STIPULATED PENALTIES. Unless the noncompliance is excused under Section XII (Force Majeure), Respondents are liable to EPA for the following stipulated penalties: for any failure: (i) to pay any amount due under Section XI; (ii) [to establish and maintain financial assurance in accordance with Section IX]; (iii) [to establish any escrow account required under ¶ 52]; (iv) to submit timely or adequate deliverables, including [list major deliverables and compliance milestones]: for any failure to submit timely or adequate deliverables required by this Settlement other than those specified in ¶ 54.a: Work Takeover Penalty. If EPA commences a Work Takeover under ¶ 25, Respondents are liable for a stipulated penalty in the amount of $________. This stipulated penalty is in addition to the remedy available to EPA under ¶ 35 (Access to Financial Assurance).
Appears in 3 contracts
Samples: Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study, Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study, Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study
STIPULATED PENALTIES. Unless the noncompliance is excused under Section XII XIII (Force Majeure), Respondents are liable to EPA for the following stipulated penalties: for any failure: (i1) to pay any amount due under Section XIXII; (ii2) [to establish and maintain financial assurance in accordance with Section IXX]; (iii3) [to establish any escrow account required under ¶ 5259]; (iv4) to submit timely or adequate deliverables, including specifically [list major deliverables and compliance milestones]: for any failure to submit timely or adequate deliverables required by this Settlement other than those specified in ¶ 54.a61.a: Work Takeover Penalty. If EPA commences a Work Takeover under ¶ 2531, Respondents are liable for a stipulated penalty in the amount of $________. [This stipulated penalty is in addition to the remedy available to EPA under ¶ 35 41 (Access to Financial Assurance).]
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement