Compliance and Corrective Action. (1) The Company and its affiliates shall comply with the provisions of this Agreement, as applicable. The Company is solely responsible for the conduct and performance of its personnel and affiliates with respect to the obligations imposed by this Agreement and FCIC procedures. Liability for damages incurred, to the extent it is caused by an error or omission or failure to comply with this Agreement or applicable FCIC procedures, is the sole responsibility of the Company. The assumption of liability under this section is only for the purpose of this Agreement and may not be relied upon by any person or entity not a part to this Agreement for any purpose.
(2) In addition to paragraph (1), the Company and its affiliates shall comply with FCIC procedures, and the applicable laws of the States in which the Company is conducting business under this Agreement, unless preempted in accordance with section IV(o).
(3) The Company shall fully cooperate with FCIC in the review or examination of the Company or its affiliates regarding compliance with the requirements of the Agreement and FCIC procedures. The Company shall include in its agreements with its affiliates provisions that ensure that such affiliates agree to cooperate and assist FCIC in the reviews and examinations conducted in accordance with this Agreement.
(4) In addition to any other remedies available under this Agreement, if FCIC finds that the Company has not complied with a provision of this Agreement, and the Company has not taken appropriate steps to correct the act of non-compliance, FCIC may, at its sole discretion, require that the Company take corrective action within 45 days of the date of making a written demand. The Company shall provide FCIC with satisfactory documentary evidence of the corrective action taken to address the act of non-compliance.
(5) If a State makes a determination that the Company or its affiliates are not in compliance with state law and FCIC determines such non-compliance is material to the Company’s obligations under this Agreement, and all appeals have been exhausted, FCIC will take remedial actions, which may include suspension or termination of this Agreement in accordance with section IV(i) and (j), denial of reinsurance, A&O subsidy, CAT LAE, and risk subsidy, for all eligible crop insurance contracts for which such non- compliance occurred, in whole or in part, depending on the materiality or severity of the non-compliance.
(6) In addition to any other remedies ...
Compliance and Corrective Action. (1) The Company and its affiliates shall comply with the provisions of this Agreement, as applicable. The Company is solely responsible for the conduct and performance of its personnel and affiliates with respect to the obligations imposed by this Agreement and FCIC procedures. Liability for damages incurred, to the extent it is caused by an error or omission or failure to comply with this Agreement or applicable FCIC procedures, is the sole responsibility of the Company. The assumption of liability under this section is only for the purpose of this Agreement and may not be relied upon by any person or entity not a part to this Agreement for any purpose.
(2) In addition to paragraph (1), the Company and its affiliates shall comply with FCIC procedures, and the applicable laws of the States in which the Company is conducting business under this Agreement, unless preempted in accordance with section IV(o).
(3) The Company shall fully cooperate with FCIC in the review or examination of the Company or its affiliates regarding compliance with the requirements of the Agreement and FCIC procedures. The Company shall include in its agreements with its affiliates provisions that ensure that such affiliates agree to cooperate and assist FCIC in the reviews and examinations conducted in accordance with this Agreement.
Compliance and Corrective Action. 1. The Company must be in compliance with the provisions of this Agreement, the laws and regulations of the United States, the laws and regulations of the States and locales in which the Company is conducting business under this Agreement, unless such State and local laws and regulations are in conflict with this Agreement, and all bulletins, handbooks, instructions, and procedures of FCIC.
2. The Company must cooperate with FCIC in the review of Company operations.
3. If FCIC finds that the Company has not complied with any provision of this Agreement, and the Company has not taken appropriate steps to correct the reported act of non-compliance, FCIC may at its discretion, require that the Company take corrective action within 45 days of the date of such written demand. The Company must provide FCIC with satisfactory documentary evidence of the corrective action taken to address the reported act of non-compliance.
4. Whenever an act or omission by the Company materially affects the existence or amount of the indemnity or premium paid (including but not limited to incorrect APH calculations; improper adjustment of loss; sales agents or sales supervisors involved in the adjustment of losses; failure to verify eligibility for insurance, acreage planted or prevented from planting, insurable shares, insurable causes of loss, unit divisions, or nonstandard classifications) and FCIC is able to determine the correct amount of indemnity or premium that should have been paid:
a. FCIC shall require the Company to report to FCIC through the DAS system the correct amount of indemnity or premiums, and
b. FCIC may require the Company to refund any A&O subsidy that exceeds the amount the Company was entitled to receive.
5. The Company provides valuable program delivery services for which payment is made in the form of A&O subsidy. FCIC and the Company agree that FCIC is damaged by a failure of the Company to provide services or to comply with FCIC requirements and procedures and that the value of such service or failure to comply is difficult to determine because damages are uncertain and the amount of services or failure to comply is difficult to quantify. FCIC and the Company agree that in view of the difficulty of determining the exact value of each service, the amounts stated below are reasonable estimates of the value of such services.
a. If the Company's loss adjustment performance and practices are not carried out in accordance with this Agreement and FCIC assumes...
Compliance and Corrective Action. (1) The Company and its affiliates must comply with the provisions of this Agreement, as applicable. The Company is solely responsible for the conduct and performance of its personnel and affiliates with respect to the obligations imposed by this Agreement and the procedures. Liability for damages incurred, to the extent it is caused by an error or omission or failure to comply with this Agreement or the procedures, is the sole responsibility of the Company. The assumption of liability under this section is only for the purpose of this Agreement and may not be relied upon by any person or entity not a part to this Agreement for any purpose. H.
Compliance and Corrective Action. (Company and affiliate 22-24 compliance and liability for errors, omissions, or failure to comply; compliance with State law; cooperation in reviews or examinations; non-compliance with State law; and consequences of non-compliance with the Agreement or procedures)
Compliance and Corrective Action. 1. The Company must be in compliance with the provisions of this Agreement, the Standards for Approval as published by FCIC, the laws and regulations of the United States, the laws and regulations of the state in which the Company is conducting business under this Agreement, unless such state laws and regulations are in conflict with this Agreement, and all instructions of FCIC.
2. The Company must cooperate with FCIC in the review of Company operations which are designed to assure policyholders are properly serviced, that monies are distributed in accordance with the Act, and the FCIC policies and procedures are being followed.
3. In lieu of termination of this agreement and in addition to suspension of this agreement in accordance with the provisions of subsection V.I., if FCIC finds that the Company has not complied with the provisions of paragraphs V.H.1. and 2. above, and the Company has not taken appropriate steps to correct the non-compliance, FCIC may, at its option:
a. Require, in writing, that the Company take corrective action within forty-five (45) days of the date of such demand. The demand notice shall state each contract violation or occurrence of non-compliance. The Company must provide FCIC with satisfactory documentary evidence of the corrective action taken to address the non-compliance or reported violation, including but not limited to, appropriate actions against any of its agents or other employees determined to be responsible for the violation; and
b. Require that the Company refund or forfeit a share or all of the expense reimbursement, premium subsidy, or reinsurance with respect to the crop insurance contract violation identified.
Compliance and Corrective Action. Xxxxx reserves the right to spot test products to ensure compliance with the RS Policy. Xxxxx will assume the cost of these tests, unless a product is found to be in violation of the Policy. If testing determines a product to be in violation of the policy, the cost of the testing will be charged back to the manufacturing factory. In addition, if it is determined the product cannot be sold, the factory will assume the cost of the transportation and destruction of the goods, as well as reimburse Xxxxx for the retail value of the goods in violation. Any penalties, damages or losses incurred by Xxxxx as a result of the non-compliance with this policy will be the sole responsibility of the non-compliant party, including the costs of any product recalls or litigation. If Xxxxx determines that a product or material does not conform to the terms of this policy, the non-compliant party agrees to the following:
