Common use of STIPULATED PENALTIES Clause in Contracts

STIPULATED PENALTIES. 11.1 In the event that U.S. DOE fails to submit a primary document pursuant to the appropriate deadline in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which relates to an interim or final response action at an EPA-lead OU, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Part. A stipulated penalty, may be assessed in an amount up to Five Thousand Dollars ($5,000) for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) for each additional week (or part thereof) for which a failure set forth in this Paragraph occurs. 11.2 Upon determining that U.S. DOE has failed in a manner set forth in Paragraph 111, U.S. EPA shall so notify U.S. DOE in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, in fact, occur. U.S. DOE shall not be liable for the stipulated penalty assessed if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 The annual reports required by Section 120 (e) (5) of CERCLA, 42 U.S.C. § 9620 (e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE under this Agreement, each of the following: (a) The facility responsible for the failure; (b) A statement of the facts and circumstances giving rise to the failure; (c) A statement of any administrative action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate; (d) A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 Stipulated penalties assessed pursuant to CERCLA and this Part shall be payable to the Federal Hazardous Substances Response Trust Fund from funds authorized and appropriated for that specific purpose. 11.5 In no event shall this Part give rise to a CERCLA stipulated penalty in excess of the amount set forth in Section 109 of CERCLA, 42 U.S.C. § 9609. 11.6 This Part shall not affect U.S. DOE's ability to obtain an extension of a timetable and deadline or schedule pursuant to Part XIII. 11.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE personally liable for the payment of any stipulated penalty assessed pursuant to this Part. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 In the event that U.S. DOE 21.1 If Navy fails to submit a primary document Primary Document, as listed in Section X (Consultation), to EPA or the Commonwealth pursuant to the appropriate deadline timetable or Deadlines in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which that relates to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this PartNavy. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph Section occurs. The Commonwealth and EPA agree that all stipulated penalties shall be shared equally. 11.2 21.2 Upon determining that U.S. DOE Navy has failed in a manner set forth in Paragraph 111Subsection 21.1, U.S. EPA shall so notify U.S. DOE Navy in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE Navy shall have fifteen (15) 15 days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE Navy shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty, or if dispute resolution is not invoked, the expiration of the time for Navy to invoke dispute resolution. 11.3 21.3 The annual reports required by CERCLA Section 120 (e) (5) of CERCLA120(e)(5), 42 U.S.C. § 9620 (e) (59620(e)(5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE Navy under this Agreement, each of the following: (a) A. The facility responsible for Site where the failurefailure occurred; (b) B. A statement of the facts and circumstances giving rise to the failure; (c) C. A statement of any administrative or other corrective action taken at the relevant facilityAOC or SSA, or a statement of why such measures were determined to be inappropriate; (d) D. A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) E. The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 21.4 Stipulated penalties assessed against Navy pursuant to CERCLA and this Part Section shall be payable to the Federal Hazardous Substances Response Trust Fund from Superfund only in the manner and to the extent expressly provided for in Acts authorizing funds authorized for, and appropriated appropriations to, the DoD. In the event that stipulated penalties become payable by Navy under this Agreement, Navy will seek Congressional approval and authorization to pay such penalties in equal amounts to the federal Hazardous Substances Superfund and to the Commonwealth’s EQB Emergency Account. Any requirement for that specific purposethe payment of stipulated penalties under this Agreement shall be subject to the availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341. 11.5 21.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA109, 42 U.S.C. § 9609, as amended by the Civil Monetary Penalty Inflation Adjustment Rule, 69 Fed. Reg. 7121, 40 C.F.R. Part 19.4, and its implementing regulations. 11.6 21.6 This Part Section shall not affect U.S. DOE's Navy’s ability to obtain an extension of a timetable and deadline timetable, Deadline, or schedule Schedule as set forth in the SMP, pursuant to Part XIIISection XIII (Extensions). 11.7 21.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE Navy personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 A. In the event that U.S. DOE fails to submit a primary document document, as identified in Section XXI (Review/Comment), to EPA and/or TDEC pursuant to the appropriate timetable or deadline in accordance with the requirements of this Agreement, or any extensions granted pursuant to this Agreement, or fails to comply with a term or condition of this Agreement which relates to an interim operable unit or final response action at an EPA-lead OUremedial action, U.S. EPA and/or TDEC may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Part. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars exceed $5,000 ($5,000total amount of EPA and TDEC assessment) for the first week (or part thereof), and up to Ten Thousand Dollars $10,000 ($10,000total amount of EPA and TDEC assessment) for each additional week (or part thereof) for which a failure set forth in this Paragraph Subsection occurs. 11.2 B. Upon determining that U.S. the DOE has failed in a manner set forth in Paragraph 111Subsection A, U.S. above, EPA and/or TDEC shall so notify U.S. DOE in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. then DOE shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. The DOE shall not be liable for the stipulated penalty assessed by EPA or TDEC if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 C. The DOE annual reports report to Congress required by Section 120 (e) (5120(e)(5) of CERCLA, 42 U.S.C. § 9620 (e) (59620(e)(5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE under this Agreement, each of the following: (a) 1. The facility responsible for the failure; (b) 2. A statement of the facts and circumstances giving rise to the failure; (c) 3. A statement of any administrative or other corrective action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate; (d) 4. A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) 5. The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 D. Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable to the Federal Hazardous Substances Response Trust Fund from funds authorized and appropriated for that specific purpose. 11.5 E. Stipulated penalties assessed by TDEC pursuant to this Section shall be payable, as TDEC may direct, to the Tennessee Remedial Action fund, The Tennessee Environmental Protection Fund or the Solid Waste Disposal Site Restoration Fund. F. In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in Section 109 of CERCLA, 42 U.S.C. § 9609. 11.6 G. This Part Section shall not affect U.S. DOE's ability to obtain an extension of a timetable and deadline timetable, deadline, or schedule pursuant to Part XIIISection XXX (Extensions) of this Agreement. 11.7 H. Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 87 In the event that U.S. DOE fails to submit a primary document subject to review and approval by EPA pursuant to the appropriate timetable or deadline in accordance with the requirements of this AgreementAGREEMENT, or fails to properly cure a document as provided in Section XI (Consultation with EPA and the MDNR) or fails to comply with a term or condition of this Agreement which relates to an interim or final response action at an EPA-lead OUAGREEMENT, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Part. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph occurs. 11.2 . 88 Upon determining that U.S. DOE has failed in a manner set forth in Paragraph 11187, U.S. EPA shall so notify U.S. DOE in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on send the other PARTIES a written Notice of Dispute with respect to the question of whether the failure did, did in fact, fact occur. U.S. DOE shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 . 89 The annual reports required by Section 120 (e) (5120(e)(5) of CERCLA, 42 U.S.C. § 9620 (e) (59620(e)(5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE under this AgreementAGREEMENT, each of the following: (a) 89.1 The facility responsible for the failure; (b) 89.2 A statement of the facts and circumstances giving rise to the failure; (c) 89.3 A statement of any administrative or other corrective action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate; (d) 89.4 A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and, (e) 89.5 The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 . 90 Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable to the Federal Hazardous Substances Response Trust Fund from funds authorized and appropriated for that specific purpose. 11.5 . 91 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in Section 109 of CERCLA, 42 U.S.C. § 9609. 11.6 . 92 This Part Section shall not affect U.S. DOE's ability to obtain an extension of a timetable and timetable, deadline or schedule pursuant to Part XIII. 11.7 93 Nothing in this Agreement AGREEMENT shall be construed to render any officer or employee of U.S. DOE personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 21.1 In the event that U.S. DOE the Army fails to submit a primary document Primary Document, as listed in Section X – CONSULTATION, to EPA and the VDEQ pursuant to the appropriate deadline timetable or Deadlines in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which that relates to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe Army. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph Subsection occurs. The VDEQ and EPA agree that all stipulated penalties shall be shared equally. 11.2 21.2 Upon determining that U.S. DOE the Army has failed in a manner set forth in Paragraph 111Subsection 21.1, U.S. EPA or the VDEQ shall so notify U.S. DOE the Army in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Army shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The Army shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 21.3 The annual reports required by CERCLA Section 120 (e120(e)(5) (5) of CERCLA, 42 U.S.C. § 9620 (e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Army under this Agreement, each of the following: (a) 21.3.1 The facility responsible for the failure; (b) 21.3.2 A statement of the facts and circumstances giving rise to the failure; (c) 21.3.3 A statement of any administrative or other corrective action taken at the relevant facilitytaken, or a statement of why such measures were determined to be inappropriate; (d) 21.3.4 A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) 21.3.5 The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 21.4 In the event that stipulated penalties become payable by the Army under this Agreement, the Army will seek Congressional approval and authorization to pay such stipulated penalties in equal amounts to the Federal Hazardous Substances Superfund and to the Virginia Environmental Emergency Response Fund. Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable only in the manner and to the Federal Hazardous Substances Response Trust Fund from extent expressly provided for in Acts authorizing funds authorized for, and appropriated appropriations to, the DoD. Any requirement for that specific purposethe payment of stipulated penalties under this Agreement shall be subject to the availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. Section 1341. 11.5 21.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA, 42 U.S.C. § 9609109. 11.6 21.6 This Part Section shall not affect U.S. DOE's the Army’s ability to obtain an extension of a timetable and deadline timetable, Deadline or schedule Schedule pursuant to Part XIIISection XIII – EXTENSIONS. 11.7 21.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE the Army personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 21.1 In the event that U.S. DOE the Air Force fails to submit a primary document Primary Document, as listed in Section X – CONSULTATION, to EPA pursuant to the appropriate deadline timetable or Deadlines in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which that relates to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe Air Force. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph Subsection occurs. 11.2 21.2 Upon determining that U.S. DOE the Air Force has failed in a manner set forth in Paragraph 111Subsection 21.1, U.S. EPA shall so notify U.S. DOE the Air Force in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Air Force shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The Air Force shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 21.3 The annual reports required by CERCLA Section 120 (e120(e)(5) (5) of CERCLA, 42 U.S.C. § 9620 (e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Air Force under this Agreement, each of the following: (a) 21.3.1 The facility responsible for the failure; (b) 21.3.2 A statement of the facts and circumstances giving rise to the failure; (c) 21.3.3 A statement of any administrative or other corrective action taken at the relevant facilitytaken, or a statement of why such measures were determined to be inappropriate; (d) 21.3.4 A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) 21.3.5 The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 21.4 In the event that stipulated penalties become payable by the Air Force under this Agreement, the Air Force will seek Congressional approval and authorization to pay such stipulated penalties to the Federal Hazardous Substances Superfund. Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable only in the manner and to the Federal Hazardous Substances Response Trust Fund from extent expressly provided for in Acts authorizing funds authorized for, and appropriated appropriations to, the DoD. Any requirement for that specific purposethe payment of stipulated penalties under this Agreement shall be subject to the availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. Section 1341. 11.5 21.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA, 42 U.S.C. § 9609109. 11.6 21.6 This Part Section shall not affect U.S. DOE's the Air Force’s ability to obtain an extension of a timetable and deadline timetable, Deadline or schedule Schedule pursuant to Part XIIISection XIII – EXTENSIONS. 11.7 21.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE the Air Force personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 20.1 In the event that U.S. DOE VA fails to submit a primary document Primary Document, as listed in Section X – CONSULTATION, to EPA and the UDEQ pursuant to the appropriate deadline timetable or Deadlines in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which that relates to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this PartVA. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph Subsection occurs. The UDEQ and EPA agree that all stipulated penalties shall be shared equally. 11.2 20.2 Upon determining that U.S. DOE VA has failed in a manner set forth in Paragraph 111Subsection 20.1, U.S. EPA or the UDEQ shall so notify U.S. DOE VA in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE VA shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE VA shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 20.3 The annual reports required by CERCLA Section 120 (e120(e)(5) (5) of CERCLA, 42 U.S.C. § 9620 (e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE VA under this Agreement, each of the following: (a) 20.3.1 The facility responsible for the failure; (b) 20.3.2 A statement of the facts and circumstances giving rise to the failure; (c) 20.3.3 A statement of any administrative or other corrective action taken at the relevant facilitytaken, or a statement of why such measures were determined to be inappropriate; (d) 20.3.4 A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) 20.3.5 The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 20.4 In the event that stipulated penalties become payable by VA under this Agreement, VA will seek Congressional approval and authorization to pay such stipulated penalties in equal amounts to the Federal Hazardous Substances Superfund and to the Utah Hazardous Substance Mitigation Fund. Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable only in the manner and to the Federal Hazardous Substances Response Trust Fund from extent expressly provided for in Acts authorizing funds authorized for, and appropriated appropriations to, VA. Any requirement for that specific purposethe payment of stipulated penalties under this Agreement shall be subject to the availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. Section 1341. 11.5 20.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA, 42 U.S.C. § 9609109. 11.6 20.6 This Part Section shall not affect U.S. DOE's VA’s ability to obtain an extension of a timetable and deadline timetable, Deadline or schedule Schedule pursuant to Part XIIISection XIII – EXTENSIONS. 11.7 20.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE VA personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 23.1 In the event that U.S. DOE the Navy fails to submit a primary document set forth in this Agreement to EPA pursuant to the appropriate timetable or deadline in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which relates to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe navy. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph occurs. 11.2 23.2 Upon determining that U.S. DOE the navy has failed in a manner set forth in Paragraph 11123.1, U.S. EPA shall so notify U.S. DOE the Navy in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Navy shall have fifteen (15) 15 days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The navy shall not be liable for the stipulated penalty assessed by the EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute disputer resolution procedures related to the assessment of the stipulated penalty. 11.3 23.3 The annual reports required by CERCLA Section 120 (e) (5) of CERCLA120(e)(5), 42 U.S.C. § 9620 (e) (5Section 9620(e)(5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Navy under this Agreement, each of the following: (a) The facility responsible for the failure; (b) A statement of the facts and circumstances giving rise to the failure; (c) A statement of any administrative or other corrective action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate; (d) A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 23.4 Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable to the Federal Hazardous Substances Response Trust Fund from Substance Superfund only in the manner and to the extent expressly provided for in Acts authorizing funds authorized for, and appropriated for that specific purposeappropriations to, the DOD. 11.5 23.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA109, 42 U.S.C. § Section 9609. 11.6 23.6 This Part Section shall not affect U.S. DOE's the navy’s ability to obtain an extension of a timetable and timetable, deadline or schedule pursuant to Part XIIISection XVI, Extensions, of this Agreement. 11.7 23.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE the Navy personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 A. In the event that U.S. DOE the Corps fails to submit a primary document as provided for in Section IX (Consultation) to EPA pursuant to the appropriate timetable or deadline in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which relates is related to an interim or final response action at an EPA-lead OUremedial action, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe Corps. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph occurs. 11.2 B. Upon determining that U.S. DOE the Corps has failed in a manner set forth in Paragraph 111A, U.S. EPA shall so notify U.S. DOE the Corps in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Corps shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The Corps shall not be liable for the stipulated penalty assessed by EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 C. The annual reports required by Section 120 (e) (5120(e)(5) of CERCLA, 42 U.S.C. § 9620 (e) (5), CERCLA shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Corps under this Agreement, each of the following: (a) 1. The facility responsible for the failure; (b) 2. A statement of the facts and circumstances giving rise to the failure; (c) 3. A statement of any administrative or other corrective action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate; (d) 4. A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) 5. The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 D. Stipulated penalties assessed pursuant to CERCLA and this Part Section shall be payable to the Federal Hazardous Substances Response Trust Fund from only in the manner and to the extent expressly provided for in Acts authorizing funds authorized for, and appropriated appropriations to, the Corps for that specific the FUSRAP for this purpose. 11.5 E. In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in Section 109 of CERCLA, 42 U.S.C. § 9609. 11.6 F. This Part Section shall not affect U.S. DOE's the Corps’ ability to obtain an extension of a timetable and timetable, deadline or schedule pursuant to Part XIIISection XX (Extensions) of this Agreement. 11.7 G. Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE the Corps personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 36.1 In the event that U.S. DOE the Air Force fails to submit a primary document set forth in Section VII, Consultation with EPA and the State, in this Agreement to EPA and the State pursuant to the appropriate deadline timetable or deadlines in accordance with the requirements of this Agreement, Agreement or fails to comply with a term or condition of this Agreement which relates to an interim OU or final response action at an EPA-lead OUremedial action, U.S. EPA may assess and the State may demand the assessment of a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe Air Force. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph paragraph occurs. In the event EPA does not assess a stipulated penalty pursuant to a State demand, the matter may be referred to Dispute Resolution, pursuant to Section XIV, Dispute Resolution. 11.2 36.2 Upon determining that U.S. DOE the Air Force has failed in a manner set forth in Paragraph 111Section 36.1, U.S. EPA shall so notify U.S. DOE the Air Force in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Air Force shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The Air Force shall not be liable for the stipulated penalty assessed by the EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 36.3 The annual reports report required by Section CERCLA section 120 (e) (5) of CERCLAe)(5), 42 U.S.C. § 9620 (e9620(e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Air Force under this Agreement, each of the following: (a) The Federal facility responsible for the failure; (b) A statement of the facts and circumstances giving rise to the failure; (c) A statement of any administrative or other corrective action taken at the relevant Federal facility, or a statement of why such measures were determined to be inappropriate; (d) A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 Stipulated penalties assessed pursuant to CERCLA and this Part shall be payable to the Federal Hazardous Substances Response Trust Fund from funds authorized and appropriated for that specific purpose. 11.5 In no event shall this Part give rise to a CERCLA stipulated penalty in excess of the amount set forth in Section 109 of CERCLA, 42 U.S.C. § 9609. 11.6 This Part shall not affect U.S. DOE's ability to obtain an extension of a timetable and deadline or schedule pursuant to Part XIII. 11.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE personally liable for the payment of any stipulated penalty assessed pursuant to this Part. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.

STIPULATED PENALTIES. 11.1 In 21.1 If the event that U.S. DOE Navy fails to submit a primary document Primary Document, as listed in Section X - CONSULTATION, to the EPA and the VDEQ pursuant to the appropriate deadline timetable or Deadlines in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which that relates to an interim or final response action at an EPA-lead OUremedial action, U.S. the EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Partthe Navy. A stipulated penalty, penalty may be assessed in an amount up not to Five Thousand Dollars (exceed $5,000) 5,000 for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) 10,000 for each additional week (or part thereof) for which a failure set forth in this Paragraph Subsection occurs. The VDEQ and the EPA agree that all stipulated penalties shall be shared equally. 11.2 21.2 Upon determining that U.S. DOE the Navy has failed in a manner set forth in Paragraph 111Subsection 21.1, U.S. the EPA or the VDEQ shall so notify U.S. DOE the Navy in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE the Navy shall have fifteen (15) 15 days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, did in fact, fact occur. U.S. DOE The Navy shall not be liable for the stipulated penalty assessed by the EPA if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty. 11.3 21.3 The annual reports required by CERCLA Section 120 (e) (5) of CERCLA120(e)(5), 42 U.S.C. § 9620 (e) (5Section 9620(e)(5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE the Navy under this Agreement, each of the following: (a) A. The facility responsible for the failure; (b) B. A statement of the facts and circumstances giving rise to the failure; (c) C. A statement of any administrative or other corrective action taken at the relevant facilitytaken, or a statement of why such measures were determined to be inappropriate; (d) D. A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and (e) E. The total dollar amount of the stipulated penalty assessed for the particular failure. 11.4 Stipulated 21.4 In the event that stipulated penalties assessed pursuant become payable by the Navy under this Agreement, the Navy will seek Congressional approval and authorization to CERCLA pay such penalties in equal amounts to the federal Hazardous Substances Superfund and to the Virginia Environmental Emergency Response Fund. Any requirement for the payment of stipulated penalties under this Part Agreement shall be payable subject to the Federal Hazardous Substances Response Trust Fund from availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds authorized and appropriated for that specific purposein violation of the Anti-Deficiency Act, 31 U.S.C. Section 1341. 11.5 21.5 In no event shall this Part Section give rise to a CERCLA stipulated penalty in excess of the amount set forth in CERCLA Section 109 of CERCLA109, 42 U.S.C. § Section 9609. 11.6 21.6 This Part Section shall not affect U.S. DOE's the Navy’s ability to obtain an extension of a timetable and deadline timetable, Deadline, or schedule Schedule pursuant to Part XIIISection XII - EXTENSIONS. 11.7 21.7 Nothing in this Agreement shall be construed to render any officer or employee of U.S. DOE the Navy personally liable for the payment of any stipulated penalty assessed pursuant to this PartSection. 11.8 In the event that current and applicable law respecting fines and penalties changes, the Parties agree to meet and negotiate whether modifications to this Part are appropriate. The dispute process in Part IX shall not apply to this issue.