Failure to Complete the ECA Sample Clauses

Failure to Complete the ECA. If the ECA is not fully implemented by the ECA Completion Deadlines required by this Stipulated Order and an extension has not been granted by the Central Valley Water Board’s Executive Officer pursuant to Paragraph 38 above, the designated Central Valley Water Board contact shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Liability to the State Water Pollution Cleanup and Abatement Account.
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Failure to Complete the ECA. If the ECA is not fully implemented by the ECA Completion Date, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Settling Respondent shall be liable to pay the entire ECA Amount, or, if shown by the Settling Respondent, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing, or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the ECA prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Settling Respondent to pay, the Settling Respondent shall submit payment to the State Water Pollution Cleanup and Abatement Account consistent with the payment method described in paragraph 9.b.i. Payment of the assessed amount shall satisfy the Settling Respondent’s obligations to implement the ECA.
Failure to Complete the ECA. If the ECA is not fully implemented as described in Attachment B and required by this Order by the Completion Date, the San Diego Water Board shall issue a Notice of Violation. As a consequence, the Discharger shall be liable to pay the entire Suspended Liability, or some portion thereof.
Failure to Complete the ECA. If the ECA is not fully implemented by the ECA Completion Date required by this Stipulation or there has been a material failure to satisfy a Milestone Requirement set forth in Attachment B, Regional Water Board staff shall issue a “Notice of Violation.” As a consequence, Settling Respondent shall be liable to pay the entire suspended Administrative Civil Liability or some portion thereof less the value of the completion of any Milestone Requirement. Unless otherwise ordered, Settling Respondent shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the ECA prior to the date of the Notice of Violation by the Regional Water Board. The amount of the suspended liability owed shall be determined by the Regional Water Board’s Executive Officer or the Executive Officer’s delegate. Upon notification of the amount assessed for failure to fully implement the ECA, the amount assessed shall be paid within 30 days. Payment shall be made to the State Water Pollution Cleanup and Abatement Account in accordance with the procedures set forth in Paragraph 8 of Section III herein. In addition, Settling Respondent shall be liable for the Regional Water Board’s reasonable costs of enforcement, including but not limited to legal costs and expert witness fees. Payment of the assessed amount will satisfy Settling Respondent’s obligations to implement the ECA.

Related to Failure to Complete the ECA

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer thirty (30) days written notice of the failure or default, then in each such case:

  • Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, Xxxxxx and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction.

  • Provide Data In Compliance With Laws LEA shall provide data for the purposes of the DPA in compliance with the FERPA, PPRA, IDEA, 603 C.M.R. 23.00, 603 CMR 28.00, and Massachusetts General Law, Chapter 71, Sections 34D to 34H, and the other privacy statutes quoted in this DPA. LEA shall ensure that its annual notice under FERPA includes vendors, such as the Provider, as “School Officials.”

  • Reporting and Documenting Breaches 6.1 Business Associate shall Report to Covered Entity any Breach of Unsecured PHI as soon as it, or any Person to whom PHI is disclosed under this Agreement, becomes aware of any such Breach, and in no event later than five (5) business days after such awareness, except when a law enforcement official determines that a notification would impede a criminal investigation or cause damage to national security. Such Report shall be timely made notwithstanding the fact that little information may be known at the time of the Report and need only include such information then available.

  • Provide Data In Compliance With FERPA School Unit shall provide data for the purposes of the Service Agreement in compliance with FERPA, COPPA, PPRA, IDEA, MSIPA, and MUSER and all other Maine privacy statutes and regulations referenced or identified in this DPA.

  • ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor.

  • COMPLIANCE WITH BREACH NOTIFICATION AND DATA SECURITY LAWS Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa and State Technology Law § 208) and commencing March 21, 2020 shall also comply with General Business Law § 899-bb.

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