Common use of Length of Commitment Clause in Contracts

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan; provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [5] years following the date of such departure from the Sector as 16 determined by the Board. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector.

Length of Commitment. 23 Each Member hereby agrees to cause each of its 2 Permits and the any related Participating Vessels to 24 remain enrolled in the Sector at for the beginning of the entire fishing 3 year following the date on which such Member 25 enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not 26 approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any 27 fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under 28 this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s 29 Operation Plan and Agreement shall have received approval from NMFS. Each Member further 30 agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such 31 Member shall be subject to the 13 penalty or penalties as described on the Schedule of Penalties (as hereinafter 32 defined), ) and (ii) such 14 Member, its Permit Permit, any permit in which the Member has a business 33 interest, and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a 34 period of up to five [(5] ) years following the date of such departure from the Sector. This provision 35 should be considered exclusive to the administration of the Sector as 16 determined by the Boardand would therefore not be 36 subject to NMFS enforcement. 38 Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and 39 the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which 40 such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s 41 Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during 42 any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the SectorXxxxxx.

Length of Commitment. Each Member hereby agrees to cause each of its 2 8 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the 9 fishing 3 year following the date on which such Member enrolled in the Sector to remain 10 enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); 11 provided, however, that if the Members 6 seek to extend the terms of this Agreement 12 consistent with Article IX below and XXXXX NMFS does 7 not approve the Sector’s Operations 13 Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then 14 the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of 15 the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves 16 the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 17 2011 and beyond fails to notify the Manager of intent to leave Sector by the 12 December September 1 18 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 19 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and 20 (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to 21 participate in the 15 Sector for a period of up to five [5] years following the date of such 22 departure from the Sector as 16 determined by the Board. Each Member acknowledges and 23 agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related 24 Participating Vessels must remain in the Sector 18 for the entire fishing year in which such 25 Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s 26 Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program 27 during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in 28 the Sector.

Length of Commitment. Each Member hereby agrees to cause each of its 2 7 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the 8 fishing 3 year following the date on which such Member enrolled in the Sector to remain 9 enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); 10 provided, however, that if the Members 6 seek to extend the terms of this Agreement 11 consistent with Article IX below and XXXXX NMFS does 7 not approve the Sector’s Operations 12 Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then 13 the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of 14 the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves 15 the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 16 2014 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 17 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 18 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and 19 (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to 20 participate in the 15 Sector for a period of up to five [5] years following the date of such 21 departure from the Sector as 16 determined by the Board. Each Member acknowledges and 22 agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related 23 Participating Vessels must remain in the Sector 18 for the entire fishing year in which such 24 Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s 25 Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program 26 during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in 27 the Sector.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the any related Participating Vessels to remain enrolled in the Sector at for the beginning of the entire fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s Operation Plan and Agreement shall have received approval from NMFS. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties as described on the Schedule of Penalties (as hereinafter defined), ) and (ii) such 14 Member, its Permit Permit, any permit in which the Member has a business interest, and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [(5] ) years following the date of such departure from the Sector as 16 determined by the BoardSector. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector. Notwithstanding the foregoing requirements, a Member that executes this Agreement prior to the time the final Annual Catch Entitlement (“ACE”) is provided to the Sector by NMFS, may terminate the Agreement without penalty within fourteen (14) days of the initial ACE has been promulgated by NMFS and/or the Council.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels to remain enrolled in the Sector at the beginning for a period of the three full fishing 3 year years following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s Operation Plan and Agreement shall have received approval from NMFS. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), ) and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [(5] ) years following the date of such departure from the Sector as 16 determined by the BoardSector. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector. Notwithstanding anything to the contrary in this Section 2.03, no Member shall be prohibited from making a substitution of an enrolled Permit or Participating Vessel pursuant to Section 2.07 hereof.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 2020 under this two year operations plan; provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX GARFO does 7 not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 2019 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [5] years following the date of such departure from the Sector as 16 determined by the Board. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 Xxxxxx 00 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the SectorXxxxxx.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels to remain enrolled in the Sector at for the beginning of the entire fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s Operation Plan and Agreement shall have received approval from NMFS. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), ) and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [(5] ) years following the date of such departure from the Sector as 16 determined by the BoardSector. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector. Notwithstanding anything to the contrary in this Section 2.03, no Member shall be prohibited from making a substitution of an enrolled Permit or Participating Vessel pursuant to Section 2.07 hereof.

Length of Commitment. 25 Each Member hereby agrees to cause each of its 2 Permits and the any related Participating Vessels to 26 remain enrolled in the Sector at for the beginning of the entire fishing 3 year following the date on which such Member 27 enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not 28 approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any 29 fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under 30 this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s 31 Operation Plan and Agreement shall have received approval from NMFS. Each Member further 32 agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such 33 Member shall be subject to the 13 penalty or penalties as described on the Schedule of Penalties (as hereinafter 34 defined), ) and (ii) such 14 Member, its Permit Permit, any permit in which the Member has a business 35 interest, and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a 36 period of up to five [(5] ) years following the date of such departure from the Sector. This provision 37 should be considered exclusive to the administration of the Sector as 16 determined by the Boardand would therefore not be 38 subject to NMFS enforcement. 40 Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and 41 the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which 42 such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s 43 Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during 44 any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 2018 under this two year operations plan; provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX GARFO does 7 not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 2017 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [5] years following the date of such departure from the Sector as 16 determined by the Board. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 Xxxxxx 00 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the SectorXxxxxx.

Length of Commitment. Each Member hereby agrees to cause each of its 2 Permits and the related Participating Vessels enrolled in the Sector at the beginning of the fishing 3 year following the date on which such Member enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 2016 under this two year operations plan; provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX NMFS does not 7 not approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent fishing year, then the obligation of such Member under this Section 2.03 shall 9 terminate on the last day of the existing Commitment Period. Each Member further agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 2015 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such Member shall be subject to the 13 penalty or penalties described on the Schedule of Penalties (as hereinafter defined), and (ii) such 14 Member, its Permit and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a period of up to five [5] years following the date of such departure from the Sector as 16 determined by the Board. Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and the related Participating Vessels must remain in the Sector 18 Xxxxxx 00 for the entire fishing year in which such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the SectorXxxxxx.

Length of Commitment. 23 Each Member hereby agrees to cause each of its 2 Permits and the any related Participating Vessels to 24 remain enrolled in the Sector at for the beginning of the entire fishing 3 year following the date on which such Member 25 enrolled in the Sector to remain enrolled in the 4 Sector for that entire (one) fishing year (the “Commitment Period”) with the option to enroll for 5 fishing year 2022 under this two year operations plan); provided, however, that if the Members 6 seek to extend the terms of this Agreement consistent with Article IX below and XXXXX does 7 NMFS shall not 26 approve the Sector’s Operations Plan and Agreement, as the same may be amended, for the 8 subsequent any 27 fishing yearyear during a Member’s Commitment Period, then the obligation of such Member under 28 this Section 2.03 shall 9 terminate on the last day of the existing Commitment Periodlast fishing year for which the Sector’s 29 Operation Plan and Agreement shall have received approval from NMFS. Each Member further 30 agrees that if 10 its Permit leaves the Sector for any reason during the Commitment Period, or beginning for 11 fishing years 2021 and beyond fails to notify the Manager of intent to leave Sector by the 12 December 1 preceding the start of the next fishing year, (i) such 31 Member shall be subject to the 13 penalty or penalties as described on the Schedule of Penalties (as hereinafter 32 defined), ) and (ii) such 14 Member, its Permit Permit, any permit in which the Member has a business 33 interest, and the related Participating Vessel shall be ineligible to participate in the 15 Sector for a 34 period of up to five [(5] ) years following the date of such departure from the Sector. This provision 35 should be considered exclusive to the administration of the Sector as 16 determined by the Boardand would therefore not be 36 subject to NMFS enforcement. 38 Each Member acknowledges and agrees that 50 CFR Part 648.87 17 requires that each of its Permits and 39 the related Participating Vessels must remain in the Sector 18 for the entire fishing year in which 40 such Permits and/or Participating Vessels are enrolled in the 19 Sector, and that each Member’s 41 Participating Vessels may not fish outside the Sector under a 20 multispecies DAS program during 42 any fishing year in which its Permits and/or Participating 21 Vessels are enrolled in the Sector.