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 Geneva Home and its counsel for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products. If within nine (9) months of the Effective Date, Davia discovers and presents to Geneva Home evidence that the Covered Products have been distributed in California by Geneva Home in sales volumes materially different (more than 25%) than those identified by Geneva Home prior to execution of this Agreement, then Geneva Home shall be liable for an additional penalty amount of $10,000.00. Geneva Home shall also pay reasonable, additional attorney fees expended by Davia in discovering such additional sales and reporting them to Geneva Home in accordance with this section. Davia agrees to provide Geneva Home with a written demand for such additional penalties and attorney fees under this Section. After service of such demand, Geneva Home shall have thirty (30) days to pay the additional civil penalties amount demanded or negotiate with Davia as to an agreed amount of fees and penalties to be paid in accordance with the method of payment of penalties and fees identified in Section 4.4. Should the Parties fail to reach an agreement within thirty (30) days, Davia shall be entitled to file an action for breach of this Agreement in which the sole issues for resolution by the Court shall be: (1) whether Covered Products were distributed in California by Geneva Home in sales volumes materially different (more than 25%) than those identified by Geneva Home prior to execution of this Agreement; and (2) if the Court finds in favor of Davia on issue no. 1, the amount of legal fees Davia is entitled to recover for discovering the additional sales and reporting them to Geneva Home in accordance with this section. In any action brought under this Section 4.2, the prevailing party shall be entitled to recover its attorney’s and other fees and costs.

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Geneva Home Meridian and its counsel for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products. If within nine (9) months of the Effective Date, Davia discovers and presents to Geneva Home Meridian evidence that the Covered Products have been distributed in California by Geneva Home Meridian in sales volumes materially different (more than 25%) than those identified by Geneva Home Meridian prior to execution of this Agreement, then Geneva Home Meridian shall be liable for an additional penalty amount of $10,000.00. Geneva Home Meridian shall also pay reasonable, additional attorney fees expended by Davia in discovering such additional sales and reporting them to Geneva Home Meridian in accordance with this section. Davia agrees to provide Geneva Home Meridian with a written demand for such additional penalties and attorney fees under this Section. After service of such demand, Geneva Home Meridian shall have thirty (30) days to pay the additional civil penalties amount demanded or negotiate with Davia as to an agreed amount of fees and penalties to be paid in accordance with the method of payment of penalties and fees identified in Section 4.4. Should the Parties fail parties dispute whether Davia has provided appropriate evidence of “sales volumes materially different (more than 25%) than those identified by Meridian prior to reach an agreement execution of this Agreement”, then the parties shall have the issued decided by a mutually agreed upon Mediator, each side to bear its own costs of the mediation. Should mediation not be successful in resolving the matter then, within thirty (30) daysdays of the mediation, Davia shall be entitled to file an action for breach of this Agreement in which the sole issues for resolution by the Court shall be: (1) whether Covered Products were distributed in California by Geneva Home Meridian in sales volumes materially different (more than 25%) than those identified by Geneva Home Meridian prior to execution of this Agreement; and (2) if the Court finds in favor of Davia on issue no. 1, the amount of legal fees fees, if any, Davia is entitled to recover for discovering the additional sales and reporting them to Geneva Home Meridian in accordance with this section. In any action brought under this Section 4.2, the prevailing party shall be entitled to recover its attorney’s and other fees and costs.

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Geneva Home GBG and its counsel for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products. If within nine (9) months of the Effective Date, Davia discovers and presents to Geneva Home GBG evidence that the Covered Products have been distributed in California by Geneva Home GBG or Homestead in sales volumes materially different (more than 25%) than those identified by Geneva Home GBG prior to execution of this Agreement, then Geneva Home GBG shall be liable for an additional penalty amount of $10,000.00. Geneva Home GBG shall also pay reasonable, additional attorney fees expended by Davia in discovering such additional sales and reporting them to Geneva Home GBG in accordance with this section. Davia agrees to provide Geneva Home GBG with a written demand for such additional penalties and attorney fees under this Section. After service of such demand, Geneva Home GBG shall have thirty (30) days to pay the additional civil penalties amount demanded demanded, or negotiate with Davia as to an agreed amount of fees and penalties to be paid in accordance with the method of payment of penalties and fees identified in Section 4.4. Should the Parties fail to reach an agreement within thirty (30) days, Davia shall be entitled to file an action for breach of this Agreement in which the sole issues for resolution by the Court shall be: (1) whether Covered Products were distributed in California by Geneva Home GBG and Homestead in sales volumes materially different (more than 25%) than those identified by Geneva Home GBG prior to execution of this Agreement; and (2) if the Court finds in favor of Davia on issue no. 1, the amount of legal fees Davia is entitled to recover for discovering the additional sales and reporting them to Geneva Home GBG in accordance with this section. In any action brought under this Section 4.2, the prevailing party shall be entitled to recover its attorney’s attorneys’ and other fees and costs.

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Geneva Xxxxxxxx Home and its counsel for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products. If within nine (9) months of the Effective Date, Davia discovers and presents to Geneva Xxxxxxxx Home evidence that the Covered Products have been distributed in California by Geneva Xxxxxxxx Home in sales volumes materially different (more than 25%) than those identified by Geneva Xxxxxxxx Home prior to execution of this Agreement, then Geneva Xxxxxxxx Home shall be liable for an additional penalty amount of $10,000.00. Geneva Xxxxxxxx Home shall also pay reasonable, additional attorney fees expended by Davia in discovering such additional sales and reporting them to Geneva Xxxxxxxx Home in accordance with this section. Davia agrees to provide Geneva Xxxxxxxx Home with a written demand for such additional penalties and attorney fees under this Section. Davia agrees that any attorney fee demand shall be supported by time records as required by California law. After service of such demand, Geneva Xxxxxxxx Home shall have thirty (30) days to either pay the additional civil penalties penalty and fee amount demanded or negotiate with Davia as to an agreed amount of fees and penalties to be paid in accordance with the method of payment of penalties and fees identified in Section 4.4. Should the Parties fail to reach an agreement as to the amount of additional penalties under this section within thirty (30) days, Davia shall be entitled to file an action for breach of this Agreement in which the sole issues for resolution by the Court shall be: (1) be whether Covered Products were distributed in California by Geneva Xxxxxxxx Home in sales volumes materially different (more than 25%) than those identified by Geneva Xxxxxxxx Home prior to execution of this Agreement; and (2) if the Court finds in favor of Davia . The prevailing Party on issue no. 1, the amount of legal fees Davia is entitled to recover any such action for discovering the additional sales and reporting them to Geneva Home in accordance with this section. In any action brought under this Section 4.2, the prevailing party breach shall be entitled to recover its attorney’s and other their reasonable attorney fees and costs.costs related to the action. Should the Parties reach an agreement on an additional civil penalty within the thirty day period, but be unable to agree on the amount of attorney fees and costs due Davia under this section, the Parties shall attempt, in good faith, to mediate this remaining dispute within the following sixty

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Davia is relying entirely upon Geneva Home West Pacific and its counsel for accurate, good faith reporting to Davia of the nature and amounts of sales activity of the Covered Products. If within nine (9) months of the Effective Date, Davia discovers and presents to Geneva Home West Pacific evidence that the Covered Products have been distributed in California by Geneva Home West Pacific in sales volumes materially different (more than 25%) than those identified by Geneva Home West Pacific prior to execution of this Agreement, then Geneva Home West Pacific shall be liable for an additional penalty amount of $10,000.00. Geneva Home West Pacific shall also pay reasonable, additional attorney fees expended by Davia in discovering such additional sales and reporting them to Geneva Home West Pacific in accordance with this section. Davia agrees to provide Geneva Home West Pacific with a written demand for such additional penalties and attorney fees under this Section. After service of such demand, Geneva Home West Pacific shall have thirty (30) days to pay the additional civil penalties amount demanded or negotiate with Davia as to an agreed amount of fees and penalties to be paid in accordance with the method of payment of penalties and fees identified in Section 4.4. Should the Parties fail to reach an agreement within thirty (30) days, Davia shall be entitled to file an action for breach of this Agreement in which the sole issues for resolution by the Court shall be: (1) whether Covered Products were distributed in California by Geneva Home West Pacific in sales volumes materially different (more than 25%) than those identified by Geneva Home West Pacific prior to execution of this Agreement; and (2) if the Court finds in favor of Davia on issue no. 1, the amount of legal fees Davia is entitled to recover for discovering the additional sales and reporting them to Geneva Home West Pacific in accordance with this section. In any action brought under this Section 4.2, the prevailing party shall be entitled to recover its attorney’s and other fees and costs.