Common use of Augmentation of Penalty Payments Clause in Contracts

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Nordstrom 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 Nordstrom that the Covered Products have been distributed in California in sales volumes materially different (greater than 25%) than those identified by Nordstrom prior to execution of this Agreement, and Nordstrom does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom shall be liable for an additional penalty amount of $10,000.00. Xxxxx agrees to provide counsel for Xxxxxxxxx with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx 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 Xxxxxxxxx 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 Nordstrom Gammonvillage 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 Nordstrom Gammonvillage that the Covered Products have been distributed in California in sales volumes materially different (greater more than 25%) than those identified by Nordstrom Gammonvillage prior to execution of this Agreement, and Nordstrom Gammonvillage does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom Gammonvillage shall be liable for an additional penalty amount of $10,000.00. Xxxxx agrees to provide counsel for Xxxxxxxxx Gammonvillage with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Gammonvillage 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 Xxxxxxxxx Gammonvillage 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 Nordstrom Tenacious 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, Xxxxx Davia discovers and presents to Tenacious evidence to counsel for Nordstrom that the Covered Products have been distributed in California by Tenacious in sales volumes materially different (greater more than 25%) different than those identified by Nordstrom Tenacious prior to execution of this Agreement, and Nordstrom does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom Tenacious shall be liable for an additional penalty amount of up to $10,000.0010,000. Xxxxx Tenacious shall also be liable for any reasonable, additional attorney fees expended by Davia, up to $10,000, in discovering such additional retailers or sales. Davia agrees to provide counsel for Xxxxxxxxx Tenacious with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Tenacious 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 Xxxxxxxxx Tenacious 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 Parties and payment of such additional penalties and fees, Davia shall be entitled to file a formal legal claim for the additional to recover supplemental civil penalties pursuant consequent to this Section the material discrepancy in sales reporting and, if and only if Davia is the prevailing party with respect to such action 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 Nordstrom Container Store for accurate, good faith reporting to Davia of the nature and amounts of relevant California sales activitydata, which was contained in the email from Xxxxxx Xxxxxxxx to Xxxxx’x counsel on March 5, 2019. If within nine (9) months of the Effective Date, Xxxxx Davia discovers and presents to Container Store evidence to counsel for Nordstrom that the Covered Products have been distributed in California by Container Store in sales volumes materially different (greater than 25%) than those identified by Nordstrom Container Store prior to execution of this Agreement, and Nordstrom does not provide Davia with competent and credible evidence to dispute this claimAgreement in the March 5 email, then Nordstrom Container Store shall be liable for an additional penalty amount of $10,000.00. Xxxxx Container Store shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such sales and enforcing the additional penalty. Davia agrees to provide counsel for Xxxxxxxxx Container Store with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Container Store shall have thirty (30) days to either present evidence to counter this claim or to agree reach an agreement to the amount of fees and penalties owing by Xxxxxxxxx Container Store 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 damages for breach of this Section contract 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 Nordstrom Beadsmith 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 Davia discovers and presents evidence to counsel for Nordstrom Beadsmith that the Covered Products have been distributed in California in sales volumes materially different (greater more than 25%) than those identified by Nordstrom Beadsmith prior to execution of this Agreement, and Nordstrom Beadsmith does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom Beadsmith shall be liable for an additional penalty amount of $10,000.00. Xxxxx Davia agrees to provide counsel for Xxxxxxxxx Beadsmith with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Beadsmith 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 Xxxxxxxxx Beadsmith 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 Nordstrom Vinylux 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, Xxxxx Davia discovers and presents to Vinylux evidence to counsel for Nordstrom that the Covered Products have been distributed in California by Vinylux in sales volumes materially different (greater than 25%) than those identified by Nordstrom Vinylux prior to execution of this Agreement, and Nordstrom does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom Vinylux shall be liable for an additional penalty amount of $10,000.00. Xxxxx Vinylux shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia agrees to provide counsel for Xxxxxxxxx Vinylux with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Vinylux 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 Xxxxxxxxx Vinylux 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 damages for breach of this Section contract 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 Nordstrom Jewelry Supply 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 Davia discovers and presents evidence to counsel for Nordstrom Jewelry Supply that Jewelry Supply has distributed the Covered Products have been distributed in California in sales volumes materially different (greater than 25%) than those identified by Nordstrom Jewelry Supply prior to execution of this Agreement, and Nordstrom Jewelry Supply does not provide Davia with competent and credible evidence to dispute this claim, then Nordstrom Jewelry Supply shall be liable for an additional penalty amount of $10,000.00. Xxxxx Davia agrees to provide counsel for Xxxxxxxxx Jewelry Supply with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Xxxxxxxxx Jewelry Supply 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 Xxxxxxxxx Jewelry Supply 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.