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 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, Davia discovers and presents to Vinylux evidence that the Covered Products have been distributed by Vinylux in sales volumes materially different than those identified by Vinylux prior to execution of this Agreement, then Vinylux shall be liable for an additional penalty amount of $10,000.00. 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 Vinylux with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux shall have thirty (30) days to agree to the amount of fees and penalties owing by 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 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 Vinylux and its counsel 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, Davia discovers and presents evidence to Vinylux evidence counsel for Beadsmith that the Covered Products have been distributed by Vinylux in California in sales volumes materially different (more than 25%) than those identified by Vinylux Beadsmith prior to execution of this Agreement, and Beadsmith does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux Beadsmith shall be liable for an additional penalty amount of $10,000.00. 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 Vinylux counsel for Beadsmith with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux 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 Vinylux 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 damages for breach of the additional civil penalties pursuant to this contract 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 Vinylux 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, Davia discovers and presents to Vinylux Tenacious evidence that the Covered Products have been distributed by Vinylux Tenacious in sales volumes materially (more than 25%) different than those identified by Vinylux Tenacious prior to execution of this Agreement, then Vinylux Tenacious shall be liable for an additional penalty amount of up to $10,000.0010,000. Vinylux Tenacious shall also be liable for any reasonable, additional attorney fees expended by Davia Davia, up to $10,000, in discovering such additional retailers or sales. Davia agrees to provide Vinylux Tenacious with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux Tenacious shall have thirty (30) days to agree to the amount of fees and penalties owing by Vinylux 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 damages for breach of this contract to recover supplemental civil penalties consequent to the material discrepancy in sales reporting and, if and only if Davia is the prevailing party with respect to 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 Vinylux and its counsel 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, Davia discovers and presents to Vinylux Container Store evidence that the Covered Products have been distributed by Vinylux Container Store in sales volumes materially different than those identified by Vinylux Container Store prior to execution of this AgreementAgreement in the March 5 email, then Vinylux Container Store shall be liable for an additional penalty amount of $10,000.00. Vinylux Container Store shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such sales and enforcing the additional retailers or salespenalty. Davia agrees to provide Vinylux Container Store with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux Container Store shall have thirty (30) days to agree reach an agreement to the amount of fees and penalties owing by Vinylux 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 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 Vinylux and its counsel 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, Davia Xxxxx discovers and presents evidence to Vinylux evidence counsel for Beadsmith that the Covered Products have been distributed by Vinylux in California in sales volumes materially different (more than 25%) than those identified by Vinylux Beadsmith prior to execution of this Agreement, and Xxxxxxxxx does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux Beadsmith shall be liable for an additional penalty amount of $10,000.00. Vinylux shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia Xxxxx agrees to provide Vinylux counsel for Xxxxxxxxx with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux 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 Vinylux 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 damages for breach of the additional civil penalties pursuant to this contract 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 Vinylux and its counsel 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, Davia Xxxxx discovers and presents evidence to Vinylux evidence counsel for Gammonvillage that the Covered Products have been distributed by Vinylux in California in sales volumes materially different (more than 25%) than those identified by Vinylux Gammonvillage prior to execution of this Agreement, and Gammonvillage does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux Gammonvillage shall be liable for an additional penalty amount of $10,000.00. Vinylux shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia Xxxxx agrees to provide Vinylux counsel for Gammonvillage with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux 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 Vinylux 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 damages for breach of the additional civil penalties pursuant to this contract 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 Vinylux and its counsel Beauty Sourcing 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 evidence to Vinylux evidence counsel for Beauty Sourcing that the Covered Products have been distributed by Vinylux in California in sales volumes materially different than those identified by Vinylux Beauty Sourcing prior to execution of this Agreement, and Beauty Sourcing does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux the Parties shall be liable for an attempt to negotiate a fair and reasonable additional penalty and attorneys’ fees in an amount of not to exceed $10,000.00. Vinylux Davia shall also be liable provide counsel for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia agrees to provide Vinylux Beauty Sourcing with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux Beauty Sourcing shall have thirty (30) days to agree either present evidence to counter this claim or to reach agreement with Davia as to the additional amount of attorneys’ fees and penalties owing by Vinylux Beauty Sourcing 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 damages for breach of additional civil penalties pursuant to this contract Section and the prevailing party to such action shall be entitled to seek 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 Vinylux and its counsel 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, Davia discovers and presents evidence to Vinylux evidence counsel for Jewelry Supply that Jewelry Supply has distributed the Covered Products have been distributed by Vinylux in California in sales volumes materially different than those identified by Vinylux Jewelry Supply prior to execution of this Agreement, and Jewelry Supply does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux Jewelry Supply shall be liable for an additional penalty amount of $10,000.00. 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 Vinylux counsel for Jewelry Supply with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux 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 Vinylux 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 damages for breach of the additional civil penalties pursuant to this contract 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 Vinylux and its counsel 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, Davia Xxxxx discovers and presents evidence to Vinylux evidence counsel for Nordstrom that the Covered Products have been distributed by Vinylux in California in sales volumes materially different (greater than 25%) than those identified by Vinylux Nordstrom prior to execution of this Agreement, and Nordstrom does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux Nordstrom shall be liable for an additional penalty amount of $10,000.00. Vinylux shall also be liable for any reasonable, additional attorney fees expended by Davia in discovering such additional retailers or sales. Davia Xxxxx agrees to provide Vinylux counsel for Xxxxxxxxx with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux 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 Vinylux 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 damages for breach of the additional civil penalties pursuant to this contract 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 Vinylux and its counsel GRIP 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 evidence to Vinylux evidence counsel for GRIP that the Covered Products have been distributed by Vinylux in California in sales volumes materially different than those identified by Vinylux GRIP prior to execution of this Agreement, and GRIP does not provide Davia with competent and credible evidence to dispute this claim, then Vinylux GRIP shall be liable for an additional penalty amount of $10,000.00. Vinylux Davia represents that she does not presently have such information. GRIP shall also be liable for any reasonable, additional attorney fees expended by Davia Davia, up to $10,000 or as determined by the Court, in discovering such additional retailers or sales. Davia agrees to provide Vinylux counsel for GRIP with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, Vinylux GRIP 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 Vinylux GRIP 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 damages for breach of the additional civil penalties pursuant to this contract Section and the prevailing party to such action shall be entitled to all reasonable attorney fees and costs relating to such claim.