Member Appeals. A Member receiving notice of an alleged breach and 26 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 amount provided for such breach under this Agreement.
Appears in 5 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 19 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 20 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 21 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 22 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 23 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 24 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 25 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 26 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 27 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 28 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 29 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 30 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 31 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 32 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 1 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 2 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 3 amount provided for such breach under this Agreement.
Appears in 3 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 6 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 7 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 8 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 9 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 10 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 11 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 12 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 13 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 14 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 15 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 16 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 17 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 18 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 19 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 20 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 21 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 22 amount provided for such breach under this Agreement.
Appears in 3 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 17 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 18 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 19 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 20 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 21 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 22 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 23 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 24 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 25 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 26 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 27 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 28 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 29 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 30 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 31 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 1 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 2 amount provided for such breach under this Agreement.
Appears in 3 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 16 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 17 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 18 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 19 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 20 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 21 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 22 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 23 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 24 to attend, attend and shall provide the Member with at least thirty (30) days advance written notice of the time 4 25 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 26 an opportunity to present evidence of the apparent breach, breach and shall provide the Member in apparent 6 27 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 28 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 29 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 30 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 31 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 32 amount provided for such breach under this Agreement.
Appears in 2 contracts
Samples: Sector Agreement, Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 15 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 16 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 17 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 18 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 19 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 20 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 21 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 22 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 23 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 24 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 25 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 26 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 27 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 28 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 29 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 30 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 31 amount provided for such breach under this Agreement.
Appears in 2 contracts
Samples: Sector Agreement, Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 28 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 29 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 30 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 31 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 1 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 2 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 3 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 4 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 5 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 6 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 7 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 8 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data produced by 12 this Agreement, the Manager Sector shall be presumed accurate, and, absent manifest error, each 8 Member's obligations under this Agreement and all related documents may be enforced have the right to their fullest 11 collect from such Member the liquidated damages 13 amount provided for such breach under this Agreement.
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 9 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 10 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 11 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed 12 to have breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall 13 be obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the 14 Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee 15 meeting for that purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the 16 meeting at a time and place such that the Member requesting the appeal is able 3 to attend, and shall 17 provide the Member with at least thirty (30) days advance written notice of the time 4 and place of the 18 meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 an opportunity 19 to present evidence of the apparent breach, and shall provide the Member in apparent 6 breach with a 20 reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data 21 produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 Member's 22 obligations under this Agreement and all related documents may be enforced to their fullest 11 extent on 23 the basis of such data. If the Enforcement Committee determines that a Member breached this 24 Agreement, the Sector shall have the right to collect from such Member the liquidated damages amount 25 provided for such breach under this Agreement.
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 15 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 16 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 17 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 18 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 19 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 20 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 21 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 22 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 23 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 24 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 25 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 26 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 27 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 28 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 29 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 30 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 31 amount provided for such breach under this Agreement.
Appears in 2 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 Member's obligations under this Agreement and all related documents may be enforced to their fullest 9 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 10 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 11 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 4 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 5 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 6 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 7 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 8 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 9 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 10 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 11 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 12 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 13 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 14 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 15 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 16 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 17 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 18 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 19 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 20 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 12 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 13 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 14 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 15 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 16 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 17 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 18 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 19 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 20 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 21 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 22 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 23 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 24 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 25 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 26 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 27 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 28 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 13 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 14 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 15 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 16 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 17 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 18 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 19 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 20 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 21 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 22 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 23 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 24 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 25 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 26 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 27 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 28 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 29 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 9 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 10 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 11 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 12 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 13 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 14 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 15 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 16 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 17 to attend, attend and shall provide the Member with at least thirty (30) days advance written notice of the time 4 18 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 19 an opportunity to present evidence of the apparent breach, breach and shall provide the Member in apparent 6 20 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 21 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 22 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 23 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 24 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 25 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 27 proposed liquidated damages shall have five (5) days from the date that the Member receives the 28 notice 27 to request an appeal hearing before the Enforcement Committee. If a Member fails to request 29 a hearing 28 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall 30 be 29 deemed to have breached this Agreement in accordance with the Manager’s determination, and 31 the 30 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 32 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make 2 reasonable 2 efforts to schedule the meeting at a time and place such that the Member requesting the 3 appeal is able 3 to attend, attend and shall provide the Member with at least thirty (30) days advance written 4 notice of the time 4 and place of the meeting. At such meeting, the Enforcement Committee shall 5 provide the Manager with 5 an opportunity to present evidence of the apparent breach, breach and shall 6 provide the Member in apparent 6 breach with a reasonable opportunity to rebut such evidence. Per 7 Section 9, above, the catch and 7 delivery data produced by the Manager shall be presumed accurate, 8 and, absent manifest error, each 8 Member's obligations under this Agreement and all related 9 documents may be enforced to their fullest 11 amount provided for extent on the basis of such breach under this Agreement.data. If the Enforcement
Appears in 1 contract
Samples: Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 16 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 17 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 18 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 19 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 20 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 21 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 22 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 23 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 24 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 25 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 26 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 27 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 28 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 29 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 30 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 31 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 32 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 16 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 17 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 18 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 19 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 20 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 21 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 22 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 23 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 24 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 25 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 26 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 27 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 28 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 29 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 30 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 31 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 32 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 6 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 7 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 8 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 9 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 10 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 11 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 12 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 13 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 14 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 15 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 16 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 17 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 18 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 19 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 20 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 21 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 22 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 6 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 7 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 8 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 9 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 10 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 11 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 12 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 13 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 14 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 15 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 16 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 17 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 18 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 19 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 20 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 21 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 22 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 13 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 14 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 15 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 16 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 17 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 18 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 19 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 20 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 21 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 22 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 23 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 24 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 25 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 26 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 27 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 28 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 29 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 7 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 8 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 9 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 10 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 11 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 12 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 13 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 14 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 15 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 16 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 17 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 18 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 19 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 20 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 21 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 22 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 23 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 an opportunity to present evidence of the apparent breach, breach and shall provide the Member in apparent 6 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 Member's obligations under this Agreement and all related documents may be enforced to their fullest 9 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 10 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 11 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 4 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 5 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 6 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed 7 to have breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall 8 be obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the 9 Manager shall consult with the Enforcement Committee and schedule an 1 Enforcement Committee 10 meeting for that purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the 11 meeting at a time and place such that the Member requesting the appeal is able 3 to attend, and shall 12 provide the Member with at least thirty (30) days advance written notice of the time 4 and place of the 13 meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 an opportunity 14 to present evidence of the apparent breach, and shall provide the Member in apparent 6 breach with a 15 reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 delivery data 16 produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 Member's 17 obligations under this Agreement and all related documents may be enforced to their fullest 11 extent on 18 the basis of such data. If the Enforcement Committee determines that a Member breached this 19 Agreement, the Sector shall have the right to collect from such Member the liquidated damages amount 20 provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 22 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 23 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 24 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 25 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 26 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 27 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 28 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 29 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 30 to attend, attend and shall provide the Member with at least thirty (30) days advance written notice of the time 4 31 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 1 an opportunity to present evidence of the apparent breach, breach and shall provide the Member in apparent 6 2 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 3 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 4 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 5 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 6 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 7 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Sector Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 21 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 22 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 23 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 24 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 25 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 26 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 27 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 28 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 29 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 30 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 31 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 1 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 2 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 3 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 4 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 5 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 6 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 22 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to request 23 an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 within such 24 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 deemed to have 25 breached this Agreement in accordance with the Manager’s determination, and the 30 Member shall be 26 obligated to pay the related liquidated damages. If a Member timely requests an 31 appeal hearing, the Manager shall 27 consult with the Enforcement Committee and schedule an 1 Enforcement Committee meeting for that 28 purpose. The Enforcement Committee shall make reasonable 2 efforts to schedule the meeting at a time 29 and place such that the Member requesting the appeal is able 3 to attend, and shall provide the Member 30 with at least thirty (30) days advance written notice of the time 4 and place of the meeting. At such meeting, 31 the Enforcement Committee shall provide the Manager with 5 an opportunity to present evidence of the 1 apparent breach, and shall provide the Member in apparent 6 breach with a reasonable opportunity to 2 rebut such evidence. Per Section 9, above, the The catch and 7 delivery data produced by the Manager shall be presumed accurate, 3 and, absent manifest error, each 8 Member's obligations under this Agreement and all related documents 4 may be enforced to their fullest 11 extent on the basis of such data. If the Enforcement Committee 5 determines that a Member breached an Agreement, the Sector shall have the right to collect from such 6 Member the liquidated damages amount provided for such breach under this the Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 28 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 29 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 30 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 31 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 1 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 2 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 3 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 4 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 5 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 6 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 7 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 8 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 9 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 10 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 12 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 13 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 6 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 7 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 8 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 9 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 10 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 11 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 12 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 13 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 14 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 15 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 16 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 17 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 18 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 19 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 20 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 21 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 22 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 7 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 27 8 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 9 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 10 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 11 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 12 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 13 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 14 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 15 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 16 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 17 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 18 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 19 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 20 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 21 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 22 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 23 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Member Appeals. A Member receiving notice of an alleged breach and 26 proposed 7 liquidated damages shall have five (5) days from the date that the Member receives the notice 27 to 8 request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 28 9 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 29 10 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 30 11 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 31 12 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 1 13 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 2 14 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 3 15 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 4 16 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 5 17 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 6 18 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 7 19 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 8 20 Member's obligations under this Agreement and all related documents may be enforced to their fullest 11 21 extent on the basis of such data. If the Enforcement Committee determines that a Member breached 22 this Agreement, the Sector shall have the right to collect from such Member the liquidated damages 23 amount provided for such breach under this Agreement.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement