Common use of TERMS AND RELEASE Clause in Contracts

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 CARB not filing a legal action against TORC Chevron for the alleged violations referred to above, and in consideration of the terms set out below (and TORCChevron’s payment of the civil penalties), CARB and TORC Chevron agree as follows: (1) Chevron has agreed to pay the sum of sixty thousand dollars ($60,000.00) as a civil penalty for the alleged violations in NOV F052416-CVXR-OLE. (2) 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 by appended to this Agreement. TORC Chevron shall send the original signed Agreement and any future mailings mailing or documents required per the terms of this Agreement to: Xxxx Xxxxxxx Xxxxxx, APS Enforcement Division California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxx Xxxxxx, XX Xxxxx 0 Xx Xxxxx, Xxxxxxxxxx 00000 (23) TORC has agreed to pay the sum Upon execution of twenty-five this Agreement, Chevron shall make a total payment of sixty thousand dollars ($25,000.0060,000.00) as a civil penalty for to the alleged violations in NOV F071316-PBFR-OLE. Air Pollution Control Fund (3APCF) Within fifteen (15) no later than 15 business days after CARB provides notice that the Agreement it 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 payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) shall be submitted to: California Air Resources Board Accounting Xxxxxx X.X. Xxx 0000 XxxxxxxxxxOffice P.O. Box 1436 Sacramento, Xxxxxxxxxx 00000California 95812-0000 1436 and send a copy of the same documents toto : Xxxx Xxxxxxx Xxxxxx, APS Enforcement Division California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxx Xxxxxx, XX 00000Xxxxx 0 El Monte, California 91731 (4) In addition, if the Attorney General files a civil action to enforce this settlement agreement Agreement against TORCChevron, TORC Chevron 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 Chevron has demonstrated to the satisfaction of CARB that the alleged violations have been corrected. (6) TORC Chevron 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 CARB not filing a legal action against TORC Xxxx for the alleged violations referred to above, and in consideration of the terms set out below (and TORC’s Xxxx’x payment of the penalties)penalty and funding of Supplemental Environmental Project (SEP) set forth in section (2) below, CARB and TORC Xxxx 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 twentyfifty-five four thousand dollars ($25,000.0054,000.00) as a civil penalty for the alleged violations in NOV F071316F122118-PBFRKRNR-OLERPT. (2) Xxxx has agreed to undertake a Supplemental Environmental Project (SEP) as described in Attachment B, to offset a portion of the settlement amount, consistent with CARB’s SEP policy. (3) Within fifteen (15) business days after CARB provides notice that the Agreement has been signed by all parties, TORC Xxxx shall pay the a civil penalty and fund the SEP described above, in the total amount of twenty-five $54,000.00. Xxxx shall pay $27,000.00 to the AIR POLLUTION CONTROL FUND (APCF) and the remaining $27,000.00 shall be paid to the SEP implementer Tree Fresno. (4) Upon execution of this Agreement, Xxxx shall make a total payment of twenty- seven thousand dollars ($25,000.0027,000.00) by check made out to the “Air Pollution Control Fund” TORC shall send APCF no later than thirty (a30) one business days after Xxxx receives a mailed copy of this Agreement, (b) payment, and (c) the fully executed Agreement from CARB. The payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) shall be submitted to: California Air Resources Board Accounting Xxxxxx X.X. Xxx Office P.O. Box 1436 Sacramento, California 95812-1436 (5) Upon execution of this Agreement, Xxxx shall make a total payment of twenty- seven thousand dollars ($27,000.00) to Tree Fresno no later than thirty (30) business days after Xxxx receives a mailed copy of the fully executed Agreement from CARB. The payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A-2) shall be submitted to: Tree Fresno ATTN: Xxxx X. Xxxxxxxx, Chief Executive Director 0000 XxxxxxxxxxX. Xxxxxxx Avenue Fresno, Xxxxxxxxxx 00000-0000 and California 93740 (6) Xxxx will send a copy of payment checks made to the same documents APCF and the Tree Fresno to: Xxxx Xxxxxxx Enforcement Division Xx. Xxx Xxxxxx Ciccarelli, APS California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxxx Xxxxxx Sacramento, XX 00000California 95828 (47) Xxxx has agreed that by funding the SEP project, Xxxx will not receive any direct or indirect financial benefit, and that whenever it publicizes a SEP or the results of the SEP, it will state in prominent manner that the project is being undertaken as part of the settlement of an enforcement action (8) In addition, if the Attorney General files a civil action to enforce this settlement agreement against TORCXxxx, TORC Xxxx shall pay all reasonable costs of investigating and prosecuting the action, including reasonable expert fees (if appropriate), reasonable attorney’s 's fees, and reasonable costs, if and when the Attorney General is deemed to be a prevailing party by a court of competent jurisdiction. (59) TORC Xxxx has demonstrated to the satisfaction of CARB that the alleged violations have been corrected. (610) TORC Xxxx 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 CARB not filing a legal action against TORC Xxxxxx for the alleged violations referred to above, and in consideration of the terms set out below (and TORCXxxxxx’s payment of the penalties)penalty and funding of Supplemental Environmental Project (SEP) set forth in section (2) below, CARB and TORC Tesoro 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 Xxxxxx has agreed to pay the sum of twenty-five one hundred nineteen thousand dollars ($25,000.00119,000.00) as a civil penalty for the alleged violations violation in NOV F071316F072618-PBFRTSOR-OLE. (2) Tesoro has agreed to undertake a Supplemental Environmental Project (SEP), as described in Attachment B, to offset a portion of the settlement amount, consistent with CARB’s SEP policy. (3) Within fifteen (15) business days after CARB provides notice that the Agreement has been signed by all parties, TORC Tesoro shall pay the a civil penalty and fund the SEP described above, in the total amount of twenty-five thousand dollars ($25,000.00) by check made out 119,000.00. Tesoro shall pay $59,500.00 to the “Air Pollution Control Fund” TORC AIR POLLUTION CONTROL FUND (APCF) and the remaining $59,500.00 shall send be paid to the SEP implementer, the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (aSCAQMD). (4) one copy Upon execution of this Agreement, Xxxxxx shall make a total payment of fifty nine thousand five hundred dollars (b$59,500.00) payment, and to the APCF no later than thirty (c30) business days after Xxxxxx receives notification or a mailed copy of the signed Agreement from CARB. The payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) shall be submitted to: California Air Resources Board Accounting Office P.O. Box 1436 Sacramento, California 95812-1436 (5) Upon execution of this Agreement, Xxxxxx X.X. Xxx 0000 Xxxxxxxxxxshall make a total payment of fifty nine thousand five hundred dollars ($59,500.00) to the SCAQMD no later than thirty (30) business days after Xxxxxx receives notification or a mailed copy of the signed Agreement from CARB. For payment to the SCAQMD, Xxxxxxxxxx 00000-0000 and Tesoro will send the payment to: Xx. Xxxxxxxx Xxxx 00000 Xxxxxx Xxxxx, Diamond Bar, California 91765 (6) Tesoro will send a copy of payment checks made to the same documents APCF and the SCAQMD to: Xxxx Xxxxxxx Enforcement Division Xx. Xxx Xxxxxx Ciccarelli, APS California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxxx Xxxxxx Sacramento, XX 00000California 95828 (47) Xxxxxx has agreed that by funding the SEP project, Xxxxxx will not receive any direct or indirect financial benefit, and that whenever it publicizes a SEP or the results of the SEP, it will state in prominent manner that the project is being undertaken as part of the settlement of an enforcement action. (8) In addition, if the Attorney General files a civil action to enforce this settlement agreement against TORCXxxxxx, TORC Xxxxxx shall pay all reasonable costs of investigating and prosecuting the action, including reasonable expert fees (if appropriate), reasonable attorney’s 's fees, and reasonable costs, if and when the Attorney General is deemed to be a prevailing party by a court of competent jurisdiction. (59) TORC Xxxxxx has demonstrated to the satisfaction of CARB that the alleged violations have been corrected. (610) TORC Tesoro 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 CARB not filing a legal action against TORC MOL for the alleged violations referred to aboveabove in recitals (1) through (9), and in consideration of the terms set out below (and TORCMOL’s payment of the penalties)penalties set forth below, CARB and TORC MOL agree as follows: (1) 10. The Parties shall exchange signed and dated copies of this Agreement by no later than 15 business days after receipt of this Settlement Agreement. This Settlement 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 Settlement Agreement. 11. TORC shall send the original signed Agreement and any future mailings or documents required per the terms Upon execution of this Agreement to: Xxxx Xxxxxxx Enforcement Division California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxSettlement Agreement, 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 MOL shall pay the a civil penalty in the total amount of twentytwo hundred fifty-five three thousand and three hundred dollars ($25,000.00) by check 253,300.00 USD), which shall be made out to in one payment as described below, beginning 30 days after the “Air Pollution Control Fund” TORC execution of this Settlement Agreement. MOL shall send (a) one copy of this Agreement, (b) payment, and (c) the payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) provided by CARB to: California Air Resources Board Accounting Xxxxxx X.X. Xxx 0000 XxxxxxxxxxOffice P.O. Box 1436 Sacramento, Xxxxxxxxxx 00000California 95812-0000 1436 Payment shall be made by wire transfer transmittal as follows: State of California Air Resources Board c/o Bank of America, Inter Branch to 0148 XXX will be responsible for any bank charges incurred for processing the wire transfer. MOL shall transmit the payment by wire transfer as provided for in the Payment Transmittal Form and send shall mail the signed and dated Settlement Agreement, Payment Transmittal Form, a copy of the same check, and any future mailings or documents per the terms of this Settlement Agreement to: Xxxx Xx. Xxxxxxx Enforcement Division Xxxxx Air Pollution Specialist California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxEnforcement Division P.O. Box 2815 Sacramento, XX 00000California 95812 12. If any payment is more than fifteen (415) days late, the entire remaining balance becomes immediately due and payable. In addition, if the Attorney General files a civil action to enforce this settlement agreement against TORCagreement, TORC MOL shall pay all reasonable costs of investigating and prosecuting the action, including reasonable expert fees (if appropriate)fees, reasonable attorney’s fees, and reasonable costs. 13. MOL shall comply with all requirements of the At-Berth Regulation (17 CCR § 93118.3). 14. This Settlement Agreement constitutes the entire agreement and understanding between CARB and MOL concerning the subject matter hereof, and supersedes and replaces any and all prior negotiations and agreements of any kind or nature, whether written or oral, between CARB and MOL concerning the subject matter hereof. 15. The terms of this Settlement Agreement shall be binding upon MOL and its officers, directors, receivers, trustees, employees, successors and assignees, members, parent corporations, and subsidiaries, if any; and when upon CARB and any successor agency that may have responsibility for and jurisdiction over the Attorney General subject matter of this Settlement Agreement. 16. The terms and conditions set forth in this Settlement Agreement shall remain valid and enforceable notwithstanding any future violations that may occur. 17. The effective date of this Settlement Agreement shall be the date upon which MOL executes this Settlement Agreement. 18. No agreement to modify, amend, extend, supersede, terminate, or discharge this Agreement, or any portion thereof, is valid or enforceable unless it is in writing and signed by all Parties to this Settlement Agreement. 19. This Settlement Agreement shall further serve to toll any statute of limitation until all terms and conditions of this Settlement Agreement have been fulfilled. 20. XXX agrees not to assert laches as a defense. 21. Each provision of this Settlement Agreement is severable, and in the event that any provision of this Settlement Agreement is held to be illegal, invalid or unenforceable in any jurisdiction, the remainder of this Settlement Agreement remains in full force and effect. 22. The headings in this Settlement Agreement are not binding and are for reference only and do not limit, expand, or otherwise affect the contents of this Settlement Agreement. 23. This Settlement Agreement shall be interpreted and enforced in accordance with the laws of the State of California, without regard to California’s choice-of-law rules. 24. It is further agreed that the penalties described in this Settlement Agreement are non-dischargeable under United States Code, title 11, section 523(a)(7). 25. In the event MOL fails to pay on time, MOL shall pay all costs associated with collection of the penalties consistent with Government Code § 12513.1. 26. MOL shall not deduct any penalties paid pursuant to this Settlement Agreement in calculating and submitting its federal, state, or local income tax. 27. This Settlement Agreement is deemed to have been drafted equally by the Parties; it will not be a prevailing interpreted for or against either Party on the ground that said party by a court of competent jurisdictiondrafted it. (5) TORC has demonstrated 28. CARB expressly reserves the right to the satisfaction bring an enforcement action based on violations of CARB that the alleged violations have been correctedlaw not covered in this Settlement Agreement and to seek whatever fines, penalties, or remedies provided by law, including injunctive relief. (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 CARB not filing a legal action against TORC for the alleged violations referred to aboveRecitals listed above which are incorporated into this section by reference, and in consideration of the terms mutual agreements set out below (forth below, CEC and TORC’s payment of the penalties), CARB and TORC Mohawk 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 covers the date hereoffollowing Mohawk appliance model numbers: Rif6 power banks RIF060001N, although the original signature pages shall thereafter be appended to this Agreement. TORC shall send the original signed Agreement RIF060003N, 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 XxxxxxxxxxRIF060006N, XX 00000hOmeLabs refrigeration cooler HME030222N, hOmeLabs dishwasher HME010033N, hOmeLabs ice maker HME030276N, and Rif6 projectors RIF010001N and RIF010004N. (2) TORC has agreed For selling or offering for sale in California, refrigeration coolers, dishwashers, ice makers, projectors, and power banks during the time period identified in paragraph I(5), whose model numbers are identified in paragraph II(1) that 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, Mohawk shall pay as an administrative civil penalty the total sum of twenty-five thousand dollars ($25,000.00) 150,000.00. Payment shall be made by wire transfer to CEC, in two monthly payments of $75,000.00 each, by the applicable due date, as a civil penalty for shown below. Banking information and instructions necessary to complete the alleged violations in NOV F071316-PBFR-OLE. (3) Within fifteen (15) business electronic transfer shall be provided by CEC. 1 June 1, 2020 $75,000.00 2 July 1, 2020 $75,000.00 Effect of untimely payment: If any payment is more than 15 days after CARB provides notice that late, 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, entire remaining balance becomes immediately due 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) payable. In addition, if the Attorney General files a civil CEC takes action to enforce this settlement agreement against TORCAgreement, TORC Mohawk shall pay all reasonable costs of investigating and prosecuting the action, including reasonable expert fees (if appropriate)fees, reasonable attorney’s fees, and reasonable costs. It is agreed that if Mohawk, 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 Mohawk, 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 SETTLEMENT AGREEMENT AND RELEASE CALIFORNIA ENERGY COMMISSION and MOHAWK GROUP HOLDINGS, INC. against Mohawk, its subsidiary, or parent company, or a trustee in bankruptcy, custodian, receiver or agent is appointed or authorized to take charge of any of Mohawk’s, its subsidiary, or parent company’s properties, or if and when the Attorney General is deemed any deposit account or other property of Mohawk’s, its subsidiary, or parent company be attempted to be a prevailing party obtained or held by a court writ of competent jurisdictionexecution, garnishment, attachment, condemnation, levy, forfeiture or other legal process, or Mohawk, its subsidiary, or parent company takes any action to authorize any of the foregoing, the entire remaining balance becomes immediately due and payable without notice or demand. (3) Xxxxxx 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. Test all basic models, utilizing the applicable test method, to ensure conformance with the Appliance Efficiency Regulations. b. Certify all basic models in MAEDbS, and ensure listings are kept current and up to date. c. Add the required marking to the unit. (4) This Agreement shall apply to and be binding upon Mohawk 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) TORC has demonstrated In consideration of the payment specified above, CEC hereby releases Mohawk 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 satisfaction of CARB that the alleged violations have been correctedtime period and appliances identified in paragraph I(5), whose model numbers are identified in paragraph II(1). (6) TORC This Agreement constitutes the entire agreement and understanding between CEC and Mohawk 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 CEC and Mohawk concerning these claims. (7) 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. (8) Xxxxxx further agrees that if the subject matter of this Agreement comes before CEC in an administrative adjudication, neither any member of CEC, nor the Executive Director, shall be disqualified because of prior consideration of this Agreement. SETTLEMENT AGREEMENT AND RELEASE CALIFORNIA ENERGY COMMISSION and MOHAWK GROUP HOLDINGS, INC. (9) Each Party to this Agreement has reviewed the Agreement independently, has had the opportunity to consult counsel, is fully informed of the terms and effect of this Agreement, and has not violate relied in any way on any inducement, representation, or advice of any other Party in deciding to enter into this Agreement. (10) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, without regard to California’s choice of law rules. Any litigation arising out of or related to this Agreement shall be filed in the Superior Court of California, County of Sacramento. (11) Each provision of this Agreement is severable, and in the event that any provision of this Agreement is held to be invalid or unenforceable, the CaRFG regulationremainder of this Agreement remains in full force and effect. (12) The failure of any Party to enforce any provision of this Agreement shall not be construed as a waiver of any such provision, nor prevent such Party thereafter from enforcing such provision or any other provision of this Agreement. (13) This Agreement is deemed to have been drafted equally by the Parties; it will not be interpreted for or against either Party on the ground that said Party drafted it. (14) This Agreement is effective upon signature by a representative of Mohawk with authority to bind the company, and signature by the Executive Director of CEC. Any future repeat violations may result in an increased penalty amount.The Parties agree that fax or scanned signatures and multiple signature pages are acceptable for purposes of executing this Agreement, which

TERMS AND RELEASE. In consideration of CARB not filing a legal action against TORC Chevron for the alleged violations referred to above, and in consideration of the terms set out below (and TORCChevron’s payment of the civil penalties), CARB and TORC Chevron agree as follows: (1) Chevron has agreed to pay the sum of sixty thousand dollars ($60,000.00) as a civil penalty for the alleged violations in NOV F052416-CVXR-OLE. (2) 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 by appended to this Agreement. TORC Chevron shall send the original signed Agreement and any future mailings mailing or documents required per the terms of this Agreement to: Xxxx Xxxxxxx Xxxxxx, APS Enforcement Division California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxx Xxxxxx, XX Xxxxx 0 Xx Xxxxx, Xxxxxxxxxx 00000 (23) TORC has agreed to pay the sum Upon execution of twenty-five this Agreement, Chevron shall make a total payment of sixty thousand dollars ($25,000.0060,000.00) as a civil penalty for to the alleged violations in NOV F071316-PBFR-OLE. Air Pollution Control Fund (3APCF) Within fifteen (15) no later than 15 business days after CARB provides notice that the Agreement it 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 payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) shall be submitted to: California Air Resources Board Accounting Xxxxxx X.X. Xxx 0000 Xxxxxxxxxx, Xxxxxxxxxx 00000-0000 and send a copy of the same documents toto : Xxxx Xxxxxxx Xxxxxx, APS Enforcement Division California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxx Xxxxxx, XX Xxxxx 0 Xx Xxxxx, Xxxxxxxxxx 00000 (4) In addition, if the Attorney General files a civil action to enforce this settlement agreement Agreement against TORCChevron, TORC Chevron 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 Chevron has demonstrated to the satisfaction of CARB that the alleged violations have been corrected. (6) TORC Chevron 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 CARB not filing a legal action against TORC COSCO for the alleged violations referred to described above, and in consideration of the terms set out below (and TORC’s payment of the penalties), CARB and TORC COSCO agree as follows: (110) 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 . (11) Upon execution of this Agreement toAgreement, COSCO shall pay the sum of nine-hundred sixty-five thousand and three hundred dollars ($965,300.00) USD no later than October 15, 2019 into the Air Pollution Control Fund. COSCO agrees to pay by check, credit card, or wire transfer using instructions provided separately by CARB in a payment transmittal form. Payments shall be made to the following address: Xxxx Xxxxxxx Enforcement Division For payments made by check or credit card: California Air Resources Board Accounting Branch X.X. Xxx 0000 Xxxxxxxxxx, XX 00000 (2) TORC has agreed to pay the sum -0000 For payments made by wire transfer: State 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 c/o Bank of America, Inter Branch to 0148 Routing No. 0000-0000-0 Account No. 01482-80005 Notice of Transfer: Xxxx Xxxxxx X.X. Xxx 0000 Xxxxxxxxxx, Xxxxxxxxxx 00000Fax: (000) 000-0000 Reference: RMES031415-SP (12) COSCO shall promptly send the original signed and send a dated Settlement Agreement, copy of proof of the same documents penalty payment, and payment transmittal form(s) to: Xxxx Xxxxxxx Enforcement Division Xxxxx, Air Pollution Specialist California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxxx Xxxx. Sacramento, XX 00000CA 95828 (413) COSCO shall not deduct any penalties paid pursuant to this Agreement in calculating and submitting its federal, state, or local income tax. (14) COSCO shall comply with all requirements of the At-Berth Regulation (17 CCR § 93118.3). (15) This Agreement constitutes the entire agreement and understanding between CARB and COSCO concerning the subject matter hereof, and supersedes and replaces any and all prior negotiations and agreements of any kind or nature, whether written or oral, between CARB and COSCO concerning the subject matter hereof. (16) The terms of this Agreement shall be binding upon COSCO and its officers, directors, receivers, trustees, employees, successors and assignees, members, parent corporations, and subsidiaries, if any; and upon CARB and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. (17) The terms and conditions set forth in this Agreement shall remain valid and enforceable notwithstanding any future violations that may occur. (18) The effective date of this Agreement shall be the date upon which COSCO executes this Agreement. (19) No agreement to modify, amend, extend, supersede, terminate, or discharge this Agreement, or any portion thereof, is valid or enforceable unless it is in writing and signed by all Parties to this Agreement. (20) This Agreement shall further serve to toll any statute of limitation until all terms and conditions of this Agreement have been fulfilled. (21) COSCO agrees not to assert laches as a defense. (22) Each provision of this Agreement is severable, and in the event that any provision of this Agreement is held to be illegal, invalid or unenforceable in any jurisdiction, the remainder of this Agreement remains in full force and effect. (23) The headings in this Agreement are not binding and are for reference only and do not limit, expand, or otherwise affect the contents of this Agreement. (24) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, without regard to California’s choice-of-law rules. (25) It is further agreed that the penalties described in this Agreement are non- dischargeable under United States Code, title 11, section 523(a)(7). (26) In additionthe event COSCO fails to pay on time, if the Attorney General files a civil action to enforce this settlement agreement against TORC, TORC COSCO shall pay all reasonable costs associated with collection of investigating the penalties consistent with Government Code § 12513.1. (27) COSCO shall not deduct any penalties paid pursuant to this Agreement in calculating and prosecuting the actionsubmitting its federal, including reasonable expert fees state, or local income tax. (if appropriate), reasonable attorney’s fees, and reasonable costs, if and when the Attorney General 28) This Agreement is deemed to have been drafted equally by the Parties; it will not be a prevailing interpreted for or against either Party on the ground that said party by a court of competent jurisdictiondrafted it. (529) TORC has demonstrated CARB expressly reserves the right to the satisfaction bring an enforcement action based on violations of CARB that the alleged violations have been correctedlaw not covered in this Agreement and to seek whatever fines, penalties, or remedies provided by law, including injunctive relief. (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 CARB not filing a legal action against TORC BP for the alleged violations referred to above, and in consideration of the terms set out below (and TORCBP’s payment of the penaltiespenalty and funding of Supplemental Environmental Project (SEP), CARB and TORC BP agree as follows: (1) The Parties 8) BP assumes full liability for the violations alleged in the NOV, with recognition that the fuel reporting entities and credit generators with LCFS responsibilities for the fuels transactions at issue in the NOV are Xxxxxx Valley Transit Authority, Athens Services, Questar Fueling Company, and San Diego Metropolitan Transit System. BP’s assumption of liability is expressly limited to the violations alleged in the NOV and shall exchange signed copies not create a presumption of this Agreement by no later than 15 business days after receipt of this Agreement. This Agreement may be executed liability 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 00000matter. (29) TORC BP has agreed to pay a civil penalty in the sum amount of twentyone hundred and eighty-five eight thousand dollars ($25,000.00188,000.00) as a civil penalty for the alleged violations in NOV F071316F10112018-PBFR-OLEBP- RPT. (310) Within fifteen BP has agreed to undertake a SEP, as described in Attachment B, to offset a portion of the civil penalty, consistent with CARB’s SEP policy. (1511) business days after CARB provides notice that Based on BP’s agreements set forth in paragraphs 9-10, and in accordance with the Agreement has been signed by all partiesprocedures set forth in paragraphs 12-13, TORC BP shall pay $98,500.00 to the AIR POLLUTION CONTROL FUND (APCF), and BP shall pay the civil penalty in the total amount of twenty-five thousand dollars (remaining $25,000.00) by check made out 89,500.00 to the “SEP implementer, the Coalition for a Safe Environment. (12) Within 15 business days of the Effective Date, BP shall make a total payment of $98,500.00 to the Air Pollution Control Fund” TORC shall send Fund (a) one copy of this Agreement, (b) payment, and (c) APCF). The payment along with the “Settlement Agreement Payment Transmittal Form” (Attachment A) shall be submitted to: California Air Resources Board Accounting Xxxxxx X.X. Xxx 0000 Xxxxxxxxxx, Xxxxxxxxxx 00000-0000 (13) Within 15 business days of the Effective Date, BP shall make a total payment of $89,500.00 to the Coalition for a Safe Environment. The payment shall be submitted to: Xxxxx X. Xxxxxxx, Executive Director 0000 and X. Xxxxxxxxxx Xxxx., Xxx. X Xxxxxxxxxx, Xxxxxxxxxx 00000 (14) BP shall send a copy of all checks made to the same documents toAPCF and the Coalition for a Safe Environment to : Xxxx Xxxxxxx Enforcement Division Xxxxxx Xxxxx, APS California Air Resources Board X.X. Xxx 0000 XxxxxxxxxxXxxxxxx Xxxxxx, XX 00000 Xxxxx 0 Xx Xxxxx, Xxxxxxxxxx 00000 (415) In additionBP has agreed that by funding the SEP project, 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 feesBP will not receive any direct or indirect benefit, and reasonable coststhat whenever it publicizes a SEP or the results of the SEP, 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 it will state in prominent manner that the alleged violations have been corrected. (6) TORC shall not violate any provision project is being undertaken as part of the CaRFG regulation. Any future repeat violations may result in settlement of an increased penalty amountenforcement action.