Common use of Member Appeals Clause in Contracts

Member Appeals. A Member receiving notice of an alleged breach and proposed liquidated damages shall have five (5) days from the date that the Member receives the notice to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be deemed to have breached this Agreement in accordance with the Manager’s determination, and the Member shall be obligated to pay the related liquidated damages. If a Member timely requests an appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each Member's obligations under this Agreement and all related documents may be enforced to their fullest extent on the basis of such data. If the Enforcement Committee determines that a Member breached this Agreement, the Sector shall have the right to collect from such Member the liquidated damages amount provided for such breach under this Agreement.

Member Appeals. A Member receiving notice of an alleged breach and 22 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 23 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 24 within such 5‐day appeal period, the Member’s right of appeal shall expire, the Member shall be 25 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 26 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 27 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 28 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 29 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 30 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 31 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 1 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 2 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 3 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 4 Member's obligations under this Agreement and all related documents may be enforced to their fullest 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.

Member Appeals. A Member receiving notice of an alleged breach and 22 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 23 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 24 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 25 deemed to have breached this Agreement in accordance with the Manager’s determination, and the 26 Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 27 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 28 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 29 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 30 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 31 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 1 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 2 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 3 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 4 Member's obligations under this Agreement and all related documents may be enforced to their fullest 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.

Member Appeals. A Member receiving notice of an alleged breach and 15 proposed liquidated damages shall have five (5) days from the date that the Member receives the notice 16 to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing 17 within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be 18 deemed to have breached this Agreement in accordance with the Manager’s determination, and the Member shall be obligated to pay the related liquidated damages. If a Member timely requests an 20 appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an 21 Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable 22 efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able 23 to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time 24 and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with 25 an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent 26 breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and 27 delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each 28 Member's obligations under this Agreement and all related documents may be enforced to their fullest 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.

Member Appeals. A Member receiving notice of an alleged breach and proposed liquidated damages shall have five (5) days from the date that the Member receives the notice to request an appeal hearing before the Enforcement Committee. If a Member fails to request a hearing within such 5‐day 5-day appeal period, the Member’s right of appeal shall expire, the Member shall be deemed to have breached this Agreement in accordance with the Manager’s determination, and the Member shall be obligated to pay the related liquidated damages. If a Member timely requests an appeal hearing, the Manager shall consult with the Enforcement Committee and schedule an Enforcement Committee meeting for that purpose. The Enforcement Committee shall make reasonable efforts to schedule the meeting at a time and place such that the Member requesting the appeal is able to attend, and shall provide the Member with at least thirty (30) days advance written notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall provide the Manager with an opportunity to present evidence of the apparent breach, and shall provide the Member in apparent breach with a reasonable opportunity to rebut such evidence. Per Section 9, above, the catch and delivery data produced by the Manager shall be presumed accurate, and, absent manifest error, each Member's obligations under this Agreement and all related documents may be enforced to their fullest extent on the basis of such data. If the Enforcement Committee determines that a Member breached this Agreement, the Sector shall have the right to collect from such Member the liquidated damages amount provided for such breach under this Agreement.Agreement.‌