PAYMENT OF PENALTIES. Any accrued penalties incurred herein by the Company for failure to act in a timely manner, as described in this Agreement, shall be charged to the Face Amount of the Debenture (as defined in the Debenture), unless specifically noted otherwise. The Holder reserves the rights to take Payment of Penalties in cash or in Common Stock priced at the Fixed Conversion Price (as defined in the Debenture Agreement).
PAYMENT OF PENALTIES. Any accrued penalties incurred herein by the Company for failure to act in a timely manner, as described in this Agreement, shall be charged to the Face Amount of the Debenture (as defined in the Debenture), unless specifically noted otherwise.
PAYMENT OF PENALTIES. Pursuant to Health & Safety Code §25249.7(b), Xxxxxx Xxxx shall pay a total of $12,000.00 in civil penalties.
PAYMENT OF PENALTIES. Each party ("Tax Indemnitor") agrees to pay and to hold the other party harmless against any penalty, interest, or additional tax that may be assessed or levied as a result of the failure or delay of the Tax Indemnitor or its agents to file any return or information required by law, rule or regulation. Each party agrees to provide reasonable assistance to the other party should the other party contest any taxes imposed on it that result from this Agreement.
PAYMENT OF PENALTIES. Except as provided in the proviso below, BNYM shall be obligated to pay on the Fund’s behalf any penalty assessed by the IRS against the Fund due to the late filing of a 1099 or due to an error in filling out a 1099 with information properly furnished by a shareholder (“BNYM Error”); provided, however:
(i) In the event BNYM receives a IRS TIN Communication from the Fund after the Delivery Period but on or before the 60th Day (a “Late Receipt”) and the IRS TIN Communication assesses a penalty against the Fund for a BNYM Error (a “BNYM Penalty”) that BNYM is unable to xxxxx in full, the Fund shall be responsible for payment of the BNYM Penalty if BNYM provides reasonable Documentary Evidence that BNYM was unable to xxxxx the BNYM Penalty in full due to its receipt of the IRS TIN Communication after the expiration of the Delivery Period; provided further, however, notwithstanding the foregoing, if in response to BNYM’s efforts to xxxxx a BNYM Penalty the IRS indicates in an IRS TIN Communication that BNYM will not be permitted to xxxxx the BNYM Penalty due to the nature or some other aspect of the BNYM Error, then BNYM shall be obligated to pay the BNYM Penalty unless the IRS indicates that it will not permit any such abatement efforts due to a series of late responses to IRS TIN Correspondence and the late responses are reasonably related to a series of Late Receipts; and
(ii) In the event BNYM receives an IRS TIN Communication from the Fund after the 60th Day, the Fund shall be responsible for the payment of all penalties that BNYM is unable to xxxxx in full.
PAYMENT OF PENALTIES. Penalties due according to the above provisions shall be invoiced by DBSI and paid by SSTL within 30 days of the tenth of the month following the date of receipt of the invoice.
PAYMENT OF PENALTIES. Pursuant to Health & Safety Code §25249.7(b), Red Steer shall pay a total of $13,000.00 in civil penalties.
PAYMENT OF PENALTIES. Pursuant to Health & Safety Code §25249.7(b), Vanroden shall pay a total of
PAYMENT OF PENALTIES a. County shall withhold penalties from the Contractor's quarterly FRALS Support funds for any penalty under this Agreement based on the Contractor’s monthly performance reports. The parties shall make a good faith effort to resolve any disputes within a 30‐ day period. If the parties are unable to mutually resolve the dispute within that 30‐day period, the funds shall be withheld in full and subsequent funds distribution shall be adjusted to reflect the resolution of the dispute.
b. Failure by the County to assess or impose any penalties at any point, for any reason, does not impact County’s right to do so in the future for the same or other incidents; however, County may not impose penalties retroactively greater than three (3) months after discovery and completion of its investigation of the incident causing penalties.
c. Fire service penalty money under this agreement will be set aside in an account created by the County for eventual increases in the number of FRALS units or other projects that enhanced Fire EMS response. Requests shall be reviewed by a panel of three, including the EMS Director and two fire chiefs selected by the Alameda County Fire Chiefs Association who are not involved in the matter being considered for funding.
PAYMENT OF PENALTIES. A shift worker will be entitled to the following penalty rates in respect of the shifts that they work as follows: Monday to Friday 15% for rostered duty performed on a shift where any part of the shift falls between the hours of 7.00 pm and 7.00 am. Monday to Friday 30% for rostered duty performed on a shift where an employee is rostered on shifts for more than four continuous weeks that fall wholly within the hours of 6.00 pm and 8.00 am. Saturday 50% for that part of a shift that falls between midnight Friday and midnight Saturday. Sunday 100% for that part of a shift that falls between midnight Saturday and midnight Sunday. APS holiday 150% for any part of a shift that falls on that day. Public holidays and the Saturday following Good Friday 150% for any part of a shift that falls on that day. The Secretary may approve, in consultation with employees and where they choose their representatives, payment of an annual shift allowance in lieu of penalty rates. The allowance will be calculated by averaging the shift conditions (including penalty rates) provided in this clause F.16. A shift allowance under this subclause F.16.4 is payable during periods of annual leave, but no other leave. Where an employee attends a training course, or is required to perform duties away from their usual workplace on a day where they would ordinarily be rostered to undertake a shift, they will receive the same penalty rates as if they had performed their rostered shift. Where such duty is undertaken on a day the shift worker is rostered off, overtime is payable. The penalty rates outlined in subclause F.16.3 will not be payable where an employee is on leave, other than annual leave as per clause F.16.7. Penalty rates will be payable to an employee who is on annual leave where the penalty for a shift, had the employee worked, would have been at least 17.5%. Penalties payable for periods of annual leave will be paid at 50% of the ordinary penalty rate payable.
