Enforcement Response Clause Samples

Enforcement Response. 9.2.1 Within 12 months of the Effective Date, the Parties will jointly develop an enforcement response protocol consisting of mutually agreed upon procedures and practices. This protocol will be followed prior to any intervention by a peace officer relating to any activity engaged in by ▇▇▇▇▇▇ ▇’▇ ▇▇▇▇▇▇▇▇▇▇ in situations where there is any doubt as to whether the activity is being carried out pursuant to an Aboriginal or treaty right.
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Enforcement Response. The lead enforcement agency shall determine, based on its authority, the appropriate enforcement response taking into consideration any views provided by the other agency. An appropriate enforcement response may include an administrative order, administrative penalty complaint, a civil or criminal judicial referral or other appropriate formal enforcement response.
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Enforcement Response. The CWA §309 requires the EPA, or NPDES Program delegated states, to respond to unpermitted discharges, violations of the CWA and NPDES violations (including, but not limited to pretreatment standards and requirements, compliance schedules, effluent limits and reporting requirements and all other permit conditions) by initiating appropriate enforcement action(s). The TNRCC shall hold primary responsibility for these activities in Texas except for those facilities detailed in Section III.C.6. of this MOA when it assumes administration of the TPDES Program. Enforcement response involves a series of actions, starting with the initial reaction to the identification of a violation and ending with the permittee's return to full compliance and formal close out of any enforcement action taken. 1. The TNRCC shall use, as stated in the CPM and EG, pre-enforcement procedures that are consistent with the principles in the EPA's National EMS and NPDES oversight criteria including the Violations Review Action Criteria (VRAC) and the Enforcement Response Guide. The procedures shall include: a. application of VRAC for screening Discharge Monitoring Report (DMR) data and inspection findings to determine the significance of the violations; b. procedures and time frames for applying appropriate initial response options to identified violations; and c. procedures for maintaining a chronological summary of all violations. 2. The TNRCC shall screen all DMR forms from permittees to determine the level and frequency of violations and shall evaluate instances of noncompliance by all major permittees, 92-500 minor and other significant minors within thirty (30) days from the identification of a violation. The TNRCC shall determine the appropriate initial response, consistent with the CPM and EG, and document any action taken or not taken (including the technical reason). 3. The TNRCC shall maintain current enforcement procedures consistent with the EG. The procedures should set forth: a. an analytical process for determining the appropriate level of action for specific categories of violation; b. procedures for preparing and maintaining accurate and complete documentation that can be used in future formal enforcement actions; and c. the time frames for escalating enforcement responses where the noncompliance has not been resolved. 4. The TNRCC will be able to demonstrate that its enforcement procedures result in: a. appropriate initial and follow-up enforcement actions that are app...
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Related to Enforcement Response

  • Incident Response Operator shall have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of any portion of Data, including PII, and agrees to provide LEA, upon request, an executive summary of the written incident response plan.

  • Security Incident Response Upon becoming aware of a Security Incident, MailChimp shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.

  • 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.

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.