Monitoring and Enforcement Mechanisms Sample Clauses

Monitoring and Enforcement Mechanisms. TxDOT will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26: Monitoring Mechanisms-To ensure that DBE requirements of the DOT assisted contract are complied with, the Department will monitor the Contractors efforts to involve DBEs during the performance of the contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department. The DBE Special Provision 000-461 – Attachment 2 is included in all federal-aid projects and outlines the monitoring mechanism for compliance with 49 CFR Part 26. Enforcement mechanisms- A Contractor’s failure to comply with the requirements of the DBE Special Provision 000-461 — Attachment 2 shall constitute a material breach of the federal-aid contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate. [As amended at 65 FR 68951 Nov 15, 2000, 68 FR 35554, June 16, 2003]
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Monitoring and Enforcement Mechanisms. The City will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26:
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Monitoring and Enforcement Mechanisms. (1) Each Contracting Party shall have in place and shall implement a stringent include in its regulatory framework an effective monitoring and enforcement regime for DSM activities within national jurisdiction; and the national DSM authority shall be given appropriate powers and functions by law for this purpose. (2) A Contracting Party’s DSM monitoring regime may should include: (a) self-reporting from licensees; (b) electronic positioning monitoring; (c) and data collection, sharing and transfer; (d) public complaints and employee whistle-blower procedures; (e) site visits and on-vessel observer programmes; and (f) a national DSM authority empowered by law to conduct, or to contract an expert third party to conduct, inspection of premises, vessels, equipment, samples, accounts and records pertaining to licensed DSM activities, and when necessary to obtain independent samples for analysis; and (g) training and educational programmes to support its monitoring regime. (3) Where monitoring indicates failure to adhere to the terms of the licence, the national rules regulatory framework governing DSM activities, or this Agreement, enforcement action to bring the DSM activities back within compliance must shall be taken by the licensing Contracting Party. (4) The Contracting Parties shall seek to develop cooperative and coordinated procedures to facilitate the enforcement of their DSM national rules regulatory framework and the requirements of this Agreement. (5) A Contracting Party’s DSM enforcement regime must shall: (a) be set out in published national rules regulatory framework, and preferably enacted in domestic national legislation; (b) give clear indication of how and when sanctions may be triggered, and relevant notification and remedial processes; (c) be sufficiently severe so as to be a disincentive and/or punitive in the context of the overall value of the project; and (d) be applied proportionately with regard to the severity or persistence of the breach. (6) A Contracting Party’s DSM enforcement regime may include sanctions such as: (a) administrative measures, such as warning notices; (b) monetary penalties; (c) civil actions; (d) criminal actions; (e) variation of licence terms; (f) suspension of licence; and (g) termination of licence. (7) Any Contracting Party with reason to believe that prohibited or non-licence-compliant DSM activities are taking place: (a) within their national jurisdiction - must shall take all reasonable endeavours to inve...
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Monitoring and Enforcement Mechanisms. (§26.37)
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Monitoring and Enforcement Mechanisms. Owner certifies that it will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. Owner will bring to the attention of the DOT any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR Part 26, Section 26.109. 2. Owner will consider similar action under its legal authorities, including responsibility determinations in future contracts. Attachment 3 lists the regulations, provisions, and contract remedies available to Owner in the events of non-compliance with the DBE regulations by a participant in Owner’s procurement activities. 3. Owner will also provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award or subsequently (e.g., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. This will be accomplished by conducting the following:
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Monitoring and Enforcement Mechanisms. Owner certifies that it will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. Owner will bring to the attention of the DOT any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR Part 26, Section 26.109. 2. Owner will consider similar action under its legal authorities, including responsibility determinations in future contracts. Attachment 3 lists the regulations, provisions, and contract remedies available to Owner in the events of non-compliance with the DBE regulations by a participant in Owner’s procurement activities. 3. Owner will also provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award or subsequently (e.g., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. This will be accomplished by conducting the following: The agenda for a contract work initiation meeting pursuant to Vol. 3, Section 2.4 shall include a presentation and discussion concerning DBE requirements and other related matters. Owner shall be responsible for informing the Contractors of all DBE requirements as specified in this DBE Compliance Manual and elsewhere in the Contract Documents.
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Monitoring and Enforcement Mechanisms. The Sponsor will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. We will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.107. 2. We will implement similar action under our own legal authorities, including responsibility determinations in future contracts. Attachment 5 lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in our DBE Program. 3. We will implement a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (i.e., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. 4. We will implement a monitoring and enforcement mechanism that will include written certification that we have reviewed contracting records and monitored work sites for this purpose. This will be accomplished by reviewing contractor and subcontractor certified payrolls and annual FAA Uniform Reporting. 5. We will implement a mechanism that will provide for a running tally of actual DBE attainments (e.g., payment actually made to DBE firms), including a means of comparing these attainments to commitments. In our reports of DBE participation to DOT, we will show both commitments and attainments, as required by the DOT uniform reporting form.
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Monitoring and Enforcement Mechanisms 
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  • Law Enforcement 24.1 Each Party may cooperate with law enforcement authorities and national security authorities to the full extent required or permitted by Applicable Law in matters related to Services provided by it under this Agreement, including, but not limited to, the production of records, the establishment of new lines or the installation of new services on an existing line in order to support law enforcement and/or national security operations, and, the installation of wiretaps, trap-and-trace facilities and equipment, and dialed number recording facilities and equipment. 24.2 A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, except to the extent required by Applicable Law. 24.3 Where a law enforcement or national security request relates to the establishment of lines (including, but not limited to, lines established to support interception of communications on other lines), or the installation of other services, facilities or arrangements, a Party may act to prevent the other Party from obtaining access to information concerning such lines, services, facilities and arrangements, through operations support system interfaces.

  • Governing law and enforcement (a) The choice of English law as the governing law of the Finance Documents will be recognised and enforced in its jurisdiction of incorporation. (b) Any judgment obtained in England in relation to a Finance Document will be recognised and enforced in its jurisdiction of incorporation.

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