FINDING OF VIOLATION Sample Clauses

FINDING OF VIOLATION. 1. If it is determined by the Planning and Zoning Commission, or its successor, that a violation of this Conservation Easement Agreement exists within its territorial boundaries, the Grantor shall have the right, but not the obligation, to issue an order to cease and desist from and prevent any activity which, in the opinion of the Planning and Zoning Commission, or its successor, is in violation of this Conservation Easement Agreement. 2. Within 60 days of such order and after appropriate notice, the Planning and Zoning Commission shall hold a hearing for the purpose of determining if the cease and desist order shall continue. 3. If the Grantor is found to have violated the terms of this Conservation Easement Agreement, the Grantor agrees, among other things, to restore The Conservation Easement Area(s) as closely as possible to its (their) natural state. Such restoration shall include but need not be limited to: 3.a replanting with trees, shrubs or other appropriate vegetation acceptable to the Planning and Zoning Commission; 3.b removal of any debris, trash, garbage, ashes, waste, rubbish, silt, or unsightly or offensive material; 3.c removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above-ground; 3.d emplacement and maintenance of soil erosion and sediment controls; and 3.e replacement by a land surveyor of any Conservation Easement Area markers which have been removed or disturbed. Restoration shall be at the expense of the Grantor and in accordance with plans developed by a qualified professional such as a landscape architect, land surveyor, or a professional engineer, and approved by the Planning and Zoning Commission, or its successor. 4. If either the Grantor or any other person on the Grantor’s property is found to have violated this Conservation Easement Agreement, the Planning and Zoning Commission, or its successor, can exercise its discretion, in accordance with applicable ordinances of the Town or the City, as the case may be, and following notification to the Grantor and the Grantor’s opportunity to be heard concerning a Finding of Violation, and to levy a daily fine until full restoration has been achieved and certified by the Planning and Zoning Commission or a duly appointed agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and his heirs, successors and assigns, except as hereinbefore set forth, and inure to the benefit of Grantee, ...
FINDING OF VIOLATION. This Agreement confirms a finding by OCR that MDOE, MPA, and ▇▇▇▇▇▇ are in noncompliance with Title IX. This Agreement can be construed and deemed an admission of liability by MDOE, MPA and ▇▇▇▇▇▇ regarding reports that MDOE, MPA, and ▇▇▇▇▇▇ engaged in wrongful or illegal activity in violation of Title IX in allowing the participation of male athletes in female-only high school sports in the state of Maine.
FINDING OF VIOLATION. It is further expressly agreed that if the Conservation Commission or its enforcement officer has reason to believe that any violation of this agreement is taking place, they shall supply the then owner of the subject premises with prompt written notice of the nature of the violation and the action necessary to ▇▇▇▇▇ or cure the violation. If the alleged violation is not cured within ten (10) days from date of the initial notice, or, in the Commission’s opinion, a good faith effort to cure the alleged violation is not made within ten (10) days from the date of the initial notice, the Conservation Commission may hold a hearing on five (5) days written notice to the then property owner. If the Commission, after hearing, finds that a violation has occurred or is continuing, it shall have the right to take any and all legal action necessary to vindicate the Commission’s right under this Conservation Easement, specifically including actions for injunctive relief. In any such action for injunctive relief, and for permanent or mandatory injunctions, the Conservation Commission, should it prevail in such an action, is entitled to reasonable court costs and attorneys fees.

Related to FINDING OF VIOLATION

  • Notice of Violation The Concessioner shall give the Director in writing immediate notice of any written threatened or actual notice of violation from other regulatory agencies of any Applicable Law arising out of the activities of the Concessioner, its agents or employees.

  • Non-Violation The execution and delivery of this Amendment and the performance and observance by it of the terms and provisions hereof (a) do not violate or contravene its Organization Documents or any applicable Laws or (b) conflict with or result in a breach or contravention of any provision of, or constitute a default under, any other agreement, instrument or document binding upon or enforceable against it.

  • Penalty for Violation The Contractor and any Subcontractor will pay to the State a penalty of sixty dollars ($60) for each worker employed for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the Prevailing Wage Schedule.

  • Authority; No Violation (a) The Company has full corporate power and authority to execute and deliver this Agreement and to consummate the Transaction and the other transactions contemplated hereby. The execution and delivery of this Agreement and the consummation of the Transaction and the other transactions contemplated hereby have been duly, validly and unanimously approved by the Company Board. The Company Board has determined that this Agreement and the Transaction and the other transactions contemplated hereby are advisable and in the best interests of the Company and its stockholders and has directed that this Agreement be submitted to the Company’s stockholders for approval and adoption, and recommended that such stockholders adopt this Agreement, at a duly held meeting of such stockholders and has adopted a resolution to the foregoing effect. Promptly following the organization of Company Virginia Sub, the Company, as the sole shareholder of Company Virginia Sub, will approve the Share Exchange and waive any right to dissent from the Share Exchange for all purposes of Section 13.1-729 et seq. of the VSCA such that the provisions of such sections will not apply to this Agreement, the Transaction or any of the other transactions contemplated hereby and Section 13.1-728.1 et seq. will not apply thereto by virtue of Company Virginia Sub being a party to this Agreement. Except for the affirmative vote of the holders of not less than a majority of the outstanding Company Common Stock, voting together as a single class (the “Company Stockholder Approval”), no other corporate proceedings on the part of the Company are necessary to approve this Agreement or to consummate the Transaction or the other transactions contemplated hereby or thereby. This Agreement has been duly and validly executed and delivered by the Company and (assuming due authorization, execution and delivery by Parent and Parent Texas Sub) constitutes a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and subject to general principles of equity). (b) Neither the execution and delivery of this Agreement by the Company nor the consummation by the Company of the Transaction or the other transactions contemplated hereby, nor compliance by the Company with any of the terms or provisions of this Agreement, will (i) violate any provision of the Company Certificate or the Company Bylaws or (ii) assuming that the consents, approvals and filings referred to in Section 5.4 are duly obtained and/or made, (A) violate any statute, code, ordinance, rule, regulation, judgment, order, writ, decree or Injunction applicable to the Company, any of its Subsidiaries or any of their respective properties or assets or (B) violate, conflict with, result in a breach of any provision of or the loss of any benefit under, constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, result in the termination of or a right of termination or cancellation under, accelerate the performance required by, or result in the creation of any Lien upon any of the respective properties or assets of the Company or any of its Subsidiaries under, any of the terms, conditions or provisions of any note, bond, mortgage, indenture, deed of trust, license, lease, agreement or other instrument or obligation to which the Company or any of its Subsidiaries is a party or by which any of them or any of their respective properties or assets is bound.

  • Notice of Violations Manager shall forward to Owner promptly upon receipt all notices of violation or other notices from any governmental authority, and board of fire underwriters or any insurance company, and shall make such recommendations regarding compliance with such notice as shall be appropriate.