Violation of Plea Agreement by Defendant/Withdrawal of Pleas Sample Clauses

Violation of Plea Agreement by Defendant/Withdrawal of Pleas. 27 If the defendant, cooperating or not, violates this plea agreement in any way, withdraws his plea, 28 or tries to withdraw his plea, this plea agreement is voidable at the option of the government. The 1 government will no longer be bound by its representations to the defendant concerning the limits on 2 criminal prosecution and sentencing as set forth herein. One way a cooperating defendant violates the 3 plea agreement is to commit any crime or provide any statement or testimony which proves to be 4 knowingly false, misleading, or materially incomplete. Any post-plea conduct by a defendant 5 constituting obstruction of justice will also be a violation of the agreement. The determination whether 6 the defendant has violated the plea agreement will be under a probable cause standard.
Sample 1
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Violation of Plea Agreement by Defendant/Withdrawal of Pleas. ‌ 18 If the defendant violates this plea agreement in any way, withdraws his plea, or tries to withdraw 19 his plea, this plea agreement is voidable at the option of the government. If the government elects to 20 void the agreement based on the defendant’s violation, the government will no longer be bound by its 21 representations to the defendant concerning the limits on criminal prosecution and sentencing as set 22 forth herein. A defendant violates the plea agreement by committing any crime or providing or 23 procuring any statement or testimony which is knowingly false, misleading, or materially incomplete in 24 any litigation or sentencing process in this case, or engages in any post-plea conduct constituting 25 obstruction of justice. Varying from stipulated Guidelines application or agreements regarding 26 arguments as to 18 United States Code section 3553, as set forth in this agreement, personally or through 27 counsel, also constitutes a violation of the plea agreement. The government also shall have the right (1) 28 to prosecute the defendant on any of the counts to which he pleaded guilty; (2) to reinstate any counts 1 that may be dismissed pursuant to this plea agreement; and (3) to file any new charges that would 2 otherwise be barred by this plea agreement. The defendant shall thereafter be subject to prosecution for 3 any federal criminal violation of which the government has knowledge. The decision to pursue any or 4 all of these options is solely in the discretion of the United States Attorney’s Office. 5 By signing this plea agreement, the defendant agrees to waive any objections, motions, and 6 defenses that the defendant might have to the government’s decision. Any prosecutions that are not 7 time-barred by the applicable statute of limitations as of the date of this plea agreement may be 8 commenced in accordance with this paragraph, notwithstanding the expiration of the statute of 9 limitations between the signing of this plea agreement and the commencement of any such prosecutions.
Sample 1

Related to Violation of Plea Agreement by Defendant/Withdrawal of Pleas

  • Violation of Agreement If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

  • Effect of Withdrawal The Company shall not be dissolved by the dissolution or other event of withdrawal of a Member if any Member remains to carry on the business of the Company.

  • COMPLETION OF AGREEMENT The District and the Union agree that this contract is complete. There shall be no additions to or deletions from the content of any Articles and there shall be no Articles added except by mutual agreement by the Board and the Union. In addition, there shall be no further negotiations on any matter that is within or comes within the scope of representation for the duration of the contract except by mutual agreement.

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Transition of Registry upon Termination of Agreement Upon expiration of the Term pursuant to Section 4.1 or Section 4.2 or any termination of this Agreement pursuant to Section 4.3 or Section 4.4, Registry Operator shall provide ICANN or any successor registry operator that may be designated by ICANN for the TLD in accordance with this Section 4.5 with all data (including the data escrowed in accordance with Section 2.3) regarding operations of the registry for the TLD necessary to maintain operations and registry functions that may be reasonably requested by ICANN or such successor registry operator. After consultation with Registry Operator, ICANN shall determine whether or not to transition operation of the TLD to a successor registry operator in its sole discretion and in conformance with the Registry Transition Process; provided, however, that (i) ICANN will take into consideration any intellectual property rights of Registry Operator (as communicated to ICANN by Registry Operator) in determining whether to transition operation of the TLD to a successor registry operator and (ii) if Registry Operator demonstrates to ICANN’s reasonable satisfaction that (A) all domain name registrations in the TLD are registered to, and maintained by, Registry Operator or its Affiliates for their exclusive use, (B) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator, and (C) transitioning operation of the TLD is not necessary to protect the public interest, then ICANN may not transition operation of the TLD to a successor registry operator upon the expiration or termination of this Agreement without the consent of Registry Operator (which shall not be unreasonably withheld, conditioned or delayed). For the avoidance of doubt, the foregoing sentence shall not prohibit ICANN from delegating the TLD pursuant to a future application process for the delegation of top-­‐level domains, subject to any processes and objection procedures instituted by ICANN in connection with such application process intended to protect the rights of third parties. Registry Operator agrees that ICANN may make any changes it deems necessary to the IANA database for DNS and WHOIS records with respect to the TLD in the event of a transition of the TLD pursuant to this Section 4.5. In addition, ICANN or its designee shall retain and may enforce its rights under the Continued Operations Instrument for the maintenance and operation of the TLD, regardless of the reason for termination or expiration of this Agreement.

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