Members Appeals. A member receiving notice of an alleged breach and proposed liquidated 28 damages shall have five days from the date that the member receives notice to request an appeal 29 hearing before the Enforcement Committee. If a member fails to request a hearing within such 30 five day appeal period, the member’s right of appeal shall expire, the member shall be deemed to 31 have breached this agreement in accordance with the sector manager’s determination, and the 32 member shall be obligated to pay the related liquidated damages. If a member timely requests an 33 appeal hearing, the sector manager shall consult with the Enforcement Committee and schedule 34 an Enforcement Committee meeting for that purpose. The Enforcement Committee shall make 35 reasonable efforts to schedule the meeting at a time and place such that the member requesting 36 the appeal is able to attend, and shall provide the member with at least thirty days advance written 37 notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall 38 provide the sector manager with an opportunity to present evidence of the apparent breach, and 39 shall provide the member in apparent breach with a reasonable opportunity to rebut such 40 evidence. All data produced by the sector manager shall be presumed accurate, and, absent 41 manifest error, each member's obligations under this agreement and all related documents may be 42 enforced to their fullest extent on the basis of such data. If the Enforcement Committee 43 determines that a member breached this agreement, the sector shall have the right to collect from 44 such member the liquidated damages amount provided for such breach under this agreement. 45
Members Appeals. A member receiving notice of an alleged breach and proposed liquidated damages shall have five days from the date that the member receives notice to request an appeal hearing before the Enforcement Committee. If a member fails to request a hearing within such five 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 sector manager’s determination, and the member shall be obligated to pay the related liquidated damages. If a member timely requests an appeal hearing, the sector 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 days advance written notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall provide the sector 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. All data produced by the sector 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.
