Voluntary Compliance. In connection with breaches of this Agreement for 30 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, during which period the Member may propose an alternative method of compensating the 2 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 3 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 4 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 25 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 26 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 27 collection, during which period the Member may propose an alternative method of compensating the 2 28 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 3 29 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 4 30 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 31 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 1 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 2 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 3 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 4 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 5 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 which a 15 Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 provide 16 the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, 17 during which period the Member may propose an alternative method of compensating the 2 Sector and 18 other Sector Members for the damages suffered as the result of such Member’s breach. The 3 19 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 4 20 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 21 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 22 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 23 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 24 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 25 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 26 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 22 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 23 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, 24 during which period the Member may propose an alternative method of compensating the 2 Sector and 25 other Sector Members for the damages suffered as the result of such Member’s breach. The 3 Enforcement 26 Committee may approve or disapprove any alternative form of compensation in its sole 4 discretion, 27 provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 shall be no 28 liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 other 29 Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 Enforcement 30 Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 by the Sector Xxxxxx 0 in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 and fees if 2 such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement agreement for 30 which a Member member is 27 liable to the Sector sector or other Sector Members sector members for liquidated damages, the Sector sector shall 31 provide the 28 breaching Member member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, during 29 which period the Member member may propose an alternative method of compensating the 2 Sector sector and 30 other Sector Members sector members for the damages suffered as the result of such Membermember’s breach. The 3 31 Enforcement Committee may approve or disapprove any alternative form of compensation in its 32 sole 4 discretion, provided that if the breach at issue is an overharvest of a Membermember’s Harvest Shareharvest share, 33 there 5 shall be no liquidated damages imposed if the Member member in breach obtains sufficient Harvest Share harvest 34 share from 6 other Members members to offset the overharvest, and tenders conclusive evidence to that effect 35 to the 7 Enforcement Committee. Such Member member shall nevertheless remain liable for the costs and 36 fees incurred 8 by the Sector sector in connection with the alleged breach, and the Sector sector shall be entitled 37 to collect such costs 9 and fees if such Member member fails to pay the same within ten (10) days of receiving 38 the Sectorsector’s demand for 10 payment. “Upon approval, each sector vessel will be issued a Letter of 39 Authorization (LOA) specifying the exemptions granted. Vessels must comply with all 40 requirements stipulated in the LOA and all applicable Federal regulations and laws not 41 specifically exempted in the LOA.” 42
Appears in 1 contract
Samples: www.fisheries.noaa.gov
Voluntary Compliance. In connection with breaches of this Agreement for 30 15 which a Member is liable to the Sector or other Sector Members for liquidated damages, the 16 Sector shall 31 provide the breaching Member fifteen (15) days prior notice of its intent to exercise 17 its rights of 1 collection, during which period the Member may propose an alternative method of 18 compensating the 2 Sector and other Sector Members for the damages suffered as the result of 19 such Member’s breach. The 3 Enforcement Committee may approve or disapprove any 20 alternative form of compensation in its sole 4 discretion, provided that if the breach at issue is an 21 overharvest of a Member’s Harvest Share, there 5 shall be no liquidated damages imposed if the 22 Member in breach obtains sufficient Harvest Share from 6 other Members to offset the 23 overharvest, and tenders conclusive evidence to that effect to the 7 Enforcement Committee. 24 Such Member shall nevertheless remain liable for the costs and fees incurred 8 by the Sector in 25 connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 and 26 fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand 27 for 10 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 8 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 provide the 9 breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, during 10 which period the Member may propose an alternative method of compensating the 2 Sector and other 11 Sector Members for the damages suffered as the result of such Member’s breach. The 3 Enforcement 12 Committee may approve or disapprove any alternative form of compensation in its sole 4 discretion, 13 provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 shall be no 14 liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 other 15 Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 Enforcement 16 Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 by the Sector Xxxxxx 00 in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 and fees if 18 such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 9 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 10 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 11 collection, during which period the Member may propose an alternative method of compensating the 2 12 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 3 13 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 4 14 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 15 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 16 other Members to offset the overharvest, and tenders tenders’ conclusive evidence to that effect to the 7 17 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 18 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 19 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 20 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 27 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 28 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 29 collection, during which period the Member may propose an alternative method of compensating the 2 30 Sector and other Sector Members for the damages suffered as the result of such Member’s breach. The 3 31 Enforcement Committee may approve or disapprove any alternative form of compensation in its sole 4 1 discretion, provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 2 shall be no liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 3 other Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 4 Enforcement Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 5 by the Sector in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 6 and fees if such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 7 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement
Voluntary Compliance. In connection with breaches of this Agreement for 30 27 which a Member is liable to the Sector or other Sector Members for liquidated damages, the Sector shall 31 28 provide the breaching Member fifteen (15) days prior notice of its intent to exercise its rights of 1 collection, 29 during which period the Member may propose an alternative method of compensating the 2 Sector and 30 other Sector Members for the damages suffered as the result of such Member’s breach. The 3 Enforcement 31 Committee may approve or disapprove any alternative form of compensation in its sole 4 discretion, 1 provided that if the breach at issue is an overharvest of a Member’s Harvest Share, there 5 shall be no 2 liquidated damages imposed if the Member in breach obtains sufficient Harvest Share from 6 other 3 Members to offset the overharvest, and tenders conclusive evidence to that effect to the 7 Enforcement 4 Committee. Such Member shall nevertheless remain liable for the costs and fees incurred 8 by the Sector Xxxxxx 0 in connection with the alleged breach, and the Sector shall be entitled to collect such costs 9 and fees if 6 such Member fails to pay the same within ten (10) days of receiving the Sector’s demand for 10 payment.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement