Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 8 contracts
Samples: Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 6 contracts
Samples: Sector Agreement, Sector Agreement, Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 22 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 23 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 24 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 25 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 26 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 27 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 28 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 29 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 30 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 31 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 1 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 2 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 5 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 12 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 13 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 14 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 15 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 16 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 17 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 18 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 19 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 20 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 21 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 22 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 23 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 4 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 10 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 11 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 12 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 13 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 14 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 15 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 16 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 17 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 18 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 19 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 20 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 21 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 3 contracts
Samples: Sector Agreement, Sector Agreement, Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 22 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 23 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 24 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 25 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 26 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 27 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 28 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 29 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 30 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 31 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 1 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 2 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 3 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 15 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 16 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 17 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 18 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 19 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 20 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 21 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 22 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 23 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 24 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 25 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 26 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 2 contracts
Samples: Sector Agreement, Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 18 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 19 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 20 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 21 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 22 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 23 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 24 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 25 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 26 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 27 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 28 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 29 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 13 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 14 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 15 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 16 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 17 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 18 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 19 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 20 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 21 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 22 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 23 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 24 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 2 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 10 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 11 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 12 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 13 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 14 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 15 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 16 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 17 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 18 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 19 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 20 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 21 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 11 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 12 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 13 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 14 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 15 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 16 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 17 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 18 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 19 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 20 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 21 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 22 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 2 contracts
Samples: Sector Agreement, Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 7 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 8 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 9 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 10 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 11 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 12 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 13 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 14 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 15 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 16 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 17 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 18 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 26 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 27 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 28 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 29 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 30 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 31 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 1 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 2 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 3 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 4 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 5 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 6 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 15 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 16 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 17 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 18 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 19 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 20 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 21 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 22 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 23 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 24 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 25 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 26 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 4 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 5 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 6 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 7 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 8 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 9 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 10 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 11 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 12 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 13 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 14 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 15 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 5 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 6 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 7 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 8 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 9 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 10 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 11 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 12 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 13 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 14 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 15 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 16 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 9 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 10 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 11 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 12 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 13 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 14 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 15 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 16 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 17 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 18 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 19 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 20 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 21 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 22 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 23 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 24 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 25 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 26 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 27 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 28 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 29 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 30 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 31 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 1 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 19 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 20 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 21 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 22 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 23 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 24 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 25 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes 26 the 24 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of 27 expulsion, 25 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless 28 the expelled 26 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay 29 fees that were 27 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees 30 related to an 28 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notifyThe
Appears in 1 contract
Samples: Sector Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 19 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 20 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 21 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 22 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 23 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 24 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 25 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 26 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 27 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 28 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 29 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 30 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 2 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 3 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 4 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 5 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 6 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 7 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 8 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 9 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 10 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 11 Member is re‐admittedre-admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 12 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 13 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 7 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 8 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 9 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 10 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 perpetrating a 11 fishery regulation violation that exposes Sector Members to joint liability for such 22 violation. A Member 12 shall be immediately and automatically expelled from the Sector if such Member 23 ceases to be eligible to 13 participate in the Sector or if such Member engages in conduct that exposes the 24 Sector or other Sector Xxxxxx 00 Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 the expelled Member 15 shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 Member is re‐admitted. 16 Expulsion shall not relieve a Member of the obligation to pay fees that were 27 levied prior to the date of 17 expulsion, or to pay liquidated damages and costs and fees related to an 28 action or omission by the expelled 18 Member that preceded the date of expulsion. The Sector shall notifynotify NMFS immediately upon a Xxxxxx
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 21 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 22 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 23 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 24 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 25 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 26 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 27 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 28 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 29 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 30 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 31 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 1 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 11 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 12 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 13 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 14 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 15 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 16 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 17 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 18 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 19 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 20 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 21 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 22 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 25 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 26 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 27 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 28 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 29 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 30 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 31 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 1 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 2 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 3 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 4 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 5 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Expulsion. A Member may be expelled from the Sector at any time for: (i) a knowing, 17 9 willful breach of this Agreement; (ii) any alleged breach of this Agreement that is either not appealed 18 10 pursuant to Section 10.8, or is upheld by the Enforcement Committee after being appealed, and which 19 11 such Member fails to cure through voluntary compliance approved by the Enforcement Committee 20 12 pursuant to Section 10.9, or by paying liquidated damages in accordance with Section 10.10; (iii) 21 13 perpetrating a fishery regulation violation that exposes Sector Members to joint liability for such 22 14 violation. A Member shall be immediately and automatically expelled from the Sector if such Member 23 15 ceases to be eligible to participate in the Sector or if such Member engages in conduct that exposes the 24 16 Sector or other Sector Members to antitrust or unfair trade practice liability. As of the date of expulsion, 25 17 the expelled Member shall lose all rights to harvest any portion of the Sector’s ACE unless the expelled 26 18 Member is re‐admitted. Expulsion shall not relieve a Member of the obligation to pay fees that were 27 19 levied prior to the date of expulsion, or to pay liquidated damages and costs and fees related to an 28 20 action or omission by the expelled Member that preceded the date of expulsion. The Sector shall notify
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement