Common use of Repeat Violations Clause in Contracts

Repeat Violations. Federal and state environmental programs establish harsher penalties for violations of environmental laws or rules that constitute repeat violations. In a proceeding to resolve alleged violations by the Regulated Party, if any, occurring after the date of the alleged violations set out in Part 6 of this Agreement, the Regulated Party may argue about the extent to which the violations alleged in Part 6 of this Agreement should affect the penalty amount for the later violations, but waives the right: (1) to contend that the violations alleged in Part 6 of this Agreement did not occur as alleged and (2) to require the MPCA to prove the violations alleged in Part 6 of this Agreement.

Appears in 2 contracts

Samples: Stipulation Agreement, Stipulation Agreement

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Repeat Violations. Federal and state environmental programs establish harsher penalties for violations of environmental laws or rules that constitute repeat violations. In a proceeding by the MPCA to resolve alleged violations by the Regulated Party, if any, occurring after the date of the alleged violations set out in Part 6 7 of this Agreement, the Regulated Party may argue about the extent to which the violations alleged in Part 6 7 of this Agreement should affect the penalty amount for the later violations, but waives the right: (1) to contend that the violations alleged in Part 6 7 of this Agreement did not occur as alleged and (2) to require the MPCA to prove the violations alleged in Part 6 7 of this Agreement.

Appears in 1 contract

Samples: Sugar Company Stipulation Agreement (American Crystal Sugar Co /Mn/)

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Repeat Violations. Federal and state environmental programs establish harsher penalties for violations of environmental laws or rules that constitute repeat violations. In a proceeding to resolve alleged violations by the Regulated Party, if any, occurring after the date of the alleged violations set out in Part 6 of this Agreement, the Regulated Party may argue about the extent to which the violations alleged in Part 6 of this Agreement should affect the penalty amount for the later violations, but waives the right: (1) to contend that the violations alleged in Part 6 of this Agreement did not occur as alleged alleged; and (2) to require the MPCA to prove the violations alleged in Part 6 of this Agreement.

Appears in 1 contract

Samples: Stipulation Agreement (American Crystal Sugar Co /Mn/)

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