Minimum Liability. Pursuant to Water Code section 13385(e), at a minimum, liability shall be assessed at a level that recovers the economic benefit or savings, if any, derived from the unauthorized discharge violation. The State Water Resources Control Board Water Quality Enforcement Policy (Enforcement Policy) requires that the minimum liability amount imposed not to be below a Discharger’s economic benefit plus ten percent. The Discharger realized cost savings of approximately $10,000. Applying the methodology as set forth in Exhibit A, the minimum liability in this matter is $11,000.
Minimum Liability. Discussion: The Enforcement Policy requires that the minimum liability amount imposed not be below the economic benefit plus ten percent. The minimum administrative civil liability for the violation set forth in this complaint is $11,000. ($10,000 x 1.1 = $11,000.).
Minimum Liability. The statutory minimum liability that may be assessed is the economic benefit: $281,005. To comply with the Enforcement Policy, the minimum liability is the economic benefit plus ten percent: $309,100 (rounded).
Minimum Liability. 24 (e) Specific Performance........................................24 (f) Liquidated Damages..........................................25 (g) Matters Involving Third Parties.............................25 (h)
Minimum Liability. Notwithstanding anything in this Agreement to the contrary, after the Closing neither the Sellers nor the Buyer shall indemnify or otherwise be liable to the other except to the extent that the Liabilities exceed Twenty-five Thousand Dollars ($25,000) and indemnification shall be made only to the extent of such excess over Twenty-five Thousand Dollars ($25,000); provided, however, that the foregoing shall not be applicable to the Sellers' obligation to deliver clear title to the Acquired Assets or the Buyer's obligation to pay and discharge any Liability to third parties assumed by the Buyer hereunder.
Minimum Liability. There is no minimum administrative civil liability for the violations.
Minimum Liability. Water Code section 13385, subdivision (e) requires, at a minimum, that an administrative civil liability be imposed that will capture the economic benefit to the violator from the violation. In this case, the Discharger realized an economic benefit of approximately $179,000 in the form of cost savings for delaying the construction and replacement of the failed force main for nine years. The State Water Resources Control Board’s Water Quality Enforcement Policy (Enforcement Policy) recommends the Regional Water Board assess liability at least 10 percent higher than the economic benefit so that liabilities are not construed as the cost of doing business and that the assessed liability provides a meaningful deterrent to future violations. Accordingly, the minimum administrative civil liability for the Discharger’s SSO is $196,469. See Attachment A for the full economic benefit analysis.
Minimum Liability. Neither party shall have any liability to the other under this Article IX unless such party's aggregate Losses exceed $250,000, in which event the Indemnifying Party shall be liable only for all such Losses above that amount. Neither party shall have any liability under this Article IX in an amount greater that Sync's market capitalization as of the date of this Agreement..
Minimum Liability. Stockholder shall not be liable under Section 4.8.1, and CROSSWALK shall not be liable under Section 4.8.2, unless and until the aggregate amount of liability under such Section shall exceed Ten Thousand Dollars ($10,000) in total, in which case the indemnifying party shall make indemnification thereunder for the aggregate amount of such liability, including without limitation, such Ten Thousand Dollars ($10,000).
Minimum Liability. The Sellers shall not be liable for any Breach of Sellers’ Warranties (or series of Breaches of Warranties arising from similar facts or circumstances) where the losses BE BRAUW BLACKSTONE WESTBROEK resulting from such Breath of Sellers’ Warranties do not exceed EUR 10,000 (ten thousand euro).
