Determination   of   Stipulated   Penalty   and   Other Requirements Sample Clauses

Determination   of   Stipulated   Penalty   and   Other Requirements. This stipulated penalty derives from Rule 5.6.2(a) and 5.6.2(f) of the Secretary of State’s Rules Concerning Lobbyist Regulation. Rule 5.6.2(a) allows the imposition of penalties. Additionally, Rule 5.6.2(f) allows remedies that are in accordance with sections 24-6-301 et seq., C.R.S., which pertain to the regulation of lobbyists. Rule 5.6.2(f) does not restrict a remedy to only those set forth in section 24-6-305, C.R.S., so long as the remedy is in accordance with section 24-6-301, C.R.S. through section 24-6-309, C.R.S. Consequently, a remedy that requires the Respondent to comply with the registration and disclosure requirements of sections 24-6-302 and 24-6-303, C.R.S. is appropriate in this matter and is consistent with the goals of transparency and openness of government under the Colorado Sunshine Law, which includes sections 24-6-301 et. eq. C.R.S. The Secretary of State’s Rules Concerning Lobbyist Regulation do not include a provision pertaining to aggravating and mitigating factors; however, whether expressly stated or not, such considerations routinely are considered when determining in an administrative proceeding the appropriate sanction for the violation of a statute or rule. There are some mitigating factors in this matter. The Respondent’s violation was not extensive. Respondent’s lobbyist activities involved only a few hours over a two-day period during the 2024 legislative session. Respondent’s focus was one House bill that did not pass. Respondent generally cooperated with the Division’s investigation, including responding timely and in good faith to two Requests for Information. Accordingly, the Division finds that a penalty of $250.00 for Respondent’s violations is appropriate, as well as requiring Respondent to register and file the disclosure statements required of a lobbyist.
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Related to Determination   of   Stipulated   Penalty   and   Other Requirements

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Compensation The Depositor shall receive at the times set forth in Sections 3.05, 3.18, 3.23 and 4.03 as compensation for performing portfolio supervisory services, bookkeeping and administrative expenses and evaluation services, such amount and for such periods as specified the Prospectus and/or Reference Trust Agreement. The compensation for providing portfolio supervisory services, bookkeeping and administrative expenses and evaluation services shall be made on the basis of the largest number of units outstanding at any time during the period for which such compensation is being computed. At no time, however, will the total amount received by the Depositor for services rendered to all series of Guggenheim Defined Portfolios in any calendar year exceed the aggregate cost to them of supplying such services in such year. Such rate may be increased by the Trustee from time to time, without the consent or approval of any Unitholder, or the Depositor, by amounts not exceeding the proportionate increase during the period from the date of such Prospectus and/or Reference Trust Agreement to the date of any such increase, in consumer prices as published either under the classification "All Services Less Rent" in the Consumer Price Index published by the United States Department of Labor or, IF such Index is no longer published, a similar index. In the event that any amount of the compensation paid to the Depositor pursuant to Sections 3.05, 3.18 and 3.23 and 4.03 is found to be an improper charge against a Trust, the Depositor shall reimburse the Trust in such amount. An improper charge shall be established if a final judgment or order for reimbursement of the Trust shall be rendered against the Depositor and such judgment or order shall not be effectively stayed or a final settlement is established in which the Depositor agrees to reimburse the Trust for amounts paid to the Depositor pursuant to this Section 7.05.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Headings The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

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