Common use of Sector Manager Actions in Response to Apparent Breach Clause in Contracts

Sector Manager Actions in Response to Apparent Breach. The sector manager shall 2 monitor the members’ compliance with the terms and conditions of this agreement. If the sector 3 manager becomes aware of an apparent breach of this agreement by a member, the sector 4 manager shall investigate the matter, and if the sector manager concludes that a member has 5 breached this agreement, the sector manager shall notify such member of the apparent breach and 6 (if such breach is reasonably susceptible of cure) provide such member with an opportunity to 7 cure the breach. If such member fails to demonstrate to the sector manager, in the sector 8 manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 9 time period directed by the sector manager, taking into account the magnitude of the breach and 10 the potential consequences of the breach for the sector and the other members, the sector manager 11 shall notify the member in writing that the sector manager is referring the alleged breach to the 12 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged 13 breach and the proposed liquidated damages. If during the investigation, notice and cure period 14 described above, the sector manager concludes it is necessary for the protection of the interests 15 of the sector and its members, the sector manager may issue a “Stop Fishing Order” (Section 16) 16 to the member in apparent breach, and if such member fails to cause the vessels harvesting its 17 harvest share to immediately stop fishing, the sector manager may take any action he/she deems 18 necessary including without limitation, self-help or court action which may include the seeking 19 of injunctive relief.

Sector Manager Actions in Response to Apparent Breach. The sector manager shall 2 5 monitor the members’ compliance with the terms and conditions of this agreement. If the sector 3 6 manager becomes aware of an apparent breach of this agreement by a member, the sector 4 7 manager shall investigate the matter, and if the sector manager concludes that a member has 5 8 breached this agreement, the sector manager shall notify such member of the apparent breach and 6 9 (if such breach is reasonably susceptible of cure) provide such member with an opportunity to 7 10 cure the breach. If such member fails to demonstrate to the sector manager, in the sector 8 11 manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 9 12 time period directed by the sector manager, taking into account the magnitude of the breach and 10 13 the potential consequences of the breach for the sector and the other members, the sector manager 11 14 shall notify the member in writing that the sector manager is referring the alleged breach to the 12 15 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged 13 16 breach and the proposed liquidated damages. If during the investigation, notice and cure period 14 described above, the sector manager concludes it is necessary for the protection of the interests 15 18 of the sector and its members, the sector manager may issue a “Stop Fishing Order” (Section 16) 16 19 to the member in apparent breach, and if such member fails to cause the vessels harvesting its 17 20 harvest share to immediately stop fishing, the sector manager may take any action he/she deems 18 21 necessary including without limitation, self-help or court action which may include the seeking 19 22 of injunctive relief.

Sector Manager Actions in Response to Apparent Breach. The sector manager shall 2 monitor the members’ compliance with the terms and conditions of this agreement. If the sector 3 manager becomes aware of an apparent breach of this agreement by a member, the sector 4 manager shall investigate the matter, and if the sector manager concludes that a member has 5 breached this agreement, the sector manager shall notify such member of the apparent breach and 6 (if such breach is reasonably susceptible of cure) provide such member with an opportunity to 7 cure the breach. If such member fails to demonstrate to the sector manager, in the sector 8 manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 9 time period directed by the sector manager, taking into account the magnitude of the breach and 10 the potential consequences of the breach for the sector and the other members, the sector manager 11 shall notify the member in writing that the sector manager is referring the alleged breach to the 12 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged 13 breach and the proposed liquidated damages. If during the investigation, notice and cure period 14 described above, the sector manager concludes it is necessary for the protection of the interests 15 of the sector and its members, the sector manager may issue a “Stop Fishing Order” (Section 16) 16 to the member in apparent breach, and if such member fails to cause the vessels harvesting its 17 harvest share to immediately stop fishing, the sector manager may take any action he/she deems 18 necessary including without limitation, self-help or court action which may include the seeking 19 of injunctive relief.

Sector Manager Actions in Response to Apparent Breach. The sector manager shall 2 28 monitor the members’ compliance with the terms and conditions of this agreement. If the sector 3 29 manager becomes aware of an apparent breach of this agreement by a member, the sector 4 30 manager shall investigate the matter, and if the sector manager concludes that a member has 5 31 breached this agreement, the sector manager shall notify such member of the apparent breach and 6 32 (if such breach is reasonably susceptible of cure) provide such member with an opportunity to 7 33 cure the breach. If such member fails to demonstrate to the sector manager, in the sector 8 34 manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 9 35 time period directed by the sector manager, taking into account the magnitude of the breach and 10 36 the potential consequences of the breach for the sector and the other members, the sector manager 11 37 shall notify the member in writing that the sector manager is referring the alleged breach to the 12 38 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged 13 39 breach and the proposed liquidated damages. If during the investigation, notice and cure period 14 40 described above, the sector manager concludes it is necessary for the protection of the interests 15 41 of the sector and its members, the sector manager may issue a “Stop Fishing Order” (Section 16) 16 42 to the member in apparent breach, and if such member fails to cause the vessels harvesting its 17 43 harvest share to immediately stop fishing, the sector manager may take any action he/she deems 18 44 necessary including without limitation, self-help or court action which may include the seeking 19 45 of injunctive relief.