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