Penalty Clauses. The penalties imposed for violation of service agreement clauses shall be notified by IIMC as per the terms indicated. The SERVICE PROVIDER shall be given 5 business working days to respond to the levying of penalties and submit representations if any. The representations shall be suitably considered by IIMC and decision taken shall be final and binding. The penalties imposed shall be deductible from payments due to service provider and/or from the Security Deposit. In the event the payments due to the SERVICE PROVIDER and the security deposit available with IIMC falls short of the total penalty recoverable from the SERVICE PROVIDER whether on account of the quantum of loss caused by the workmen of the SERVICE PROVIDER or otherwise, the SERVICE PROVIDER shall, on first written demand by IIMC pay to IIMC without demur or dispute the said sum as per IIMC’s demand notwithstanding the pendency of any investigation/inquiry/legal proceedings whatsoever before any Court/ Tribunal/Authority etc. The amount of loss determined by IIMC shall be final and binding on the SERVICE PROVIDER.
Penalty Clauses i. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee.
ii. In case of supply of defective item found in respect of packaging or lebelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.
Penalty Clauses. 4.1 XGT assumes no liability arising from penalty or liquidated damage clauses of any kind, written or implied, unless approved in writing by XGT's duly authorized representative.
Penalty Clauses. Maha-Metro can impose the fine on Licensee up to Rs.5,000/- per offence on the following offenses: -
(i.) Any staff of Licensee found in drunken condition/indulging in bad conduct. (ii.) Any staff of the Licensee found creating nuisance. (iii.) Defacement of the Metro Property. (iv.) Dishonour of Cheques and Drafts submitted by Licensee to Maha-Metro. Cheques will be accepted only in emergency conditions & with the approval of Maha-Metro by official not below the rank of Additional General Manager.
Penalty Clauses. Further, DMRC can impose the fine on Licensee up to Rs.5,000/- per offence per instance on the following offenses: -
a) Any staff conduct. of Licensee found in drunken condition/indulging in bad
b) Any staff of the Licensee found creating nuisance.
c) Improper maintenance & defacement of the Metro Property.
d) Dishonor of Cheques and Drafts submitted by Licensee to DMRC. Cheques will be accepted only in emergent conditions & with the approval of DMRC by official not below the rank of HOD.
e) Misbehavior with staff and commuters of DMRC.
f) Not following safety and security norms as may be indicated by authorized representative of DMRC.
a) The option to impose fine, penalty, etc. under this License Agreement shall be exercised by DMRC official not below the rank of Deputy HOD of Property Business Department.
Penalty Clauses. Maha-Metro can impose the fine on Licensee up to Rs.5,000/- per offence on the following offenses: -
a. Any staff of Licensee found in drunken condition/indulging in bad conduct.
b. Any staff of the Licensee found creating nuisance.
c. Improper maintenance & defacement of the Metro Property.
d. Dishonour of Cheques and Drafts submitted by Licensee to Maha-Metro. Cheques will be accepted only in emergency conditions & with the approval of Maha-Metro by official not below the rank of Additional General Manager.
e. Misbehaviour with staff and commuters of Maha-Metro.
f. Not following safety and security norms as may be indicated by authorized representative of Maha-Metro.
g. Utilizing advertisements at locations other than that approved by Maha-Metro.
h. Non-submission of monthly statement of advertisement area at respective xxxxx xxxxxxx.
i. Vacant panels i.e. without mounted display/advertisement/filler/display of Maha-Metro at any time after completion of fitment period.
j. infringe into the Maha-Metro premises.
Penalty Clauses. It is possible that a Luxembourg court (if having jurisdiction) would consider for instance Section 9.03 (c) of the Credit Agreement whereby the Company may be obliged to pay additional interest on the related Euro-Dollar loan at a rate per annum determined by the relevant Lender as a penalty clause (clause pénale). Penalty clauses (clauses pénales), and similar clauses on damages or liquidated damages, as governed by article 1152 and articles 1226 et seq. of the Luxembourg civil code are allowed to the extent that they provide for a reasonable level of damages. The Luxembourg judge (if competent) has however the right to reduce (or increase) the amount thereof if it is unreasonably high (or low). The provisions of article 1152 and articles 1226 et seq. of the Luxembourg civil code are generally considered to be a point of public policy under Luxembourg law. It is possible that a Luxembourg court would consider them to be a point of international public policy that would set aside the relevant foreign governing law.
Penalty Clauses. The Agreement does not contain penalty clauses for the violation of commitments undertaken through the Agreement.
Penalty Clauses. 14.1 In case the line is suspended due to the Subscriber, and in particular because he fails to meet one of the obligations set forth in Article 7, the suspension fee should remain due until the termination of the present agreement.
14.2 Overall charges and expenses, of any kind, resulting from delayed payment, suspension and reactivation of the line, or termination of agreement, fall to the Subscriber if the suspension or the termination occurs due to him, in particular if he fails to meet any of his obligations provided in Articles 7, and 10 herein.
Penalty Clauses. 1. At an assessment of insufficiency (4), by the office-manager or Supervisor in Suriname, the contractor will have to pay a fine of Euro 50, -, to the client.
2. An assessment of unsuitability (2), the contractor will have to pay a penalty of EURO 100, - to the client.
3. If the contractor passes his / her account onto to third parties, there will be a penalty payable of Euro 200, - to the client.
4. If the contractor asks for private contact with customers offsite, the contractor will be charged with a penalty of EURO 5.000, - to pay the client.
5. If the contractor makes himself guilty of identical messages and / or copy paste and / or date controls and / or date's confirmed, he / she will be owning a fine of Euro 100, - to the client.
6. Contractor is incorporated properly and afterwards cannot rely on an incorrect training process. If the contractor fails to comply with the rules that are given during the training process, he / she will be liable to pay a fine of Euro 50, - to the client.
