TERMS AND RELEASE. In consideration of CARB not filing a legal action against TORC for the alleged violations referred to above, and in consideration of the terms set out below (and TORC’s payment of the penalties), CARB and TORC agree as follows:
(1) The Parties shall exchange signed copies of this Agreement by no later than 15 business days after receipt of this Agreement. This Agreement may be executed in counterparts. Facsimile or photocopied signatures shall be considered as valid signatures as of the date hereof, although the original signature pages shall thereafter be appended to this Agreement. TORC shall send the original signed Agreement and any future mailings or documents required per the terms of this Agreement to: Xxxx Xxxxxxx Enforcement Division California Air Resources Board X.X. Xxx 0000 Xxxxxxxxxx, XX 00000
(2) TORC has agreed to pay the sum of twenty-five thousand dollars ($25,000.00) as a civil penalty for the alleged violations in NOV F071316-PBFR-OLE.
(3) Within fifteen (15) business days after CARB provides notice that the Agreement has been signed by all parties, TORC shall pay the civil penalty in the total amount of twenty-five thousand dollars ($25,000.00) by check made out to the “Air Pollution Control Fund” TORC shall send (a) one copy of this Agreement, (b) payment, and (c) the “Settlement Agreement Payment Transmittal Form” (Attachment A) to: California Air Resources Board Accounting Xxxxxx X.X. Xxx 0000 Xxxxxxxxxx, Xxxxxxxxxx 00000-0000 and send a copy of the same documents to: Xxxx Xxxxxxx Enforcement Division California Air Resources Board X.X. Xxx 0000 Xxxxxxxxxx, XX 00000
(4) In addition, if the Attorney General files a civil action to enforce this settlement agreement against TORC, TORC shall pay all reasonable costs of investigating and prosecuting the action, including reasonable expert fees (if appropriate), reasonable attorney’s fees, and reasonable costs, if and when the Attorney General is deemed to be a prevailing party by a court of competent jurisdiction.
(5) TORC has demonstrated to the satisfaction of CARB that the alleged violations have been corrected.
(6) TORC shall not violate any provision of the CaRFG regulation. Any future repeat violations may result in an increased penalty amount.
TERMS AND RELEASE. In consideration of the ARB not filing a legal action against KOHLER for the alleged violations referred to above, ARB and KOHLER agree as follows:
(1) As a condition of this Agreement KOHLER shall pay the total sum of fifty-eight thousand eight hundred seventy-five dollars ($58,875.00) as a penalty to the California Air Pollution Control Fund, subject to the following terms. Payment shall be made by check payable as described above and addressed to: Xx. Xxxxxxxx Xxxxxxx Air Resources Board, Enforcement Division 0000 X Xxxxxx Xxxxxxxxxx, XX 00000
(2) KOHLER represents that it understands the legal requirements applicable to selling engines in California and agrees that it will not introduce products to commerce unless ARB certification has first been obtained. KOHLER agrees that it will not acquire, offer for sale or sell new, non-California certified engines for use or registration in California and KOHLER promises that any engines in its possession not certified to California emission standards will be clearly marked: “Not for Sale or Use in California”.
(3) This Agreement shall apply to and be binding upon KOHLER and its principals, officers, directors, receivers, trustees, employees, successors and assignees, subsidiary and parent corporations, dealers, distributors, and upon ARB and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement.
(4) This Agreement constitutes the entire agreement and understanding between ARB and KOHLER concerning the claims and settlement in this Agreement, and this Agreement fully supersedes and replaces any and all prior negotiations and agreement of any kind or nature, whether written or oral, between ARB and KOHLER concerning these claims.
(5) No agreement to modify, amend, extend, supersede, terminate, or discharge this Agreement, or any portion thereof, shall be valid or enforceable unless it is in writing and signed by all parties to this Agreement.
TERMS AND RELEASE. In consideration of CARB not filing a legal action against CNWF for the alleged violations referred to above, and CNWF’s payment of the penalties set forth below, CARB and CNWF agree as follows:
(1) Upon execution of this Agreement, the sum of twenty thousand dollars ($20,000) shall be paid on behalf of CNWF no later than September 16, 2019, as follows: • $20,000.00 payable to the Air Pollution Control Fund The Parties shall exchange signed copies of this Agreement. This Agreement may be executed in counterparts. Facsimile or photocopied signatures shall be considered as valid signatures as of the date hereof, although the original signature pages shall thereafter be appended to this Agreement. Please send the original signed Settlement Agreement and any future mailings or documents required per the terms of this Settlement Agreement to: Please send the payment along with the attached “Settlement Agreement Payment Transmittal Form” (Attachment A) to:
(2) If the Attorney General files a civil action to enforce this settlement agreement, CNWF shall pay all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s costs, and costs.
(3) It is further agreed that the penalties described in “Terms and Release”, paragraph 1 are punitive in nature, rather than compensatory. Furthermore, the penalty is intended to deter and punish CNWF for violations of state environmental statutes, and these penalties are payable to and for the benefit of CARB, a government unit. Therefore, it is agreed that these penalties imposed on CNWF by CARB arising from the facts described in recital paragraphs (1) through (6) are non-dischargeable under 11 United StatesCode § 523 (a)(7), which provides an exception from discharge for any debt to the extent such debt is for a fine, penalty or forfeiture payable to and for benefit of governmental unit, and is not compensation for actual pecuniary loss, other than certain types of tax penalties.
(4) CNWF shall not violate HSC §§ 43701 et seq., 44011.6 et seq., and 13 CCR §§ 2180 et seq., and 2485 et seq.
(5) CNWF shall not violate the Truck and Bus regulation as codified in 13 CCR § 2025.
(6) This Agreement shall apply to and be binding up CNWF, and its officers, directors, receivers, trustees, employees, successors and assignees, subsidiary and potent corporations and upon CARB and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Upon CARB’...
TERMS AND RELEASE. In consideration of the Recitals listed above which are incorporated into this section by reference, and the mutual agreements set forth below, CEC and Ferguson agree as follows:
(1) This Agreement covers the following Build Essentials, Miseno lavatory faucets and Sylvania and Satco lamp model numbers. Sylvania lamp S10141 Satco lamp S3408 Satco lamp S4453 Satco lamp S3448 Satco lamp S2808 Satco lamp SA3641 Satco lamp SA3648 Satco lamp S3275
(2) For selling or offering for sale in California, lavatory faucets and incandescent lamps identified in paragraph I(5), whose model numbers are identified in paragraph II(1) that did not meet the energy efficiency standards prescribed in section 1605.3(k)(1) and were not certified to MAEDbS as required by section 1606, and, in consideration of the factors listed in paragraph I(7) and I(8) above, Ferguson shall pay as an administrative civil penalty the total sum of $10,000.00 by electronic transfer to CEC by September 1, 2023. Banking information and instructions necessary to complete the electronic transfer shall be provided by CEC.
(3) Ferguson also agrees to take each of the following actions for any and all regulated appliance it will sell or offer for sale in California:
a. Ensure that all basic models sold by Ferguson, conform with the Appliance Efficiency Regulations.
b. Ensure all basic models sold by Ferguson are certified in MAEDbS, and listings are kept current and up to date.
c. Ensure that the required marking to the unit of all basic models sold by Ferguson conform with the Appliance Efficiency Regulations.
(4) This Agreement shall apply to and be binding upon Ferguson and its principals, officers, directors, receivers, trustees, employees, successors and assignees, subsidiary and parent corporations, and upon CEC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement.
(5) In consideration of the payment specified above, CEC hereby releases Ferguson and its parent corporation, principals, directors, officers, agents, employees, shareholders, subsidiaries, predecessors, and successors from any and all claims for violations of section 1608 (efficiency, marking, certification), relating to the time frame and appliances identified in paragraph I(5), whose model numbers are identified in paragraph II(1).
(6) This Agreement constitutes the entire agreement and understanding between CEC and Ferguson concerning the claims and settlement in this Agree...
TERMS AND RELEASE. In consideration of ARB not filing a legal action against XXXXXXXX & XXXXX for the alleged violations referred to above, and XXXXXXXX & XXXXX’x payment of the penalties set forth in Section 1 below, XXX and XXXXXXXX & XXXXX agree as follows:
(1) Upon execution of this Agreement, the sum of six thousand three hundred dollars ($6,300.00) shall be paid on behalf of XXXXXXXX & XXXXX no later than March 31, 2016, as follows: • $4,725.00 payable to the Air Pollution Control Fund • $1,575.00 payable to the Xxxxxxx Colleges Foundation Please send the payment along with the attached “Settlement Agreement Payment Transmittal Form” (Attachment A) to:
(2) If the Attorney General files a civil action to enforce this settlement agreement, XXXXXXXX & XXXXX shall pay all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s costs, and costs.
(3) It is further agreed that the penalties described in “Terms and Release”, paragraph 1 are punitive in nature, rather than compensatory. Furthermore, the penalty is intended to deter and punish XXXXXXXX & XXXXX for violations of state environmental statutes, and these penalties are payable to and for the benefit of ARB, a governmental unit. Therefore, it is agreed that these penalties imposed on TANIMURA & XXXXX by ARB arising from the facts described in recital paragraphs (1) through (9) are non-dischargeable under 11 United States Code § 523 (a)(7), which provides an exception from discharge for any debt to the extent such debt is for a fine, penalty or forfeiture payable to and for benefit of governmental unit, and is not compensation for actual pecuniary loss, other than certain types of tax penalties.
(4) XXXXXXXX & XXXXX shall not violate HSC §§ 43701 et seq., 44011.6 et seq., and 13 CCR §§ 2180 et seq., 2190 et seq., and 2485 et seq.
(5) XXXXXXXX & XXXXX shall comply with one or both of the following options to attend the CCDET II class (Diesel Exhaust After Treatment and Maintenance), described on the ARB’s webpage xxxx://xxx.xxx.xx.xxx/enf/hdvip/ccdet/ccdet.htm. This class is conducted by various California Community Colleges and instructs attendees on California’s emission regulations and the proper care and maintenance of diesel exhaust after-treatment systems (XXXXX).
(a) XXXXXXXX & XXXXX shall have the fleet maintenance manager (or equivalent) and all staff responsible for maintenance of XXXXX attend the CCDET II class. Proof of CCDET II completion shall be provided to ARB with...
TERMS AND RELEASE. In consideration of the Recitals listed above which are incorporated into this section by reference, and the mutual agreements set forth below, CEC and DGL agree as follows:
(1) This Agreement covers the following DGL appliance(s): Hover-1 hoverboard model number HY-H1.
(2) For selling or offering for sale in California, hoverboards containing SBCS identified in paragraph I(5), whose model number is identified in paragraph II(1) that did not meet the energy efficiency standards prescribed by section 1605.3, were not properly certified to MAEDbS as required by section 1606, and were not marked per section 1607(d)(10), and, in consideration of the factors listed in paragraph I(7) and I(8) above, DGL shall pay as an administrative civil penalty the total sum of $50,000.00. Payment shall be made by check payable to the California Energy Commission, in five monthly payments of $10,000.00 each, as shown below: 1 August 1, 2020 $10,000.00 2 September 1, 2020 $10,000.00 3 October 1, 2020 $10,000.00 4 November 1, 2020 $10,000.00 5 Decmber 1, 2020 $10,000.00 Payment shall be made by the applicable due date, and sent with the corresponding remittance statement to the following address: Effect of untimely payment: If any payment is more than 15 days late, the entire remaining balance becomes immediately due and payable. In addition, if CEC takes action to enforce this Agreement, DGL shall pay all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. It is agreed that if DGL, including its subsidiary or parent company, at any time becomes insolvent, or makes an assignment for the benefit of creditors or similar action adversely involving DGL, its subsidiary, or parent company, or a proceeding or petition under any bankruptcy, reorganization, arrangement of debt, insolvency, readjustment of debt, or receivership law or statute is filed by or against DGL, its subsidiary, or parent company, or a trustee in bankruptcy, custodian, receiver or agent is appointed or authorized to take charge of any of DGL’s, its subsidiary, or parent company’s properties, or if any deposit account or other property of DGL’s, its subsidiary, or parent company be attempted to be obtained or held by writ of execution, garnishment, attachment, condemnation, levy, forfeiture or other legal process, or DGL, its subsidiary, or parent company takes any action to authorize any of the foregoing, the entire remaining balance becomes immediately ...
TERMS AND RELEASE. In settlement of any and all claims that ARB has against Sinister for the violations alleged above, and in consideration of ARB not filing a legal action as well as the other terms set out below, ARB and Sinister agree as follows:
TERMS AND RELEASE. In settlement of any and all claims that ARB has against ATS for the violations alleged above, and in consideration of ARB not filing a legal action as well as the other terms set out below, ARB and ATS agree as follows:
TERMS AND RELEASE. In consideration of ARB not filing a legal action against JIB UNITED for the alleged violations referred to above, and JIB UNITED’s payment of the penalties set forth in Section 1 below, ARB and JIB UNITED agree as follows:
(1) Upon execution of this Agreement, JIB UNITED shall pay a civil penalty of $24,410.00. Payment shall be made in 6 monthly payments as described below, beginning on January 11, 2016.
TERMS AND RELEASE. In settlement of any and all claims that ARB has against LL under the facts as alleged above, and in consideration of ARB not filing a legal action as well as the other terms set out below, ARB and LL agree as follows:
