Remedies and Penalties. The actions the Company will take as a result of any breach of this Agreement, including non payment for Service(s), Excessive Consumption, Installation, and/or Site Survey may include suspension, cancellation or termination of this Agreement, at the sole option and discretion of the Company. The Company does not issue any credits for accounts cancelled due to breach by the Subscriber of any term or condition of this Agreement. The Company reserves the right to refuse service to anyone at anytime for any reason. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, the Subscriber shall be held liable for any and all costs incurred by the Company as a result of the violation of any terms and conditions of this Agreement. This includes, but is not limited to, legal fees and costs resulting from responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $150 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Usenet message sent, plus $10 per complaint received. These rates are subject to change at any time without prior notification.
Remedies and Penalties. Civil Remedies
Remedies and Penalties. In the event this Contract is terminated as provided for in this section, the Owner shall be entitled:
i. To pursue the same remedies against the Company as it could pursue in the event of a breach of this Contract by the Company;
ii. As a penalty, in addition to any other damages to which the Owner may be entitled by law, to exemplary damages in an amount as determined by the Owner which shall not be less than three nor more than ten times the costs incurred by the Company in providing any such gratuities to any such officer or employee; and
iii. The rights and remedies of the Owner provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under any other provision of this Contract.
Remedies and Penalties. (a) Issuance and enforcement of orders
(1) The Administrator or his delegate shall have the authority to issue and enforce orders during proceedings brought under this chapter. Such authority shall include the authority to issue subpenas, administer oaths, compel the at- tendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated individual competent to administer oaths, and to examine witnesses.
(2) Whenever on the basis of any information available to him the Administrator finds that any person subject to section 9151 of this title is in violation of any provision of this chapter or any rule, regulation, order, license, or term or condition thereof, or other requirements under this chapter, he may issue an order requiring such person to comply with such provision or re- quirement, or bring a civil action in accordance with subsection (b) of this section.
(3) Any compliance order issued under this subsection shall state with reasonable specific- ity the nature of the violation and a time for compliance, not to exceed 30 days, which the Ad- ministrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
Remedies and Penalties. The actions the Company will take as a result of any breach of this Agreement, including non payment for Service(s), Excessive Consumption, Installation, and/or Site Survey may include suspension, cancellation or termina tion of this Agr eement, at th e sole op tion and discretion of the Co mpany. The Company do es not issue any credits for accounts cancelled due to breach by the Subscriber of any term or condition of this Agreement. The Company reserves the right to refuse service to anyone at a nytime for a ny reason. I n addition to any other fees and penalties that may be assessed by the Company, as provided herein, the Subscriber shall be he ld liable for any and all cos ts incurred by the Company as a result of the violation of any terms and conditions of this Agreement. This includes, but is not limited to, legal f ees a nd costs resulting from res ponses to co mplaints from and the cl eanup of u nsolicited com mercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for responses to complaints a nd cl eanup of unsoli cited comm ercial maili ngs and/or unau thorized bulk mailings and/or news s erver violations is $150 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Usenet message sent, plus $10 per complaint received. These rates are subject to change at any time without prior notification.
Remedies and Penalties a. The MBTA may periodically check usage at a Parking Facility. Any discrepancies between usage and gross receipts as verified by MBTA will cause a penalty to be due of twice the monetary amount of the discrepancy between usage and gross receipts.
b. Should inspection by MBTA staff determine that the required maintenance of the facilities and/or equipment have not been adhered to, Contractor will be fined TWO HUNDRED AND 00/100 Dollars ($200.00) per incident, per day from date of inspection to the date the problem is cured.
c. Should inspection by MBTA staff determine that the required cleaning of the facilities was not performed at a required location, Contractor will be assessed a fine of no more than TWO HUNDRED AND 00/100 Dollars ($200.00) per day commencing from two (2) days after notice to the day the Contractor cures such contract violation.
d. Should inspection by MBTA staff determine that the required trash removal was not performed at a required location, Contractor will be assessed a fine of no less than TWO HUNDRED AND 00/100 Dollars ($200.00) per day, per incident commencing from two (2) days after notice to the day the Contractor cures such contract violation.
e. Should inspection by MBTA staff determine that the required mulching and landscaping was not performed at a required location, Contractor will be assessed a fine of no less than TWO HUNDRED AND 00/100 Dollars ($200.00) per day, per facility commencing from May 15 to the day Contractor cures such contract violation.
f. Should Contractor fail to complete the restriping and renumbering as per the plan approved by the MBTA, Contractor will be assessed a fine of no more than TWO HUNDRED AND 00/100 Dollars ($200.00) per day commencing from two (2) days after notice to the day the Contractor cures such contract violation.
g. Should inspection by MBTA staff determine that adequate staffing was not adhered to, Contractor Formatted: Bullets and Numbering will be assessed a fine of no less than TWO HUNDRED AND 00/100 Dollars ($200.00) per incident per facility. Formatted: Bullets and Numbering
h. Should inspection by MBTA staff determine that Contractor has failed to comply with attendance and staffing requirements in Exhibit A Scope of Work, Contractor will be assessed a fine of no more than TWO HUNDRED AND 00/100 Dollars ($200.00) for each incident of failure of attendance.
Remedies and Penalties. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts canceled due to breach by the subscriber of any term or condition of this contract. The Company reserves the right to refuse service to anyone at any time for any reason. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorney's' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $150 per hour, with a minimum one (1) hour charge, plus $1 for each bulk-email or Use net message sent, plus $1 per complaint received. These rates are subject to change at any time without notification.
Remedies and Penalties. A person violating this article shall be subject to a fine of $500.00. Any person violating any of the requirements of this article shall be guilty of a separate offense for each day or portion thereof and for each worker or person as to which any such violation has occurred.
Remedies and Penalties. In the event this Contract is terminated as provided for in this section, the Owner shall be entitled:
i. To pursue the same remedies against the Company as it could pursue in the event of a breach of this Contract by the Company;
ii. As a penalty, in addition to any other damages to which the Owner may be entitled by law, to exemplary damages in an amount as determined by the Owner which shall not be less than three nor more than ten times the costs incurred by the Company in providing any such gratuities to any such officer or employee; and
Remedies and Penalties. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to breach by the subscriber of any term or condition of this contract. The Company reserves the right to refuse service to anyone at anytime for any reason. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, the Subscriber shall be held liable for any and all costs incurred by the Company as a result of the Subscriber’s violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorney's' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
