Common use of Manager Action in Response to Apparent Breach Clause in Contracts

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the time period directed by the Manager, taking into account the magnitude of the breach and the potential consequences of the breach for the Sector and the other Members, the Manager shall notify the Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to immediately stop fishing , the sector manager may take any action he/she deems necessary including without limitation, self help or court action which may include the seeking of injunctive relief.

Appears in 20 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

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Manager Action in Response to Apparent Breach. The Manager shall 5 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 6 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 7 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 8 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 9 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 10 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 11 breach within the time period directed by the Manager, taking into account the magnitude of the 12 breach and the potential consequences of the breach for the Sector and the other Members, the 13 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 14 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 15 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 16 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 18 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 19 immediately stop fishing , the sector manager may take any action he/she deems necessary including 20 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 6 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 5 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 6 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 7 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 8 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 9 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 10 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 11 breach within the time period directed by the Manager, taking into account the magnitude of the 12 breach and the potential consequences of the breach for the Sector and the other Members, the 13 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 14 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 15 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 16 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 18 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 19 immediately stop fishing , the sector manager may take any action he/she deems necessary including 20 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 6 contracts

Samples: Sector Operations Plan and Agreement, Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 29 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 30 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 1 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 2 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 3 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 4 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 5 breach within the time period directed by the Manager, taking into account the magnitude of the 6 breach and the potential consequences of the breach for the Sector and the other Members, the 7 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 8 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 9 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 10 and cure period described above, the Manager concludes it is necessary for the protection of the 11 interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 12 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 13 immediately stop fishing , the sector manager may take any action he/she deems necessary including 14 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 3 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 28 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 29 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 30 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 1 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 2 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 3 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 4 breach within the time period directed by the Manager, taking into account the magnitude of the 5 breach and the potential consequences of the breach for the Sector and the other Members, the 6 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 7 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 8 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 9 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 11 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 12 immediately stop fishing , the sector manager may take any action he/she deems necessary including 13 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 3 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 30 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 1 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 2 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 3 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 4 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 5 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 6 breach within the time period directed by the Manager, taking into account the magnitude of the 7 breach and the potential consequences of the breach for the Sector and the other Members, the 8 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 9 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 10 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 11 and cure period described above, the Manager concludes it is necessary for the protection of the 12 interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 13 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 14 immediately stop fishing , the sector manager may take any action he/she deems necessary including 15 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 3 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 3 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 4 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 5 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 6 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 7 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 8 breach within the time period directed by the Manager, taking into account the magnitude of the 9 breach and the potential consequences of the breach for the Sector and the other Members, the 10 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 11 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 12 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 13 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 15 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 16 immediately stop fishing , the sector manager may take any action he/she deems necessary including 17 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 3 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 10 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 11 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 12 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 13 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 14 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 15 breach within the time period directed by the Manager, taking into account the magnitude of the 16 breach and the potential consequences of the breach for the Sector and the other Members, the 17 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 18 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 19 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 20 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 22 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 23 immediately stop fishing , the sector manager may take any action he/she deems necessary including 24 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 3 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 22 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 23 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 24 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 25 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 26 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 27 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 28 breach within the time period directed by the Manager, taking into account the magnitude of the 29 breach and the potential consequences of the breach for the Sector and the other Members, the 1 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 2 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 3 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 4 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 6 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 7 immediately stop fishing , the sector manager may take any action he/she deems necessary including 8 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 2 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 25 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 26 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 27 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 28 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 29 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 1 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 2 breach within the time period directed by the Manager, taking into account the magnitude of the 3 breach and the potential consequences of the breach for the Sector and the other Members, the 4 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 5 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 6 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 7 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 9 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 10 immediately stop fishing , the sector manager may take any action he/she deems necessary including 11 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 2 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the 20 Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager 21 shall investigate the matter, and if the Manager concludes that a Member has breached this 22 Agreement, the Manager shall notify such Member of the apparent breach and (if such breach 23 is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. 24 If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute 25 discretion, that no breach occurred, or to cure the breach within the time period directed by 26 the Manager, taking into account the magnitude of the breach and the potential consequences 27 of the breach for the Sector and the other Members, the Manager shall notify the Member in 1 writing that the Manager is referring the alleged breach to the Enforcement Committee, and 2 shall notify the Enforcement Committee in writing of the alleged breach and the proposed 3 liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure 4 period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the 6 Member in apparent breach, and if such Member fails to cause the vessels harvesting its 7 Harvest Share to immediately stop fishing , the sector manager may take any action he/she 8 deems necessary including without limitation, self help or court action which may include the 9 seeking of injunctive relief.

Appears in 2 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the time period directed by the Manager, taking into account the magnitude of the breach and the potential consequences of the breach for the Sector and the other Members, the Manager shall notify the Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to immediately stop fishing , the sector manager may take any action he/she deems necessary including without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 2 contracts

Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 5 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 6 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 7 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 8 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 9 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 10 breach within the time period directed by the Manager, taking into account the magnitude of the 11 breach and the potential consequences of the breach for the Sector and the other Members, the 12 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 13 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 14 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 15 and cure period described above, the Manager concludes it is necessary for the protection of the 16 interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 17 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 18 immediately stop fishing , the sector manager may take any action he/she deems necessary including 19 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 10 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 11 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 12 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 13 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 14 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 15 breach within the time period directed by the Manager, taking into account the magnitude of the 16 breach and the potential consequences of the breach for the Sector and the other Members, the 17 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 18 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 19 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, 20 notice and cure period described above, the Manager concludes it is necessary for the protection of 21 the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the 22 Member in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share 23 to immediately stop fishing , the sector manager may take any action he/she deems necessary 24 including without limitation, self self-help or court action which may include the seeking of injunctive relief.injunctive

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the time period directed by the Manager, taking into account the magnitude of the breach and the potential consequences of the breach for the Sector and the other Members, the Manager shall notify the Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to immediately stop fishing , the sector manager may take any action he/she deems necessary including without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 25 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 26 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 27 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 28 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 29 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 30 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 1 breach within the time period directed by the Manager, taking into account the magnitude of the 2 breach and the potential consequences of the breach for the Sector and the other Members, the 3 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 4 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 5 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 6 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 8 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 9 immediately stop fishing , the sector manager may take any action he/she deems necessary including 10 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

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Manager Action in Response to Apparent Breach. The Manager shall 25 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 26 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 27 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 28 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 29 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 1 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 2 breach within the time period directed by the Manager, taking into account the magnitude of the 3 breach and the potential consequences of the breach for the Sector and the other Members, the 4 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 5 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 6 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 7 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 9 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 10 immediately stop fishing , the sector manager may take any action he/she deems necessary including 11 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 20 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 21 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 22 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 23 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 24 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 25 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 26 breach within the time period directed by the Manager, taking into account the magnitude of the 27 breach and the potential consequences of the breach for the Sector and the other Members, the 28 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 29 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 30 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 31 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 2 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 3 immediately stop fishing , the sector manager may take any action he/she deems necessary including 4 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 28 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 29 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 30 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 1 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 2 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 3 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 4 breach within the time period directed by the Manager, taking into account the magnitude of the 5 breach and the potential consequences of the breach for the Sector and the other Members, the 6 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 7 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 8 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 9 and cure period described above, the Manager concludes it is necessary for the protection of the 10 interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 11 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 12 immediately stop fishing , the sector manager may take any action he/she deems necessary including 13 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the 23 Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager 24 shall investigate the matter, and if the Manager concludes that a Member has breached this 25 Agreement, the Manager shall notify such Member of the apparent breach and (if such breach 26 is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. 27 If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute 1 discretion, that no breach occurred, or to cure the breach within the time period directed by 2 the Manager, taking into account the magnitude of the breach and the potential consequences 3 of the breach for the Sector and the other Members, the Manager shall notify the Member in 4 writing that the Manager is referring the alleged breach to the Enforcement Committee, and 5 shall notify the Enforcement Committee in writing of the alleged breach and the proposed 6 liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure 7 period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the 9 Member in apparent breach, and if such Member fails to cause the vessels harvesting its 10 Harvest Share to immediately stop fishing , the sector manager may take any action he/she 11 deems necessary including without limitation, self help or court action which may include the 12 seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 20 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 21 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 22 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 23 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 24 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 25 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 26 breach within the time period directed by the Manager, taking into account the magnitude of the 27 breach and the potential consequences of the breach for the Sector and the other Members, the 28 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 29 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 30 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 31 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 2 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 3 immediately stop fishing , the sector manager may take any action he/she deems necessary including 4 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 11 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 12 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 13 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 14 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 15 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 16 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 17 breach within the time period directed by the Manager, taking into account the magnitude of the 18 breach and the potential consequences of the breach for the Sector and the other Members, the 19 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 20 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 21 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 22 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 24 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 25 immediately stop fishing , the sector manager may take any action he/she deems necessary including 26 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 26 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 27 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 28 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 29 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 30 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 1 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 2 breach within the time period directed by the Manager, taking into account the magnitude of the 3 breach and the potential consequences of the breach for the Sector and the other Members, the 4 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 5 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 6 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 7 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 9 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 10 immediately stop fishing , the sector manager may take any action he/she deems necessary including 11 without limitation, self help self‐help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 10 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 11 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 12 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 13 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 14 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 15 breach within the time period directed by the Manager, taking into account the magnitude of the 16 breach and the potential consequences of the breach for the Sector and the other Members, the 17 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 18 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 19 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 20 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 22 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 23 immediately stop fishing , the sector manager may take any action he/she deems necessary including 24 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 21 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 22 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 23 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 24 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 25 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 26 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 27 breach within the time period directed by the Manager, taking into account the magnitude of the 28 breach and the potential consequences of the breach for the Sector and the other Members, the 29 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 30 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 31 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 1 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 3 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 4 immediately stop fishing , the sector manager may take any action he/she deems necessary including 5 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

Manager Action in Response to Apparent Breach. The Manager shall 26 monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager 27 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 28 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 29 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 30 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 1 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 2 breach within the time period directed by the Manager, taking into account the magnitude of the 3 breach and the potential consequences of the breach for the Sector and the other Members, the 4 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 5 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 6 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 7 and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member 9 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 10 immediately stop fishing , the sector manager may take any action he/she deems necessary including 11 without limitation, self self-help or court action which may include the seeking of injunctive relief.

Appears in 1 contract

Samples: Sector Operations Plan and Agreement

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