Common use of Joint and Several Liability and Indemnification Clause in Contracts

Joint and Several Liability and Indemnification. Each member acknowledges that the sector’s 4 members may be held jointly liable for ACE overages, discarding of legal-sized fish and 5 misreporting of catch landings or discards. Further, each member acknowledges that should a the 6 total allowable catch allocated to the sector be exceeded in a given fishing year, the sector’s 7 allocation will be reduced by the overage in the following fishing year, and the sector, each vessel 8 participating in the sector and each vessel operator and/or vessel owner participating in the sector 9 may be charged, as a result of said overages, jointly and severally for civil penalties and permit 10 sanctions pursuant to 15 C.F.R. Part 904, and that if the sector exceeds its total allowable catch in 11 more than one fishing year, the sector’s ACE may be permanently reduced or the sector’s 12 authorization to operate may be withdrawn.

Joint and Several Liability and Indemnification. Each member acknowledges that the sector’s 4 29 members may be held jointly liable for ACE overages, discarding of legal-sized fish and 5 30 misreporting of catch landings or discards. Further, each member acknowledges that should a the 6 31 total allowable catch allocated to the sector be exceeded in a given fishing year, the sector’s 7 32 allocation will be reduced by the overage in the following fishing year, and the sector, each vessel 8 33 participating in the sector and each vessel operator and/or vessel owner participating in the sector 9 34 may be charged, as a result of said overages, jointly and severally for civil penalties and permit 10 35 sanctions pursuant to 15 C.F.R. Part 904, and that if the sector exceeds its total allowable catch in 11 36 more than one fishing year, the sector’s ACE may be permanently reduced or the sector’s 12 37 authorization to operate may be withdrawn.