Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Future Textiles and its counsel for accurate, good faith reporting to Davia of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, Davia discovers and presents to Future Textiles evidence that the Covered Products have been distributed by Future Textiles in sales volumes materially different than those identified by Future Textiles prior to execution of this Agreement, then Future Textiles shall be liable for an additional penalty amount of $10,000.00. Future Textiles shall also be liable, in accordance with the requirements of Code of Civil Procedure section 1021.5 for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia agrees to provide Future Textiles with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Future Textiles shall have thirty (30) days to agree to the amount of fees and penalties owing by Future Textiles and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.4. Should this thirty (30) day period pass without any such resolution between the parties and payment of such additional penalties and fees, Davia shall be entitled to file a formal legal claim for additional civil penalties pursuant to this Section and shall be entitled to all reasonable attorney fees and costs, in accordance with the requirements of Code of Civil Procedure section 1021.5, relating to such claim.
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, plaintiff is relying entirely upon defendant and its counsel for accurate, good faith reporting to plaintiff of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, plaintiff discovers and presents to Settling Defendant evidence that the Sur La Table 16 oz. Moscow Mule Mug (sold individually and in Sets of 4) has been distributed by Sur La Table in sales volumes materially different (>25%) than those identified by such Sur La Table prior to execution of this Agreement, then Sur La Table shall be liable for an additional penalty amount of up to $10,000 for any Sur La Table 16 oz. Moscow Mule Mug (sold individually and in Sets of 4) sold prior to execution of this Agreement but not identified by Sur La Table to plaintiff. Settling Defendant shall also be liable for any reasonable, additional attorney fees, up to a maximum of $10,000, expended by plaintiff in discovering applicable additional retailers or sales for such defendant. Plaintiff agrees to provide such misrepresenting Settling Defendant with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, such defendant shall have thirty (30) days to agree to the amount of penalties and fees owing and submit such payment to plaintiff in accordance with the method of payment of penalties and fees identified in Sections 4.4 and 4.5. Should this thirty (30) day period pass without any such resolution between the parties and payment of such additional penalties and fees, plaintiff shall be entitled to file a formal legal claim for additional civil penalties pursuant to this section and the prevailing party on such claim shall be entitled to all reasonable attorney fees and costs relating to such claim.
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Tatara for accurate, good faith reporting to Davia of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, Xxxxx discovers and presents evidence to counsel for Tatara that the Covered Products have been distributed in California in sales volumes materially different (more than 25%) than those identified by Tatara prior to execution of this Agreement, and Xxxxxx does not provide Davia with competent and credible evidence to dispute this claim, then Tatara shall be liable for an additional penalty amount of $10,000.00. Xxxxx agrees to provide counsel for Tatara with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Tatara shall have thirty (30) days to either present evidence to counter this claim or to agree to the amount of fees and penalties owing by Tatara and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.4. Should this thirty (30) day period pass without any such resolution between the parties and payment of such additional penalties and fees, Davia shall be entitled to file a formal legal claim for the additional civil penalties pursuant to this Section and the prevailing party to such action shall be entitled to all reasonable attorney fees and costs relating to such claim.
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon PEM and its counsel for accurate, good faith reporting to Davia of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, Davia discovers and presents to PEM evidence that the Covered Products have been distributed by PEM in sales volumes materially different (more than 25%) than those identified by PEM prior to execution of this Agreement, then PEM shall be liable for an additional penalty amount of up to $10,000.00. PEM shall also be liable, in accordance with the requirements of Code of Civil Procedure section 1021.5 for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia agrees to provide PEM with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, PEM shall have thirty (30) days to meet and confer with plaintiff and either (1) agree to the amount of fees and penalties owing by PEM and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.4 or (2) provide any evidence and argument against additional civil penalties to plaintiff. Should this thirty (30) day period pass without any resolution between the parties and payment of such additional penalties and fees, Davia shall be entitled to file a formal legal claim for additional civil penalties pursuant to this Section. The prevailing party on any claim filed for additional civil penalties pursuant to this Section shall be entitled to all reasonable attorney fees and costs, in accordance with the requirements of Code of Civil Procedure section 1021.5, relating to such claim.
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon AHI and its counsel for accurate, good faith reporting to Davia of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, Davia discovers and presents to AHI evidence that the Covered Products have been distributed by AHI in sales volumes materially different than those identified by AHI prior to execution of this Agreement, then AHI shall be liable for an additional penalty amount of up to $7,500. AHI shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales, up to $7,500. Davia agrees to provide AHI with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, AHI shall have thirty (30) days to agree to the amount of fees and penalties owing by AHI and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.4. Should this thirty (30) day period pass without any such resolution between the parties and payment of such additional penalties and fees, Davia shall be entitled to file a formal legal claim for civil penalties pursuant to this section and shall be entitled to all reasonable attorney fees and costs relating to such claim.
Augmentation of Penalty Payments. 10 For purposes of the penalty assessment under this Agreement, Davia is relying upon 11 Xxxxxxxxx and their counsel for accurate, good faith reporting to Davia of the nature and amounts of 12 sales activity of the Covered Products during the relevant period. If within nine (9) months of the 13 Effective Date, Xxxxx discovers and presents to Xxxxxxxxx evidence that Xxxxxxxxx materially 14 misrepresented its quantity of sales of Covered Products to California Customers during the 15 relevant period, and Xxxxxxxxx does not provide Davia with evidence to dispute this claim, then 16 Xxxxxxxxx shall be liable for an additional penalty amount of $10,000.00. Xxxxxxxxx shall also pay 17 reasonable, additional attorney fees expended by Xxxxx in discovering such additional sales and 18 reporting them to Xxxxxxxxx in accordance with this section. Xxxxx agrees to provide Xxxxxxxxx with
19 a written demand for such additional penalties and attorney fees under this Section. After service 20 of such demand, Xxxxxxxxx shall have 45 days to either present evidence to counter this claim or 21 agree to the amount demanded or negotiated with Xxxxx, to be paid in accordance with the method 22 of payment of penalties and fees identified in Section 4.4. Should the parties dispute whether Xxxxx 23 has provided appropriate evidence to support her claim, then the parties shall have the issue 24 decided by a mutually agreed upon Mediator, each side to bear its own costs of the mediation.
Augmentation of Penalty Payments. 11 For purposes of the penalty assessment under this Agreement, Plaintiff is relying entirely 12 upon Defendant for accurate, good faith reporting to Plaintiff of the nature and amounts of relevant 13 sales activity and retailer BevMo’s compliance with the warning obligations of this Agreement. If 14 within nine (9) months of the Effective Date, Plaintiff discovers and presents to Defendant either (1) 15 evidence that any type of Covered Product has been distributed by Defendant in sales volumes 16 materially different (more than 15%) than those identified by Defendant prior to execution of this 17 Agreement or (2) that after completion of the actions set forth in Section 3.2, BevMo is selling the 18 Covered Product in California without a warning pursuant to this Agreement, then Formation shall 19 be liable for an additional penalty amount of up to $65.00 for each unit of Covered Product sold in 20 California prior to execution of this Agreement but not identified by Formation to Plaintiff or for each 21 unit of Covered Product sold by BevMo in California without a warning after more than five (5) units 22 are found without the requisite warning. Defendant shall also be liable for any reasonable, additional 23 attorney fees expended by Plaintiff in discovering applicable California sales without warning. 24 Plaintiff agrees to provide Defendant with a written demand for all such additional penalties and 25 attorney fees under this Section. After service of such demand, the Parties shall meet and confer in 26 good faith to assess the information. If within twenty (20) days Defendant agrees Plaintiff has 27 documented a violation of this Section, the Parties shall have and additional ten (10) days to agree to 28 the amount of fees and penalties owing. Thereafter, Defendant shall have five (5) days to submit such 1 payment to Plaintiff in accordance with the method of payment of penalties and fees identified in
Augmentation of Penalty Payments. 21 For purposes of the penalty assessment under this Agreement, Xxxxx is relying entirely 22 upon XXXXXX and its counsel for accurate, good faith reporting to Davia of the nature and 23 amounts of relevant sales activity. If within nine (9) months of the Effective Date, Davia 24 discovers and presents to XXXXXX evidence that the Covered Products have been distributed 25 by XXXXXX in sales volumes to California materially different than those identified by 26 XXXXXX prior to execution of this Agreement, then the Parties shall have a period of 30 days to 27 meet and confer concerning such evidence, and Xxxxxx shall have the opportunity to present to 1 Plaintiff any evidence to the contrary. If the Parties can agree on an appropriate disposition, 2 then Xxxxxx shall submit payment of any agreed additional civil penalties and attorney’s fees 3 related to investigating and alleging sales activity materially different from that disclosed by 4 Xxxxxx prior to the execution of this Agreement within 30 days in accordance with the method
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Xxxxxx is relying entirely upon Argento and its counsel for accurate, good faith reporting to Xxxxxx of the nature and amounts of relevant sales activity. If within nine (9) months of the Effective Date, Xxxxxx discovers and presents to Argento evidence that the Covered Products have been distributed by Argento in sales volumes materially different than those identified by Argento prior to execution of this Agreement, then Argento shall be liable for an additional penalty amount of $10,000.00. Argento shall also be liable for any reasonable, additional attorney fees expended by Xxxxxx in discovering such additional retailers or sales. Xxxxxx agrees to provide Argento with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Argento shall have thirty (30) days to agree to the amount of fees and penalties owing by Argento and submit such payment to Xxxxxx in accordance with the method of payment of penalties and fees identified in Sections 4.3. Should this thirty (30) day period pass without any such resolution between the parties and payment of such additional penalties and fees, Xxxxxx shall be entitled to file a formal legal claim for damages for breach of this contract and shall be entitled to all reasonable attorney fees and costs relating to such claim.
Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon ACE and Xxxx for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products during the relevant period. If within nine (9) months of the Effective Date, Davia discovers and presents evidence to counsel for Xxxx that during the relevant period the Covered Products have been sold to retailers or California consumers by Xxxx in sales volumes materially different (more than 25%) than those identified by Xxxx prior to execution of this Agreement, and Xxxx does not provide Davia with competent and credible evidence to dispute this claim, then Xxxx shall be liable for an additional penalty amount of $10,000.00. Davia agrees to provide counsel for Xxxx with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxx shall have thirty (30) days to either present evidence to counter this claim or to agree to the amount of fees and penalties owing by Xxxx and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.
