Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract.
(2) In the event that the School District determines, after investigation, that the Architectural Designer or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer or any Subconsultant pursuant to Board Policy No. 621.
(3) The Architectural Designer or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice.
(4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer the sums due.
Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract.
(2) In the event that the School District determines, after investigation, that the Material Testing Consultant or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Material Testing Consultant or any Subconsultant pursuant to Board Policy No. 621.
(3) The Material Testing Consultant or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice.
(4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Material Testing Consultant the sums due.
Penalties for Failure to Comply. The arbitrator will impose penalties for failure to comply with this subsection. These penalties will be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator determines the issue against the noncomplying party.
a. The arbitration hearing is held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee is represented by SCMA, and counsel chosen by XXXX.
c. The employee is entitled to appear personally at the hearing and produce evidence.
Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract.
(2) In the event that the School District determines, after investigation, that the MEP & FP Engineer or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the MEP & FP Engineer or any Subconsultant pursuant to Board Policy No. 621.
(3) The MEP & FP Engineer or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice.
(4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the MEP & FP Engineer the sums due.
Penalties for Failure to Comply. The arbitrator will impose penalties for failure to comply with this subsection. These penalties will be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(1) Exclude evidence.
(2) Continue the hearing at any stage.
(3) Upon proof of a willful or repeated violation, the arbitrator will determine the issue against the non-complying party.
a. The arbitration hearing will be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee will be represented by the Association.
c. The employee will be entitled to appear personally at the hearing and produce evidence.
Penalties for Failure to Comply. The arbitrator may impose penalties for failure to comply with this subsection. These penalties are based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(a) Exclusion of evidence;
(b) Continuing the hearing at any stage; or
(c) Upon proof of a willful or repeated violation, the arbitrator will determine the issue against the non-complying party.
a. The arbitration hearing is held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee may be represented by XXXX
x. The employee must appear personally at the hearing.
Penalties for Failure to Comply. (a) It is hereby agreed that failure to comply and demonstrate best efforts to comply with the foregoing requirements shall constitute a substantial breach of this Contract.
(b) In the event that the School District determines, after investigation, that the ESCO or Subcontractor, as the case may be, has failed to comply with any provision of this Conract, and to demonstrate best efforts to comply, the School District may, in its sole discretion, invoke the termination provisions of the Contract (Article GC-14) or move to disqualify, suspend or debar the ESCO or Subcontractor pursuant to Board Policy No. 621, a copy of which is included in the Bidding Documents.
(c) The ESCO or Subcontractor, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice.
(d) In the event the School District, after a hearing, determines to terminate this Contract, or any Subcontract entered into under this Contract, for noncompliance with and failure to demonstrate best efforts to comply with the terms of this Contract, all obligation on the part of the School District’s part to perform this Contract shall cease, save only the obligation to pay the ESCO the sums due, including the retained amounts for all articles delivered or work done, or for all articles or equipment for which the ESCO may be liable to the date of such termination.
Penalties for Failure to Comply with the delivery deadline
Penalties for Failure to Comply. The arbitrator shall impose penalties for failure to comply with this subsection. These penalties shall be based upon the seriousness of the failure to comply, the good or bad faith of the non-complying party, and the extent to which the non-compliance results in surprise to the requesting party and handicaps the requesting party in preparing the case. The following penalties may be imposed:
(1) Exclusion of evidence;
(2) Continuing the hearing at any stage; or
(3) Upon proof of a willful or repeated violation, the arbitrator shall determine the issue against the noncomplying party.
a. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing may be a private or public hearing as determined by the employee.
b. The employee shall be represented by the Union and counsel chosen by the Union.
c. The employee shall be entitled to appear personally at the hearing and produce evidence.
