Breach and Remedies for Breach. The benefits associated with Sector membership 28 will only accrue to the Members if each of them strictly complies with this Agreement. Each Member 29 will make significant operational and financial commitments based on this Agreement, and any 30 Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse 31 consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations 1 under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the 2 procedures set forth in this Section for determining whether a Member has breached this Agreement. 3 The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the 4 Sector to have breached this Agreement. Each Member shall take all actions and execute all documents 5 the Manager deems necessary or convenient to give effect to the provisions of this Section. 6 10.1. Liquidated Damages Schedule and Schedule Amendments. NA 7 10.2. Enforcement Committee. Not less than one hundred twenty (120) days 8 prior to each annual Northeast multispecies groundfish season opening date (the “Season Opening 9 Date”), the Manager shall call a meeting of the Board to appoint the Enforcement Committee for the 10 upcoming year, and to address any other matters of Sector business properly before the Board. The 11 Board shall meet for those purposes not less than ninety (90) days prior to the Season Opening Date, 12 and at such meeting shall appoint an Enforcement Committee composed of five (5) persons. If the 13 Board fails to do so, the Manager shall appoint the Enforcement Committee. The Enforcement
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Breach and Remedies for Breach. The benefits associated with Sector membership 28 29 will only accrue to the Members if each of them strictly complies with this Agreement. Each Member 29 30 will make significant operational and financial commitments based on this Agreement, and any 30 31 Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse 31 1 consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations 1 2 under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the 2 3 procedures set forth in this Section for determining whether a Member has breached this Agreement. 3 4 The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the 4 5 Sector to have breached this Agreement. Each Member shall take all actions and execute all documents 5 6 the Manager deems necessary or convenient to give effect to the provisions of this Section.
6 . 7 10.1. Liquidated Damages Schedule and Schedule Amendments. NA
7 8 10.2. Enforcement Committee. Not less than one hundred twenty (120) days 8 9 prior to each annual Northeast multispecies groundfish season opening date (the “Season Opening 9 10 Date”), the Manager shall call a meeting of the Board to appoint the Enforcement Committee for the 10 11 upcoming year, and to address any other matters of Sector business properly before the Board. The 11 12 Board shall meet for those purposes not less than ninety (90) days prior to the Season Opening Date, 12 13 and at such meeting shall appoint an Enforcement Committee composed of five (5) persons. If the 13 14 Board fails to do so, the Manager shall appoint the Enforcement Committee. The Enforcement
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Breach and Remedies for Breach. The benefits associated with Sector membership 28 24 will only accrue to the Members if each of them strictly complies with this Agreement. Each Member 29 25 will make significant operational and financial commitments based on this Agreement, and any 30 26 Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse 31 27 consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations 1 28 under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the 2 29 procedures set forth in this Section for determining whether a Member has breached this Agreement. 3 The Sector 00 Xxx Xxxxxx shall be entitled to the remedies set forth in this Section if a Member is determined by the 4 1 Sector to have breached this Agreement. Each Member shall take all actions and execute all documents 5 2 the Manager deems necessary or convenient to give effect to the provisions of this Section.
6 3 10.1. Liquidated Damages Schedule and Schedule Amendments. NA
7 4 10.2. Enforcement Committee. Not less than one hundred twenty (120) days 8 5 prior to each annual Northeast multispecies groundfish season opening date (the “Season Opening 9 6 Date”), the Manager shall call a meeting of the Board to appoint the Enforcement Committee for the 10 7 upcoming year, and to address any other matters of Sector business properly before the Board. The 11 8 Board shall meet for those purposes not less than ninety (90) days prior to the Season Opening Date, 12 9 and at such meeting shall appoint an Enforcement Committee composed of five (5) persons. If the 13 10 Board fails to do so, the Manager shall appoint the Enforcement Committee. The EnforcementEnforcement 11 Committee shall assist the Manager in setting and updating the liquidated damages amounts for 12 breaches of this Agreement and shall hear and decide Members’ appeals of the Manager’s contract 13 breach determinations and liquidated damages assessments.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Breach and Remedies for Breach. The benefits associated with Sector membership 28 31 will only accrue to the Members if each of them strictly complies with this Agreement. Each Member 29 1 will make significant operational and financial commitments based on this Agreement, and any 30 2 Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse 31 3 consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations 1 4 under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the 2 5 procedures set forth in this Section for determining whether a Member has breached this Agreement. 3 6 The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the 4 7 Sector to have breached this Agreement. Each Member shall take all actions and execute all documents 5 8 the Manager deems necessary or convenient to give effect to the provisions of this Section.
6 9 10.1. Liquidated Damages Schedule and Schedule Amendments. NA
7 10 10.2. Enforcement Committee. Not less than one hundred twenty (120) days 8 11 prior to each annual Northeast multispecies groundfish season opening date (the “Season Opening 9 12 Date”), the Manager shall call a meeting of the Board to appoint the Enforcement Committee for the 10 13 upcoming year, and to address any other matters of Sector business properly before the Board. The 11 14 Board shall meet for those purposes not less than ninety (90) days prior to the Season Opening Date, 12 15 and at such meeting shall appoint an Enforcement Committee composed of five (5) persons. If the 13 16 Board fails to do so, the Manager shall appoint the Enforcement Committee. The Enforcement
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement