Common use of Penalties and Fines Clause in Contracts

Penalties and Fines. Nothing in SECTION 901 prevents KDHE, EPA or both from assessing penalties and fines against the Contractor because of the Contractor’s failure to comply with applicable laws, regulations, ordinances, NPDES permit, other permits, the SWPPP, governmental administrative compliance orders or corrective orders for the Project, or a combination thereof. Nothing in this SECTION 901 prevents KDHE, EPA, or both from assessing penalties and fines against the Contractor because of the Contractor’s failure to comply with an administrative claims settlement or consent decree that governs KDOT projects and that is included in the Proposal Form or that is added “Extra Work”, SECTION 104. Understand that penalties/fines may be imposed against KDOT, the Contractor, or both because of “shared” responsibility/liability under applicable environmental law, regulations, ordinances; the NPDES permit, other permits, the SWPPP, administrative corrective action orders, administrative claims settlements, consent decrees, legal judgments or a combination thereof. The Contractor shall have no claim that such shared responsibility/liability voids the Contractor’s liability for disincentive assessments under subsection 901.3g. or for penalties/fines under subsection 901.3h.