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 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, Davia is relying entirely upon Future Textiles Keeco 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 Keeco evidence that the Covered Products have Packaging has been distributed by Future Textiles Keeco in sales volumes materially different (more than 15%) than those identified by Future Textiles Keeco prior to execution of this Agreement, then Future Textiles Keeco shall be liable for an additional penalty amount of $10,000.00. Future Textiles Keeco 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 Keeco with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Future Textiles Keeco shall have thirty (30) days to agree to the amount of fees and penalties owing by Future Textiles Keeco and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section Sections 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 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, Davia is relying entirely upon Future Textiles 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 Future Textiles PEM evidence that the Covered Products have been distributed by Future Textiles PEM in sales volumes materially different (more than 25%) than those identified by Future Textiles PEM prior to execution of this Agreement, then Future Textiles PEM shall be liable for an additional penalty amount of up to $10,000.00. Future Textiles 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 Future Textiles PEM with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Future Textiles 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 Future Textiles PEM and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section 4.1 and 4.44.4 or (2) provide any evidence and argument against additional civil penalties to plaintiff. 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. The prevailing party on any claim filed 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, Davia is relying entirely upon Future Textiles Trends and its counsel for accurate, good faith reporting to Davia of the nature and amounts of 7 of 15 relevant sales activity. If within nine (9) months of the Effective Date, Davia discovers and presents to Future Textiles Trends evidence that the Covered Products have been distributed by Future Textiles Trends in sales volumes materially different than those identified by Future Textiles Trends prior to execution of this Agreement, then Future Textiles Trends shall be liable for an additional penalty amount of $10,000.00. Future Textiles Trends 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 Trends with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Future Textiles Trends shall have thirty (30) days to agree to the amount of fees and penalties owing by Future Textiles Trends 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 Agreementagreement, Davia is relying entirely upon Future Textiles AIRE 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 Dateeffective date, Davia discovers and presents to Future Textiles AIRE evidence that the Covered Products covered products have been distributed by Future Textiles AIRE in sales volumes materially different (greater than 20%) than those identified by Future Textiles AIRE prior to execution of this Agreementagreement, then Future Textiles AIRE shall be liable for an additional penalty amount of $10,000.00. Future Textiles AIRE shall also be liable, in accordance with the requirements of Code code of Civil Procedure 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 AIRE with a written demand for all such additional penalties and attorney fees under this Sectionsection. After service of such demand, Future Textiles AIRE shall have thirty (30) days to agree to the amount of fees and penalties owing by Future Textiles AIRE and submit such payment to Davia in accordance with the method of payment of penalties and fees identified in Section Sections 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 section and shall be entitled to all reasonable attorney fees and costs, in accordance with the requirements of Code of Civil Procedure section Section 1021.5, relating to such claim.