Late Reports. If the General Partner does not fulfill its obligations under Section 14.2 within the time periods set forth therein, the General Partner, using its own funds, shall pay as damages the sum of $100 per day (plus interest at the rate established by Section 6.4 of this Agreement) to the Limited Partner until such obligations shall have been fulfilled. If the General Partner does not fulfill its obligations under Section 14.3 within the time periods set forth therein, the General Partner, using its own funds, shall pay as damages the sum of $100 per week (plus interest at the rate established by Section 6.4 of this Agreement) to the Limited Partner until such obligations shall have been fulfilled. If the General Partner shall so fail to pay, the General Partner and its Affiliates shall forthwith cease to be entitled to any fees hereunder (other than the Development Fee) and/or to the payment of any Net Operating Income or Sale or Refinancing Proceeds to which the General Partner may otherwise be entitled hereunder. Payments of fees and Distributions shall be restored only upon payment of such damages in full.
Late Reports. If the General Partner does not fulfill its obligations under Section 14.3 within the time periods set forth therein, the General Partner, using its own funds, shall pay as damages the sum of $100.00 per week (plus interest at the rate established by Section 6.3 of this Agreement) to the Limited Partner until such obligations shall have been fulfilled. If the General Partner shall fail to so pay, the General Partner and its Affiliates shall forthwith cease to be entitled to any fees hereunder (other than the Development Fee) and/or to the payment of any Net Operating Income or Sale or Refinancing Proceeds to which the General Partner may otherwise be entitled hereunder. Payments of fees and Distributions shall be restored only upon payment of such damages in full.
Late Reports. 52 14.5 Annual Site Visits.............................. 52 14.6
Late Reports. 52 Section 14.5 Annual Site Visits......................................53 Section 14.6
Late Reports. 65 Section 14.5 Annual Site Visits.................................65 Section 14.6 Tax Returns........................................65 Section 14.7 Fiscal Year........................................65 Section 14.8 Banking............................................66 Section 14.9 Certificates and Elections.........................66
Late Reports. The Fund shall submit its Order Flow Report to ReFlow no later than the Morning Deadline each Business Day but subject to change (or later as provided in Section II.1). If the Fund does not submit its Order Flow Report by such time, the Auction shall commence and the Fund’s Auction Bid shall not be included in calculating the Auction results. If the Fund’s Order Flow Report is submitted after the Auction, ReFlow shall take the following actions:
Late Reports. If the General Partner does not fulfill its obligations under Section 14.2 within the time periods set forth therein after receiving written notice of default by certified mail from the Special Limited Partner and after failing to cure such default within 7 days of receipt of such notice, the General Partner, using its own funds, shall pay as damages the sum of $100 per day (plus interest at the rate established by Section 6.3 of this Agreement) to the Limited Partner until such obligations shall have been fulfilled. If the General Partner does not fulfill its obligations under Section 14.3 within the time periods set forth therein, the General Partner, using its own funds, shall pay as damages the sum of $100.00 per week (plus interest at the rate established by Section 6.3 of this Agreement) to the Limited Partner until such obligations shall have been fulfilled. If the General Partner shall so fail to pay, the General Partner and its Affiliates shall forthwith cease to be entitled to any fees hereunder (other than the Development Fee) and/or to the payment of any Net Operating Income or Sale or Refinancing Proceeds to which the General Partner may otherwise be entitled hereunder. Payments of fees and Distributions shall be restored only upon payment of such damages in full.
Late Reports. If either Party fails to provide reports to the other Party within the timelines described above, they must provide to the other Party a legitimate reason for lateness and immediately provide evidence of corrective action taken.
Late Reports. The Fund shall submit its Order Flow Report to ReFlow no later than the Morning Deadline each Business Day but subject to change (or later as provided in Section II.1). If the Fund does not submit its Order Flow Report by such time, the Auction shall commence and the Fund's Auction Bid shall not be included in calculating the Auction results. If the Fund's Order Flow Report is submitted after the Auction, ReFlow shall take the following actions: If the Fund reports net redemptions, and the Fund's Fee Bid was equal to or greater than the Winning Fee Bid, ReFlow shall issue a purchase order to the Fund for Shares in the amount of net redemptions reported, which the Fund agrees to accept, at the Winning Fee Rate determined in the Auction, up to the amount of the cash available as determined by ReFlow, subject to an overall limit of share purchases by ReFlow that do not exceed the Final Auction Amount. If ReFlow owned shares of the Fund, and the Fund reports net sales, ReFlow shall issue a redemption order to the Fund equal to the lesser of (i) the amount of the sales, or (ii) the amount of Shares held by ReFlow.
Late Reports. MSD will issue a NOV for a late report, but a report that is submitted more than 30 days late, but less than 90 days late, if all data shows compliance, will not automatically be considered SNC unless it is the second of two consecutive late reports. Any report showing noncompliance and received more than 30 days late, would be automatically considered SNC. Sampling For Pollutants Not Present. Current regulations require Categorical IUs to monitor for all regulated pollutants, even if shown to not be present. The same arguments/ideas presented previously by others are presented here. The proposed program modification would:
