Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP Sample Clauses

Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that the Discharger is not able to demonstrate to the reasonable satisfaction of Regional Water Board staff that it and/or the Implementing Party has spent the entire SEP Amount for the completed SEP, the Discharger shall pay the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP, as an administrative civil liability.
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that Discharger and/or the Implementing Party is not able to demonstrate to the reasonable satisfaction of the Regional Water Board staff that the entire SEP Amount has been spent to complete the components of the SEP for which the Discharger is financially responsible, Discharger shall pay the difference between the Suspended Administrative Civil Liability and the amount the Discharger can demonstrate was actually spent on the SEP, as an administrative civil liability. The Discharger shall pay the additional administrative liability within 30 days of its receipt of notice of the Regional Water Board’s determination that the Discharger has failed to demonstrate that the entire SEP Amount has been spent to complete the SEP components.
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that the Discharger is not able to demonstrate to the reasonable satisfaction of the Assistant Executive Officer that it has spent the entire SEP amount for the completion of the SEP, and all SEP related monitoring and reporting costs required pursuant to Attachment B and this Stipulation (excluding costs of Regional Water Board oversight), the Discharger shall pay as an administrative civil liability to the State Water Pollution Cleanup and Abatement Account the difference between the Suspended Administrative Civil Liability and the amount Discharger can demonstrate was actually spent on the SEP.
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that Settling Respondent is not able to demonstrate to the reasonable satisfaction of Regional Water Board staff that it and/or the Implementing Party has spent the entire SEP Amount for the completed SEP, Settling Respondent shall pay the difference between the SEP Amount and the amount Settling Respondent can demonstrate was actually spent on the SEP, as an administrative civil liability.
Sample 1
Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that the Discharger is not able to demonstrate through the Final Report that the Suspended Liability amount listed in Paragraph 19.b has been spent for the completed Project, the Discharger shall pay, as an administrative civil liability the difference between the Suspended Liability amount and the amount the Discharger can demonstrate was actually spent on the Project.
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that the City is not able to demonstrate to the reasonable satisfaction of the Regional Water Board staff that the entire SEP Amount has been spent to complete the SEP as required by this Stipulation and Order, the City shall pay the difference between the SEP Amount and the amount City can demonstrate was actually spent on the completion of the SEP, as an administrative civil liability. The City shall pay said difference within 30 days of its receipt of notice of the Regional Water Board staff’s determination that the City failed to demonstrate that the entire SEP Amount has been spent to complete the SEP as required by this Stipulation and Order. Payment shall be submitted to the Designated Regional Water Board Representative.
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that POLA is not able to demonstrate to the reasonable satisfaction of the Regional Water Board Assistant Executive Officer that the entire Suspended Liability has been spent to complete the SEP, POLA shall pay the difference between the Suspended Liability and the amount POLA can demonstrate was actually spent to complete the SEP, as an administrative civil liability. POLA shall pay this amount within 30 days of its receipt of notice by the Regional Water Board Assistant Executive Officer’s determination that POLA has failed to demonstrate that the entire Suspended Liability has been spent to complete the SEP components. In the event that payment is due pursuant to this Paragraph, POLA shall indicate on the original signed check Order No. R4-2016-0339 and send it to the State Water Resources Control Board Accounting Office, Attn: SEP Differential, P.O. Box 1888, Sacramento, CA 95812-1888. The check should be made payable to the State Water Pollution Cleanup and Abatement Account. Copies of the check shall be sent to Xxxxxx Xxxx, Regional Water Quality Control Board, Los Angeles Region, 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000.
Sample 1
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Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that Settling Respondent is not able to demonstrate to the reasonable satisfaction of the Lahontan Water Board staff that it (and/or the Implementing Party) has spent the entire SEP Amount for the completed SEP, Settling Respondent shall pay the difference between the Suspended Administrative Civil Liability and the amount Settling Respondent can demonstrate was actually spent on the SEP, as an administrative civil liability. The Settling Respondent shall pay the administrative liability within 30 days of its receipt of notice of the Lahontan Water Board Assistant Executive Officer’s determination that the Settling Respondent has failed to demonstrate that the entire Suspended Liability has been spent to complete the SEP components.
Sample 1
Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP. In the event that TRG is not able to demonstrate through the submission of the SEP Completion Final Report or Certification of Expenditures that the entire SEP Amount pursuant to Paragraph 17.b. and Attachment A, TRG shall pay the difference between the SEP Amount and the amount that TRG can demonstrate was actually spent on the SEP, as an administrative civil liability to the UST Cleanup Fund in the same manner as described in Paragraph 17.a. above.
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Related to Failure to Expend All Suspended Administrative Civil Liability Funds on the Approved SEP

  • Program Requirements Provided At No Charge to the Judicial Council A. The Contractor shall provide the following items during the Program at no charge to the Judicial Council:

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: - If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit. - If you used your card or access code in an incorrect manner. - If the ATM where you are making the transfer does not have enough cash. - If the ATM was not working properly and you knew about the problem when you started the transaction. - If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. - If the money in your account is subject to legal process or other claim. - If funds in your account are pledged as collateral or frozen because of a delinquent loan. - If the error was caused by a system of any participating ATM network. - If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers. - If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction. - If you have xxxx payment services, we can only confirm the amount, the participating merchant, and date of the xxxx payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors. - Any other exceptions as established by the Credit Union.

  • Default Liabilities The Parties agree and confirm that if any Party hereto (“Breaching Party”) materially breaches any provision hereof, or materially fails to perform or delays in perform any obligation hereunder, it shall constitute a default hereunder (“Default”), and any of other non-breaching Parties (“Non-breaching Parties”) may, in addition to other relevant rights available hereunder, request the Breaching Party to make correction or take remedy within a reasonable time limit. Should the Breaching Party still fail to make correction or take remedy within such reasonable time limit or ten (10) days after the other Party notifies the Breaching Party in writing and requests for correction, the Non-breaching Parties may request the Breaching Party to pay liquidated damages.

  • Organizational Expenses; Liabilities of the Holders (a) The Servicer shall pay organizational expenses of the Issuer as they may arise.

  • Litigation and Contingent Liabilities No litigation (including derivative actions), arbitration proceeding or governmental investigation or proceeding is pending or, to the Company’s knowledge, threatened against any Loan Party which might reasonably be expected to have a Material Adverse Effect, except as set forth in Schedule 9.6. Other than any liability incident to such litigation or proceedings, no Loan Party has any material contingent liabilities not listed on Schedule 9.6 or permitted by Section 11.1.

  • Litigation and Contingent Obligations There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

  • Request for Incurrence of Letter of Credit Obligations Borrower shall give Agent at least 2 Business Days' prior written notice requesting the incurrence of any Letter of Credit Obligation. The notice shall be accompanied by the form of the Letter of Credit (which shall be acceptable to the L/C Issuer) and a completed Application for Standby Letter of Credit or Application and Documentary Letter of Credit or Application for Documentary Letter of Credit (as applicable). Notwithstanding anything contained herein to the contrary, Letter of Credit applications by Borrower and approvals by Agent and the L/C Issuer may be made and transmitted pursuant to electronic codes and security measures mutually agreed upon and established by and among Borrower, Agent and the L/C Issuer.

  • Exculpation, Indemnification, Advances and Insurance (a) Subject to other applicable provisions of this Article V, to the fullest extent permitted by applicable law, the Indemnified Persons shall not be liable to the Company, any Subsidiary of the Company, any officer of the Company or a Subsidiary, or any Member or any holder of any equity interest in any Subsidiary of the Company, for any acts or omissions by any of the Indemnified Persons arising from the exercise of their rights or performance of their duties and obligations in connection with the Company, this Agreement or any investment made or held by the Company, including with respect to any acts or omissions made while serving at the request of the Company as an officer, director, member, partner, tax matters partner, fiduciary or trustee of another Person or any employee benefit plan. The Indemnified Persons shall be indemnified by the Company to the fullest extent permitted by law, against all expenses and liabilities (including judgments, fines, penalties, interest, amounts paid in settlement with the approval of the Company and counsel fees and disbursements on a solicitor and client basis) (collectively, “Expenses and Liabilities”) arising from the performance of any of their duties or obligations in connection with their service to the Company or this Agreement, or any investment made or held by the Company, including in connection with any civil, criminal, administrative, investigative or other action, suit or proceeding to which any such Person may hereafter be made party by reason of being or having been a manager of the Company under Delaware law, a director or officer of the Company or any Subsidiary of the Company or the Manager, or an officer, director, member, partner, tax matters partner, fiduciary or trustee of another Person or any employee benefit plan at the request of the Company. Without limitation, the foregoing indemnity shall extend to any liability of any Indemnified Person, pursuant to a loan guaranty or otherwise, for any indebtedness of the Company or any Subsidiary of the Company (including any indebtedness which the Company or any Subsidiary of the Company has assumed or taken subject to), and the Manager (and its officers) are hereby authorized and empowered, on behalf of the Company, to enter into one or more indemnity agreements consistent with the provisions of this ‎Section 5.4 in favor of any Indemnified Person having or potentially having liability for any such indebtedness. It is the intention of this ‎Section 5.4(a) that the Company indemnify each Indemnified Person to the fullest extent permitted by law.

  • Reasonable and Continuing Obligations Executive agrees that Executive’s obligations under this Section 6 are obligations which will continue beyond the date Executive’s employment terminates and that such obligations are reasonable, fair and equitable in scope. The terms and duration are necessary to protect the Company’s legitimate business interests and are a material inducement to the Company to enter into this Agreement. Executive further acknowledges that the consideration for this Section 6 is his employment or continued employment. Executive will not be paid any additional compensation during this Restricted Period for application or enforcement of the restrictive covenants contained in this Section 6.

  • Disbursements Payments and Costs 5.1 Request for Credit. Each request for an advance under the Line of Credit will be made by a disbursement request in a form acceptable to Bank executed by an Authorized Officer, or by any other means acceptable to Bank.

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