Criminal Enforcement Sample Clauses

Criminal Enforcement. Any person (other than a foreign government agency, or entity wholly owned by a foreign govern- ment) who knowingly commits an act prohibited by section 307 of this title shall be subject to subsections (b) and (c) of section 309 of the Xxxxxxxx-Xxxxxxx Act (16 U.S.C. 1859).
Sample 1
Criminal Enforcement. 4.3.1. The ICO is also responsible for investigating and prosecuting the following offences: • Data Protection Act 2018, section 119: Intentionally obstructing, or failing to assist the Commissioner in inspecting personal data where the inspection is necessary in order to discharge an international obligation (subject to restrictions). • Data Protection Act 2018, section 132: A current or previous member of the Commissioner's Staff or an agent of the Commissioner disclosing information obtained, or provided to, the Commissioner in the course of, or for the purposes of, the discharging of his functions without lawful authority. • Data Protection Act 2018, section 144: Making a false statement in response to an information notice. • Data Protection Act 2018, section 148: Destroying or falsifying information and documents etc. • Data Protection Act 2018, section 170: Unlawful obtaining of personal data. • Data Protection Act 2018, section 171: To knowingly or recklessly to re- identify information that is de-identified personal data without the consent of the controller responsible for de-identifying the personal data. • Data Protection Act 2018, section 173: To alter, deface, block, erase, destroy or conceal information with the intention of preventing access to information to which a data subject would be entitled to under a data subject right. • Data Protection Act 2018, section 184: To require another person to provide a relevant record in connection with the recruitment or continued employment of that person (enforced subject access). • Data Protection Act 2018, Schedule 15, para.15: To intentionally obstruct a person in the execution of a warrant issued under the DPA to fail to provide assistance in the execution of such a warrant or to make a false statement. And, • Freedom of Information Act 2000, section 77: the offence of altering, defacing, blocking, erasing, destroying or concealing any record, with the intention of preventing the disclosure of information to which an applicant would have been entitled. 4.3.2. The ICO may require, upon request, the Shared Personal Data in order to investigate and prosecute the offences outlined in clause 4.3.1 (“the Criminal Enforcement Purposes”). 4.3.3. Processing of personal data for any of the Criminal Enforcement Purposes is lawful where that processing is necessary for the performance of a task carried out for that purpose by a Competent Authority, (s.35(2)(b)). 4.3.4. Sensitive processing of Personal Data i...
Sample 1
Criminal Enforcement. 9 (1) Any person (other than a foreign government agency, or entity wholly owned and 10 controlled by a foreign government) who knowingly commits any act prohibited by 11 section 9 of this Act shall be imprisoned for not more than five years or fined not more 12 than $500,000 for individuals or $1,000,000 for an organization, or both; except that if in 13 the commission of any such offense the individual uses a dangerous weapon, engages in 14 conduct that causes bodily injury to any officer authorized to enforce the provisions of 15 this Act, or places any such officer in fear of imminent bodily injury, the maximum term 16 of imprisonment is not more than ten years. 17 (2) Any person (other than a foreign government agency, or entity wholly owned and 18 controlled by a foreign government) who violates the provisions of paragraph (2), (3), 19 (4), (5) or (6) of section 9, and who, in the exercise of due care should know that such 20 person's conduct violates such provisions, shall be fined under title 18, United States 21 Code, or imprisoned not more than one year, or both. 22 (i) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.— Any person assessed a 23 civil penalty for, or convicted of, any violation of this Act or of any regulation 1 promulgated under this Act, and any claimant in a forfeiture action brought for such a 2 violation, shall be liable for the reasonable costs incurred by the Secretary in storage, 3 care, and maintenance of any property seized in connection with the violation.
Sample 1
Criminal Enforcement. LDEQ has authority to enforce the Louisiana Environmental Quality Act (EQA) and any other law under which the department has authority or jurisdiction. LDEQ maintains a lead role in the referral of environmental crime cases for prosecution pursuant to the EQA. Befitting this lead role, LDEQ works in conjunction with local, state, and federal law enforcement agencies. LDEQ supports coordination between state and federal prosecutors and investigators. LDEQ fully supports and encourages criminal prosecution for cases where criminal conduct can be demonstrated. Since the authority to prosecute is vested in the Department of Justice, the Offices of the United States Attorney and District Attorneys, EPA will refer appropriate cases to these agencies for prosecutorial control informing LDEQ when such cases are referred. LDEQ is encouraged to do the same. In the event LDEQ/EPA initiates a criminal investigation in the state, the following protocol will be followed in order to maintain a strong and effective LDEQ/EPA working relationship. 1. EPA and LDEQ agree to make arrangements for coordinated action, where possible, considering the circumstances. The objective of this coordinated action is for EPA and LDEQ to reach agreement on how to best coordinate available resources and efficiently focus to achieve the greatest possible deterrent effect and remediation. 2. In cases when the EPA Criminal Investigation Division (CID) has the lead investigative role and LDEQ is apprised of this, LDEQ will not pursue enforcement for civil or administrative penalties unrelated to remediation (until completion of the criminal case) or for the violation(s) being pursued by EPA. This does not apply if joint investigative action or parallel civil/criminal enforcement action has been arranged. This is to prevent duplication of effort or confusion. Civil action to compel abatement or compliance may be sought in such cases and will be closely coordinated with the EPA CID counselor assigned to the case. The LDEQ will not communicate with the facility regarding those cases for which EPA has the criminal investigative lead, without coordinating with EPA. Conversely, the EPA will not communicate with the facility regarding those cases for which LDEQ has the criminal investigative lead, without coordinating with the LDEQ. 3. A parallel process may be appropriate to support both the civil relief necessary to protect human health, the environment, or other significant concern while continuing...
Sample 1

Related to Criminal Enforcement

  • Law Enforcement 24.1 Each Party may cooperate with law enforcement authorities and national security authorities to the full extent required or permitted by Applicable Law in matters related to Services provided by it under this Agreement, including, but not limited to, the production of records, the establishment of new lines or the installation of new services on an existing line in order to support law enforcement and/or national security operations, and, the installation of wiretaps, trap-and-trace facilities and equipment, and dialed number recording facilities and equipment. 24.2 A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, except to the extent required by Applicable Law. 24.3 Where a law enforcement or national security request relates to the establishment of lines (including, but not limited to, lines established to support interception of communications on other lines), or the installation of other services, facilities or arrangements, a Party may act to prevent the other Party from obtaining access to information concerning such lines, services, facilities and arrangements, through operations support system interfaces.

  • Specific Enforcement Each party hereto acknowledges that the remedies at law of the other parties for a breach or threatened breach of this Agreement would be inadequate and, in recognition of this fact, any party to this Agreement, without posting any bond, and in addition to all other remedies that may be available, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy that may then be available.

  • Contract Enforcement Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED TO A, B2, 5-7. Enforcement of Contract and Dispute Resolution Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED 1) Vendor and DIR agree to the following: (i) a party’s failure to require strict performance of any provision of the Contract shall not waive or diminish that party’s right thereafter to demand strict compliance with that or any other provision, (ii) for disputes not resolved in the normal course of business, the dispute resolution process provided for in Chapter 2260, Texas Government Code, shall be used, and (iii) actions or proceedings arising from the Contract shall be heard in a state court of competent jurisdiction in Xxxxxx County, Texas. 2) Disputes arising between a Customer and the Vendor shall be resolved in accordance with the dispute resolution process of the Customer that is not inconsistent with subparagraph A.1 above. DIR shall not be a party to any such dispute unless DIR, Xxxxxxxx, and Vendor agree in writing. 3) State agencies are required by rule (34 TAC §20.1115) to report vendor performance through the Vendor Performance Tracking System (VPTS) on every purchase over $25,000. 1) Termination for Non-Appropriation a) Termination for Non-Appropriation by Customer

  • GOVERNING LAW & ENFORCEMENT The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • Patent Enforcement (a) Each Party shall notify the other promptly after such Party becomes aware of any alleged infringement in the Field of any Patent licensed to either Party under this Agreement in any country. CURAGEN shall have the first right, but not the duty, to institute patent infringement actions against Third Parties with respect to any such alleged infringement in the Field and in the Territory. CURAGEN shall take all such actions under this Section 13.1(a) (other than with respect to a Patent included solely in the CURAGEN Collaboration Technology) in reasonable consultation with TOPOTARGET and shall keep TOPOTARGET apprised as to the status of any such infringement action CURAGEN institutes. TOPOTARGET shall execute all reasonable, necessary and proper documents and take such actions, at CURAGEN’s request and expense, as shall be appropriate to allow CURAGEN to institute and prosecute infringement actions under this Section 13.1(a). (b) The costs and expenses of bringing and maintaining any infringement action under Section 13.1(a) shall be borne solely by CURAGEN. (c) Any award or compensation (including the fair market value of non-monetary compensation) paid by Third Parties as a result of any infringement action brought by CURAGEN under Section 13.1(a) (whether by way of settlement or otherwise) shall be allocated first to reimbursement of CURAGEN for all expenses incurred by it in connection with such action. Any remaining award or compensation shall be allocated to the Parties in the following proportions: [*************************************************]. (d) In the event CURAGEN elects not to, or fails to, exercise its rights under Section 13.1(a) with respect to any alleged infringement of a Patent licensed to CURAGEN under this Agreement (i.e., excluding any Patent included solely in the CURAGEN Collaboration Technology) within 120 days after receiving notice thereof, TOPOTARGET shall have the right, but not the duty, to institute patent infringement actions against Third Parties with respect to any such alleged infringement. TOPOTARGET shall take all such actions under this Section 13.1(d) in reasonable consultation with CURAGEN and shall keep CURAGEN apprised as to the status of any such infringement action TOPOTARGET institutes. CURAGEN shall execute all reasonable, necessary and proper documents and take such actions, at TOPOTARGET’s request and expense, as shall be appropriate to allow TOPOTARGET to institute and prosecute infringement actions under this Section 13.1(d). The costs and expenses of bringing and maintaining any infringement action under this Section 13.1(d) shall be borne solely by TOPOTARGET, and TOPOTARGET shall be entitled to retain any award or compensation (including the fair market value of non-monetary compensation) paid by Third Parties as a result of any such action.

  • Cost of Enforcement In the event either party commences a judicial action to enforce the provision of this Agreement, the prevailing party in such action shall be entitled to recover, in addition to such other amounts as may be permitted by law, all costs and expenses incurred by it in the prosecution of defense of such action, including reasonable attorneys’ fees.

  • Non-Judicial Enforcement The Administrative Agent may enforce its rights hereunder without prior judicial process or judicial hearing, and to the extent permitted by law, each Grantor expressly waives any and all legal rights which might otherwise require the Administrative Agent to enforce its rights by judicial process.

  • Severability; Enforcement If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

  • Expenses of Enforcement The Account Holder and, as the case may be, every Cardmember shall indemnify the Bank in respect of any and all reasonable expenses properly incurred by the Bank in enforcing or attempting to enforce this Agreement including all reasonable legal fees, and disbursements. The Bank shall, on request, provide the Account Holder and, as the case may be, every Cardmember with a breakdown of all expenses he/she is liable to pay under this Clause 26.

  • Compliance and Enforcement 1. These provisions address the additional contractual remedies available to the Airport Board as a result of the Contractor’s failure to comply with the obligations set forth in the M/WBE Program Policy and Administrative Procedures. The contractual remedies set forth are also applicable to the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to the Contractor’s failure to comply with other obligations under the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelatedbreaches. 2. The Contractor must attend and participate in onboarding, progress, non- compliance meetings and site visits upon request. The Contractor must forward all necessary documents and information during the course of performance and to close out the Contract and must cooperate with BDDD in providing any information, including the final accounting for M/WBE participation on the Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by M/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding Contractor’s compliance with the Program requirements. If BDDD determines that an investigation is warranted, the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and Contractor’s compliance with the Program requirements. 4. The failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements will constitute a material breach of the Contract entitling the Airport Board or its representatives to exercise any remedy available in this Contract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. Any suspected false, fraudulent or dishonest conduct relating to the Contractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Contractor is in breach of any of the Program requirements, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this Contract or at law or in equity: a. withholding funds payable under this Contract, including, but not limited to, funds payable for work self-performed by the Contractor or applicable retainage; b. temporarily suspending, at no cost to DFW, Contractor’s performance under the Agreement/Contract; c. termination of the Agreement/Contract; d. suspension/debarment of Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of Contract. 7. With respect to a firm not meeting a goal on a previous contract or the underutilization of an M/WBE (or SBEs, if applicable) on a previous contract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal received that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 8. With respect to M/WBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment.

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