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