ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement or the deed restrictions and covenants by which it holds title to the Conservation Easement, or in the event of dissolution of the Cooperating Entity, the DSA may exercise, in its sole discretion, any of the following remedies following written notice and thirty (30) days opportunity for the Cooperating Entity to cure the default:
(a) any of the remedies or rights set forth in the Cooperating Entity’s deed to the Conservation Easement;
(b) the right to require specific performance on the part of the Cooperating Entity;
(c) the right to a return of the State’s share of proceeds as defined in Section H (iv); and
(d) any other rights or remedies available at law or in equity including, but not limited to, the right to require that the Cooperating Entity perform remedial work and transfer title to the Conservation Easement to the DSA or a successor designated by the DSA under such terms and conditions as the court may require. In the event that the DSA exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DSA for its costs of enforcement and collection, including reasonable attorney fees. In addition to the foregoing remedies, it is understood and agreed that the Project creates a public charitable trust entitled to all the protections thereof under state law.
ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement or the Conservation Easement, or in the event of dissolution of the Cooperating Entity, the DSA may exercise, in its sole discretion, any of the following remedies following written notice and thirty (30) days opportunity for the Cooperating Entity to cure the default:
(a) any of the remedies or rights set forth in the Conservation Easement;
(b) the right to require specific performance on the part of the Cooperating Entity;
(c) the right to a return of the State’s share of proceeds as defined in Section H(iv); and
(d) any other rights or remedies available at law or in equity including, but not limited to, the right to require that the Cooperating Entity perform remedial work and transfer the Conservation Easement to the DSA or a successor designated by the DSA under such terms and conditions as the court may require. In the event that the DSA exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DSA for its costs of enforcement and collection, including reasonable attorneys’ fees. In addition to the foregoing remedies, it is understood and agreed that the Project creates a public charitable TRUST entitled to all the protections thereof under state law.
ENFORCEMENT ALTERNATIVES. 1. Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion in deciding appropriate action. Officers shall use the least coercive and most reasonable alternative, consistent with preserving public safety, order and individual liberty.
2. Whenever reasonable and possible, an officer will request a summons for a juvenile rather than taking him/her into custody.
3. Alternatives available include the following:
a. Release with no further action or following informal counseling when no arrest has been made. Officers may also turn the juvenile over to his/her parent or guardian when appropriate;
b. Informal referral to an appropriate community social service agency;
c. Limited custody and station house warning. The juvenile shall be held in non-secure custody until released to his/her parent(s) or guardian;
d. Issue a citation or applying for a summons or complaint; and
e. Arrest when appropriate and authorized.
4. Criteria When Choosing an Alternative
a. In considering a course of action, the officer shall consider the nature of the offense, the age of the juvenile, the juvenile’s prior contacts with the police, the availability of community-based rehabilitation programs, and, in some cases, the recommendation of the complainant or victim.
ENFORCEMENT ALTERNATIVES. In the event that the Cooperating Entity does not meet one or more of its obligations under this Agreement, or in the event of dissolution of the Cooperating Entity, the DEP may exercise, in its sole discretion, all rights and remedies available at law or in equity. In the event that the DEP exercises any of the rights available to it upon default of the Cooperating Entity, the Cooperating Entity shall reimburse the DEP for its costs of enforcement and collection, including reasonable attorney fees.
