Common use of Members Appeals Clause in Contracts

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 28 31 damages shall have five days from the date that the member receives notice to request an appeal 29 32 hearing before the Enforcement Committee. If a member fails to request a hearing within such 30 33 five day appeal period, the member’s right of appeal shall expire, the member shall be deemed to 31 34 have breached this agreement in accordance with the sector manager’s determination, and the 32 35 member shall be obligated to pay the related liquidated damages. If a member timely requests an 33 36 appeal hearing, the sector manager shall consult with the Enforcement Committee and schedule 34 37 an Enforcement Committee meeting for that purpose. The Enforcement Committee shall make 35 38 reasonable efforts to schedule the meeting at a time and place such that the member requesting 36 39 the appeal is able to attend, and shall provide the member with at least thirty days advance written 37 40 notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall 38 41 provide the sector manager with an opportunity to present evidence of the apparent breach, and 39 42 shall provide the member in apparent breach with a reasonable opportunity to rebut such 40 43 evidence. All data produced by the sector manager shall be presumed accurate, and, absent 41 44 manifest error, each member's obligations under this agreement and all related documents may be 42 45 enforced to their fullest extent on the basis of such data. If the Enforcement Committee 43 46 determines that a member breached this agreement, the sector shall have the right to collect from 44 47 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 28 8 damages shall have five days from the date that the member receives notice to request an appeal 29 9 hearing before the Enforcement Committee. If a member fails to request a hearing within such 30 10 five day appeal period, the member’s right of appeal shall expire, the member shall be deemed to 31 11 have breached this agreement in accordance with the sector manager’s determination, and the 32 12 member shall be obligated to pay the related liquidated damages. If a member timely requests an 33 13 appeal hearing, the sector manager shall consult with the Enforcement Committee and schedule 34 14 an Enforcement Committee meeting for that purpose. The Enforcement Committee shall make 35 15 reasonable efforts to schedule the meeting at a time and place such that the member requesting 36 16 the appeal is able to attend, and shall provide the member with at least thirty days advance written 37 17 notice of the time and place of the meeting. At such meeting, the Enforcement Committee shall 38 18 provide the sector manager with an opportunity to present evidence of the apparent breach, and 39 19 shall provide the member in apparent breach with a reasonable opportunity to rebut such 40 20 evidence. All data produced by the sector manager shall be presumed accurate, and, absent 41 21 manifest error, each member's obligations under this agreement and all related documents may be 42 22 enforced to their fullest extent on the basis of such data. If the Enforcement Committee 43 23 determines that a member breached this agreement, the sector shall have the right to collect from 44 24 such member the liquidated damages amount provided for such breach under this agreement. 45.