Common use of Penalties for Failure to Comply Clause in Contracts

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. 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 XXXXSCMA. c. The employee is entitled to appear personally at the hearing and produce evidence.