Stop Fishing Order; Injunctive Relief Sample Clauses

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and 24 severally liable if (a) a Sector exceeds its ACE, (b) a Sector member discards legal-sized fish, or (c) a 25 Sector member misreports landings or discards. If a Sector exceeds its ACE in a given fishing year, the 26 Sector’s allocation may be reduced by the overage in the following fishing year, and the Sector, each 27 vessel, and vessel operator and/or vessel owner participating in the Sector may be jointly and severally 28 liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in connection with such 29 overage. In addition, if a Sector exceeds its ACE in more than one (1) fishing year, NMFS may 30 permanently reduce the Sector’s ACE or withdraw the Sector’s authorization to operate.
AutoNDA by SimpleDocs
Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable 7 if (a) a sector exceeds its ACE, (b) a sector member discards legal-sized fish, or (c) a sector 8 member misreports landings or discards. If a sector exceeds its ACE in a given fishing year, the 9 sector’s allocation may be reduced by the overage in the following fishing year, and the sector, 10 each vessel, and vessel operator and/or vessel owner participating in the sector may be jointly and 11 severally liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 connection with such overage. In addition, if a Sector exceeds its ACE in more than one fishing 13 year, NOAA may permanently reduce the Sector’s ACE or withdraw the sector’s authorization to 14 operate. 16 The sector will exceed its ACE only if one or more members overharvest their harvest share. A 17 member’s overharvest of its harvest share would be a breach of this agreement for which a 18 member would be liable for damages. Because each incident of sector ACE overharvest would 19 constitute a separate violation of the Amendment 16 regulations, and because each such incident 20 would be treated as a prior violation by NOAA for purposes of determining appropriate fines,
Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable if (a) a Sector exceeds its ACE, (b) a Sector member discards legal‐sized fish, or
Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable if (a) a Sector exceeds its ACE, (b) a Sector member discards legal‐sized fish, or (c) a Sector member misreports landings or discards. If a Sector exceeds its ACE in a given fishing year, the Sector’s allocation may be reduced by the overage in the following fishing year, and the Sector, each vessel, and vessel operator and/or vessel owner participating in the Sector may be jointly and severally liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in connection with such overage. In addition, if a Sector exceeds its ACE in more than one (1) fishing year, NMFS may permanently reduce the Sector’s ACE or withdraw the Sector’s authorization to operate. The Sector will exceed its ACE only if one or more members overharvest their Harvest Share, as (subject to the provisions of Section 7.1, above) the Sector’s ACE, less the Reserve, is fully distributed to the Members as their Harvest Shares. A Member’s overharvest of its Harvest Share would be a breach of this Agreement for which a Member would be liable for damages. Because each incident of ACE overharvest would constitute a separate violation of the Amendment 16 regulations, and because each such incident would be treated as a prior violation by NMFS for purposes of determining appropriate fines, penalties and forfeitures in connection with a subsequent violation, the damages suffered by the Sector as a result of an overharvest by one or more Members that resulted in the Sector overharvesting its ACE would be consequential and irreparable. In consideration of these circumstances, and in consideration for the Sector waiving its right to require each Member to obtain a security bond or pledge collateral to secure its obligation to the Sector to limit its harvest of Sector ACE to such Member’s Harvest Share, which consideration each Member agrees it has received and is sufficient, the Members hereby agree as follows.

Related to Stop Fishing Order; Injunctive Relief

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Right to Injunctive Relief Each Party agrees that breaches of this Section 9 may cause irreparable harm to the other Party and shall entitle such other Party, in addition to any other remedies available to it (subject to the terms of this Agreement), the right to seek injunctive relief enjoining such action.

  • Prospective Relief 7.1 McKinsey agrees that the following procedures shall apply to the management of the Plans on a prospective basis as of the Settlement Effective Date:

  • Relief The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the Continuing Obligations, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.

  • Court Order By Seller or Buyer if consummation of the transactions contemplated hereby shall violate any nonappealable final order, decree or judgment of any court or governmental body having competent jurisdiction;

  • Court Orders ICANN will respect any order from a court of competent jurisdiction, including any orders from any jurisdiction where the consent or non-­‐objection of the government was a requirement for the delegation of the TLD. Notwithstanding any other provision of this Agreement, ICANN’s implementation of any such order will not be a breach of this Agreement

  • Injunction The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the promises set forth in this Section 7, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, subject to Section 8 of this Agreement, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of this Agreement, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.

Time is Money Join Law Insider Premium to draft better contracts faster.