Common use of Augmentation of Penalty Payments Clause in Contracts

Augmentation of Penalty Payments. For purposes of the penalty assessment under this Agreement, Xxxxx is relying entirely upon X. Xxxxx 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 discovers and presents to J. Queen evidence that the Covered Products have been distributed by X. Xxxxx in sales volumes materially different than those identified by X. Xxxxx prior to execution of this Agreement, then X. Xxxxx shall be liable for an additional penalty amount of $10,000.00. J. Queen 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 Xxxxx in discovering such additional retailers or sales. Xxxxx agrees to provide X. Xxxxx with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, X. Xxxxx shall have thirty (30) days to agree to the amount of fees and penalties owing by X. Xxxxx 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, Xxxxx Davia is relying entirely upon X. Xxxxx Tween 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 J. Queen Tween evidence that the Covered Products have been distributed by X. Xxxxx Tween in sales volumes materially (more than 25%) different than those identified by X. Xxxxx Tween prior to execution of this Agreement, then X. Xxxxx Tween shall be liable for an additional penalty amount of up to $10,000.00. J. Queen In such event, Tween 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 Xxxxx Davia in discovering such additional retailers or sales. Xxxxx Davia agrees to provide X. Xxxxx Ascena and Tween with a written demand for all such additional penalties and attorney fees under this Section, including Davia’s evidence supporting any claim for a materially different sales volume. After service of such demand, X. Xxxxx Ascena and Tween shall have thirty (30) days to agree to the amount of fees and penalties owing by X. Xxxxx Ascena and Tween 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 Section. The prevailing party on any claim filed pursuant to this section shall be entitled to all its 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, Xxxxx Davia is relying entirely upon X. Xxxxx 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, Xxxxx Davia discovers and presents to J. Queen PEM evidence that the Covered Products have been distributed by X. Xxxxx PEM in sales volumes materially different (more than 25%) than those identified by X. Xxxxx PEM prior to execution of this Agreement, then X. Xxxxx PEM shall be liable for an additional penalty amount of up to $10,000.00. J. Queen 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 Xxxxx Davia in discovering such additional retailers or sales. Xxxxx Davia agrees to provide X. Xxxxx PEM with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, X. Xxxxx 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 X. Xxxxx 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, Xxxxx Davia is relying entirely upon X. Xxxxx J. Queen 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 J. Queen evidence that the Covered Products have been distributed by X. Xxxxx J. Queen in sales volumes materially different than those identified by X. Xxxxx J. Queen prior to execution of this Agreement, then X. Xxxxx J. Queen shall be liable for an additional penalty amount of $10,000.00. J. Queen 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 Xxxxx Davia in discovering such additional retailers or sales. Xxxxx Davia agrees to provide X. Xxxxx J. Queen with a written demand for all such additional penalties and attorney fees under this Section. After service of such demand, X. Xxxxx J. Queen shall have thirty (30) days to agree to the amount of fees and penalties owing by X. Xxxxx J. Queen 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.