Common use of STIPULATED PENALTIES Clause in Contracts

STIPULATED PENALTIES. 88. If Respondent fails, without prior EPA approval, to comply with any of the requirements or time limits set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure), Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14) days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncompliance, and $2,000 per day, per violation, for the 26th day of noncompliance and beyond. 89. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraph. Such Interest shall begin to accrue on the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent’s obligation to complete the performance of the Work required under this Settlement Agreement. 91. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 102, Respondent shall be liable for a stipulated penalty in the amount of $5,000,000. 92. All penalties shall begin to accrue on the day after the complete performance is due, or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall not accrue: 1) with respect to a deficient submission under Section IX (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect to a decision by the Deputy Division Director as provided in Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement Agreement, during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director issues a final decision regarding such dispute or 3) for failure to acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. 93. Following EPA’s determination that Respondent has failed to comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification of the failure and describe the noncompliance. EPA may send Respondent a written demand for payment of the penalties. 94. Respondent shall pay EPA all penalties accruing under this Section within thirty (30) days of Respondent’s receipt from EPA of a demand for payment of the penalties, unless Respondent invokes the dispute resolution procedures under Section XVIII (Dispute Resolution). 95. The payment of penalties shall not alter in any way Respondent’s obligation to complete performance of the Work required under this Settlement Agreement. 96. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved by agreement or by receipt of EPA’s decision. 97. If Respondent fails to pay stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. Nothing in this Settlement Agreement shall be construed as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of Respondent’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX (Reservation of Rights by EPA), Paragraph 102. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement.

STIPULATED PENALTIES. 88. If Respondent fails, without prior EPA approval, to comply with any of the requirements or time limits set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure), Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14a) days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncompliance, and $2,000 per day, per violation, for the 26th day of noncompliance and beyond. 89. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraph. Such Interest shall begin to accrue on the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent’s obligation to complete the performance of the Work required under this Settlement Agreement. 91. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 102, Respondent [INSERT ENTITY NAME] shall be liable for a stipulated penalty in penalties to Chattanooga for violations of this Agreement as specified herein. A violation includes failing to perform any obligation required by this Agreement, including any work plan or schedule approved under this Agreement, according to all applicable requirements of this Agreement, and within the amount of $5,000,000. 92specified time schedules established by or approved under this Agreement. All Stipulated penalties shall begin to accrue on the day after the complete performance is due, due or the day a the violation occurs, whichever is applicable, and shall continue to accrue through until performance is satisfactorily completed on until the final day of the correction of the noncompliance or completion of the activity. However, violation ceases. b) The following stipulated penalties shall not accrue: 1) with respect to a deficient submission under Section IX (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect to a decision by the Deputy Division Director as provided in Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement Agreement, during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director issues a final decision regarding such dispute accrue per violation or 3) for failure to acquire the Canal-side Property pursuant perform per day for each violation of failure to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. 93. Following EPA’s determination that Respondent has failed to comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification perform of the failure requirements identified above or herein: Period of Failure to Comply Penalty per Violation per Day 1st through 15th Day $350 16th through 30th Day $500 31st Day and describe the noncompliancebeyond $1,000 c) [INSERT ENTITY NAME] shall pay any stipulated penalty within sixty (60) days of receiving Chattanooga’s written demand. EPA may send Respondent a written Chattanooga’s demand for payment of the penaltiesstipulated penalties shall identify the particular violation or failure to perform to which the stipulated penalty relates, the amount of stipulated penalty being demanded, the calculation method underlying the demand, and the grounds on which the demand is based. 94d) If [INSERT ENTITY NAME] fails to pay the stipulated penalties according to the terms of this Agreement, [INSERT ENTITY NAME] shall be liable for interest on such penalties, accruing as of the date payment becomes due. Respondent The interest rate shall pay EPA all penalties accruing under this Section within be three (3) percent (%) plus the prime interest rate or the amount allowable by law, whichever is greater. e) If a violation exceeds thirty (30) days of Respondent’s receipt from EPA of a demand for or if [INSERT ENTITY NAME] fails to make payment of any stipulated penalty within sixty (60) days, it shall be grounds for immediate termination of this Agreement by Chattanooga. Chattanooga may terminate this agreement and the penalties, unless Respondent invokes the dispute resolution procedures under Section XVIII (Dispute Resolution). 95. The payment of penalties shall not alter in any way Respondent’s obligation to complete performance termination of the Work required under this Settlement Agreement. 96. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15physical inter-connection(s) days after the dispute is resolved by agreement or by receipt of EPA’s decision. 97. If Respondent fails to pay stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. Nothing in this Settlement Agreement shall be construed as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of Respondent’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX (Reservation of Rights [INSERT ENTITY NAME] WCTS by EPA), Paragraph 102. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreementproviding written notice.

STIPULATED PENALTIES. 8869. If Respondent failsUnless there has been a written modification of a compliance date or other requirement of this Settlement Agreement by the Forest Service, without prior EPA approvalor a force majeure event as defined herein, in the event Respondents fail to comply with timely perform any of the requirements or time limits Work set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure), Respondent shall, upon demand by EPA, Respondents shall pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14) days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, violation for the first seven (7) days week of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, ; $1,000 per day, per violation, violation for the 16th 8th through 25th 14th day of noncompliance, ; and $2,000 2000 per day, per violation, violation for the 26th 15th day of noncompliance and beyond. 89every day thereafter, not including days in dispute resolution. Any such penalty Compliance by Respondents shall accrue as include complete and timely performance of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue each activity required under this Paragraph. Such Interest shall begin to accrue on the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations Settlement Agreement or complete and timely performance of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter all Work described in any way Respondent’s obligation to complete the performance of the Work required plan, statement or deliverable approved under this Settlement Agreement. 9170. In the event that EPA the Forest Service assumes performance of a portion or all of the Work pursuant to Paragraph 10236, Respondent Respondents shall be liable for a stipulated penalty in the amount of $5,000,000500,000. 9271. All penalties shall begin to accrue on the day after the complete performance is due, due or the day a violation occurs, occurs and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activitynoncompliance. However, stipulated penalties shall not accrue: (1) with respect to a deficient submission under Section IX VIII (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect Work to a decision by the Deputy Division Director as provided in Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement Agreementbe Performed), during the period, if any, beginning on the 31st 15th day after the Negotiation Period begins Forest Service’s receipt of such submission until the date that the Deputy Division Director Forest Service notifies Respondents of any deficiency; and (2) with respect to a decision of the Forest Service under Paragraph 59 of Section XVII (Dispute Resolution), during the period, if any, beginning on the 21st day after period for informal negotiations begins until the date the date the Forest Service issues a final decision regarding such dispute or 3) for failure to acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47dispute. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. 9372. Following EPAthe Forest Service’s determination that Respondent has Respondents have failed to comply with a requirement of this Settlement Agreement, EPA may the Forest Service will give Respondent Respondents written notification of the failure and describe the noncompliance. EPA The Forest Service may send Respondent Respondents a written demand for payment of the penalties. 94penalties owed by Respondents pursuant to this Section. Respondent All penalties shall pay EPA all penalties accruing under this Section be paid by wire transfer, or by certified or cashier's check, within thirty (30) days of Respondent’s the date of receipt from EPA of a the demand for payment of by the penaltiesForest Service, unless Respondent invokes Respondents invoke the dispute resolution procedures under of Section XVIII XVII (Dispute Resolution). 95. The payment of penalties Interest shall not alter in any way Respondent’s obligation begin to complete performance accrue on the unpaid balance from the date of the Work required under issuance of the Forest Service’s demand for payment. Interest shall accrue at the rate provided in Paragraph 67 of this Settlement Agreement. Payment shall be made in accordance with the instructions in Paragraph 66 of this Settlement Agreement. 9673. Penalties At the time of payment, Respondents shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved by agreement or by receipt of EPA’s decisionsend notice that payment has been made as provided in Paragraph 17. 9774. If Respondent fails to pay The stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. Nothing set forth in this Settlement Agreement shall be construed as prohibiting, altering, or in any way limiting Section do not preclude the ability of EPA to seek Forest Service from pursuing any other remedies or sanctions that may be available to the Forest Service by virtue reason of Respondent’s violation Respondents’ failure to comply with any of the requirements of this Settlement Agreement or Agreement, nor shall payment of stipulated penalties relieve Respondents of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant responsibility to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for comply with any violation for which a stipulated penalty is provided herein, except in the case of a willful violation requirement of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX (Reservation of Rights by EPA), Paragraph 102Agreement. Notwithstanding any other provision of this Section, EPA the Forest Service may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement. 75. Penalties shall continue to accrue during any dispute resolution period but need not be paid until 15 days after the dispute is resolved by agreement or by receipt of the Forest Service’s decision. If Respondents fail to pay stipulated penalties when due, the Forest Service may institute proceedings to collect the penalties, as well as Interest. 76. The payment of penalties shall not alter in any way Respondents’ obligation to complete performance of the Work required under this Settlement Agreement.

STIPULATED PENALTIES. 88. If Respondent fails, without prior EPA approval, to comply with any 26.1 Unless there has been a written modification of the requirements a compliance date or time limits set forth in or established pursuant to other requirement of this Settlement AgreementAgreement by the RPM, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure)or a force majeure event as defined herein, Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with event P4 fails to meet any requirements requirement of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., P4 shall pay stipulated penalties shall accrue in the amount of $1,500 1,000 per day, per violation, violation for the first fourteen (14) 1st through 14th days of noncompliance, ; $5,000 3,000 per day, per violation, violation for the 15th through 30th day of noncompliance, ; and $10,000 7,500 per day, per violation, violation for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement every day thereafter. Compliance by P4 shall include complete and timely performance of each activity required under this Settlement Agreement including, but not limited to, reimbursement of response costs pursuant to submit progress reports in Paragraph 58.a.Sections XXIII, stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncomplianceXXIV, and $2,000 per day, per violation, for the 26th day XXV or complete and timely performance of noncompliance and beyond. 89. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected all Work or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraph. Such Interest shall begin to accrue on the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter activities described in any way Respondent’s obligation to complete the performance of the Work required plan, statement or Deliverable approved under this Settlement Agreement. 91. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 102, Respondent shall be liable for a stipulated penalty in the amount of $5,000,000. 92. 26.2 All penalties shall begin to accrue on the day after the complete performance is due, due or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall not accrue: (1) with respect to a deficient submission of a Deliverable under Section IX (EPA Approval of Plans and Other Submissions) Work to be Performed), during the period, if any, beginning on the 31st day after EPAthe RPM’s receipt of such submission until the date that EPA the RPM notifies Respondent P4 of any deficiency; , and (2) with respect to a decision by the Deputy Division Director as provided in matter subject to Dispute Resolution (Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement AgreementXXI), during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director reviewing agency issues a final decision regarding such dispute or 3) for failure to acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47dispute. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this the Settlement Agreement. 9326.3 The RPM will advise P4 in writing of any stipulated penalties owed by P4 pursuant to this Section. Following EPA’s determination that Respondent has failed to comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification of the failure and describe the noncompliance. EPA may send Respondent a written demand for payment of the penalties. 94. Respondent All penalties shall pay EPA all penalties accruing under this Section be paid by certified or cashier's check within thirty (30) days of Respondent’s the date of receipt from EPA of a the demand for payment payment, unless P4 has properly disputed such demand or related notice of violation. Interest shall begin to accrue on the unpaid balance at the end of the penalties, unless Respondent invokes thirty (30) day period. Interest shall accrue at the dispute resolution procedures under Section XVIII (Dispute Resolution)rate provided in applicable law. Payment shall be made in accordance with instructions provided by the RPM. 95. The payment of penalties shall not alter in any way Respondent’s obligation to complete performance of the Work required under this Settlement Agreement. 96. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved by agreement or by receipt of EPA’s decision. 97. If Respondent fails to pay stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. 26.4 Nothing in this Settlement Agreement shall be construed considered as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of RespondentP4’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX (Reservation of Rights by EPA), Paragraph 102. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement.to

STIPULATED PENALTIES. 8817. If Respondent failsUpon written demand by the Department, without prior EPA approval, CBE shall pay stipulated penalties to comply with any the Maryland Department of the requirements or time limits set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure), Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14) days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncompliance, and $2,000 per day, per violation, for the 26th day of noncompliance and beyond. 89. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT Environment “Clean Water Fund” in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraph. Such Interest shall begin following criteria: i. If CBE fails to accrue on submit the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent’s obligation to complete the performance of the Work quarterly progress reports required under this Settlement Agreement. 91. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 1025, Respondent or the weekly tracking reports pursuant to Paragraph 14, CBE shall pay $100 per day for each day beyond the required deadline until the requirement is met. ii. If CBE fails to complete installation or maintain the perimeter fence in accordance with Paragraph 9, CBE shall pay $500 per day for each day beyond the required completion date or for each day the fence is not maintained until the requirement is met. iii. If CBE fails to implement the surveillance measures in accordance with Paragraph 10 or fails to eliminate the standing water in accordance with Paragraph 11, CBE shall pay $500 per day for each day until the requirement is met. iv. If CBE fails to eliminate all waste storage exceedances in accordance with Paragraph 12, CBE shall pay $500 per day for each truck, trailer, or roll-off container that exceeds the applicable daily storage limit. For avoidance of any confusion, stipulated penalties under this subsection shall be liable calculated once each calendar day based on the number of trucks, trailers, or roll-off containers at the Facility which exceed the storage limits of Part III.B.10 of the Disposal Permit until the Facility is in compliance with its applicable storage limits. v. If CBE fails to timely submit or otherwise comply with the conditions of an approved Operational Plan in accordance with Paragraph 13, CBE shall pay $500 per day for each day until the requirement is met. 18. Each violation of a provision of this Consent Order is a separate instance of noncompliance subject to a stipulated penalty in the amount of $5,000,000. 92penalty. All stipulated penalties shall begin to accrue on the day after the complete performance is due, was due or on the day a violation occurs, whichever is applicable, and shall continue to accrue through until performance is completed to the final day of the correction of the noncompliance Department’s reasonable satisfaction or completion of the activity. However, stipulated penalties shall not accrue: 1) with respect to a deficient submission under Section IX (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect to a decision by the Deputy Division Director as provided in Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement Agreement, during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director issues a final decision regarding such dispute or 3) for failure to acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47violation ceases. Nothing herein in this Agreement shall prevent the simultaneous accrual of separate stipulated penalties for separate violations of this Settlement AgreementConsent Order. 9319. Following EPA’s determination that Respondent has failed to comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification of the failure and describe the noncompliance. EPA may send Respondent a written demand for payment of the penalties. 94. Respondent CBE shall pay EPA all stipulated penalties accruing under this Section within thirty (30) days of Respondentafter the Department’s receipt from EPA of a written demand. 20. Any demand for payment of the penalties, unless Respondent invokes the dispute resolution procedures under Section XVIII (Dispute Resolution). 95. The payment of stipulated penalties shall not alter in any way Respondent’s obligation to complete performance of the Work required under this Settlement Agreement. 96. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved sent via email and also mailed by agreement or by receipt of EPA’s decision. 97. If Respondent fails to pay stipulated penalties when dueFirst Class U.S. Mail to: Xxxxxx Bay Energy, EPA may institute proceedings to collect the penaltiesLP Attn: Xxxx Xxxxxxxxx, as well as Interest. 98. Nothing in this Settlement Agreement shall be construed as prohibitingSenior Plant Manager 0000 Xxxxxxx Xxxxx Road Baltimore, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of Respondent’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX (Reservation of Rights by EPA), Paragraph 102. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement.MD 21226 Email: xxxxxxxxxx@xxxxxxxxxxxx.xxx

STIPULATED PENALTIES. 8891. If Respondent fails, without prior EPA approval, to comply with any of the requirements or time limits set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 88 through 87 90 above (Force Majeure), Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a59.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14) days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a59.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncompliance, and $2,000 per day, per violation, for the 26th day of noncompliance and beyond. 8992. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- non-compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraphparagraph. Such Interest shall begin to accrue on the first day that payment is overdue. 9093. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent’s obligation to complete the performance of the Work required under this Settlement Agreement. 9194. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 102105, Respondent shall be liable for a stipulated penalty in the amount of $5,000,000. 9295. All penalties shall begin to accrue on the day after the complete performance is due, or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall not accrue: 1) with respect to a deficient submission under Section IX (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect to a decision by the Deputy Division Director as provided in Section XVIII XIX (Dispute Resolution) Paragraph 84 87 of this Settlement Agreement, during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director issues a final decision regarding such dispute or 3) for failure to acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47dispute. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. 9396. Following EPA’s determination that Respondent has failed to comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification of the failure and describe the noncompliance. EPA may send Respondent a written demand for payment of the penalties. 9497. Respondent shall pay EPA all penalties accruing under this Section within thirty (30) days of Respondent’s receipt from EPA of a demand for payment of the penalties, unless Respondent invokes the dispute resolution procedures under Section XVIII XIX (Dispute Resolution). 9598. The payment of penalties shall not alter in any way Respondent’s obligation to complete performance of the Work required under this Settlement Agreement. 9699. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved by agreement or by receipt of EPA’s decision. 97100. If Respondent fails to pay stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. 101. Nothing in this Settlement Agreement shall be construed as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of Respondent’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of this Settlement Agreement or in the event that EPA assumes performance of a portion or all of the Work pursuant to Section XX XXIII (Reservation of Rights by EPA), Paragraph 102105. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement.