Common use of Stipulated Penalty Clause in Contracts

Stipulated Penalty. If any amounts due to EPA under Paragraph 11 (Payment by Settling Parties for Past Response Costs) are not paid by the required date, Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, in addition to the Interest required by Paragraph 16 (Interest on Late Payments), $______ per violation per day that such payment is late. [If Settling Parties do not comply with [insert reference to any non-payment obligations, including Section XII (Property Requirements)], Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, $______ per violation per day of such noncompliance.]13 Stipulated penalties are due and payable within 30 days after the date of demand for payment of the penalties by EPA. Settling Parties shall identify all payments to EPA under this Paragraph as “stipulated penalties,” shall reference Site/Spill ID Number ______ and the EPA docket number for this action, and shall make payment by Fedwire Electronic Funds Transfer (EFT) to: Federal Reserve Bank of New York ABA = 000000000 Account = 00000000 SWIFT address = XXXXXX00 00 Xxxxxxx Xxxxxx New York, NY 10045 Field Tag 4200 of the Fedwire message should read “D 68010727 Environmental Protection Agency” [NOTE: Regions may substitute instructions for payment by ACH or online payment to the EPA account through xxxxx://xxx.xxx.xxx. If Settling Parties have difficulty making EFT or online payments, Regions may substitute the following: Settling Parties shall identify all payments to EPA under this Paragraph as “stipulated penalties” and shall make payment by official bank check made payable to “EPA Hazardous Substance Superfund.” The check, or a letter accompanying the check, shall identify the name and address of the part(ies) making payment, the Site name, Site/Spill ID Number ______, and the EPA docket number of this action and shall be sent to: U.S. Environmental Protection Agency Superfund Payments Cincinnati Finance Center

Stipulated Penalty. If any amounts due to EPA under Paragraph 11 (Payment by Settling Parties for Past Response Costs) are not paid by the required date, Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, in addition to the Interest required by Paragraph 16 15 (Interest on Late Payments), $______ per violation per day that such payment is late. [If Settling Parties do not comply with [insert reference to any non-payment obligations, including Section XII (Property Requirements)], Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, $______ per violation per day of such noncompliance.]13 Stipulated penalties are due and payable within 30 days after the date of demand for payment of the penalties by EPA. Settling Parties shall identify make all payments at xxxxx://xxx.xxx.xxx using the following instructions: enter “sfo 1.1” in the search field to EPA under this Paragraph as “stipulated penalties,” shall reference access EPA’s Miscellaneous Payment Form - Cincinnati Finance Center. Complete the form including the Site Name, docket number, and Site/Spill ID Number ______ and the EPA docket number for this action, and shall make payment by Fedwire Electronic Funds Transfer (EFT) to: Federal Reserve Bank of New York ABA = 000000000 Account = 00000000 SWIFT address = XXXXXX00 00 Xxxxxxx Xxxxxx New York, NY 10045 Field Tag 4200 of the Fedwire message should read “D 68010727 Environmental Protection Agency” [NOTE: Regions may substitute instructions for payment by ACH or online payment to the EPA account through xxxxx://xxx.xxx.xxx. If Settling Parties have difficulty making EFT or online payments, Regions may substitute the following: Settling Parties shall identify all payments to EPA under this Paragraph as “stipulated penalties” and shall make payment by official bank check made payable to “EPA Hazardous Substance Superfund.” The check, or a letter accompanying the check, shall identify the name and address of the part(ies) making payment, the Site name, Site/Spill ID Number ___Number___, and indicate in the EPA docket number comment field that the payment is for stipulated penalties. Settling Parties shall send to EPA, in accordance with Section XV (Notices and Submissions), a notice of this action payment including these references. Penalties shall accrue as provided in this Paragraph regardless of whether EPA has notified Settling Parties of the violation or made a demand for payment but need only be paid upon demand. All penalties shall begin to accrue on the day after payment [if non-payment obligations are included, insert: or performance] is due [if non-payment obligations are included, insert: or the day a violation occurs] and shall continue to accrue through the date of payment [if non-payment obligations are included, insert: or the final day of correction of the noncompliance or completion of the activity.] Nothing in this Settlement Agreement shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. In addition to the Interest and stipulated penalty payments required by this Section and any other remedies or sanctions available to EPA by virtue of Settling Parties’ failure to comply with the requirements of this Settlement Agreement, any Settling Party who fails or refuses to comply with the requirements of this Settlement Agreement shall be sent to: U.S. Environmental Protection Agency Superfund Payments Cincinnati Finance Centersubject to enforcement action pursuant to Section 122(h)(3) of CERCLA, 42 U.S.C. § 9622(h)(3). If the United States, on behalf of EPA, brings an action to enforce this Settlement Agreement, Settling Parties shall reimburse the United States for all costs of such action, including but not limited to costs of attorney time. The obligations of Settling Parties to pay amounts owed to EPA under this Settlement Agreement are joint and several. In the event of the insolvency of any Settling Party or the failure by any Settling Party to make the payments required under this Settlement Agreement, the remaining Settling Parties shall be responsible for such payments. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive payment of any portion of the stipulated penalties that have accrued pursuant to this Settlement Agreement. Payment of stipulated penalties shall not excuse Settling Parties from payment as required by Section VI (Payment of Response Costs) or from performance of any other requirements of this Settlement Agreement. COVENANTS BY EPA

Stipulated Penalty. If any amounts due to EPA under Paragraph 11 (Payment by Settling Parties for Past Response Costs) are not paid by the required date, Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, in addition to the Interest required by Paragraph 16 (Interest on Late Payments), $______ per violation per day that such payment is late. [If Settling Parties do not comply with [insert reference to any non-payment obligations, including Section XII XI (Property Requirements)], Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, $______ per violation per day of such noncompliance.]13 Stipulated penalties are due and payable within 30 days after the date of demand for payment of the penalties by EPA. Settling Parties shall identify all payments to EPA under this Paragraph as “stipulated penalties,” shall reference Site/Spill ID Number ______ and the EPA docket number for this action, and shall make payment by Fedwire Electronic Funds Transfer (EFT) to: Federal Reserve Bank of New York ABA = 000000000 Account = 00000000 SWIFT address = XXXXXX00 00 Xxxxxxx Xxxxxx New York, NY 10045 Field Tag 4200 of the Fedwire message should read “D 68010727 Environmental Protection Agency” [NOTE: Regions may substitute instructions for payment by ACH or online payment to the EPA account through xxxxx://xxx.xxx.xxx. If Settling Parties have difficulty making EFT or online payments, Regions may substitute the following: Settling Parties shall identify all payments to EPA under this Paragraph as “stipulated penalties” and shall make payment by official bank check made payable to “EPA Hazardous Substance Superfund.” The check, or a letter accompanying the check, shall identify the name and address of the part(ies) making payment, the Site name, Site/Spill ID Number ______, and the EPA docket number of this action and shall be sent to: U.S. Environmental Protection Agency Superfund Payments Cincinnati Finance CenterCenter P.O. Box 979076 St. Louis, MO 63197-9000] At the time of payment, Settling Parties shall send notice that payment has been made as provided in Paragraph 14 (Notice of Payment). Penalties shall accrue as provided in this Paragraph regardless of whether EPA has notified Settling Parties of the violation or made a demand for payment, but need only be paid upon demand. All penalties shall begin to accrue on the day after payment [if non-payment obligations are included, insert: or performance] is due [if non-payment obligations are included, insert: or the day a violation occurs] and shall continue to accrue through the date of payment [if non-payment obligations are included, insert: or the final day of correction of the noncompliance or completion of the activity.] Nothing in this Settlement Agreement shall prevent the simultaneous accrual of separate penalties for separate violations of this Settlement Agreement. In addition to the Interest and stipulated penalty payments required by this Section and any other remedies or sanctions available to EPA by virtue of Settling Parties’ failure to comply with the requirements of this Settlement Agreement, any Settling Party who fails or refuses to comply with the requirements of this Settlement Agreement shall be subject to enforcement action pursuant to Section 122(h)(3) of CERCLA, 42 U.S.C. § 9622(h)(3). If the United States, on behalf of EPA, brings an action to enforce this Settlement Agreement, Settling Parties shall reimburse the United States for all costs of such action, including but not limited to costs of attorney time. The obligations of Settling Parties to pay amounts owed to EPA under this Settlement Agreement are joint and several. In the event of the insolvency of any Settling Party or the failure by any Settling Party to make the payments required under this Settlement Agreement, the remaining Settling Parties shall be responsible for such payments. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive payment of any portion of the stipulated penalties that have accrued pursuant to this Settlement Agreement. Payment of stipulated penalties shall not excuse Settling Parties from payment as required by Section V (Payment of Response Costs) or from performance of any other requirements of this Settlement Agreement.

Stipulated Penalty. a. If any amounts due to EPA under Paragraph 11 (Payment by Settling Parties for Past Response Costs) 14 or 20 are not paid by the required date, Settling Parties Party shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, in addition to the Interest required by Paragraph 16 24 (Interest on Late Payments), $______ 250 per violation per day that such payment is late. [If Settling Parties do Party does not comply with [insert reference to any non-payment obligations, including Section XII XIV (Property Requirements)], Settling Parties Party shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, $______ 250 per violation per day of such noncompliance.]13 Stipulated noncompliance. b. All penalties are accruing under this Section shall be due and payable to EPA within 30 days after the date Settling Party’s receipt from EPA of a demand for payment of the penalties by EPApenalties. Settling Parties Party shall identify make all payments required by this Section to EPA under this Paragraph as “stipulated penalties,” shall reference Site/Spill ID Number ______ and the EPA docket number for this action, and shall make payment by Fedwire Electronic Funds Transfer (EFT) EFT to: Federal Reserve Bank of New York ABA = 000000000 Account = 00000000 68010727 SWIFT address = XXXXXX00 00 Xxxxxxx Xxxxxx New York, NY 10045 Field Tag 4200 of the Fedwire message should read “D 68010727 Environmental Protection Agency” [NOTE: Regions may substitute instructions for Each such payment by ACH or online payment to the EPA account through xxxxx://xxx.xxx.xxx. If Settling Parties have difficulty making EFT or online payments, Regions may substitute the following: Settling Parties shall identify all payments to EPA under this Paragraph as reference “stipulated penalties,” and shall make payment by official bank check made payable to “EPA Hazardous Substance Superfund.” The check, or a letter accompanying the check, shall identify the name and address of the part(ies) making payment, the Site name, Site/Spill ID Number ______0894, and the EPA docket number for this action. c. At the time of payment, Settling Party shall send notice that payment has been made as provided in Paragraph 17 (Notice of Payment). d. Penalties shall accrue as provided above regardless of whether EPA has notified Settling Party of the violation or made a demand for payment but need only be paid upon demand. All penalties shall begin to accrue on the day after payment or performance is due and shall continue to accrue through the date of payment or the final day of correction of the noncompliance or completion of the activity. Nothing in this Settlement Agreement shall prevent the simultaneous accrual of separate penalties for separate violations of this action Settlement Agreement. e. If any amount due to the Federal Trustee under Paragraph 18 is not paid by the required date, Settling Party shall be in violation of this Settlement Agreement and shall pay to the Federal Trustee, as a stipulated penalty, in addition to the Interest required by Paragraph 24 (Interest on Late Payments), $250 per violation per day that such payment is late. f. If any amount due to the State Trustees under Paragraph 19 is not paid by the required date, Settling Party shall be sent to: U.S. Environmental Protection Agency Superfund Payments Cincinnati Finance Centerin violation of this Settlement Agreement and shall pay to the State Trustees, as a stipulated penalty, in addition to the Interest required by Paragraph 24 (Interest on Late Payments), $250 per violation per day that such payment is late.