Common use of Penalty Determination Clause in Contracts

Penalty Determination. Health and Safety Code § 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this Agreement, is summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provisions being applied is this case are Health and Safety Code sections 43008.6 and 43016, because COMOTO sold, offered for sale, and/or advertised the subject non-California certified aftermarket parts that were not exempted pursuant to Vehicle Code sections 27156 and 38391 and California Code of Regulations, title 13, sections 2220 et seq. and 2470 et seq. The penalty provisions of Health and Safety Code sections 43008.6 and 43016 apply to violations of the Aftermarket Parts Regulations because the Regulations were adopted under authority of Health and Safety Code section 43013, which is in Part 5 of Division 26 of the Health and Safety Code. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or vehicle basis for the penalty. The per unit penalty in this case for violations that occurred prior to January 1, 2017, is a maximum of $500 per unit per violation. The per unit penalty in this case for violations that occurred on or after January 1, 2017, is a maximum of $37,500 per unit per violation. The penalty obtained in this case is $250 per unit for 7,750 Subject Parts. This reflects the fact that this was a first time violation for COMOTO, and COMOTO fully cooperated with the investigation. Whether the penalty is being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the uncertified aftermarket parts. However, since the aftermarket parts were not certified for sale in California, emissions attributable to them are illegal and excess as well. In the interest of settlement and because of the time and expense involved, the parties elected not to do such testing.

Penalty Determination. Health and Safety Code § section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this Agreement, is summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provisions being applied is in this case are Health and Safety Code sections 43008.6 and 43016, because COMOTO ONYX sold, offered for sale, and/or advertised the subject non-California certified aftermarket parts that Subject Parts which were not exempted pursuant to Vehicle Code sections 27156 and 38391 and California Code of Regulations, title 13, sections 2220 et seq. and 2470 et seq. The penalty provisions of Health and Safety Code sections 43008.6 and 43016 apply to violations of the Aftermarket Parts Regulations because the Regulations were adopted under authority of Health and Safety Code section 43013, which is in Part 5 of Division 26 of the Health and Safety Code. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or vehicle basis for the penalty. The per unit penalty in this case for violations that occurred prior to January 1, 2017, is a maximum of $500 500.00 per unit per violation. The per unit penalty in this case for violations that occurred on or after January 1, 2017, is a maximum of $37,500 37,500.00 per unit per violation. The penalty obtained in this case is $250 250.00 per unit for 7,750 1,124 Subject Parts. This reflects the fact that this was a first time alleged violation for COMOTO, ONYX; ONYX responded in good faith and COMOTO fully expeditiously in its efforts to correct the alleged violations; and ONYX cooperated with the investigation. Whether the penalty is being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the uncertified aftermarket non-exempted add-on or modified parts. However, since the aftermarket parts were not certified exempted for sale in California, emissions attributable to them are illegal and excess as well. In the interest of settlement and because of the time and expense involved, the parties elected not to do such testing.

Penalty Determination. Health and Safety Code § 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this Agreement, is summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provisions being applied is this case are Health and Safety Code sections 43008.6 and 43016, because COMOTO VMP sold, offered for sale, and/or advertised the subject non-California certified aftermarket parts Subject Parts that were not exempted pursuant to Vehicle Code sections 27156 and 38391 and California Code of Regulations, title 13, sections 2220 et seq. and 2470 et seq. The penalty provisions of Health and Safety Code sections 43008.6 and 43016 apply to violations of the Aftermarket Parts Regulations because the Regulations were adopted under authority of Health and Safety Code section 43013, which is in Part 5 of Division 26 of the Health and Safety Code. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or vehicle basis for the penalty. The per unit penalty in this case for violations that occurred prior to January 1, 2017, is a maximum of five hundred dollars ($500 500) per unit per strict liability violation. The per unit penalty in this case for violations that occurred on or after January 1, 2017, is a maximum of thirty-seven thousand five hundred dollars ($37,500 37,500) per unit per strict liability violation. The penalty obtained in this case is two hundred thirty dollars ($250 230) per unit for 7,750 158 Subject Parts. This reflects the fact that this was a first time violation for COMOTO, and COMOTO fully cooperated VMP; VMP’s cooperation with the investigation; and VMP was able to substantiate financial hardship circumstances. Whether the penalty is being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the uncertified aftermarket partsSubject Parts. However, since the aftermarket parts Subject Parts were not certified for sale in California, emissions attributable to them are illegal and excess as well. In the interest of settlement and because of the time and expense involved, the parties The Parties elected not to do such testing.

Penalty Determination. Health and Safety Code § 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this Agreement, is summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provisions being applied is this case are Health and Safety Code sections 43008.6 and 43016, because COMOTO AZ OFFROAD sold, offered for sale, and/or advertised the subject non-California certified aftermarket parts that were not exempted pursuant to Vehicle Code sections 27156 and 38391 and California Code of Regulations, title 13, sections 2220 2222 et seq. and 2470 2471 et seq. The penalty provisions of Health and Safety Code sections 43008.6 and 43016 apply to violations of the Aftermarket Parts Regulations because the Regulations were adopted under authority of Health and Safety Code section 43013, which is in Part 5 of Division 26 of the Health and Safety Code. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or vehicle basis for the penalty. The per unit penalty in this case for violations that occurred prior to January 1, 2017, is a maximum of five hundred dollars ($500 500) per unit per violation. The per unit penalty in this case for violations that occurred on or after January 1, 2017, is a maximum of $37,500 per unit per strict liability violation. The penalty obtained in this case is approximately forty-three dollars ($250 43) per unit for 7,750 two hundred thirty (230) Subject Parts. This reflects the fact that this was a first time violation for COMOTOAZ OFFROAD, and COMOTO AZ OFFROAD fully cooperated with the investigation, and AZ OFFROAD was able to substantiate financial hardship circumstances. Whether the penalty is being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the uncertified aftermarket parts. However, since the aftermarket parts were not certified for sale in California, emissions attributable to them are illegal and excess as well. In the interest of settlement and because of the time and expense involved, the parties elected not to do such testing.