Criminal Enforcement Sample Clauses

The Criminal Enforcement clause establishes the procedures and consequences related to criminal violations associated with the agreement or its subject matter. Typically, this clause outlines the actions that may be taken if a party is found to have engaged in illegal conduct, such as fraud, bribery, or other criminal acts, and may specify the rights of the non-breaching party to terminate the agreement or seek damages. Its core practical function is to deter unlawful behavior and provide a clear framework for addressing criminal misconduct, thereby protecting the integrity of the contractual relationship.
Criminal Enforcement. 8 For the purposes of this Article, days means business days.
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Criminal Enforcement. CRIMINAL OFFENCES
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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...
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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.
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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...
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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 ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ Act (16 U.S.C. 1859).
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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 ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇, 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 promptly notify the other after becoming aware of any alleged or threatened infringement by a Third Party of any Pandion Collaboration IP Patent Right, Astellas Collaboration IP Patent Right or Joint Collaboration IP Patent Right, including any “patent certification” filed in the United States under 21 U.S.C. §355(b)(2) or 21 U.S.C. §355(j)(2) or similar provisions in other jurisdictions and of any declaratory judgment, opposition, or similar action alleging the invalidity, unenforceability or non-infringement of any Pandion Collaboration IP Patent Right, Astellas Collaboration IP Patent Right or Joint Collaboration IP Patent Right (collectively, “Infringement”). (b) Astellas shall have the first right to bring and control any legal action in connection with any Infringement at its own expense as it reasonably determines appropriate, and Pandion shall have the right to be represented in any such action by counsel of its choice. Astellas shall provide Pandion and its counsel with copies all court filings and material supporting documentation, and, at the request of Pandion, reasonable access to Astellas’ counsel for consultation, provided that, unless Pandion is joined as a party to such action, any counsel retained by Pandion shall not act as attorney of record for any such action, or conduct any legal proceedings as part of such action, unless specifically requested by Astellas and at Astellas’ expense. If Astellas decides not to bring such legal action, it shall so notify Pandion promptly in writing and Pandion shall have the right to bring and control any legal action in connection with such Infringement at its own expense as it reasonably determines appropriate after consultation with Astellas. (c) At the request of the Party bringing the action, the other Party shall provide reasonable assistance in connection therewith, including by executing reasonably appropriate documents, cooperating in discovery and joining as a party to the action if required. (d) In connection with any such proceeding, the Party bringing the action shall not enter into any settlement admitting the invalidity of, or otherwise impairing the other Party’s rights in, the Pandion Collaboration IP Patent Rights, Astellas Collaboration IP Patent Rights or Joint Collaboration IP Patent Rights without the prior written consent of the other Party. (e) Any recoveries resulting from enforcement action relating to a claim of Infringement shall be first applied against payment of each Party’s costs and expenses in connection therewith. Any such recoveries in excess of such costs and expenses (the “Remainder”) shall be split as follows: (i) if Astellas brought the enforcement action, Astellas shall receive [**] percent ([**]%) of the Remainder and Pandion shall receive [**] percent ([**]%) of the Remainder, and (ii) if Pandion brought the enforcement action, Pandion shall receive [**] percent ([**]%) of the Remainder and Astellas shall receive [**] percent ([**]%) of the Remainder.