Voluntary Compliance. In connection with breaches of this Agreement for which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of collection, during which period the Member may propose an alternative method of compensating the Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The Enforcement Committee may approve or disapprove any alternative form of compensation in its sole discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from other Members to offset the overharvest, and tenders conclusive evidence to that effect to the Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for payment.
Appears in 23 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 9 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 10 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 11 collection, during which period the Member may propose an alternative method of compensating the 12 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 13 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 14 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 15 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 16 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 17 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 18 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 19 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 20 payment.
Appears in 9 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 13 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 14 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 15 collection, during which period the Member may propose an alternative method of compensating the 16 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 17 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 18 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 19 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 20 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 21 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 22 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 23 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 24 payment.
Appears in 7 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for which a 24 Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall provide 25 the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of collection, 26 during which period the Member may propose an alternative method of compensating the Sector and 27 other Sector Members for the damages suffered as the result of such Member’s breach. The 28 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 29 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 30 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 31 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 1 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 2 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 3 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for payment.for
Appears in 4 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement agreement for which a Member member is 47 liable to the Sector sector or other Sector Members sector members for liquidated damages, the Sector sector shall provide the 1 breaching Member member fifteen (15) days prior notice of its intent to exercise its rights of collection, during 2 which period the Member member may propose an alternative method of compensating the Sector sector and 3 other Sector Members sector members for the damages suffered as the result of such Membermember’s breach. The 4 Enforcement Committee may approve or disapprove any alternative form of compensation in its 5 sole discretion, provided that if the breach at issue is an overharvest of a Membermember’s Harvest Shareharvest share, 6 there shall be no liquidated damages imposed if the Member member in breach obtains sufficient Harvest Share harvest 7 share from other Members members to offset the overharvest, and tenders conclusive evidence to that effect 8 to the Enforcement Committee. Such Member member shall nevertheless remain liable for the costs and 9 fees incurred by the Sector sector in connection with the alleged breach, and the Sector sector shall be entitled 10 to collect such costs and fees if such Member member fails to pay the same within ten (10) days of receiving 11 the Sectorsector’s demand for payment.
Appears in 4 contracts
Samples: Fishing Sector Operations Plan and Agreement, Fishing Sector Operations Agreement, Fishing Sector Operations Agreement
Voluntary Compliance. In connection with breaches of this Agreement agreement for which a Member member is 3 liable to the Sector sector or other Sector Members sector members for liquidated damages, the Sector sector shall provide the 4 breaching Member member fifteen (15) days prior notice of its intent to exercise its rights of collection, during 5 which period the Member member may propose an alternative method of compensating the Sector sector and 6 other Sector Members sector members for the damages suffered as the result of such Membermember’s breach. The 7 Enforcement Committee may approve or disapprove any alternative form of compensation in its 8 sole discretion, provided that if the breach at issue is an overharvest of a Membermember’s Harvest Shareharvest share, 9 there shall be no liquidated damages imposed if the Member member in breach obtains sufficient Harvest Share harvest 10 share from other Members members to offset the overharvest, and tenders conclusive evidence to that effect 11 to the Enforcement Committee. Such Member member shall nevertheless remain liable for the costs and 12 fees incurred by the Sector sector in connection with the alleged breach, and the Sector sector shall be entitled 13 to collect such costs and fees if such Member member fails to pay the same within ten (10) days of receiving 14 the Sectorsector’s demand for payment.
Appears in 4 contracts
Samples: Fishing Operations Agreement, Fishing Sector Operations Agreement, Fishing Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 14 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 15 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 16 collection, during which period the Member may propose an alternative method of compensating the 17 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 18 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 19 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 20 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 21 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 22 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 23 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 24 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 25 payment.
Appears in 3 contracts
Samples: Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 2 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 3 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 4 collection, during which period the Member may propose an alternative method of compensating the 5 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 6 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 7 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 8 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 9 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 10 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 11 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 12 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 13 payment.
Appears in 3 contracts
Samples: Sector Agreement, Sector Agreement, Sector Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 5 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 6 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 7 collection, during which period the Member may propose an alternative method of compensating the 8 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 9 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 10 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 11 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 12 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 13 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 14 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 15 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 16 payment.
Appears in 3 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 8 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 9 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 10 collection, during which period the Member may propose an alternative method of compensating the 11 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 12 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 13 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 14 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 15 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 16 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 17 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 18 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 19 payment.
Appears in 3 contracts
Samples: Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 4 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 5 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 6 collection, during which period the Member may propose an alternative method of compensating the 7 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 8 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 9 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 10 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 11 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 12 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 13 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 14 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 15 payment.
Appears in 3 contracts
Samples: Sector Agreement, Northeast Fishery Sector Operations Plan and Agreement, Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for which a 22 Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of collection, 24 during which period the Member may propose an alternative method of compensating the Sector and 25 other Sector Members for the damages suffered as the result of such Member’s breach. The 26 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 27 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 28 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 29 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 30 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 31 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 1 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 2 payment.
Appears in 1 contract
Samples: Northeast Fishery Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 2 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 4 collection, during which period the Member may propose an alternative method of compensating the 5 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 6 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 7 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 8 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 9 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 10 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 11 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 12 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 13 payment.
Appears in 1 contract
Samples: Sector Agreement
Voluntary Compliance. In connection with breaches of this Agreement agreement for which a Member member is liable to the Sector sector or other Sector Members sector members for liquidated damages, the Sector sector shall provide the breaching Member member fifteen (15) days prior notice of its intent to exercise its rights of collection, during which period the Member member may propose an alternative method of compensating the Sector sector and other Sector Members sector members for the damages suffered as the result of such Membermember’s breach. The Enforcement Committee may approve or disapprove any alternative form of compensation in its sole discretion, provided that if the breach at issue is an overharvest of a Membermember’s Harvest Shareharvest share, there shall be no liquidated damages imposed if the Member member in breach obtains sufficient Harvest Share harvest share from other Members members to offset the overharvest, and tenders conclusive evidence to that effect to the Enforcement Committee. Such Member member shall nevertheless remain liable for the costs and fees incurred by the Sector sector in connection with the alleged breach, and the Sector sector shall be entitled to collect such costs and fees if such Member member fails to pay the same within ten (10) days of receiving the Sectorsector’s demand for payment.
Appears in 1 contract
Samples: Fishing Sector Operations Agreement