Stipulated Payments In Lieu of Penalties Sample Clauses

Stipulated Payments In Lieu of Penalties. If stipulated payments in lieu of penalties are warranted under section 2.5, the stipulated payment amount shall be as follows for each unit of Product for which CEH produces a test result with Lead levels exceeding 200 ppm for the lining or 600 ppm for exterior surfaces: First Occurrence: $1,250 Second Occurrence: $1,500 Third Occurrence: $1,750 Thereafter: $2,500 4 Notwithstanding the foregoing, the maximum stipulated payment amount in a calendar year, regardless of the number of units of Product tested by CEH with exceedances of the Lead levels set forth in this Agreement, shall be $5,000.
AutoNDA by SimpleDocs
Stipulated Payments In Lieu of Penalties. In the event that FAO should distribute, ship or sell any Products into California during the term of this Agreement without complying with either Option A or Option B as set forth in subsections 2.2.1 and 2.2.2, FAO shall pay to CEH, in lieu of penalties, a stipulated payment in an amount to be determined in accordance with the following schedule: First Occurrence: $1,250 Second Occurrence: $1,500 Third Occurrence: $1,750 Thereafter: $2,500 per occurrence For purposes of this Agreement, an “Occurrence” shall consist of a shipment into California of a discreet commercial lot or unit of first aid kits containing Products, not each package of Products or each individual first aid kit. Notwithstanding the foregoing, the maximum stipulated payment amount in any calendar year shall be limited to $5,000.
Stipulated Payments In Lieu of Penalties. If stipulated payments 6 in lieu of penalties are warranted under section 2.4, the stipulated payment amount shall be as 7 follows for each “Occurrence” of SAS selling a Product containing Listed Phthalates 8 manufactured after the Compliance Date: 9 First Occurrence: $250 10 Second Occurrence: $500 11 Third Occurrence: $750 12 Thereafter: $1.000 13 CEH shall have the burden of proving noncompliance. As used in this section 2.4.1, an

Related to Stipulated Payments In Lieu of Penalties

  • Payment of Stipulated Penalties EPA may send Purchaser a demand for stipulated penalties. The demand will include a description of the noncompliance and will specify the amount of the stipulated penalties owed. Purchaser may initiate dispute resolution under Section XIII regarding the demand. Purchaser shall pay the amount demanded or, if Purchaser initiates dispute resolution, the uncontested portion of the amount demanded, within 30 days after receipt of the demand. Purchaser shall pay the contested portion of the penalties determined to be owed, if any, within 30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand or uncontested portion, if late, and; (b) the contested portion of the penalty demand determined to be owed, if any, must include an additional amount for Interest accrued from the date of receipt of the demand through the date of payment. Purchaser shall make payment at xxxxx://xxx.xxx.xxx using the link for “EPA Miscellaneous Payments Cincinnati Finance Center,” including a reference to the CERCLA docket number and Site/Spill ID number listed in ¶ 92, and the purpose of the payment. Purchaser shall send a notice of this payment to DOJ and EPA. The payment of stipulated penalties and Interest, if any, does not alter any obligation by Purchaser under this Settlement. Nothing in this Settlement limits the authority of the United States: (a) to seek any remedy otherwise provided by law for Purchaser’s failure to pay stipulated penalties or interest; or (b) to seek any other remedies or sanctions available by virtue of Purchaser’s noncompliance with this Settlement or of the statutes and regulations upon which it is based including penalties under section 106(b) of CERCLA provided, however, that the United States may not seek civil penalties under section 106(b) for any noncompliance for which a stipulated penalty is provided herein, except in the case of a willful noncompliance with this Settlement or in the event that EPA assumes performance of a portion or all of the Work pursuant to ¶ 30 (Work Takeover). Notwithstanding any other provision of this Section, the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued under this Settlement.

  • Shift Penalties (1) In addition to an employee’s ordinary salary (including higher duties allowance), the employee is entitled to the highest penalty rate for shiftwork that applies to the performance of shiftwork set out in the following table: Rostered time of ordinary duty Penalty rate (% of employee’s hourly rate of salary) Ordinary duty, any part being between 6:00 pm and 6:30 am 15% Ordinary hours worked continuously for a period exceeding 4 weeks on a shift falling wholly within the period from 6:00 pm to 8:00 am 30% Ordinary duty, Saturday 50% Ordinary duty, Sunday 100% Ordinary duty, public holiday 150%

  • Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, Xxxxxx and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.

  • Prepayment Penalties 4. Any provisions in your consumer credit contract, loan, security, or account agreements that are determined to be inconsistent with or contradictory to these disclosures or the MLA (as they may be changed or amended from time to time) are inapplicable with regard to this loan. However, all other terms and conditions of the consumer credit contract shall remain in full force and effect.

  • - FINANCIAL PENALTIES By virtue of the Financial Regulation applicable to the general budget of the European Communities, any beneficiary declared to be in grave breach of his obligations shall be liable to financial penalties of between 2% and 10% of the value of the grant in question, with due regard for the principle of proportionality. This rate may be increased to between 4% and 20% in the event of a repeated breach in the five years following the first. The beneficiary shall be notified in writing of any decision by the Commission to apply such financial penalties.

  • Maximum Statutory Penalties 8. Defendant understands that the charge to which he is pleading guilty carries the following statutory penalties:

  • CONTRACTUAL PENALTIES 1. Should the Accommodated Person fail to pay the price for the accommodation in the agreed amount, by the due date and under the correct variable symbol, he/she is obliged to pay interest on late payments under Section 10(2) of Act No. 176/2004 Coll., on the Disposal of the Property of Public Institutions and the Amendment to Act No. 259/1993 of the National Council of the Slovak Republic, on the Slovak Forestry Chamber, as amended by Act No. 464/2002 Coll., as amended. In addition, he/she is obliged to pay a contractual penalty (even if the contractual obligations are breached not through a fault of the Accommodated Person, e.g., by error of the financial institution) in the amount of 0.3 % of the amount due for each day of delay. The agreement regarding the contractual penalty shall not affect the Landlord’s entitlement to demand compensation for damages. Both entitlements can be exercised by the Landlord concurrently. Both the contractual penalty and the interest on late payments are to be paid via a separate bank transfer to the Landlord’s account stated in Article I in the “Landlord” section hereof (separately from the price for the accommodation).

  • Statutory Penalties The defendant understands that upon his plea of guilty to Count One of the indictment charging him with conspiracy, the maximum penalty the Court may impose is not more than five years of imprisonment, a $250,000.00 fine, three years of supervised release, an order of restitution, and a $100.00 mandatory special assessment which must be paid in full at the time of sentencing. The defendant further understands that this offense is a Class D felony.

  • STIPULATED PENALTIES OIG may assess:

  • Prohibited Payments The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!