Violations and Remedies. (i) If a violation of this Section 8.24 shall have been alleged by the Agency, the DCA and/or the Comptroller, then written notice will be provided to Lessee for such alleged violation (an “LW Violation Notice”), specifying the nature of the alleged violation in such reasonable detail as is known to the Agency, the DCA and the Comptroller (the “Asserted LW Violation”) and specifying the remedy required under Section 8.24(k)(ii), (iii), (iv), (v) and/or (vi) (as applicable) to cure the Asserted LW Violation (the “Asserted Cure”). Upon Lessee’s receipt of the LW Violation Notice, Lessee may either:
(1) Perform the Asserted Cure no later than 30 days after its receipt of the LW Violation Notice (in which case a “LW Violation Final Determination” shall be deemed to exist), or
(2) Provide written notice to the Agency, the DCA and the Comptroller indicating that it is electing to contest the Asserted LW Violation and/or the Asserted Cure, which notice shall be delivered no later than 30 days after its receipt of the LW Violation Notice. Lessee shall bear the burdens of proof and persuasion and shall provide evidence to the DCA no later than 45 days after its receipt of the LW Violation Notice. The DCA shall then, on behalf of the City, the Agency and the Comptroller, make a good faith determination of whether the Asserted LW Violation exists based on the evidence provided by Lessee and deliver to Lessee a written statement of such determination in reasonable detail, which shall include a confirmation or modification of the Asserted LW Violation and Asserted Cure (such statement, a “LW Violation Initial Determination”). Upon Lessee’s receipt of the LW Violation Initial Determination, Lessee may either:
(A) Accept the LW Violation Initial Determination and shall perform the Asserted Cure specified in the LW Violation Initial Determination no later than 30 days after its receipt of the LW Violation Initial Determination (after such 30 day period has lapsed, but subject to clause (B) below, the LW Violation Initial Determination shall be deemed to be a “LW Violation Final Determination”), or
(B) Contest the LW Violation Initial Determination by filing in a court of competent jurisdiction or for an administrative hearing no later than 30 days after its receipt of the LW Violation Initial Determination, in which case, Lessee’s obligation to perform the Asserted Cure shall be stayed pending resolution of the action. If no filing in a court of competent jurisdiction or ...
Violations and Remedies. If NRCS determines that a partic- ipant is in violation of a cost-share agreement, NRCS will give the parties to the cost-share agreement notice of the violation and a minimum of 60 days to correct the violation and comply with the terms of the cost-share agree- ment and attachments thereto.
Violations and Remedies. Unauthorized Disclosure: If a Contractor or any Designated Individual knows or has a reasonable belief that documents subject to the Specification have been or may be disclosed to an unauthorized person(s), the Contractor and/or Designated Individual shall immediately notify the TJPA. The TJPA shall make the final determination as to whether a violation of the Specification occurred and the course of action to address the violation. Remedies: Any Contractor or Designated Individual that violates the Specification with respect to Confidential Information, SSI and/or PCII shall, at the TJPA’s election, be subject to any of the following: (1) written reprimand of the Contractor and/or Designated Individual; (2) termination of the Contractor or Designated Individual’s access to Confidential Information, SSI, or PCII; (3) directive to the Contractor to immediately suspended the Designated Individual from performing any further work relating to the Project; (4) if a contract has been awarded, treatment of the unauthorized disclosure of Confidential Information, SSI, or PCII as a material breach of the contract, warranting the termination of the contract for cause; (5) commencement of legal proceedings for any other legal rights and remedies, including injunctive relief and monetary damages arising from the breach of contract; (6) reporting of any violation related to SSI or PCII to the Department of Homeland Security, the Transportation Security Administration, or the Department of Transportation (these agencies may also independently assess penalties and/or take corrective action as provided under Federal law, including 49 C.F.R. §§ 15.17 and 1520.17); (7) disqualification of a Contractor from bidding on any work for the Project; and/or (8) written directive to retrieve all Confidential Information, SSI, and/or PCII disclosed to unauthorized persons at Contractor’s expense and to cease future unauthorized disclosure. If legal proceedings to enforce any remedy set forth under this paragraph are commenced by the TJPA, the prevailing party in such legal action shall be entitled to reasonable attorney’s fees and costs. Furthermore, Contractor agrees to indemnify the TJPA for any expenses or damages (including attorney’s fees or costs) incurred by the TJPA arising out of or relating to the Contractor and/or Designated Individual’s unauthorized disclosure of Confidential Information, SSI, and/or PCII.
Violations and Remedies. If an AO receives credible information from any source that the recipient, subrecipient, contractor; or any agent of the recipient, subrecipient, or contractor, is engaged in prohibited activities related to trafficking in persons (as defined by the mandatory standard provision on trafficking in persons), the AO must immediately notify both the Office of the Inspector General (OIG) and the Suspending and Debarring Official (SDO). The AO must also consult with the Labor Compliance Advisor at xxx@xxxxx.xxx. The AO may also direct the recipient to take specific steps to xxxxx an alleged violation or enforce the requirements of the recipient’s compliance plan. If necessary, the OIG will conduct an investigation of the alleged offense. Upon receipt of an IG report that provides support for the allegations, M/OAA will identify an agency official who will be responsible for expeditiously conducting an administrative proceeding, allowing the recipient an opportunity to respond to the report. After the proceeding, the authorized agency official will make a final determination as to whether the allegations are substantiated and will notify the AO and the Director, M/OAA. The AO, in consultation with the Director, M/OAA, will consider taking one or more of the following remedial actions:
1. Requiring the recipient to remove an employee from the performance of work under the award;
2. Requiring the recipient to terminate a contract or a subaward;
3. Suspending payments under the award until such a time as the recipient of the award has taken appropriate remedial action;
4. Terminating the award, in accordance with 2 CFR 200 and 2 CFR 700 for
5. Referring the matter to the SDO.
Violations and Remedies. Enforcement. The Parties agree that this Contract may be introduced in any enforcement proceeding as the stipulation of the Parties hereto. If NRCS determines that a Landowner is in violation of the terms of this Contract, or the terms of documents incorporated by reference into this Contract, the Landowner shall be given reasonable notice and an opportunity to voluntarily correct the violation within 30 days of the date of notice, or such additional time as the State Conservationist determines is necessary to correct the violation. If there is a continued failure of the Landowner to comply with any of the provisions of this Contract, NRCS or other delegated authority shall have any legal or equitable remedy provided by law and the right:
1. To enter upon the Property to perform necessary work for prevention of or remediation of damage to wetland or other natural values; and,
2. To assess all expenses incurred by NRCS (including any legal fees or attorney fees) against the Landowner, to be owed immediately to the United States.
Violations and Remedies. 1. If SPTC has reason to believe you are in violation of any system rules, terms or conditions of this Agreement, or are conducting any activities believed harmful to SPTC, its system, or other users, SPTC may exercise any or all of the following remedies:
a. SPTC may report the matter to the proper authorities and fully cooperate with any official investigation.
b. SPTC may exercise any other right, remedy, or action, which is appropriate in view of the nature of the violation of system rules, or other harmful activity.
c. SPTC may immediately terminate your service, and shall have no obligation to return email or other files stored on the system.
Violations and Remedies. If an AO receives credible information from any source that the recipient, subrecipient, contractor; or any agent of the recipient, subrecipient, or contractor, is engaged in prohibited activities related to trafficking in persons (as defined by the mandatory standard provision on trafficking in persons), the AO must immediately notify both the Office of the Inspector General (OIG) and M/MPBP/RSC at xxxxxxxxxxx@xxxxx.xxx. AOs must consult ADS 113mab, Guidance on Receiving and Responding to Allegations of Misconduct Related to Safeguarding in USAID Programs. The AO may also direct the recipient to take specific steps to xxxxx an alleged violation or enforce the requirements of the recipient’s compliance plan. If necessary, the OIG will conduct an investigation of the alleged offense.
Violations and Remedies. The Executive acknowledges that a breach of any restrictive covenant will irreparably and continually damage the Group, for which money damages may not be adequate. Consequently, the Executive agrees that in the event that he breaches or threatens to breach any of the covenants, the Company and the Group shall be entitled to: (1) preliminary and permanent injunctions to prevent the continuation of such harm; and (2) such money damages as may be appropriate and provable.
Violations and Remedies. 1. If Horizons has reason to believe you are in violation of any system rules, terms or conditions of this Agreement, or are conducting any activities believed harmful to Horizons, its system, or other users, Horizons may exercise any or all of the following remedies:
a. Horizons may report the matter to the proper authorities and fully cooperate with any official investigation.
b. Horizons may exercise any other right, remedy, or action, which is appropriate in view of the nature of the violation of system rules, or other harmful activity.
c. Horizons may immediately terminate your service, and shall have no obligation to return email or other files stored on the system.
Violations and Remedies. A violation of this Agreement may result in the loss of eligibility for one or more Parade of Homes/Remodelers Showcase events, the imposition of a fine or the imposition of probation. In addition, I agree Housing First Minnesota is entitled to obtain injunctive relief to enforce this Agreement. I agree that, if Housing First Minnesota obtains such injunctive relief, it is not required to post a bond as condition to the granting of such relief. I agree that damages alone will not be adequate to protect the interest of Housing First Minnesota and its members and I agree that injunc- tive relief is appropriate. I agree to pay all attorneys’ fees, costs and expenses incurred by Housing First Minnesota in connection with any legal proceeding commenced against me by Housing First Minnesota as a result of my breach of this Agreement, breach of Housing First Minnesota Servicemarks Agreement or violation of the Parade of Homes Remodelers Showcase® guidelines attached to this Agreement.
