Manager Action in Response to Apparent Breach Sample Clauses

Manager Action in Response to Apparent Breach. The Manager shall monitor the Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the time period directed by the Manager, taking into account the magnitude of the breach and the potential consequences of the breach for the Sector and the other Members, the Manager shall notify the Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice and cure period described above, the Manager concludes it is necessary for the protection of the interests of the Sector and its Members, the Manager may issue a “Stop Fishing Order” to the Member in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to immediately stop fishing , the sector manager may take any action he/she deems necessary including without limitation, self help or court action which may include the seeking of injunctive relief.
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Manager Action in Response to Apparent Breach. The Manager shall monitor the 20 Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes aware 21 of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter, and if 22 the Manager concludes that a Member has breached this Agreement, the Manager shall notify such 23 Member of the apparent breach and (if such breach is reasonably susceptible of cure) provide such 24 Member with an opportunity to cure the breach. If such Member fails to demonstrate to the Manager, 25 in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the breach within the 26 time period directed by the Manager, taking into account the magnitude of the breach and the potential 27 consequences of the breach for the Sector and the other Members, the Manager shall notify the 28 Member in writing that the Manager is referring the alleged breach to the Enforcement Committee, and 29 shall notify the Enforcement Committee in writing of the alleged breach and the proposed liquidated
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Manager Action in Response to Apparent Breach. The Manager shall 20 becomes aware of an apparent breach of this Agreement by a Member, the Manager shall investigate 21 the matter, and if the Manager concludes that a Member has breached this Agreement, the Manager 22 shall notify such Member of the apparent breach and (if such breach is reasonably susceptible of cure) 23 provide such Member with an opportunity to cure the breach. If such Member fails to demonstrate to 24 the Manager, in the Manager’s sole and absolute discretion, that no breach occurred, or to cure the 25 breach within the time period directed by the Manager, taking into account the magnitude of the 26 breach and the potential consequences of the breach for the Sector and the other Members, the 27 Manager shall notify the Member in writing that the Manager is referring the alleged breach to the 28 Enforcement Committee, and shall notify the Enforcement Committee in writing of the alleged breach 29 and the proposed liquidated damages. Pursuant to Section 14, below, if during the investigation, notice 1 and cure period described above, the Manager concludes it is necessary for the protection of the 3 in apparent breach, and if such Member fails to cause the vessels harvesting its Harvest Share to 4 immediately stop fishing , the sector manager may take any action he/she deems necessary including 5 without limitation, self‐help or court action which may include the seeking of injunctive relief.
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Manager Action in Response to Apparent Breach. The Manager shall monitor 23 the Members’ compliance with the terms and conditions of this Agreement. If the Manager becomes 24 aware of an apparent breach of this Agreement by a Member, the Manager shall investigate the matter,
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Related to Manager Action in Response to Apparent Breach

  • INDEPENDENT PERSONAL SERVICES 1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State except in the following circumstances, when such income may also be taxed in the other Contracting State:

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CHSI has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Independence and Objectivity Certification Prior to performing the first Quarterly Claims Review, and annually thereafter, the IRO shall submit to Practitioner a certification that the IRO has (a) evaluated its professional independence and objectivity with respect to the reviews required under this Section III.C and (b) concluded that it is, in fact, independent and objective, in accordance with the requirements specified in Appendix A to this IA. The IRO’s certification shall include a summary of all current and prior engagements between Practitioner and the IRO.

  • Engagement of Independent Review Organization Within 60 days after the Effective Date, Xx. Xxxxxxxx shall engage an individual or entity, such as an accounting, auditing, or consulting firm (hereinafter “Independent Review Organization” or “IRO”), to perform the reviews listed in this Section III.C. The applicable requirements relating to the IRO are outlined in Appendix A to this IA, which is incorporated by reference.‌

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