Enforcement and Compliance. 1. Should the Wind Company discover any conduct in violation of the provisions of this Code of Conduct Agreement, the Wind Company shall promptly disclose such information to the NYAG. The Wind Company shall fully cooperate with the NYAG in any investigation arising out of such violation.
2. With respect to any complaint received by the NYAG, the NYAG shall advise the Wind Company of the complaint and give the Wind Company a reasonable opportunity to submit to the NYAG information relevant to the complaint. After providing such opportunity, the NYAG shall make a written determination, based on a reasonable investigation, including any information provided by the Wind Company, whether a preponderance of the evidence establishes that the Wind Company has violated this Code of Conduct Agreement in any material respect. In the event that a violation of any provision set forth in this Code of Conduct Agreement is found, the Wind Company may be subject to penalties of up to $50,000 for the first violation and up to $100,000 for any subsequent violation. In establishing a penalty amount under this Code of Conduct Agreement, the NYAG shall consider the relative severity of, and the relative harm to public integrity occasioned by, such violation and shall provide written findings in support of such conclusions. Any payment shall be made by certified check made payable to the “State of New York.” The Wind Company shall have the right to challenge in court the NYAG’s finding of a violation of this Code of Conduct Agreement and determination of the penalty amount, on the grounds that such determinations are not supported by a preponderance of the evidence. The Wind Company shall pay any assessed penalties to a reserve fund of the State of New York pending the resolution of any such court challenge. In the event that the NYAG’s determination is overturned upon judicial review, the penalty payment (including any interest accrued) shall be returned to the Wind Company.
3. The Code of Conduct Agreement shall be applicable during all phases of wind farm development including preliminary scoping, siting, approval and construction, and shall automatically terminate one year after project completion. A project will be deemed completed when the wind farm development project is fully operational. If the Wind Company proposes any future capacity increases for the wind farm development project, then the Wind Company shall reanimate and update the previously signed Code of Conduct...
Enforcement and Compliance. Government will circulate a plan on readiness for enforcement, compliance and processing exemptions. This plan will include details on the publicity and information campaign, which shall include the social partners. Once the law comes into effect, the inspection, enforcement and compliance become effective immediately. Education is an integral part of enforcement.
Enforcement and Compliance. During the Term, Parent shall, and shall cause the applicable Company Entities to, use commercially reasonable efforts to (a) consummate the transactions contemplated by [the][any] Disposition Agreement, (b) comply in all material respects with their respective covenants, obligations and agreements under [the][any] Disposition Agreement, and (c) enforce such Company Entity’s rights under [the][each] Disposition Agreement and exercise such rights and remedies available with respect thereto, whether under [the][such] Disposition Agreement or by operation of applicable law; provided that Parent shall not be obligated to incur any costs or expenses in connection with its obligations under this Section 4.06 which costs or expenses are not reasonably expected by Parent, in its reasonable discretion, to be offset in full by Gross Proceeds to be received during the Term.
Enforcement and Compliance. The Agencies will work to ensure that all inspections and enforcement actions regarding Program participants are coordinated. EPA retains its right to bring enforcement actions but will not increase scrutiny of a company on the sole basis that it is a Program participant. XXXXX will inform EPA immediately upon discovering through an inspection of a participant, or self- disclosure, of a non-compliance situation and will convey how the participant and XXXXX propose to address the situation. VADEQ will keep EPA informed throughout the course of any compliance schedule negotiated with a Program participant. EEAs will be modified to incorporate compliance schedules and any new commitments. In cases involving issues where other State, local or federal agencies may have authorities affected by a Program application, the Agencies recognize that the Program may be enhanced by the involvement of these agencies and agree to coordinate as necessary. In cases where such involvement is requested, VADEQ will serve as the primary contact for state and local agencies. These additional agencies may directly participate in discussions with EPA and VADEQ. EPA will serve as the primary contact for other federal agencies. The Agencies agree to the following enforcement and compliance principles in addressing facilities participating in the Program:
Enforcement and Compliance. Who will enforce the requirement of having a written agreement before touring a home? A: MLS will be enforcing the requirement of having a written agreement. If a dispute arises out of the agreement, please seek guidance from your Managing Broker.
Enforcement and Compliance. 1. The OAG shall establish the above-referenced Task Force to monitor compliance with this Code of Conduct Agreement. The Task Force shall include, among others, local elected officials, including the District Attorneys of Franklin, Monroe and Wyoming Counties, and a representative from each of the following: the New York State Association of Counties, the Association of Towns of the State of New York, and a not- for-profit association representing the Wind Industry (such as, but not limited to, Alliance for Clean Energy New York or American Wind Energy Association). The representative from the not-for-profit association representing the Wind Industry shall be chosen by the OAG from a list of up to four individuals nominated by the Wind Companies who are signatories to this Code of Conduct Agreement. The Task Force shall also include a representative of the OAG, and one other designee of the OAG who is not a member of that office. Each Task Force member shall be asked to certify that such member can be impartial and fair in performing the duties of the Task Force. The Task Force shall report only to the OAG. The OAG shall establish responsibilities and guidelines for the Task Force and shall seek the advice and input of the Task Force members in establishing such responsibilities and guidelines.
2. For three years following the Wind Company’s agreement to this Code of Conduct Agreement or until the Wind Company ceases operations in New York State, whichever is earlier, the Wind Company shall contribute a proportional share of the reasonable administrative costs of the Task Force, in an amount to be determined by the Task Force. No Wind Company will be required to make a contribution in excess of $20,000 in any one-year period. So long as this Code of Conduct Agreement is in effect, the Wind Company shall fully cooperate with the Task Force. Nothing in this Agreement, however, shall mandate the disclosure of privileged information.
3. Should the Wind Company discover any conduct in violation of the provisions of this Code of Conduct Agreement, the Wind Company shall promptly disclose such information to the OAG. The Wind Company shall fully cooperate with the OAG in any investigation arising out of such violation.
4. The Task Force shall promptly give notice of any complaints relating to violations of this Code of Conduct Agreement to the OAG. The Task Force may refer such complaints to the OAG. The Task Force may decide not to refer such a complaint if it ...
Enforcement and Compliance. EOPE OÜ reserves the right to take appropriate legal action against anyone who, in EOPE OÜ's sole discretion, violates these Terms, including without limitation, reporting you to law enforcement authorities. We may also, at our sole discretion, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Enforcement and Compliance. Goal 5: Protecting Human Health and the Environment by Enforcing Laws and Assuring Compliance. Objective 5.1: Enforce Environmental Laws to Achieve Compliance. Pursue vigorous civil and criminal enforcement that targets the most serious water, air, and chemical hazards in communities to achieve compliance. Assure strong, consistent, and effective enforcement of federal environmental laws nationwide. Use Next Generation Compliance strategies and tools to improve compliance and reduce pollution. Sub-Objective: Maintain Enforcement Presence FTE/Work Years 26.95 Objective 3.2: Preserve Land. Conserve resources and prevent land contamination by reducing waste generation and toxicity, promoting proper management of waste and petroleum products, and increasing sustainable materials management. Sub-objective: Minimizing Releases of Hazardous Waste and Petroleum Products.
Enforcement and Compliance. The Agencies will notify each other of the results of an inspection or investigation of a Clean Utah! or NEPT facility through the coordination process described in this agreement. When a non-compliance situation is discovered, either through an inspection, investigation or through self-disclosure, notification will be made through the respective agency contact and the lead agency contact will keep the other informed on how the non- compliance issue is being addressed. IAs will be modified to incorporate compliance schedules and any new commitments, as appropriate. Existing Agency agreements regarding coordination and communication on compliance and enforcement matters shall also apply.
Enforcement and Compliance. The Commission is responsible for enforcing this MMP. The Project Applicant is responsible for the successful implementation of and compliance with the MMs identified in this MMP. This includes all field personnel and contractors working for the Applicant.
