Payment of Fines and Penalties Sample Clauses

Payment of Fines and Penalties. Payment at any time of any fine or penalties (or settlements in lieu of fines or penalties) payable to any Governmental Authority, to the extent caused by the negligent acts or omissions or willful misconduct of Operator, or Operator's failure to comply with any provision of this Agreement, shall be the responsibility of Operator and such fines or penalties shall not be considered Reimbursable Costs or otherwise result in any increase of the costs to be borne by Owner. Owner shall be responsible for the payment of any other fines or penalties (or settlements in lieu of fines or penalties) payable to any Governmental Authority as a result of the failure of the Facility to comply with applicable Laws or Facility Permits. If either Party receives notice or has knowledge of any violation of any laws or regulations by the other Party with respect to the matters covered by this Agreement which could result in such fines or penalties from a Governmental Authority, then such knowledgeable Party shall give prompt notice thereof to the other Party.
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Payment of Fines and Penalties. PIMS shall indemnify and hold Broker harmless from any fines, penalties, and related expenses incurred by Broker because of PIMS's failure to comply with the laws, rules, and regulations of any governmental agency having jurisdiction over its performance of obligations hereunder. Broker shall indemnify and hold PIMS and its affiliates harmless from any fines, penalties, and related expenses incurred by PIMS because of Broker's failure to comply with the laws, rules, and regulations of any governmental agency having jurisdiction over the performance of its obligations hereunder.
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Payment of Fines and Penalties. LDDI shall indemnify and hold NBC harmless from any fines, penalties, and related expenses incurred by NBC as a result of LDDI's failure to comply with the laws, rules, and regulations of any governmental agency having jurisdiction over the performance of its obligations hereunder.
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Payment of Fines and Penalties. Consultant shall indemnify and hold NBC harmless from any fines, penalties, and related expenses incurred by Consultant as the result of Consultant's failure to comply with the laws, rules, and regulations of any governmental agency having jurisdiction over its performance of obligations pursuant to this Agreement.
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Payment of Fines and Penalties. Payment at any time of any fine or penalties (or settlements in lieu of fines or penalties) payable to any Governmental Authority, to the extent caused by the negligent acts or omissions or willful misconduct of Operator, or Operator's failure to comply with any provision of this Agreement, shall be the responsibility of Operator and such fines or penalties shall not be considered Reimbursable Costs or otherwise result in any increase of the costs to be borne by Owner. Owner shall be responsible for the payment of any other fines or
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Payment of Fines and Penalties. 14.1 Payment of Fines and Penalties. Payment at any time of any fine or penalties payable to any state or the United States as a result of the Operator's gross negligence in failing to operate and maintain the Project in accordance with Requirements of Law or Approvals and Permits applicable to the operation and maintenance of the Project shall be the sole responsibility of Operator and such fines or penalties shall not result in any increase of the costs to be borne by Owner.
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Payment of Fines and Penalties. EDS shall be responsible for any fines and ------------------------------ penalties imposed on STK and its Affiliates or EDS arising from any noncompliance by EDS, its subcontractors, or agents with the changes in any laws and regulations for which EDS has the responsibility to comply with pursuant to this Section 1.7. STK shall be responsible for any fines and penalties imposed on STK or EDS and its Affiliates arising from any noncompliance by STK, its contractors or agents with the changes in any laws and regulations for which STK has the responsibility to comply with pursuant to this Section 1.7.
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Payment of Fines and Penalties. In the event the NCDOI or South Carolina Department of Insurance or other regulatory authorities levy any fines or penalties on DHP for operations prior to the Closing Date other than the fine disclosed in Schedule 2.14, Seller will pay such fines and penalties and indemnify and hold harmless Purchaser and DHP against any such fines and penalties.
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Related to Payment of Fines and Penalties

  • Judgments; Penalties One or more fines, penalties or final judgments, orders or decrees for the payment of money in an amount, individually or in the aggregate, of at least Two Hundred Fifty Thousand Dollars ($250,000.00) (not covered by independent third-party insurance as to which liability has been accepted by such insurance carrier) shall be rendered against Borrower by any Governmental Authority, and the same are not, within ten (10) days after the entry, assessment or issuance thereof, discharged, satisfied, or paid, or after execution thereof, stayed or bonded pending appeal, or such judgments are not discharged prior to the expiration of any such stay (provided that no Credit Extensions will be made prior to the satisfaction, payment, discharge, stay, or bonding of such fine, penalty, judgment, order or decree);

  • Prepayment Penalties Notwithstanding anything in this Agreement to the contrary, in the event of a Principal Prepayment of a Mortgage Loan, the related Servicer may not waive any Prepayment Penalty or portion thereof required by the terms of the related Mortgage Note unless (i) the Mortgage Loan is in default or foreseeable default and such waiver (a) is standard and customary in servicing similar mortgage loans to the Mortgage Loans and (b) would, in the reasonable judgment of the related Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Penalty and the related Mortgage Loan or (ii)(A) the enforceability thereof is limited (1) by bankruptcy, insolvency, moratorium, receivership, or other similar law relating to creditors' rights generally or (2) due to acceleration in connection with a foreclosure or other involuntary payment, or (B) the enforceability is otherwise limited or prohibited by applicable law. For the avoidance of doubt, the related Servicer may waive a Prepayment Penalty in connection with a short sale or short payoff on a defaulted Mortgage Loan. If the related Servicer has waived all or a portion of a Prepayment Penalty relating to a Principal Prepayment, other than as provided above, the related Servicer shall deliver to the Trustee no later than the Business Day immediately preceding the next Distribution Date, for deposit into the Certificate Account the amount of such Prepayment Penalty (or such portion thereof as had been waived) for distribution in accordance with the terms of this Agreement; provided, however, the related Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Penalty under this Section 4.09 if such Servicer did not have a copy of the related Mortgage Note, such Servicer requested via email a copy of the same from the Trustee and the Trustee failed to provide such a copy within two (2) Business Days of receipt of such request. If the related Servicer has waived all or a portion of a Prepayment Penalty for any reason, it shall promptly notify the Trustee thereof and shall include such information in any monthly reports it provides the Trustee.

  • Payment of Financial Obligations The payment or provision to the Executive by the Company of any remuneration, benefits or other financial obligations pursuant to this Agreement shall be allocated among the Operating Partnership, the REIT and any subsidiary or affiliate thereof in such manner as such entities determine in order to reflect the services provided by the Executive to such entities; provided, however, that the Operating Partnership and the REIT shall be jointly and severally liable for such obligations.

  • Notice of Default, Litigation and ERISA Matters Promptly upon becoming aware of any of the following, written notice describing the same and the steps being taken by the Company or the Subsidiary affected thereby with respect thereto:

  • Payment of Fees All fees payable hereunder shall be paid on the dates due, in immediately available funds, to the Administrative Agent (or to the Issuing Lender, in the case of fees payable to it) for distribution, in the case of commitment fees and participation fees, to the Lenders entitled thereto. Fees paid shall not be refundable under any circumstances.

  • Certain Benefits Executive will be eligible to participate in all employee benefit programs established by Employer that are applicable to management personnel such as medical, pension, disability and life insurance plans on a basis commensurate with Executive’s position and in accordance with Employer’s policies from time to time, but nothing herein shall require the adoption or maintenance of any such plan.

  • Continuation and Reinstatement, etc Each Guarantor further agrees that its guaranty hereunder shall continue to be effective or be reinstated, as the case may be, if at any time payment, or any part thereof, of any Obligation is rescinded or must otherwise be restored by the Administrative Agent, the Issuing Lenders, any Lender or any other Secured Party upon the bankruptcy or reorganization of the Borrower or a Guarantor, or otherwise.

  • Presentment of Claims and Collection of Proceeds The Master Servicer shall (to the extent provided in the applicable Servicing Agreement) cause the related Servicer to, prepare and present on behalf of the Trustee and the Certificateholders all claims under the Insurance Policies and take such actions (including the negotiation, settlement, compromise or enforcement of the insured's claim) as shall be necessary to realize recovery under such policies. Any proceeds disbursed to the Master Servicer (or disbursed to a Servicer and remitted to the Master Servicer) in respect of such policies, bonds or contracts shall be promptly deposited in the Master Servicer Collection Account upon receipt, except that any amounts realized that are to be applied to the repair or restoration of the related Mortgaged Property as a condition precedent to the presentation of claims on the related Mortgage Loan to the insurer under any applicable Insurance Policy need not be so deposited (or remitted).

  • Payment of Costs and Legal Fees and Reinstatement of Benefits In the event any dispute or controversy arising under or in connection with the Executive’s termination is resolved in favor of the Executive, whether by judgment, arbitration or settlement, the Executive shall be entitled to the payment of (a) all legal fees incurred by the Executive in resolving such dispute or controversy, and (b) any back-pay, including Base Salary, bonuses and any other cash compensation, fringe benefits and any compensation and benefits due to the Executive under this Agreement.

  • Waiver of Prepayment Penalties Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Trust Custodial Account) an amount equal to the amount of the Prepayment Charge not collected; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information on the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

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