Allegations Clause Samples

The Allegations clause defines how claims or accusations of wrongdoing are addressed within the context of the agreement. Typically, this clause outlines the procedures for notifying parties of any allegations, the process for investigating such claims, and the responsibilities of each party during the resolution process. Its core practical function is to ensure that any disputes or concerns about misconduct are handled in a structured and fair manner, thereby protecting the interests of all parties involved and maintaining the integrity of the contractual relationship.
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Allegations. This Settlement Agreement settles Notice of Violation (NOV) CP21- 09-02, which was issued on October 25, 2021. CARB alleged PBB violated the Consumer Products Regulation by selling, supplying, offering for sale, or manufacturing for use in California, Green Gobbler 30% Vinegar Home & Garden, that is subject to and exceeded a VOC limit of 0.5 percent by weight for the General Purpose Cleaner (nonaerosol) category and for failing to display the date of manufacture as outlined in NOV CP21-09-02. CARB alleges that if the allegations described in Paragraph 6 were proven, civil penalties could be imposed against PBB for each and every day the noncompliant product was sold, supplied, offered for sale or manufactured for use in California.
Allegations. 1. The Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the ▇▇▇▇▇-▇▇▇▇▇▇ Act ("▇▇▇▇▇-▇▇▇▇▇▇"), created the regulatory mechanism under which the United States Food and Drug Administration can approve generic pharmaceuticals. In 2015, sales of generic pharmaceuticals in the United States were estimated at $74.5 billion dollars. Today, the generic pharmaceutical industry accounts for approximately 88% of all prescriptions written in the United States. 2. Heritage, a privately held company formed in 2006, markets a variety of products in a number of therapeutic categories, including but not limited to: cardiovascular, metabolic disease, anti-infective and pain management. 3. ▇▇▇▇▇▇ participated in a conspiracy to suppress and eliminate competition by allocating customers, rigging bids, and fixing and maintaining prices for doxycycline hyclate delayed release sold in the United States, from in or about April 2013 and continuing until at least December 2015, in violation of the ▇▇▇▇▇▇▇ Antitrust Act, 15 U.S.C. § 1. ▇▇▇▇▇▇ participated in a conspiracy to suppress and eliminate competition by allocating customers and fixing and maintaining prices for glyburide sold in the United States, from in or about April 2014 and continuing until at least December 2015, in violation of the ▇▇▇▇▇▇▇ Antitrust Act, 15 U.S.C. § 1. (“Relevant Conduct”).
Allegations. A teacher shall be disciplined, suspended, discharged, or terminated only for just cause. (See Appendix G). Nothing in this section shall be construed to prevent the District from taking appropriate disciplinary action in situations or conduct deemed outside the scope of normal teaching.
Allegations. 1.2.1 APS&EE alleges that Force Factor distributed, sold or made available for sale in the State of California Force Factor Modern Mushrooms Superfood Powder, 8-10126-66152-4 (hereinafter, the “Product(s)”) causing users in California to be exposed to hazardous levels of lead without providing “clear and reasonable warnings”, in violation of Proposition 65. Lead is potentially subject to Proposition 65 warning requirements because it is listed by the State of California as known to cause cancer and birth defects or other reproductive harm. 1.2.2 On July 18, 2024, APS&EE served a Sixty-Day Notice of Violation (“60-Day Notice”), along with a Certificate of Merit, to Force Factor, Walmart, Inc., and the various public enforcement agencies regarding the alleged violation of Proposition 65 with respect to the Products
Allegations. This Settlement Agreement settles Notice of Violation (NOV 2020- PACCHE-686, which was issued on July 26, 2022. CARB alleges Pacific Cheese Co., Inc. violated the RMP Regulation by owning or operating a stationary refrigeration system after January 1, 2011, as defined by the RMP Regulation with a full charge of greater than 200 pounds but less than 2000 pounds; failing to submit an annual report (Cal. Code Regs., tit.17, § 95388), failing to pay the annual implementation fee (Cal. Code Regs., tit.17, § 95384 (b)), and failing to conduct leak detection and monitoring (Cal. Code Regs., tit.17, § 95385 (b)), resulting in 4 units of violation, as outlined in Notice of Violation 2020-PACCHE-686. (Cal. Code Regs., tit.17, § 95380 et seq.) CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against Pacific Cheese Co., Inc. for each and every unit involved in the violations and each day.
Allegations. This Settlement Agreement resolves Notice of Violation (NOV) OGV10242022_COS, which was issued on December 15, 2022. CARB alleges Cleanocean Shipmanagement, Inc. violated the Low-Sulfur Fuel Regulation by failing to comply with the operational requirements on one voyage into Regulated California Waters by one vessel entering the Port of Long Beach, resulting in four days of violations, as outlined in Notice of Violation OGV10242022_COS. CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against Cleanocean Shipmanagement, Inc. for each and every vessel involved in the violations and each day.
Allegations. CARB alleges ▇▇▇▇▇ ▇▇▇▇▇ violated the Ocean-Going Vessel Fuel Regulation by failing to comply with the operational requirements on one voyage into Regulated California Waters by one vessel (Ever Fast) entering the Port of Los Angeles, resulting in three days of violation, as outlined in Notice of Violation OGV10242024_SKK. CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against ▇▇▇▇▇ ▇▇▇▇▇ for each, and every vessel involved in the violation and each day.
Allegations. This Settlement Agreement settles Notice of Violation (NOV) #AC-21- 03-04, which was issued on July 12, 2021. CARB alleged Walmart violated the Indoor ACD Regulation by selling, supplying, offering for sale, and entering into commerce into California indoor air cleaning devices which were not certified by CARB to produce an ozone emission concentration not exceeding 0.050 parts per million (ppm) and failing to display the required advisory on webpages advertising uncertified devices: “Does not meet California air cleaner regulation requirements; cannot be shipped to California,” as outlined in Notice of Violation #AC21-03-04. CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against Walmart for each and every indoor air cleaning device involved in the violations and each day.
Allegations. This Settlement Agreement settles Notice of Violation (NOV) SF6- 2022-0001 which was issued on January 20, 2022. CARB alleges IID violated the SF6 GIS Regulation by being an owner of gas insulated switchgear that failed to maintain records in accordance with the recordkeeping requirements (Cal. Code Regs., tit.17, § 95355) and failed to submit true, accurate and complete annual reports in accordance with the reporting requirements by the annual deadline of June 1st (Cal. Code Regs., tit.17, § 95356), as outlined in Notice of Violation SF6- 2022-001 (Cal. Code Regs., tit.17, § 95350 et seq.). CARB alleges that if paragraphs 1 through 6 were proven, civil penalties could be imposed against IID for each violation and exceedance involved in the violations and each day.
Allegations. The Discharger is a water purveyor and operates a drinking water system in San Mateo County, California. The Discharger operates and maintains a potable water main located along ▇▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇▇▇▇ Creek, in the City of San Mateo. ▇▇▇▇▇▇▇▇ Creek is a tributary of San Mateo Creek, and both are waters of the State and of the United States.