Common use of Notice of Election of Response Clause in Contracts

Notice of Election of Response. No more than sixty (60) days after receipt of service of a Notice of Violation, Settling Entity shall provide written notice to CEH whether it elects to contest the allegations contained in a Notice of Violation (“Notice of Election”). Failure to provide a Notice of Election within sixty (60) days of effectuation of service of a Notice of Violation shall be deemed an election to contest the Notice of Violation. Upon notice to CEH, Settling Entity may have up to an additional sixty (60) days to elect if, notwithstanding Settling Entity’s good faith efforts, Settling Entity is unable to verify the test data provided by CEH before expiration of the initial sixty (60) day period. 3.2.4.1 If a Notice of Violation is contested, the Notice of Election shall include all documents upon which Settling Entity is relying to contest the alleged violation, including all available test data. If Settling Entity or CEH later acquire additional test or other data regarding the alleged violation during the meet and confer period described in Section 3.2.4, it shall notify the other Party and promptly provide all such data or information to the Party unless either the Notice of Violation or Notice of Election has been withdrawn.

Appears in 1 contract

Samples: Settlement Agreement

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Notice of Election of Response. No more than sixty thirty (6030) days after receipt effectuation of service of a Notice of Violation, Settling Entity Entities shall provide written notice to CEH whether it elects they elect to contest the allegations contained in a Notice of Violation (“Notice of Election”). Failure to provide a Notice of Election within sixty thirty (6030) days of effectuation of service of a Notice of Violation shall be deemed an election to contest the Notice of Violation. Upon notice to CEH, Settling Entity Entities may have up to an additional sixty (60) days to elect if, notwithstanding Settling Entity’s Entities’ good faith efforts, Settling Entity is Entities are unable to verify the test data provided by CEH before expiration of the initial sixty thirty (6030) day period. 3.2.4.1 3.2.3.1. If a Notice of Violation is contested, the Notice of Election shall include all documents upon which Settling Entity is Entities are relying to contest the alleged violation, including all available test data. If Settling Entity Entities or CEH later acquire additional test or other data regarding the alleged violation violation, during the meet and confer period described in Section 3.2.4, they or it shall notify the other Party and promptly provide all such data or information to the Party unless either the Notice of Violation or Notice of Election has been withdrawn.

Appears in 1 contract

Samples: Settlement Agreement

Notice of Election of Response. No more than sixty thirty (6030) days after receipt effectuation of service of a Notice of Violation, Settling Entity Entities shall provide written notice to CEH whether it elects they elect to contest the allegations contained in a Notice of Violation (“Notice of Election”). Failure to provide a Notice of Election within sixty thirty (6030) days of effectuation of service of a Notice of Violation shall be deemed an election to contest the Notice of Violation. Upon notice to CEH, Settling Entity Entities may have up to an additional sixty (60) days to elect if, notwithstanding Settling Entity’s Entities’ good faith efforts, Settling Entity is Entities are unable to verify the test data provided by CEH before expiration of the initial sixty thirty (6030) day period. 3.2.4.1 3.2.3.1. If a Notice of Violation is contested, the Notice of Election shall include all documents upon which Settling Entity is Entities are relying to contest the alleged violation, including all available test data, if any are available. If Settling Entity Entities or CEH later acquire additional test or other data regarding the alleged violation violation, during the meet and confer period described in Section 3.2.4, they or it shall notify the other Party and promptly provide all such data or information to the Party unless either the Notice of Violation or Notice of Election has been withdrawn.

Appears in 1 contract

Samples: Settlement Agreement

Notice of Election of Response. No more than sixty thirty (6030) days after receipt effectuation of service of a Notice of Violation, Settling Entity shall provide written notice to CEH whether it elects to contest the allegations contained in a Notice of Violation (“Notice of Election”). Failure to provide a Notice of Election within sixty thirty (6030) days of effectuation of service of a Notice of Violation shall be deemed an election to contest the Notice of Violation. Upon notice to CEH, Settling Entity may have up to an additional sixty (60) days to elect if, notwithstanding Settling Entity’s good faith efforts, Settling Entity is unable to verify the test data provided by CEH before expiration of the initial sixty thirty (6030) day period. 3.2.4.1 3.2.3.1. If a Notice of Violation is contested, the Notice of Election shall include all documents upon which Settling Entity is relying to contest the alleged violation, including all available test data. If Settling Entity or CEH later acquire acquires additional test or other data regarding the alleged violation during the meet and confer period described in Section 3.2.4, it shall notify the other Party and promptly provide all such data or information to the Party unless either the Notice of Violation or Notice of Election has been withdrawn.

Appears in 1 contract

Samples: Settlement Agreement

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Notice of Election of Response. No more than sixty thirty (6030) days after receipt effectuation of service of a Notice of Violation, Settling Entity BMB shall provide written notice to CEH whether it elects to contest the allegations contained in a Notice of Violation (“Notice of Election”). Failure to provide a Notice of Election within sixty thirty (6030) days of effectuation of service of a Notice of Violation shall be deemed an election to contest the Notice of Violation. Upon notice to CEH, Settling Entity BMB may have up to an additional sixty (60) days to elect if, notwithstanding Settling EntityBMB’s good faith efforts, Settling Entity BMB is unable to verify the test data provided by CEH before expiration of the initial sixty thirty (6030) day period. 3.2.4.1 3.2.3.1. If a Notice of Violation is contested, the Notice of Election shall include all documents upon which Settling Entity BMB is relying to contest the alleged violation, including all available test data. If Settling Entity BMB or CEH later acquire acquires additional test or other data regarding the alleged violation violation, during the meet and confer period described in Section 3.2.4, it shall notify the other Party and promptly provide all such data or information to the Party unless either the Notice of Violation or Notice of Election has been withdrawn.

Appears in 1 contract

Samples: Settlement Agreement

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