Consistency with Precedent Sample Clauses

Consistency with Precedent. The Commission has described the role of precedent as follows: Penalties are assessed in a wide range of cases. The penalties assessed in cases are not usually directly comparable. Nevertheless, when a case involves reasonably comparable factual circumstances to another case where penalties were assessed, the similarities and differences between the two cases should be considered in setting the penalty amount. The ACO is reasonable when compared to the outcome of another Commission proceeding. CPED considered the facts of this matter with a recent Southern California Gas Company (SoCalGas) deposits case (Resolution UEB-012) for which the 11 Enforcement Policy, p. 19. Resolution UEB-016 DRAFT April 24, 2025 Commission adopted a final resolution on April 6, 2023. In Resolution UEB-012, the Commission approved the settlement agreement between SoCalGas and CPED for improper collection of residential and small business deposits during the COVID-19 customer protection period and after the issuance of D.▇▇-▇▇-▇▇▇, which eliminated deposits for residential customers. Under Resolution UEB-012, SoCalGas agreed to pay a total of $2.7 million at shareholders’ expense. Of that amount, nearly $2.1 million was paid to customers who were improperly charged a deposit. The parties allocated $213,725 to SoCalGas’ Gas Assistance Fund and $400,000 in penalties payable to the State of California’s General Fund. The total number of Bolt’s affected customers is only a fraction compared to SoCalGas’ violations, which billed 33,115 residential and small business customers deposits for establishment or reestablishment of service from May 7, 2020 through April 21, 2021, and 16,709 of these customers paid the deposit. Furthermore, ▇▇▇▇’s case has additional mitigating factors, such as the contention that ▇▇▇▇’s unlawful billing of ETFs stemmed from a difference in interpretation of tariff rules and the fact that ▇▇▇▇ has already voluntarily refunded and foregone all lawfully collected ETFs in a show of good will and to prevent any further alleged violations. As such, the CPED believes the penalty imposed in this case is reasonable and is in proportion to the harm caused by ▇▇▇▇’s actions.
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Related to Consistency with Precedent

  • Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-TSO-TMP-398, including all addenda; and ▇▇▇▇▇▇▇ ▇, ▇▇▇ ▇▇▇-▇▇▇-▇▇▇-▇▇▇, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions.

  • Description of the procurement The service to include storage, collection, treatment, and return of sharps waste containers designed for the disposal of sharp medical waste, such as needles, syringes, lancets, scalpels, contaminated glass slides and cover slips, razors, and blades. The waste management process is expected to cover the collection, emptying and sanitization of the containers in a controlled environment. The return and replacement of the used containers after being treated, sanitised and reassembled to be re-used. TERMS AND CONDITIONS/ACTIVITY BASED INCOME (ABI) The terms and conditions of this framework agreement and any resulting call-off contract is appended to the ITT. These terms include provisions requiring the payment by the supplier of an ABI management charge in consideration of the award of this framework agreement, The management and administration by HTE of the overall contract structure and associated documentation,as well as the requirement to submit regular management information to HTE. SUBMISSION OF EXPRESSIONS OF INTEREST AND PROCUREMENT INFORMATION This exercise will be conducted on the HTE Bravo portal. Candidates wishing to be considered must register expressions of interest as follows: Register on the HTE portal at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇. Log into the portal with username/password. Click the SQs/ITTs Open to All Suppliers link. These are the SQs/ITTs open to any registered supplier. Click on the relevant SQ/ITT to access the content. Click the Express Interest button at the top of the page. This will move the SQ/ITT into your My SQs/My ITTs page. You can access any attachments by clicking Buyer Attachments in the SQ/ITT Details box. Follow the on screen instructions to complete the SQ/ITT. Submit your reply using the Submit Response button at the top of the page. If you require any further advice, contact the Bravo e-Tendering Help Desk at ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇. HTE utilises the sid4gov supplier information database. Candidates should register on sid4gov at ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/organisation/register and submit their sid4gov company profile for publication on the database. Candidates already registered on sid4gov must ensure information is up to date. Where access to sid4gov is unavailable, please contact the sid4gov helpdesk at ▇▇▇▇▇▇▇@▇▇▇.▇▇▇.▇▇▇.▇▇. Please note that sid4gov does not prepopulate any fields on HTE's Bravo portal. Candidates must complete the Qualification & Technical Envelopes in Bravo in full.

  • Introduction The Texas Health and Human Services Commission ("HHSC") and the Contractor named in Section I (HHSC and Contractor may be referenced in this document collectively as the “Parties” and individually as the “Party") hereby enter into this Community Services Contract - Provider Agreement (the “Contract”) for the provision of services under the Contract type specified in Section I for the considerations set forth herein. The Contract Begin Date specified in Section I is not valid until this Contract is signed by both parties.

  • Insurance Requirements Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of VII and at least a rating of “A‐” by A.M. Best Key Rating Guide. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Vendor agrees that when Vendor or its subcontractors are liable for any damages or claims, Vendor’s policy, shall be primary over any other valid and collectible insurance carried by the Member or TIPS.

  • TERM OF AGREEMENT This Agreement becomes effective upon the date of the last signature below ("Effective Date") and shall remain in effect until the completion of all obligations of both Parties hereto, or five years from the Effective Date, whichever comes first.