Penalties for non conformity of production
9.1. The approval granted in respect of an IWVTA type pursuant to this Regulation may be withdrawn if the requirements are not complied with or if a vehicle bearing the type approval marking does not conform to the IWVTA type approved.
9.2. If a Contracting Party applying this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation by means of a communication form conforming to the example in Annex 1.
Penalties for non conformity of production
12.1. The approval granted in respect of an Enhanced child restraint system pursuant to this Regulation may be withdrawn if an Enhanced child restraint system bearing the particulars referred to in paragraph 5.4. of this Regulation fails to pass the random checks described in paragraph 9. above or does not conform to the type approved.
12.2. If a Party to the Agreement which applies this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation by means of a communication form conforming to the model in Annex 1 to this Regulation.
Penalties for non compliance with contractual obligations
Penalties for non conformity of production
20.1. The approval granted in respect of an AECD type pursuant to this Regulation may be withdrawn if the requirement laid down in paragraph 19.1. above is not complied with or if the AECD fails to pass the checks prescribed in paragraph 19.2. above.
20.2. If a Contracting Party to the Agreement which applies this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation by means of a copy of the approval form bearing at the end, in large letters, the signed and dated annotation "APPROVAL WITHDRAWN".
Penalties for non conformity of production
10.1. The approvals granted pursuant to this Regulation may be withdrawn if the requirements laid down in Annex 6 are not complied with.
10.2. If a Party to the Agreement applying this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation, by means of the Communication specified in Annex 5 to this Regulation.
Penalties for non compliances with the regulations related to the protection of occupational health and safety.
8.10.1. Without prejudice to the right to terminate the Contract, and without prejudice to the claim for damages, in relation to any non-compliance concerning the protection of health and safety in the workplace, ENEL shall be entitled (at its sole discretion) to impose the penalties detailed below, upon notification to the Supplier by registered letter with acknowledgement of receipt:
a) CLP 200,000 (two hundred thousand Chilean pesos) for each non-compliance qualified as “SERIOUS”, according to the table in clause 11 of the General Part of these General Contracting Terms and Conditions.
b) CLP 400,000 (four hundred thousand Chilean pesos) for each non-compliance qualified as “VERY SERIOUS”, according to the table in clause 11 of the General Part of these General Contracting Terms and Conditions.
8.10.2. If the non-compliances mentioned in sections a) and b) and the “EXTREMELY SERIOUS” non-compliances cause accidents or personal injury, ENEL reserves the right to impose (at its sole discretion) an additional penalty of up to 2% of the total value of the Contract and, in any of the cases, not less than CLP 400,000 (four hundred thousand Chilean pesos).
Penalties for non. Under Performance (Phase-2)
43.1. A maximum level of performance penalties is established and described in this section 9 Event of default and termination as per Clause 35& 36 of this section of RFP respectively and the consequences as provided in Clause 37 of this section of RFP
43.2. Performance Penalty for not meeting a measurement parameter for any two months in consecutive quarters shall result in twice the penalty percentage of that respective measurement parameter in the third quarter for all the three months.
43.3. Maximum Penalty applicable for any quarter shall not exceed 10% of the ‘applicable fees’ for the respective quarter.
43.4. Three consecutive quarterly deductions of 10 % of the applicable fee on account of any reasons shall be deemed to be an event of default and termination as per Clause 36 of this Section of RFP respectively and the consequences as provided in Clause 37 of this section of RFP shall follow.
43.5. The payment to the agency shall be on Quarterly basis however the penalty shall be calculated on monthly basis as per the SLAs stated in the RFP.
Penalties for non conformity of production
7.1. The approval granted in respect of an engine type or an engine family pursuant to this Regulation may be withdrawn if the requirements set forth in paragraph 6.1. above are not met or if an engine or an engine family bearing the approval xxxx does not conform to the type approved.
7.2. If a Contracting Party to the 1958 Agreement applying this Regulation withdraws an approval it has previously granted, it shall forthwith so notify the other Contracting Parties applying this Regulation, by means of a communication form conforming to the model in Annex 2 to this Regulation.
Penalties for non compliances of the regulations related to the protection of the environment and occupational health and safety.
8.5.1. As established in section 11 of the General Part of these General Contracting Terms and Conditions, such acts will be punishable, depending on their qualification. Without prejudice to the provisions of the General Part, the acts listed below will also be punishable. General provisions Lack of monthly notification to ENEL of accident statistics relating to the Contract. Non-compliance regarding employees' work days and rest periods. Undue manipulation of temporary structures, protections or shelters belonging to ENEL or to third parties. Non-compliance with the provisions contained in the Health and Safety Plan prepared by the Customer or the specific Supplier. Absence/incomplete procurement of a work permit (when required by current legislation on occupational health and safety or as required by ENEL). Manipulation or modification of scaffolding provided by ENEL. Electrical works Lack of qualification of the relevant provisions for health and safety necessary for the performance of electrical work. When working on electrical installations, inadequate qualification of the worker. Driving of Vehicles or Motorcycles Non-compliance with local traffic regulations: Speeding, Failure to use a safety belt, Failure to use a safety helmet when riding a motorcycle, among others. Not having cameras in the vehicles or not sending the images (in the contractually defined services). Work in confined spaces Failure/partial compliance with the legislation on health and safety and ENEL regulations on the prevention of specific risks to those who are exposed in enclosed spaces, according to the classification by ENEL. Non-existent/insufficient training and education of employees. Underwater works Non-existent/insufficient education and training and non-existent/insufficient qualifications of employees.
8.5.2. Without prejudice to the right to terminate the Contract, and without prejudice to a claim for damages, in relation to any non-compliance concerning the protection of health and safety in the workplace, ENEL shall be entitled (at its sole discretion) to impose the penalties detailed below, upon notification to the Supplier by registered letter with acknowledgement of receipt:
a) COP 560,000 (five hundred and sixty thousand Colombian pesos) for each non-compliance qualified as “SERIOUS”, according to the table in clause 11 of the General Part of these G...
Penalties for non. Compliance If Gabian Technology and its partners causes mail delivery delays in excess of the parameters defined above for 2 hours or more in any given month, Gabian Technology and its partners will reduce the amounts due and payable to it relating to the Exchange Hosting Service for such month by 5% for each mailbox affected. For every additional 2 hours of delay of email service during the same calendar month, Gabian Technology and its partners will further reduce the amounts due and payable to it relating to the Exchange Hosting Service by another 5% of the original price charged for such month. The maximum credit per month for message delays will be 15%. Service, and will make its best commercial efforts to protect against SMTP borne viruses and other computer software threats. Gabian Technology and its partners anti‐virus protection has proven highly effective since its deployment; however, due to the rapidly evolving nature of viruses, Trojan Horses, and other email‐borne security issues, Gabian Technology and its partners can make no guarantees against these types of threats. Protection Against Spam Gabian Technology and its partners provides anti‐spam filtering as part of the Exchange Hosting Service, and will make its best commercial efforts to protect against unwanted emails. The Advanced Spam Firewall is an integrated hardware and software solution for complete protection of your mailbox. Although this system has proven highly effective, Gabian Technology and its partners cannot make any guarantees in the system’s filtering efficiency.
