Penalty for Non-Compliance. For users within a single organization, for each month in which the availability of an application server is below an average of 99% as calculated above, ABT will reduce the amounts due and payable to it relating to the affected application Service for such month by 5%. For every additional 1% loss of application server availability below 99% average availability during the same calendar month, ABT will further reduce the amounts due and payable to it relating to the affected application Service for such month by another 5%. The maximum credit for downtime will be 25% of the amount due and payable to ABT for the affected application Service for such month.

Penalty for Non-Compliance. The Parties agree that if prohibited expansion occurs, PLS will be required to undertake additional response actions to return the plume to its original boundaries (e.g., recommencement of purging at particular locations). Defendant is required to comply with all of the remedial objectives of the Consent Judgment, as amended or modified, and any failure by Defendant to do so shall be subject to the assessment of stipulated penalties as provided in Section XVII of the Consent Judgment. Without limiting the foregoing, Plaintiffs agree to modify the remedial objectives for the Western Area, to the performance objective of no further expansion of the 1,4-dioxane above 85 ppb, as provided in Section B.1 above, in reliance on Defendant's agreement to comply with this objective. To ensure compliance, Defendant shall be subject to the assessment of stipulated penalties, as provided in Section XVII of the Consent Judgment, for violation of the no expansion objective (and acknowledgement of such shall be incorporated into Consent Judgment.) Nothing in this paragraph shall limit PLS’ ability to contest the assessment of stipulated penalties as provided in the Consent Judgment.

Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

Penalty for Non-Compliance. A. Generally; insufficient funds. B. Failure to file electronically.

Penalty for Non-Compliance. If a spectator is ejected for these or any reason, they may not attend the next two (2) games played. When such action is taken, the individual must meet with the Diamond Academy Staff prior to returning to any event. In addition, if the manager/coach in attendance has been warned by the official(s) about behavior of a spectator at the game, that manager/coach will also be suspended for one (1) game. When such action is taken, the manager/coach must meet with the Diamond Academy Staff to returning to any event. If a spectator is ejected a second time or acts out physically towards another individual, they will not be allowed to attend any Diamond Academy sports activity for at least one (1) year from the date of the incident. When such action is taken, the individual must meet with the Diamond Academy Staff prior to returning to any event. Any athlete who has suffered any injury to or around the head should be removed from the game/practice and evaluated by a licensed medical provider. Upon examination if a head/neck injury or concussion is suspected, regardless of how mild, or how quickly symptoms clear the child may not return to practice/game without medical clearance. Close observation of the athlete should continue for several hours. “a youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from competition at that time” and “…may not return to play until the child is evaluated by a licensed health care provider trained in the evaluation and management of concussions and receives written clearance to return to play from that health care provider”. You should also inform your child’s coach if you think that your child may have a concussion. Remember it’s better to miss one game than miss the whole season. And when in doubt, the athlete sits out. Children with the signs and symptoms of concussion should be removed from play immediately. Continuing to play with signs and symptoms of a concussion leaves the young athlete especially vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period after that concussion occurs, particularly if the athlete suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (second impact syndrome) with devastating and even fatal consequences. It is well known that adolescent or teenage athletes will often under report symptoms of in...

Penalty for Non-Compliance. Upon your written or email notice to the Company, if availability for the calendar month is below the guaranteed level, Umbrellar will issue a refund to you according to the schedule outlined in the designated service description. Note: monthly fee relates to the fee relevant to the service unavailability only i.e. excludes any other services which may have been invoiced but not impacted by the availability issues. The following availability times are excluding maintenance.

Penalty for Non-Compliance. In any event where the court has the power to impose a penalty for non-compliance, the arbitral tribunal shall have such power as well. Without prejudice to the applicability of Articles 611a to 611h inclusive, in the events referred to in Article 611d, the revocation, the suspension or the reduction of the penalty must be requested from the arbitral tribunal, and if the mandate of the arbitral tribunal is not still in effect, from the provisional relief judge of the district court within whose district the place of arbitration is located.

Penalty for Non-Compliance. For the reasons listed below, special conditions may be imposed, reimbursements may be partially or wholly withheld, the award may be wholly or partly suspended or terminated, or future awards, reimbursements and award modifications may be withheld. DHSEM may institute the following, but is not limited to, withholding authority to proceed to the next phase of a project, requiring additional or more detailed financial reports, additional project monitoring, and/or establish additional prior approvals. DHSEM shall notify the sub-recipient of its decision in writing stating the nature and the reason for imposing the conditions/restrictions, the corrective action required and timeline to remove them, and the method of requesting reconsideration of the imposed conditions/restrictions. The sub- recipient must respond within 5 days of receipt of notification. (a) Unwillingness or inability to attain project goals (b) Unwillingness or inability to adhere to Special Conditions included in this agreement (c) Failure or inability to adhere to grant guidelines and federal compliance requirements (d) Improper procedures regarding contracts and procurements (e) Inability to submit reliable and/or timely reports (f) Management systems which do not meet federal required management standards (g) Failure or inability to adhere to the terms and conditions of this agreement

Penalty for Non-Compliance. Any party in violation of the ORDINANCE FOR THE COLLECTION OF TAX ON 33 OVERNIGHT LODGING by failing to obtain and maintain a lodging permit, when such permit is required, shall be sub- 34 ject to a forfeiture of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00) for each vio- 35 lation. Each room or unit separately rented or offered for rent and each day of such rental or offer for rental of such 36 unit shall be a separate violation. In addition, injunctive relief is hereby authorized to discontinue violation of the 37 aforementioned Ordinance. Any party deemed to have violated the Ordinance shall be obligated to pay the costs of 38 prosecution, in addition to actual attorney fees expended in the enforcement of the Ordinance.

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