Civil Actions for Penalties Sample Clauses

Civil Actions for Penalties. Any person who violates any of the provisions of or who fails to perform any duty imposed by this Law, or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder, shall be liable to the Town of Xxxxxxx for a civil penalty not to exceed one thousand dollars ($1000) for each such violation, to be assessed after a hearing (unless the User waives the right to a hearing) held in conformance with the procedures set forth in this Article. Each violation shall be separate and distinct violation, and in the case of continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Town of Xxxxxxx Attorney, or his designated attorney, at the request of the Superintendent in the name of the Town of Xxxxxxx, in any court of competent jurisdiction giving preference to courts local to the Town of Xxxxxxx. In addition to the above described penalty, the Superintendent may recover all damages incurred by the Town of Xxxxxxx from any persons or Users who violate any provisions of this Law, or who fail to perform any duties imposed by this Law or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder. In addition to the above described damages, the Superintendent may recover all reasonable attorney's fees incurred by the Town of Xxxxxxx in enforcing the provisions of this Article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Superintendent may also recover court costs, and other expenses associated with the enforcement activities, including water sampling and monitoring expenses. In determining the amount of civil penalty, the court shall take into account all relative circumstances, including, but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other relative factors as justice may require. Such civil penalty may be released or compromised by the Superintendent before the matter has been referred to the Town of Xxxxxxx Attorney, and where such matter has been referred to the Town of Xxxxxxx Attorney, any such penalty may be released or compromised and any action commenced to recover the same may ...
Sample 1
AutoNDA by SimpleDocs

Related to Civil Actions for Penalties

  • Civil Penalties The contractor and its subcontractors and suppliers who are indemnified under the provisions of this clause are subject to civil penalties, pursuant to section 234A of the Act, for violations of applicable DOE nuclear- safety related rules, regulations, or orders. If the contractor is a not-for-profit contractor, as defined by section 234Ad.(2), the total amount of civil penalties paid shall not exceed the total amount of fees paid within any 1-year period (as determined by the Secretary) under this contract.

  • Civil Actions Except when the Joint Committee established under Article 28 considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of their duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.

  • Statutory Penalties The defendant understands that upon his plea of guilty to Count One of the indictment charging him with conspiracy, the maximum penalty the Court may impose is not more than five years of imprisonment, a $250,000.00 fine, three years of supervised release, an order of restitution, and a $100.00 mandatory special assessment which must be paid in full at the time of sentencing. The defendant further understands that this offense is a Class D felony.

  • Civil Action except where a joint Union-Employer Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings including those of the employee.

  • 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.

  • Civil Penalty Within ten (10) days of the Effective Date, West Xxxxxxx shall issue two (2) separate checks for the Civil Penalty payment to (a) “OEHHA” in the amount of $375.00; and to (b) “Xxxxxxx & Xxxxx in Trust for Xxxxxxxx” in the amount of $125.00. The Civil Penalty payment(s) shall be delivered to the addresses identified in § 3.2, below.

  • Criminal Penalties Any individual director, officer, or employee of the contractor or of its subcontractors and suppliers who are indemnified under the provisions of this clause are subject to criminal penalties, pursuant to section 223(c) of the Act, for knowing and willful violation of the Atomic Energy Act of 1954, as amended, and applicable DOE nuclear safety-related rules, regulations or orders which violation results in, or, if undetected, would have resulted in a nuclear incident.

  • Shift Penalties (1) In addition to an employee’s ordinary salary (including higher duties allowance), the employee is entitled to the highest penalty rate for shiftwork that applies to the performance of shiftwork set out in the following table: Rostered time of ordinary duty Penalty rate (% of employee’s hourly rate of salary) Ordinary duty, any part being between 6:00 pm and 6:30 am 15% Ordinary hours worked continuously for a period exceeding 4 weeks on a shift falling wholly within the period from 6:00 pm to 8:00 am 30% Ordinary duty, Saturday 50% Ordinary duty, Sunday 100% Ordinary duty, public holiday 150%

  • 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:

  • STIPULATED PENALTIES OIG may assess:

Time is Money Join Law Insider Premium to draft better contracts faster.