Xxxxxxxx and Penalty Sample Clauses

Xxxxxxxx and Penalty. 6.1 甲方的违约 Party A’s Breach of Contract (1) 除合同另有约定外，由于甲方需要提前完成设计工作而导致增加的人员和费用，应另行协商。 Unless otherwise agreed in the contract, additional staffing and fees incurred by early design completion at the request of Party A shall be negotiated separately. (2) 甲方未按合同规定支付费用且未向乙方说明原因的，应偿付逾期的违约金。偿付办法与金额在合同专用条款中明确。 If Party A fails to pay the fees as stipulated in the contract and fails to explain the reasons to Party B, Party A shall pay the default penalty for payment overdue. The payment method and amount are specified in the Specific Provisions of this contract 6.2 乙方的违约 (1) 乙方私自将设计任务转包或分包的，甲方将有权单方解除合同。 If Party B privately assigns or subcontracts the design task, Party A will have the right to unilaterally terminate the contract. (2) 乙方未按照国家相关部委现行的强制性技术标准、规范和规程进行设计，或未根据成果资料进行设计，或乙方在设计文件中指定或变相指定材料或设备生产厂商、供应商的，乙方向甲方承担合同总价 10%的违约金。 Where Party B did not design according to the current mandatory technical standards, norms, procedures of the relevant national ministries, or the deliverables, or specify or disguisedly specify certain materials or equipment manufacturers or suppliers in the design documents, Party B shall pay Party A a penalty of 10% of the total contract price. (3) 乙方未能按期提交设计各阶段成果文件的（经双方同意或归于甲方原因延长期限的除外），应当向甲方支付违约金。违约金的支付方式以及金额可在本合同专用条款中具体约定。延期超过 30 天时，甲方可以终止合同。 If Party B fails to submit the deliverables for each stage of the design on time (except for an extension agreed between the Parties or attributable to Party A), Party B shall pay the default penalty to Party A. The payment method and amount of default penalty may be agreed in the Specific Provisions of this contract. Where the delay exceeds 30 days, Party A shall terminate the contract. (4) 因乙方自身原因造成设计文件深度不够，资料不足、方案错误或缺陷以及质量低劣而被要求返工的，乙方应立即提供返工后且达令人满意水准的文件。 若乙方拒绝提供令人满意的文件，且问题仍无法解决，则争议应在不影响项目正常执行之下，透过双方友好协商解决。 若因乙方原因造成重复的，经甲方核实后，所发生的重复费用由乙方自行承担，甲方不予支付。 Where the design documents are inadequate as in providing insufficient information, and erroneous or flawed scheme, and displaying poor quality for reasons attributable to Party B and rework is required, Party B shall promptly provide reworked documents to a satisfactory standard. In the event Party B refused to provide satisfactory documents and in the event that the problem remains, a resolution shall be achieved through friendly negotiation between the two parties without undermining normal execution of the project. As for duplicated work attributable to Party B, after verification by Party A, the fees incurred by such duplication shall be born...
Sample 1
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Xxxxxxxx and Penalty. 7.1 甲方的违约责任 Party A's liability for breach of contract 如甲方未按约定向乙方支付设计费，每逾期 1 天，则应按第五条规定的时程向乙方支付应付未付设计费每日 3 ‰的违约金。 Where Party A fails to pay the design fee to Party B as agreed, Party A shall pay Party B a penalty of 3‰ per day for the design fee owed to Party B in accordance with the schedule outlined in Article 5 7.2 乙方的违约责任 Party B's liability for breach of contract (1) 如乙方未按双方约定的期限或未按双方之协议向甲方提交设计成果，每逾期 1 天，则应向甲方支付该阶段成果所占合同总价部分每日 3 ‰的违约金。延期超过 30 天时，甲方有权终止合同。 If Party B fails to submit deliverables to Party A within the agreed time limit or as agreed between the Parties, Party B shall pay Party A a penalty of 3‰ of the payment for the deliverable for that stage for every day overdue. When the delay is more than 30 days, Party A has the right to terminate the contract. (2) 如乙方未经甲方同意，私自更换投标书中承诺的主要人员的，则乙方向甲方承担以下违约责任： If Party B arbitrarily replaces the key persons promised in the tender without the consent of Party A, Party B shall bear the following liability for breach of contract to Party A: a. 更换项目负责人：支付人民币 15 万元/人的违约金； Substituting Project Director: Pay a penalty of 150,000 RMB /person; b. 更换分项负责人支付人民币 10 万元/人的违约金； Substituting Technical Discipline Manager: Pay a penalty of 100,000 RMB /person; c. 更换其他主要设计人员：支付人民币 5 万元/人的违约金。Substituting other main designers: Pay a penalty of 50,000 RMB /person. (3) 如乙方未能在甲方和乙方约定的时间内给予答复、完成变更设计的，按人民币 3000元/每天承担违约金。如延期超过甲方和乙方讨论并同意的期限 15 天以上时，甲方有权委托其他单位来完成，并按实际发生费用的 1.2 倍数额，从应支付给乙方的设计费中扣除。 If Party B fails to respond and complete agreed design changes within the time discussed and agreed by Party A and Party B, Party B shall bear the penalty of RMB 3,000 per day. If the delay is more than 15 days after the time discussed and agreed between Party A and Party B, Party A has the right to entrust another team to complete the work and deduct 1.2 times of the actual costs incurred from the design fee payable to Party B. 如乙方拒不纠正其违约行为，除按上述规定处理外，甲方可终止合同。 If Party B refuses to correct the breach of contract, in addition to the above provisions, Party A may terminate the contract. (4) 如乙方后续服务负责人（包括服务质量以及服务人数等指标标准）低于投标书承诺的，甲方有权要求乙方承担人民币 15 万元的违约金；其他后续服务人员（包括服务质量以及服务人数等指标标准）低于投标书承诺的，甲方有权要求乙方承担人民币 5 万元的违约金。 If Party B’s appointed person in charge of the service (including the service quality and the number of service personnel) does not fulfil the commitments made in the tender, Party A has the right to require Party B to bear the default penalty of RMB 150,000. Where other subsequently assigned persons (including the quality of servi...
Sample 1

Related to Xxxxxxxx and Penalty

  • Fines and Penalties Qwest shall be liable to pay to CLEC fines and penalties for resold services in accordance with the Commission's retail service requirements that apply to Qwest retail services, if any. Such credits shall be limited in accordance with the following: a) Qwest's fines and penalties paid to CLEC shall be subject to the wholesale discount; b) Qwest shall only be liable to provide fines and penalties in accordance with the resold services provided to CLEC. Qwest is not required to pay fines and penalties for service failures that are the fault of CLEC; c) Intentionally Left Blank. d) In no case shall Qwest's fines and penalties to CLEC exceed the amount Qwest would pay the Commission under the service quality plan, less any wholesale discount applicable to CLEC's resold services; and e) In no case shall Qwest be required to provide duplicate reimbursement or payment to CLEC for any service quality failure incident.

  • Civil Penalty Payment Pursuant to Health and Safety Code § 25249.7(b)(2), and in settlement of all claims alleged in the Notice or referred to in this Settlement Agreement, XR agrees to pay two thousand ($2,000.00) in civil penalties. The penalty payment will be allocated in accordance with California Health and Safety Code §§ 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of Environmental Health Hazard Assessment (“OEHHA”) and the remaining 25% of the penalty amount retained by EHA. Shall issue two separate checks for the initial civil penalty payment to (a) “OEHHA” and (b) Environmental Health Advocates, Inc. as follows:  One payment of $1,500.00 to OEHHA, due 14 (fourteen) days after the Effective Date.  One payment of $500.00 to EHA, due 14 (fourteen) days after the Effective Date. All payments owed to OEHHA (EIN: 00-0000000), pursuant to this Section shall be delivered directly to OEHHA (Memo Line "Prop 65 Penalties") at the following addresses: P.O. Box 4010 Sacramento, CA 95812-4010 All penalty payments owed to EHA shall be sent to: Xxxxx Xxxxxx Environmental Health Advocates 000 Xxxxxxxx, Xxxxx 0000 Xxx Xxxxx, XX 00000

  • Civil Penalty ORLY shall issue two separate checks for a total amount of five hundred dollars ($500.00) as penalties pursuant to California Health & Safety Code § 25249.12 as follows: (a) one check made payable to the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) in the amount of three hundred and seventy five dollars ($375.00), representing 75% of the total penalty; and (b) one check to Xxxx Xxxxxxx in the amount of one hundred and twenty five dollars ($125.00), representing 25% of the total penalty. Additionally, two separate 1099’s shall be issued for the above payments. The first 1099 shall be issued to OEHHA, PO Box 4010, Sacramento, CA 95184 (EIN: 00-0000000) in the amount of $375.00. The second 1099 shall be issued in the amount of $125.00 to Xxxx Xxxxxxx be addressed to Xxxx Xxxxxxx C/O Xxxxxx X. Xxxxxxxx, Law Corporation and shall be delivered to Xxxxxx X. Xxxxxxxx, Law Corporation, 0000 X. Xxxxxxxxx, #649, Manhattan Beach, CA 90266. At ORLY's request, Xxxxxxx'x counsel shall provide ORLY with a W-9 for Xxxxxxx prior to the Effective Date.

  • Payment of Stipulated Penalties EPA may send Purchaser a demand for stipulated penalties. The demand will include a description of the noncompliance and will specify the amount of the stipulated penalties owed. Purchaser may initiate dispute resolution under Section XIII regarding the demand. Purchaser shall pay the amount demanded or, if Purchaser initiates dispute resolution, the uncontested portion of the amount demanded, within 30 days after receipt of the demand. Purchaser shall pay the contested portion of the penalties determined to be owed, if any, within 30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand or uncontested portion, if late, and; (b) the contested portion of the penalty demand determined to be owed, if any, must include an additional amount for Interest accrued from the date of receipt of the demand through the date of payment. Purchaser shall make payment at xxxxx://xxx.xxx.xxx using the link for “EPA Miscellaneous Payments Cincinnati Finance Center,” including a reference to the CERCLA docket number and Site/Spill ID number listed in ¶ 92, and the purpose of the payment. Purchaser shall send a notice of this payment to DOJ and EPA. The payment of stipulated penalties and Interest, if any, does not alter any obligation by Purchaser under this Settlement. Nothing in this Settlement limits the authority of the United States: (a) to seek any remedy otherwise provided by law for Purchaser’s failure to pay stipulated penalties or interest; or (b) to seek any other remedies or sanctions available by virtue of Purchaser’s noncompliance with this Settlement or of the statutes and regulations upon which it is based including penalties under section 106(b) of CERCLA provided, however, that the United States may not seek civil penalties under section 106(b) for any noncompliance for which a stipulated penalty is provided herein, except in the case of a willful noncompliance with this Settlement or in the event that EPA assumes performance of a portion or all of the Work pursuant to ¶ 30 (Work Takeover). Notwithstanding any other provision of this Section, the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued under this Settlement.

  • Submitting False Claims; Monetary Penalties The AOC shall be entitled to remedy any false claims, as defined in California Government Code section 12650 et seq., made to the AOC by the Contractor or any Subcontractor under the standards set forth in Government Code section 12650 et seq. Any Contractor or Subcontractor who submits a false claim shall be liable to the AOC for three times the amount of damages that the AOC sustains because of the false claim. A Contractor or Subcontractor who submits a false claim shall also be liable to the AOC for (a) the costs, including attorney fees, of a civil action brought to recover any of those penalties or damages, and (b) a civil penalty of up to $10,000 for each false claim.

  • Xxxxxxxxx and X Xxxxxxx. A

  • Xxxxxxxx and X X. Xxxxxxx, Free electron laser-Fourier transform ion cyclotron resonance mass spectrometry facility for obtaining infrared multiphoton dissociation spectra of gaseous ions, Rev. Sci. Instrum., 2005, 76, 023103. 39 N. C. Xxxxxx and X. Xxxxxx, Reaction products in mass spectrometry elucidated with infrared spectroscopy, Phys. Chem. Chem. Phys., 2007, 9, 3804–3817. 40 X. Xxxxxxx, X. Xxxxxx, X. X. Xxxxxxxx and X. Xxxxxx, Infrared ion spectroscopy in a modified quadrupole ion trap mass spectrometer at the XXXXX free electron laser laboratory, Rev. Sci. Instrum., 2016, 87, 103108. 41 X. Xxxxxxx, X. Xxxxxxx, X. Xxxxxx and X. Xxxxxx, Structural identification of electron transfer dissociation products in mass spectrometry using infrared ion spectroscopy, Nat. Commun., 2016, 7, 11754. 42 X. Xxxxxx, X. X. Xxxxxxxx, X. Xxxxxx and X. Xxx Xxxxxx, Gas-phase infrared multiple photon dissociation spectro- scopy of mass-selected molecular ions, Int. J. Mass Spectrom., 2006, 254, 1–19.

  • Xxxxxxx Xxxxxxx Policy The terms of the Partnership’s xxxxxxx xxxxxxx policy with respect to Units are incorporated herein by reference.

  • XXXXXXXX AND W XXXXXXX XXXXXX

  • Work Hour Penalty Eight hours of labor constitute a legal day's work, and forty hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight hours per day of not less than 1-1/2 times the basic rate of pay.

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