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 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 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 make all payments at xxxxx://xxx.xxx.xxx using the following instructions: enter “sfo 1.1” in the search field to access EPA’s Miscellaneous Payment Form - Cincinnati Finance Center. Complete the form including the Site Name, docket number, and Site/Spill ID Number___, and indicate in the comment field that the payment is for stipulated penalties. Settling Parties shall send to EPA, in accordance with Section XIV (Notices and Submissions), a notice of this 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 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 10 (Payment by Settling Parties Party for Past Response Costs) 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 15 13 (Interest on Late Payments), $______ 1000 per violation per day that such payment is late. [. b. If Settling Parties do Party does not comply with [insert reference to any non-payment obligations, including Section XI (Property Requirements)], Settling Parties Party shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, $______ 1000 per violation per day of such noncompliance.]13 noncompliance. c. Stipulated penalties are due and payable within 30 days after the date of demand for payment of the penalties by EPA. Settling Parties Party shall make all payments at xxxxx://xxx.xxx.xxx using the following instructions: 1) enter “sfo 1.1” in the search field to access EPA’s Miscellaneous Payment Form - Cincinnati Finance Center. Complete ; and 2) complete the form including the Site Name, docket number, and Site/Spill ID Number___Site Number 0219, and indicate in the comment field that the payment is for stipulated penalties. Settling Parties Party shall send to EPA, in accordance with Section XIV XV (Notices and Submissions), a notice of this payment including these references. . d. Penalties shall accrue as provided in this Paragraph regardless of whether EPA has notified Settling Parties 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 [if non-payment obligations are included, insert: or performance] is due [if non-payment obligations are included, insert: or the day a violation occurs] 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 10 (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 15 (Interest on Late Payments), $______ 100 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 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 . b. Stipulated penalties are due and payable within 30 days after the date of demand for payment of the penalties by EPA. Settling Parties shall make all payments at xxxxx://xxx.xxx.xxx using required by this Section to EPA by Fedwire EFT to: Federal Reserve Bank of New York ABA = 000000000 Account = 68010727 SWIFT address = XXXXXX00 00 Xxxxxxx Xxxxxx New York, NY 10045 Field Tag 4200 of the following instructions: enter Fedwire message should read “sfo 1.1D 68010727 Environmental Protection Agency” in the search field to access EPA’s Miscellaneous Payment Form - Cincinnati Finance Center. Complete the form including the Site Name, docket number, and Each such payment shall reference “stipulated penalties,” Site/Spill ID Number___Number C59J, and indicate in the comment field that the payment is EPA docket number for stipulated penalties. this action. c. Settling Parties shall send to EPA, in accordance with Section XIV 28 (Notices and Submissions), a notice of this payment including these references. . d. 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.] payment. 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. 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 15 (Interest on Late Payments), $______ per violation per day that such payment is late. [a. If Settling Parties do Respondent does not comply with [insert reference to any non-payment obligations, including Section XI (Property Requirements)]its obligations set forth in Paragraph 58.c, Settling Parties Respondent 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. All penalties are accruing under this Section shall be due and payable to EPA within 30 days after the date Settling Respondent’s receipt from EPA of a demand for payment of the penalties penalties. If Settling Respondent fails to make any payment required by EPA’s demand, Interest shall accrue on the stipulated penalty amount from the date due through the date of payment. Settling Parties Respondent shall make identify all payments at xxxxx://xxx.xxx.xxx using to EPA under this Section as “stipulated penalties” and shall pay them by official bank check made payable to “EPA Hazardous Substances Superfund.” The check, or a letter accompanying the following instructions: enter “sfo 1.1” in check, shall identify the search field to access EPA’s Miscellaneous Payment Form - Cincinnati Finance Center. Complete name and address of the form including the Site Nameparty(ies) making payment, docket number, and Site/Spill ID Number___Number 10GL, and indicate in the comment field that EPA Docket Number for this action and shall be sent to: U.S. Environmental Protection Agency Superfund Payments Cincinnati Finance Center P.O. Box 979076 St. Louis, MO 63197-9000 b. At the payment is for stipulated penalties. time of payment, Settling Parties Respondent shall send notice that payment has been made to EPA, EPA as provided in accordance with Section XIV (Notices and Submissions), a notice of this payment including these references. Paragraph 69. c. Penalties shall accrue as provided in this Paragraph above regardless of whether EPA has notified Settling Parties Respondent of the violation or made a demand for payment payment, but need only be paid upon demand. All penalties shall begin to accrue on the day after payment [if non-payment obligations are includedperformance is due, 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.