Late Penalty Actions Clause Samples
The 'Late Penalty Actions' clause establishes the consequences or actions that will be taken if a party fails to meet specified deadlines or delivery dates under the agreement. Typically, this clause outlines the types of penalties, such as financial charges, interest, or other remedial measures, that may be imposed for late performance. For example, a supplier delivering goods after the agreed date might incur a daily fee until delivery is completed. The core function of this clause is to incentivize timely performance and provide a clear mechanism for addressing delays, thereby protecting the interests of the party expecting timely fulfillment.
Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties per this Agreement, EPA may take additional actions. Such actions EPA may take include, but are not limited to, the following.
(a) Refer the debt to a credit reporting agency or a collection agency, per to 40 C.F.R. §§ 13.13 and 13.14.
(b) Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H.
(c) Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify Respondent from doing business with EPA or engaging in programs EPA sponsors or funds, per 40 C.F.R. § 13.17.
(d) Request that the Attorney General bring a civil action in the appropriate district court to recover the full remaining balance of the Assessed Penalty, in addition to interest and the amounts described above, per 42 U.S.C. § 7524(c)(6). In any such action, the validity, amount, and appropriateness of the Assessed Penalty shall not be subject to review.
Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties per this Consent Agreement, EPA may take additional actions. Such actions EPA may take include, but are not limited to, the following.
a. Refer the debt to a credit reporting agency or a collection agency pursuant to 40 C.F.R. §§ 13.13 and 13.14.
b. Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds, 40 C.F.R. Part 13, Subparts C and H.
c. Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify Respondent from doing business with EPA or engaging in programs EPA sponsors or funds, 40 C.F.R. § 13.17.
d. Request that the Attorney General bring a civil action in the appropriate district court to recover the amount outstanding pursuant to 7 U.S.C.§ 136l(a)(5).
Late Penalty Actions. In addition to the amounts described in the prior 31 Paragraph 30.a., if Respondent fails to timely pay any portion of the Assessed Penalty per this 1 Agreement, EPA may take additional actions. Such actions EPA may take include, but are not 2 limited to, the following: (1). Refer the debt to a credit reporting agency or a collection agency, 3 per 40 C.F.R. §§ 13.13 and 13.14. (2) Collect the debt by administrative offset (i.e., the 4 withholding of money payable by the United States government to, or held by the United States 5 government for, a person to satisfy the debt the person owes the United States government), 6 which includes, but is not limited to, referral to the Internal Revenue Service for offset against 7 income tax refunds, per 40 C.F.R. Part 13, Subparts C and H. (3) Suspend or revoke 8 Respondent’s licenses or other privileges, or suspend or disqualify Respondent from doing 9 business with EPA or engaging in programs EPA sponsors or funds, per 40 C.F.R. § 13.17. (4) 10 Request that the Attorney General bring a civil action in the appropriate district court to 12 addition to interest and the amounts described above, pursuant to 42 U.S.C. § 7413(d)(5). In 13 any such action, the validity, amount, and appropriateness of the Assessed Penalty and Final 14 Order shall not be subject to review.
Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties per this Agreement, EPA may take additional actions. Such actions EPA may take include, but are not limited to, the following.
a. Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. §§ 13.13 and 13.14.
b. Collect the debt by administrative offset (i.e., the withholding of money payable by the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the IRS for offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H.
c. Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify Respondent from doing business with EPA or engaging in programs EPA sponsors or funds, per 40 C.F.R. § 13.17.
d. Refer this matter to the United States Department of Justice for litigation and collection, per 40 C.F.R. § 13.33. 66. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a partial payment of debt will be applied first to outstanding handling charges, second to late penalty charges, third to accrued interest, and last to the principal that is the outstanding Assessed Penalty amount.