Common use of Aggravating and Mitigating Factors Clause in Contracts

Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors and CARB’s Enforcement Policy. CARB considered whether the violators came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; the nature and persistence of the violation, including the magnitude of the excess emissions; the violators’ compliance histories; preventative efforts taken by the violators, including action taken to mitigate the violations; the innovative nature and magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; financial burden to the violators; and whether the violators voluntarily disclosed the violations. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and in consideration of the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger, depending on the unique circumstances of the case.

Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors and CARB’s Enforcement Policy. CARB considered whether the violators violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; the nature and persistence of the violation, including the magnitude of the excess emissions; the violators’ violator’s compliance historieshistory; preventative efforts taken by the violatorsviolator, including action taken to mitigate the violationsviolation; the innovative nature and magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; financial burden to the violatorsviolator; and whether the violators violator voluntarily disclosed the violationsviolation. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and in consideration of the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger, larger depending on the unique circumstances of the case.

Aggravating and Mitigating Factors. The penalties in this matter were determined in through consideration of all relevant circumstances, including statutory factors and factors, as described in CARB’s Enforcement Policy. CARB considered whether the violators violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; the nature and persistence of the violation, including the magnitude of the excess emissions; the violators’ violator’s compliance historieshistory; the preventative efforts taken by the violators, including action taken to mitigate the violationstaken; the innovative nature nature, and the magnitude of the effort effort, required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; the violator’s efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violatorsviolator; and whether the violators voluntarily disclosed the violationsvoluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and in with consideration of the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger, depending on the unique circumstances of the case.