Enforcement decisions Clause Samples

Enforcement decisions. In the case of fixed penalty notices, the issuing of notices and subsequent enforcement action will be undertaken by the lead delivery council. The income from fixed penalty notices will be collected by the lead delivery council. The relevant local council will be informed of any fixed penalty notices issued. The lead delivery council will provide advice to the councils where it is considered that further enforcement action is required within their council areas. Data sharing agreements between the cluster leads will allow for data on these activities to be shared between the cluster leads and the Council area within which the HMO is located. In the event that a Service Provider solicitor is unavailable during non-working hours, and a technical officer considers that there is an emergency, s/he may revoke a licence, subject to having the necessary authorisation under the relevant Council’s scheme of delegation. The decision to take legal action will lie with individual councils. Prosecutions that may be required will be managed collaboratively between the lead delivery council and the relevant local council. The legal process will be undertaken in the council area within which that the offence took place. The lead delivery council will provide resources (ie legal support and officers for court attendance) should prosecutions be undertaken, but the responsibility for the decision and initiation of such court action will rest with the respective local council. A SLA regarding Legal support and functions is the subject to a separate and specific agreement between the councils and Belfast City Council, as the lead provider of legal services to the scheme.
View SourceView Similar (4)
Enforcement decisions. All decisions pertaining to enforcement action in relation to prosecutions within the Causeway Coasts and Glens BC and Antrim and Newtownabbey BC will be signed off by the Designated Officer from which ever Council area the offence took place in line with the Councils Generic Enforcement Policy and Animal Welfare Enforcement Guidelines. Currently Prosecutions within Mid and East Antrim BC require Council approval.
View SourceView Similar (3)
Enforcement decisions. (a) If either of the Majority Super Senior Creditors or the Senior Secured Required Holders (in each case acting through their Agents) wish to instruct the Security Agent to commence enforcement of any Transaction Security, such group of Creditors must deliver a copy of the proposed instructions as to such enforcement (the “Proposed Enforcement Instructions”) to the Security Agent and the Agent for each of the Super Senior Creditors and the Notes Trustee (as appropriate). The Security Agent shall promptly notify each of the Agents of the Super Senior Creditors and the Notes Trustee upon receipt of such Proposed Enforcement Instructions. (b) Prior to the Super Senior Discharge Date and subject to paragraphs (c), (d) and (e) below, if the Security Agent has received any Proposed Enforcement Instructions, it shall either enforce or refrain from enforcing the Transaction Security in accordance with the instructions of the Senior Secured Required Holders (and the Senior Secured Required Holders shall be the Instructing Group for the purposes of Clause ‎11.2 (Enforcement instructions) and any such instructions by such Instructing Group will be in accordance with the Security Enforcement Principles and in each case, acting through their respective Agents) provided that failure to give instructions will be deemed to be an instruction not to enforce the Transaction Security. (c) In the event that: (i) from the date that is three (3) months after the date upon which the first Proposed Enforcement Instructions (including such instructions not to enforce the Transaction Security) are delivered, the Senior Secured Required Holders have not taken any Relevant Enforcement Action of the Transaction Security; or (ii) the Super Senior Liabilities have not been fully discharged in cash within six (6) months of the date upon which the first such Proposed Enforcement Instructions (including any such instructions not to enforce the Transaction Security) are delivered, then (with effect from the date of the earlier to occur of such events), the Majority Super Senior Creditors shall become the Instructing Group for the purposes of Clause ‎11.2 (Enforcement Instructions). (d) If at any time the Security Agent has not taken any Relevant Enforcement Action of the Transaction Security notwithstanding the Transaction Security having become enforceable in accordance with its terms, an Agent acting on behalf of the Majority Super Senior Creditors or the Senior Secured Required Holders, ...
View SourceView Similar (2)

Related to Enforcement decisions

  • Enforcement Actions Each of Moriah and the Notes Collateral Agent agrees not to commence or take any Enforcement Action until an Enforcement Notice has been given by such Enforcing Party to the other Party. Subject to the foregoing, Moriah and the Notes Collateral Agent agree that during an Enforcement Period: (a) Moriah may, at its option, take and continue any Enforcement Action with respect to Moriah Senior Collateral and realize thereon, without the prior written consent of the Notes Collateral Agent, provided that during any Enforcement Period with respect to the Noteholder Senior Collateral, Moriah shall not commence or take any Enforcement Action or realize upon the Noteholder Senior Collateral without the Notes Collateral Agent's prior written consent. (b) Subject to the standstill period described in Section 2.3(e) below, the Notes Collateral Agent may, at its option, take and continue any Enforcement Action with respect to the Noteholder Senior Collateral and realize thereon without the prior written consent of Moriah, provided that during any Enforcement Period with respect to the Moriah Senior Collateral, the Notes Collateral Agent shall not commence or take any Enforcement Action or realize upon any of the Moriah Senior Collateral without Moriah's prior written consent. In furtherance and not in limitation of the foregoing, during an Enforcement Period, the Notes Collateral Agent shall not take any action to enforce its rights under the Lockbox Agreement, whether pursuant to Section 2 thereof or otherwise. (c) If both Moriah and the Notes Collateral Agent elect to proceed with Enforcement Actions, then each shall proceed with the Enforcement Action of any security interests in or liens on any Collateral in which it has a senior lien or security interest, as described in and provided by Section 2.1, without prejudice to the other Party to join in any proceedings. (d) Each Enforcing Party shall so notify the other Party at such time as the Enforcing Party's Claim is Paid in Full. (e) Notwithstanding anything herein to the contrary, but subject to the proviso at the end of this paragraph, the Notes Collateral Agent agrees that, during the first five (5) days of an Enforcement Period (the “Standstill Period”), it shall not take any action to realize on the Noteholder Senior Collateral, so as not to impair the collection by Moriah of Borrower’s outstanding accounts receivable during that period; provided, however, that the Notes Collateral Agent shall be entitled to take such action as it deems necessary in its sole discretion to (i) protect its secured position during the Standstill Period, (ii) protect its interest from claims or liens of third parties or governmental authorities, or (iii) preserve the Noteholder Senior Collateral from deterioration or diminishment.

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement Proceedings A distress, attachment, execution or other legal process is levied, enforced or sued out on or against the assets of the Borrower and is not discharged or stayed within 14 Business Days.

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of Patents As between the Parties, (i) Prosecuting Party pursuant to 6.2.2 shall have the first right, but not the obligation, to prosecute any Infringement with respect to the Exclusive Licensed Patents including as a defense or counterclaim in connection with any Third Party Infringement Claim, at Prosecuting Party’s sole cost and expense, using counsel of Prosecuting Party’s choice and (ii) MedImmune shall have the sole right, but not the obligation, to prosecute Infringement with respect to the Non-Exclusive Licensed Technology, including as a defense or counterclaim in connection with any Third Party Infringement Claim, at MedImmune’s sole cost and expense, using counsel of its choice. For purposes of this Section 6.3, the Party prosecuting any Infringement pursuant to the foregoing sentence with respect to a Patent shall be the “Enforcing Party.” In the event MedImmune prosecutes any such Infringement in the Field in the Territory, Licensee shall have the right to join as a party to such claim, suit or proceeding and participate with its own counsel at its sole cost and expense; provided that MedImmune shall retain control of the prosecution of such claim, suit or proceeding, including the response to any defense or defense of any counterclaim raised in connection therewith. In the event Licensee prosecutes any such Infringement in the Field in the Territory, MedImmune shall have the right to join as a party to such claim, suit or proceeding and participate with its own counsel at its sole cost and expense; provided that Licensee shall retain control of the prosecution of such claim, suit or proceeding, including the response to any defense or defense of any counterclaim raised in connection therewith. If the Enforcing Party or its designee does not take commercially reasonable steps to prosecute an Infringement in the Field (x) within [***] days following the first notice provided above with respect to such Infringement or (y) provided such date occurs after the first such notice of such Infringement is provided, [***] Business Days before the time limit, if any, set out in appropriate laws and regulations for filing of such actions, whichever comes first, then (1) the Enforcing Party shall so notify the non-Enforcing Party and (2) subject to any rights of any Third Parties under any In-License Agreements (or other applicable Third Party agreements existing as of the Effective Date) and upon the Enforcing Party’s written consent (such consent not to be unreasonably withheld, conditioned or delayed), the non-Enforcing may prosecute such alleged or threatened infringement in the Field at its sole cost and expense, whereupon the non-Enforcing Party shall be deemed the Enforcing Party with respect to such Infringement.