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

Manager Action in Response to Apparent Breach. The Manager shall 24 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 breach within the time period directed by the Manager, taking into account the magnitude of the 30 breach and the potential consequences of the breach for the Sector and the other Members, the 31 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 and cure period described above, the Manager concludes it is necessary for the protection of the 5 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 without limitation, self-help or court action which may include the seeking of injunctive relief.

Manager Action in Response to Apparent Breach. The Manager shall 24 5 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 6 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 7 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 8 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 9 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 10 breach within the time period directed by the Manager, taking into account the magnitude of the 30 11 breach and the potential consequences of the breach for the Sector and the other Members, the 31 12 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 13 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 14 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 15 and cure period described above, the Manager concludes it is necessary for the protection of the 5 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 without limitation, self-help or court action which may include the seeking of injunctive relief.the

Manager Action in Response to Apparent Breach. The Manager shall 24 20 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 21 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 22 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 23 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 24 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 25 breach within the time period directed by the Manager, taking into account the magnitude of the 30 26 breach and the potential consequences of the breach for the Sector and the other Members, the 31 27 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 28 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 29 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 1 and cure period described above, the Manager concludes it is necessary for the protection of the 5 3 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 4 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 5 without limitation, self-help or court action which may include the seeking of injunctive relief.

Manager Action in Response to Apparent Breach. The Manager shall 24 20 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 21 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 22 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 23 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 24 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 25 breach within the time period directed by the Manager, taking into account the magnitude of the 30 26 breach and the potential consequences of the breach for the Sector and the other Members, the 31 27 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 28 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 29 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 1 and cure period described above, the Manager concludes it is necessary for the protection of the 5 3 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 4 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 5 without limitation, self-help self‐help or court action which may include the seeking of injunctive relief.

Manager Action in Response to Apparent Breach. The Manager shall 24 5 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 6 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 7 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 8 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 9 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 breach 10 b 11 b 12 M reach within the time period directed by the Manager, taking into account the magnitude of the 30 breach reach and the potential consequences of the breach for the Sector and the other Members, the 31 Manager anager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 13 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 14 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 15 and cure period described above, the Manager concludes it is necessary for the protection of the 5 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 without limitation, self-help or court action which may include the seeking of injunctive relief.the

Manager Action in Response to Apparent Breach. The Manager shall 24 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 25 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 26 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 27 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 28 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 29 breach within the time period directed by the Manager, taking into account the magnitude of the 30 1 breach and the potential consequences of the breach for the Sector and the other Members, the 31 2 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 1 3 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 2 4 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 3 5 and cure period described above, the Manager concludes it is necessary for the protection of the 5 7 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 6 8 immediately stop fishing , the sector manager may take any action he/she deems necessary including 7 9 without limitation, self-help or court action which may include the seeking of injunctive relief.