Common use of STIPULATED PENALTIES Clause in Contracts

STIPULATED PENALTIES. If Xxxxxxx Energy Center fails to comply with any requirement in paragraphs 1.A or 1.B and does not receive an exemption under paragraph 1.C. of this Consent Agreement, Xxxxxxx Energy Center will be in violation of this consent agreement and shall pay stipulated penalties according to the following schedule. The penalties set forth below are per day penalties, which are to be assessed beginning with the first day of the violation. The Department has the discretion to waive or defer any stipulated penalties. Period of Noncompliance Penalty 1st through 30th day $100.00 a day 31st through 60th day $500.00 a day Beyond 61 days $1,000.00 a day All penalties shall be paid within 45 calendar days of the date of notice of noncompliance. All penalties shall be paid by a check made payable to “Franklin County Treasurer, as custodian for the Franklin County School Fund”, and delivered to Accounting Program Department of Natural Resources P.O. Box 477 Jefferson City, Missouri 65201-0477 If any violation of this Consent Agreement is also enforceable by another agreement or regulatory requirement, the Department agrees that it may only seek to enforce either the stipulated penalties discussed in this paragraph, or the penalty for the violation of the other specified regulatory requirement, not both, against Xxxxxxx Energy Center. Penalty payments under this Order, including any stipulated penalties, are penalties within the meaning of Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. § 162(f)(1), and 26 C.F.R. § 1.162-21(a)(3)(i). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2)(iii)(A), certain costs incurred by performance of this Order may qualify as restitution, remediation, or costs required to come into compliance with the law. Xxxxxxx Energy Center is solely responsible for providing to the Department complete, accurate, and necessary information by the close of any applicable tax year to complete a Form 1098-F. Further, the Department shall not be responsible for any incomplete or inaccurate information nor the results of any tax audit. No portion of any penalties paid pursuant to this Order may be used to reduce any federal or state tax obligations, except as authorized by the Internal Revenue Service. Upon request of Xxxxxxx Energy Center, the Department may in its unreviewable discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties.

STIPULATED PENALTIES. If Xxxxxxx Energy Center Sikeston Power Station fails to comply with any requirement in paragraphs 1.A or 1.B and does not receive an exemption under paragraph 1.C. of this Consent Agreement, Xxxxxxx Energy Center Sikeston Power Station will be in violation of this consent agreement and shall pay stipulated penalties according to the following schedule. The penalties set forth below are per day penalties, which are to be assessed beginning with the first day of the violation. The Department has the discretion to waive or defer any stipulated penalties. Period of Noncompliance Penalty 1st through 30th day $100.00 a day 31st through 60th day $500.00 a day Beyond 61 days $1,000.00 a day All penalties shall be paid within 45 calendar days of the date of notice of noncompliance. All penalties shall be paid by a check made payable to “Franklin Scott County Treasurer, as custodian for the Franklin Scott County School Fund”, and delivered to Accounting Program Department of Natural Resources P.O. Box 477 Jefferson City, Missouri 65201-0477 If any violation of this Consent Agreement is also enforceable by another agreement or regulatory requirement, the Department agrees that it may only seek to enforce either the stipulated penalties discussed in this paragraph, or the penalty for the violation of the other specified regulatory requirement, not both, against Xxxxxxx Energy CenterSikeston Power Station. Penalty payments under this Order, including any stipulated penalties, are penalties within the meaning of Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. § 162(f)(1), and 26 C.F.R. § 1.162-21(a)(3)(i). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2)(iii)(A), certain costs incurred by performance of this Order may qualify as restitution, remediation, or costs required to come into compliance with the law. Xxxxxxx Energy Center Sikeston Power Station is solely responsible for providing to the Department complete, accurate, and necessary information by the close of any applicable tax year to complete a Form 1098-F. Further, the Department shall not be responsible for any incomplete or inaccurate information nor the results of any tax audit. No portion of any penalties paid pursuant to this Order may be used to reduce any federal or state tax obligations, except as authorized by the Internal Revenue Service. Upon request of Xxxxxxx Energy CenterSikeston Power Station, the Department may in its unreviewable discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties.

STIPULATED PENALTIES. If Xxxxxxx Xxxxxx Xxxx Energy Center fails to comply with any requirement in paragraphs 1.A or 1.B and does not receive an exemption under paragraph 1.C. of this Consent Agreement, Xxxxxxx Xxxxxx Xxxx Energy Center will be in violation of this consent agreement and shall pay stipulated penalties according to the following schedule. The penalties set forth below are per day penalties, which are to be assessed beginning with the first day of the violation. The Department has the discretion to waive or defer any stipulated penalties. Period of Noncompliance Penalty 1st through 30th day $100.00 a day 31st through 60th day $500.00 a day Beyond 61 days $1,000.00 a day All penalties shall be paid within 45 calendar days of the date of notice of noncompliance. All penalties shall be paid by a check made payable to “Franklin Randolph County Treasurer, as custodian for the Franklin Randolph County School Fund”, and delivered to Accounting Program Department of Natural Resources P.O. Box 477 Jefferson City, Missouri 65201-0477 If any violation of this Consent Agreement is also enforceable by another agreement or regulatory requirement, the Department agrees that it may only seek to enforce either the stipulated penalties discussed in this paragraph, or the penalty for the violation of the other specified regulatory requirement, not both, against Xxxxxxx Xxxxxx Xxxx Energy Center. Penalty payments under this Order, including any stipulated penalties, are penalties within the meaning of Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. § 162(f)(1), and 26 C.F.R. § 1.162-21(a)(3)(i). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2)(iii)(A), certain costs incurred by performance of this Order may qualify as restitution, remediation, or costs required to come into compliance with the law. Xxxxxxx Xxxxxx Xxxx Energy Center is solely responsible for providing to the Department complete, accurate, and necessary information by the close of any applicable tax year to complete a Form 1098-F. Further, the Department shall not be responsible for any incomplete or inaccurate information nor the results of any tax audit. No portion of any penalties paid pursuant to this Order may be used to reduce any federal or state tax obligations, except as authorized by the Internal Revenue Service. Upon request of Xxxxxxx Xxxxxx Xxxx Energy Center, the Department may in its unreviewable discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties.

STIPULATED PENALTIES. If Xxxxxxx Xxxx Xxxxxx Energy Center fails to comply with any requirement in paragraphs 1.A or 1.B and does not receive an exemption under paragraph 1.C. of this Consent Agreement, Xxxxxxx Xxxx Xxxxxx Energy Center will be in violation of this consent agreement and shall pay stipulated penalties according to the following schedule. The penalties set forth below are per day penalties, which are to be assessed beginning with the first day of the violation. The Department has the discretion to waive or defer any stipulated penalties. Period of Noncompliance Penalty 1st through 30th day $100.00 a day 31st through 60th day $500.00 a day Beyond 61 days $1,000.00 a day All penalties shall be paid within 45 calendar days of the date of notice of noncompliance. All penalties shall be paid by a check made payable to “Franklin Greene County Treasurer, as custodian for the Franklin Greene County School Fund”, and delivered to Accounting Program Department of Natural Resources P.O. Box 477 Jefferson City, Missouri 65201-0477 If any violation of this Consent Agreement is also enforceable by another agreement or regulatory requirement, the Department agrees that it may only seek to enforce either the stipulated penalties discussed in this paragraph, or the penalty for the violation of the other specified regulatory requirement, not both, against Xxxxxxx Xxxx Xxxxxx Energy Center. Penalty payments under this Order, including any stipulated penalties, are penalties within the meaning of Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. § 162(f)(1), and 26 C.F.R. § 1.162-21(a)(3)(i). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2)(iii)(A), certain costs incurred by performance of this Order may qualify as restitution, remediation, or costs required to come into compliance with the law. Xxxxxxx Xxxx Xxxxxx Energy Center is solely responsible for providing to the Department complete, accurate, and necessary information by the close of any applicable tax year to complete a Form 1098-F. Further, the Department shall not be responsible for any incomplete or inaccurate information nor the results of any tax audit. No portion of any penalties paid pursuant to this Order may be used to reduce any federal or state tax obligations, except as authorized by the Internal Revenue Service. Upon request of Xxxxxxx Xxxx Xxxxxx Energy Center, the Department may in its unreviewable discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties.

STIPULATED PENALTIES. If Xxxxxxx Rush Island Energy Center fails to comply with any requirement in paragraphs 1.A or 1.B and does not receive an exemption under paragraph 1.C. of this Consent Agreement, Xxxxxxx Rush Island Energy Center will be in violation of this consent agreement and shall pay stipulated penalties according to the following schedule. The penalties set forth below are per day penalties, which are to be assessed beginning with the first day of the violation. The Department has the discretion to waive or defer any stipulated penalties. Period of Noncompliance Penalty 1st through 30th day $100.00 a day 31st through 60th day $500.00 a day Beyond 61 days $1,000.00 a day All penalties shall be paid within 45 calendar days of the date of notice of noncompliance. All penalties shall be paid by a check made payable to “Franklin Jefferson County Treasurer, as custodian for the Franklin Jefferson County School Fund”, and delivered to Accounting Program Department of Natural Resources P.O. Box 477 Jefferson City, Missouri 65201-0477 If any violation of this Consent Agreement is also enforceable by another agreement or regulatory requirement, the Department agrees that it may only seek to enforce either the stipulated penalties discussed in this paragraph, or the penalty for the violation of the other specified regulatory requirement, not both, against Xxxxxxx Rush Island Energy Center. Penalty payments under this Order, including any stipulated penalties, are penalties within the meaning of Section 162(f)(1) of the Internal Revenue Code, 26 U.S.C. § 162(f)(1), and 26 C.F.R. § 1.162-21(a)(3)(i). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 1.162-21(b)(2)(iii)(A), certain costs incurred by performance of this Order may qualify as restitution, remediation, or costs required to come into compliance with the law. Xxxxxxx Rush Island Energy Center is solely responsible for providing to the Department complete, accurate, and necessary information by the close of any applicable tax year to complete a Form 1098-F. Further, the Department shall not be responsible for any incomplete or inaccurate information nor the results of any tax audit. No portion of any penalties paid pursuant to this Order may be used to reduce any federal or state tax obligations, except as authorized by the Internal Revenue Service. Upon request of Xxxxxxx Rush Island Energy Center, the Department may in its unreviewable discretion impose a lesser penalty or no penalty at all for violations subject to stipulated penalties.