Remedies and Penalties for Non-Compliance Sample Clauses

Remedies and Penalties for Non-Compliance. A. In cases where the Owner has cause to believe that a Participant, acting in good faith, has failed to comply with the provisions of the Plan, the Owner and/or the Oversight Committee, with the assistance and consultation of the appropriate agencies and professional entities, shall attempt to resolve the noncompliance through conciliation and persuasion.
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Remedies and Penalties for Non-Compliance. A. The Contractor agrees that its compliance with the requirements of the Plan is material to the contract. Any failure to comply with these requirements may constitute a substantial breach of the contract. It is further agreed and understood that in the event the City determines that the Contractor hereunder has failed to comply with these requirements the City may, in addition to remedies reserved under Section 17- 1605 of The Philadelphia Code, any other rights and remedies the City may have under the contract, or any bond filed in connection therewith or at law or in equity, exercise one or more of the remedies below, which shall be deemed cumulative and concurrent: Withhold payment(s) or any part thereof until corrective action is taken. Terminate the contract, in whole or in part. Suspend/Debar the Contractor from proposing on and/or participating in any future City contracts for a period of up to three (3) years. Recover as liquidated damages, one percent of the total dollar amount of the contract for each one percent (or fraction thereof) of the commitment shortfall. (NOTE shall include approved change orders, amendments and for requirements contracts shall be based on actual quantities ordered by the City.) -compliance with any provision hereunder, shall not operate s rights in connection with the Contract nor shall it give rise to actions by any third parties including identified M/W/DSBE subcontractors. No privity of contract exists between the City and the M/W/DSBE subcontractor identified in the contract. The City does not intend to give or confer upon any such M/W/DSBE subcontractor(s) any legal rights or remedies in connection with subcontracted services under any law or Executive Order or by any reason of the Contract except such rights or remedies that the M/W/DSBE subcontractor may seek as a private cause of action under any legally binding contract to which it may be a party. PRINT NAME OF CONTRACTOR AND TITLE DATE SIGNATURE OF CONTRACTOR AND TITLE DATE XXXX XXXXXX, DIRECTOR, OFFICE OF ECONOMIC OPPORTUNITY4 DATE [See Forms on following pages; these Forms, must be submitted by Contractor] 4 Pursuant to Section 17- in compliance with Chapter 17-1600. STATEMENT OF DIVERSITY PRACTICES, POLICIES AND PAST ACHIEVEMENTS In compliance with Chapter 17-1600 of the Philadelphia Code, Section 17-1603 entitled developer and/or recipient of financial assistance summarizing past practices by identifying and describing examples of processes used to devel...
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Remedies and Penalties for Non-Compliance. A. The Purchaser acknowledges and agrees that its compliance with the requirements of this Plan is a material inducement for the Ordinance of City Council and Purchaser’s failure to substantially comply with the Plan may result in enforcement actions and the imposition of penalties as authorized by Sections 17-1605 and 17-1606 of The Philadelphia Code. Notwithstanding the foregoing, no privity of contract exists between the Land Bank, the City and any M/W/DSBE identified in any contract resulting from implementation of the Plan. Neither the Land Bank nor the City intends to give or confer upon any such M/W/DSBE any legal rights or remedies in connection with subcontracted services under any law or policy or by any reason of any contract resulting from implementation of the Plan except such rights or remedies that the M/W/DSBE may seek as a private cause of action under any legally binding contract to which it may be a party. PRINT NAME OF PURCHASER DATE SIGNATURE OF PURCHASER DATE XXXX XXXXXXX, DHCD COMPLIANCE DIRECTOR DATE XXXX XXXXXX, DIRECTOR, OFFICE OF ECONOMIC OPPORTUNITY5 DATE 5 Pursuant to Section 17-1603 (2) of The Philadelphia Code, the representative of the City of Philadelphia’s Office of Economic Opportunity, the “certifying agency”, certifies that the contents of this Plan are in compliance with Chapter 17- 1600. EXHIBIT E DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS Land Bank PDA (WFH) ver. 2-1-2019 DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS THIS INDENTURE (the “Declaration”), made as of , 20 , by DEVELOPER NAME, a natural person OR STATE limited liability company OR STATE limited partnership OR STATE general partnership OR STATE corporation ("Owner"), with offices located at DEVELOPERS MAILING ADDRESS.
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Related to Remedies and Penalties for Non-Compliance

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • Remedies for Noncompliance If a Contractor fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, HUD or the City of Xxxxx may impose additional conditions, as described in 2 CFR 200.207 Specific Conditions. If HUD or the City of Xxxxx determines that noncompliance cannot be remedied by imposing additional conditions, HUD or the City of Xxxxx may take one or more of the following actions, as appropriate in the circumstances:

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the Agency has the right to issue unilateral addendums to this contract, but the Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Election of Remedies and Waiver A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • Sanctions for Non-compliance In the event of the CONSULTANT’s non-compliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part.

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