ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon discovery of any new information, RIDEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I. Gen. Laws Section 42-17.1- 2(21). This Agreement shall not restrict any right to hearing or other right available by statute or regulation that the Respondents may have regarding any new enforcement action commenced by RIDEM after the execution of this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee):
(a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located;
(b) reduce the HOPE VI Grant in the amount affected by the default;
(c) terminate the HOPE VI Grant as to all further activities and initiate closeout procedures;
(d) recapture any HOPE VI Grant funds not obligated by the Grantee.
(i) If the basis for the Grantee's default is its failure to comply with the reasonable time periods established by HUD under Article II(E), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i), recapture any HOPE VI Grant funds not obligated by the Grantee.
(ii) If the Grantee fails to comply with the reasonable time periods established in Article II(E), HUD may take into account whether factors beyond the Grantee's control are the cause of the delay.
(e) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and
(f) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.
ADDITIONAL ENFORCEMENT ACTIONS. By agreeing to this Agreement, DTSC does not waive the right to take further enforcement actions, except to the extent provided in this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon discovery of any new information, DEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I. Gen. Laws §42-17.1-2(21). This Agreement shall not restrict any right to hearing or other right available by statute or regulation that the Respondent may have regarding any new enforcement action commenced by DEM after the execution of this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (c) of this Section have not been effective in curing the Default, or if the Owner has not complied with the requirements imposed by HUD under paragraph (c) and has not otherwise cured the Default, or if HUD exercises its discretion under subparagraph (b)(ii) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (c) of this Section upon written notice to the Owner): reduce the GRRP Grant in the amount affected by the Default; terminate the GRRP Grant as to all further activities and initiate closeout procedures; recapture any GRRP Grant funds not disbursed to the Owner; take action against the Grantee under 2 CFR Part 2424 and Executive Order 12549 with respect to future HUD or Federal grant awards; and take any other available legal or equitable remedial action, including, but not limited to, pursuing specific performance for the completion of the GRRP Grant activities. Delinquent Federal Debts. Consistent with the purposes and intent of 31 U.S.C. § 3720B and 28 U.S.C. § 3201(e), Owners with an outstanding federal debt must provide to HUD a negotiated repayment schedule which is not delinquent or have made other arrangements satisfactory to HUD. Owners must report to HUD changes in status of current agreements covering federal debt. If a previously agreed-upon payment schedule has not been adhered to or a new agreement with the federal agency to which the debt is owed has not been signed, the Owners will be considered to be in breach under this Agreement. Rights of the First Mortgage Lender or Investor. HUD will not seek to recover GRRP Grant funds from the Owner under this Section 12 until HUD has given notice to the First Mortgage Lender and/or Investor at the addresses listed below and allowed the First Mortgage Lender and Investor a period of thirty (30) days to cure the Default. If such Default cannot be cured within thirty (30) days then HUD may extend the cure period in writing so long as the First Mortgage Lender or Investor has notified HUD that it intends to cure the Default. Notice Addresses: ______________________________ ______________________________ ______________________________ ______________________________
ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon discovery of any new information, the RIDEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I. Gen. Laws Section 42‐17.1‐ 2(21), except that the RIDEM agrees not to take additional enforcement actions against the Respondents for matters that were or could have been alleged in the NOVs, provided that the Respondents fully comply with this Consent Agreement. This Agreement shall not restrict any right to hearing or other right available by statute or regulation that the Respondents may have regarding any new enforcement action commenced by the RIDEM after the execution of this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon discovery of any new information, RIDEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I.G.L. § 42-17.1-2(21). This Agreement shall not restrict any right to hearing or other right available by statute or regulation that the Receiver and the receivership estate and Mosaico may have regarding any new enforcement action commenced by RIDEM after the execution of this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon the discovery of any new information, RIDEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I.G.L. §§ 42-17.1-2(21), except that RIDEM agrees not to take additional enforcement actions against Respondent, his successors and assigns, including any present or future owners, lessees, and all persons, firms and corporations acting under, through and for Respondent, for matters pertaining to the Property up to and including the date of execution of this Agreement, including matters that were alleged or could have been alleged in the Prior NOVs and the NOV, provided that Respondent fully complies with the terms of this Agreement. This Agreement shall not restrict any right to hearing or other right available by statute or regulation that Respondent may have regarding any new enforcement action commenced by RIDEM after the execution of this Agreement.
ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(3) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(3) and has not otherwise cured the default, or if HUD exercises its discretion under paragraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee):
(a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the Development to any district court of the United States or to any court of the State in which the Development is located;
(b) reduce the HOPE VI Demolition Grant in the amount affected by the default;
(c) terminate this HOPE VI Grant Agreement as to all further Demolition Activities and initiate closeout procedures;
(d) recapture any grant funds not obligated by the Grantee;
(e) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and
(f) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.
ADDITIONAL ENFORCEMENT ACTIONS. Upon a determination by the Director that there is a threat to the public health or the environment, or upon discovery of any new information, RIDEM reserves the right to take additional enforcement actions as provided by law or regulation, including, but not limited to, the issuance of “Immediate Compliance Orders” as authorized by R.I. Gen. Laws Section 42-17.1-2(21). This Agreement shall not restrict any right to hearing or other right available by statute or regulation that Aspen Aerogels Rhode Island, LLC and Aspen Aerogels, Inc. may have regarding any new enforcement action commenced by RIDEM after the execution of this Agreement.
