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