Common use of CALCULATION OF PENALTIES Clause in Contracts

CALCULATION OF PENALTIES. 1. For purposes of determining the number of days of violation for which a penalty is assessed under this Section or § 2584, if the Director has notified the violator in writing of the violation and the plaintiff makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date such notice and each day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. Notice under this Section shall be accomplished by the issuance of a written notice of violation or written order to comply or by filing a complaint in the Navajo Nation District Court in Window Rock that alleges any violation described in Subsection (A) of this Section. 2. In determining the amount of a penalty assessed under this Section or § 2584, the court or the director, as the case may be, shall consider the history, severity and duration of the violation; any good faith efforts to comply with the applicable requirements; the violator's full compliance history, including the severity and duration of past violations, if any; the economic impact of the penalty on the violator; as an aggravating factor only, the economic benefit, if any resulting from the violation; and any other factors that the court or the Director deems relevant. All penalties collected pursuant to this Section shall be deposited in the PWS Fund or the UIC Fund, as the case may be, special revenue funds established under § 2573 of this Act.