Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal proceeding related to this Agreement, the non- 7 prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 with the proceeding.
Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement shall, be limited to the amounts set forth on the Schedule of Penalties plus all costs, fees and expenses, including attorney fees, incurred by the Sector or, in a case in which the Sector does not take enforcement action, by the Members bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule of Penalties addresses such matter, the Members and the Sector hereby waive any claims to actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this Agreement. In connection with any legal proceeding related to this Agreement, the non-prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated with the proceeding.
Penalties and Attorneys’ Fees. 23 Penalties for any violations of this Agreement shall, be limited to the amounts set forth on 24 the Schedule of Penalties plus all costs, fees and expenses, including attorney fees, 25 incurred by the Sector or, in a case in which the Sector does not take enforcement action, 26 by the Members bringing such action, in enforcing the provisions of this Agreement.
Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement shall, to the extent addressed in the Schedule of Penalties, be limited to the amounts set forth on the Schedule of Penalties plus all costs, fees and expenses, including attorneys fees, incurred by the Sector or, in a case in which the Sector does not take enforcement action, by the Members bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule of Penalties addresses such matter, the Members and the Sector hereby waive any claims to actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this Agreement. In connection with any legal proceeding related to this Agreement, the non- prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated with the proceeding.
Penalties and Attorneys’ Fees. 7.05.1. The Penalty Schedule for the fishing season is established in Exhibit A.
7.05.2. To extent the Penalty Schedule applies, the Sector and its Members waive any claims to actual, direct, or indirect damages, and instead agree that payment of the penalty amounts set forth on the Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this Agreement, except that each non-violating Member retains the right to seek indemnification against the Sector or its Members for any damages incurred by that non-violating Member due to its joint and several liability under this Agreement.
7.05.3. Any penalties imposed by this Agreement shall be in addition to, and not instead of, any other potential federal or state penalties imposed upon that Member.
7.05.4. In connection with any judicial proceeding related to this Agreement, the non- prevailing party shall pay the prevailing party’s reasonable attorneys fees and costs of litigation associated with the proceeding.
Penalties and Attorneys’ Fees. 29 Penalties for any violations of this Agreement shall, be limited to the amounts set forth on 30 the Schedule of Penalties plus all costs, fees and expenses, including attorney fees, 31 incurred by the Sector or, in a case in which the Sector does not take enforcement action, 32 by the Members bringing such action, in enforcing the provisions of this Agreement. 34 To the extent the Schedule of Penalties addresses such matter, the Members and the 35 Sector hereby waive any claims to actual, direct, or indirect damages, and instead agree 36 that payment of the amounts set forth on the Schedule of Penalties and costs of 37 enforcement shall be their sole remedy for breaches of this Agreement. 39 In connection with any legal proceeding related to this Agreement, the non-prevailing 40 party shall pay the prevailing party’s reasonable costs and attorney’s fees associated with 41 the proceeding. 42
Penalties and Attorneys’ Fees. 14 Penalties for any violations of this Agreement shall, be limited to the amounts set 15 forth on the Schedule of Penalties plus all costs, fees and expenses, including attorney 16 fees, incurred by the Sector or, in a case in which the Sector does not take 17 enforcement action, by the Members bringing such action, in enforcing the provisions 18 of this Agreement. 19 20 To the extent the Schedule of Penalties addresses such matter, the Members and the 21 Sector hereby waive any claims to actual, direct, or indirect damages, and instead 22 agree that payment of the amounts set forth on the Schedule of Penalties and costs of 23 enforcement shall be their sole remedy for breaches of this Agreement. 24 25 In connection with any legal proceeding related to this Agreement, the non-prevailing 26 party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 27 with the proceeding. 28 29 5.10. Application of Fines, Penalties, and Damages 31 All penalties, fines and/or other damages paid to the Sector shall, first, be applied to 32 the cost of enforcement of such violations and, second, any remaining amounts shall 33 be applied to the costs and expenses of the administration, management and 34 preservation of the Sector. 35 36 Any funds remaining after the application of the foregoing sentence shall be used to 37 further research into efficient management of groundfish stocks for the benefit of the 38 resource and those that harvest the resource. 39
Penalties and Attorneys’ Fees. Penalties for any violations of this 13 proceeding.
Penalties and Attorneys’ Fees. 14 Penalties for any violations of this Agreement shall, be limited to the amounts set 15 forth on the Schedule of Penalties plus all costs, fees and expenses, including attorney 16 fees, incurred by the Sector or, in a case in which the Sector does not take 17 enforcement action, by the Members bringing such action, in enforcing the provisions 18 of this Agreement. 19 20 To the extent the Schedule of Penalties addresses such matter, the Members and the 21 Sector hereby waive any claims to actual, direct, or indirect damages, and instead 22 agree that payment of the amounts set forth on the Schedule of Penalties and costs of 23 enforcement shall be their sole remedy for breaches of this Agreement. 24 25 In connection with any legal proceeding related to this Agreement, the non-prevailing 26 party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 27 with the proceeding. 28 29 5.10. Application of Fines, Penalties, and Damages 31 All penalties, fines and/or other damages paid to the Sector shall, first, be applied to 32 the cost of enforcement of such violations and, second, any remaining amounts shall 33 be applied to the costs and expenses of the administration, management and 34 preservation of the Sector. 35 36 Any funds remaining after the application of the foregoing sentence shall be used to 37 further research into efficient management of groundfish stocks for the benefit of the 38 resource and those that harvest the resource. 39 40 5.11. Appeal from Committee Decision 41 42 If the Committee has determined that a Member has violated this Agreement or 43 makes any other determination with respect to a Member under this Agreement 44 (including, specifically, without limitation section on catch verification), such 45 violating Member shall have five business days following the date of the Committee’s 1 determination to request reconsideration of the enforcement or other action and/or 2 propose an alternative form of penalty. 3 4 Such request shall be made in writing and shall be addressed to the Board. 5 6 The Board may, in its sole discretion, grant or deny any request for reconsideration 7 and may, in its sole discretion, approve or disapprove any alternative form of penalty; 8 provided, that the Board shall exercise all reasonable efforts to ensure that penalties 9 and settlements are commensurate with the nature and extent of the violation, are 10 designed to further the purposes of the Plan are uniform with those ...
