Common use of Disciplinary Sanctions Clause in Contracts

Disciplinary Sanctions. Breach of the Agreement, including these Policies and Procedures (as applicable), or any illegal, fraudulent, deceptive or unethical business conduct by a Business Partner may result, at Xxxxx's discretion, in one or more of the following corrective measures, which shall, when necessary, be considered as liquidated damages for a breach of the Agreement, but shall not waive Kyäni's other rights under the Agreement: 1. Issuance of a written warning or admonition; 2. Requiring the Business Partner to take immediate corrective measures; 3. Imposition of a fine, which may be withheld from bonus and commission checks; 4. Loss or suspension of rights to one or more bonus and commission checks; 5. Xxxxx may withhold from a Business Partner all or part of the Business Partner's bonuses and commissions during the period that Xxxxx is investigating any conduct that may violate the Agreement. If Xxxxx chooses to terminate the Agreement because of a breach of the Agreement by the Business Partner or a violation of applicable laws or regulations, the Business Partner will not be entitled to receive any commissions or payments that were withheld during the investigation period prior to actual termination; 6. Suspension of the Business Partner's right to purchase products and/or receive payments; 7. Termination of the Agreement; 8. Any other measure expressly allowed within any provision of the Agreement or which Xxxxx xxxxx practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Business Partner's conduct or omission; 9. The measures above do not exhaust Kyäni's rights and do not mean that Xxxxx cannot also initiate legal proceedings for monetary and/or equitable relief or take other measures permitted by the Agreement or applicable laws.

Appears in 4 contracts

Samples: Policies and Procedures, Policies and Procedures, Policies and Procedures

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Disciplinary Sanctions. Breach of the Agreement, including these Policies and Procedures (as applicable), or any illegal, fraudulent, deceptive or unethical business conduct by a Business Partner Distributor may result, at Xxxxx's discretion, in one or more of the following corrective measures, which shall, when necessary, be considered as liquidated damages for a breach of the Agreement, but shall not waive Kyäni's other rights under the Agreement: 1. Issuance of a written warning or admonition; 2. Requiring the Business Partner Distributor to take immediate corrective measures; 3. Imposition of a fine, which may be withheld from bonus and commission checks; 4. Loss or suspension of rights to one or more bonus and commission checks; 5. Xxxxx may withhold from a Business Partner Distributor all or part of the Business PartnerDistributor's bonuses and commissions during the period that Xxxxx Kyäni is investigating any conduct that may violate the Agreement. If Xxxxx chooses to terminate the Agreement because of a breach of the Agreement by the Business Partner Distributor or a violation of applicable laws or regulations, the Business Partner Distributor will not be entitled to receive any commissions or payments that were withheld during the investigation period prior to actual termination; 6. Suspension of the Business PartnerDistributor's right to purchase products and/or receive payments; 7. Termination of the Agreement; 8. Any other measure expressly allowed within any provision of the Agreement or which Xxxxx xxxxx practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Business PartnerDistributor's conduct or omission; 9. The measures above do not exhaust Kyäni's rights and do not mean that Xxxxx cannot also initiate legal proceedings for monetary and/or equitable relief or take other measures permitted by the Agreement or applicable laws.

Appears in 2 contracts

Samples: Policies and Procedures, Policies and Procedures

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