Participating Employer Failure to Comply Clause Samples

The "Participating Employer Failure to Comply" clause defines the consequences and procedures that apply when an employer participating in a multi-employer plan or agreement fails to meet its obligations under the plan. Typically, this clause outlines the steps that will be taken if an employer does not make required contributions, provide necessary information, or otherwise breaches the terms of participation. For example, it may specify that the employer could lose certain rights, be subject to penalties, or have its participation suspended or terminated. The core function of this clause is to ensure compliance among all participating employers, thereby protecting the integrity and financial stability of the plan or agreement.
Participating Employer Failure to Comply. In the event that a Participating Employer has failed to carry out its obligations under a Participation Agreement, a Plan or this Agreement, other than obligations to pay Contributions, the Participating Employer shall forthwith, upon written demand from the Trustees:‌ (a) complete and remit any information, forms or other related and supporting documents which may be required of the Participating Employer pursuant to the applicable Participation Agreement or Plan, or this Agreement; and (b) pay to the Trustees the reasonable costs, expenses, or losses, incurred by it in connection with or arising out of any inspection, audit or examination or other proceedings or steps taken in respect to any such failure.
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Participating Employer Failure to Comply. In the event that a Participating Employer has failed to carry out its obligations under the Memorandum of Settlement for PVPs, a Participation Agreement, a Plan or this Agreement (including, for greater certainty, the Schedules to this Agreement), other than obligations to pay Contributions, the Participating Employer shall forthwith, upon written demand from the Trustees: (a) complete and remit any information, forms or other related and supporting documents which may be required of the Participating Employer pursuant to the Memorandum of Settlement for PVPs, any applicable Participation Agreement or Plan, or this Agreement; and (b) pay to the Trustees the reasonable costs, expenses, or losses, incurred by the Trustees in connection with or arising out of any inspection, audit or examination or other proceedings or steps taken in respect to any such failure.
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Participating Employer Failure to Comply. If a Participating Employer fails to carry out its obligations under this Agreement, the Participating Employer shall forthwith, upon written demand from the Board, do any one or more of the following: (a) pay into the Trust Fund all sums which may have been determined by the said inspection, audit or examination or otherwise, to be due and owing to the Board by the Participating Employer, as well as interest at such rate as may be determined by the Board, from time to time, from the date that such sums are due until the date such sums have been remitted to the Trust Fund; (b) complete and remit any information forms or other related and supporting documents which may be required of the Participating Employer; and (c) pay to the Board all reasonable costs, expenses, or losses incurred by the Board in connection with or arising out of any inspection, audit or examination or other proceedings or steps taken in respect to any such failure by the Participating Employer to carry out its obligations under this Agreement.
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Participating Employer Failure to Comply. For greater certainty the provisions of Article 8 of this Agreement apply to Participating Employer obligations that arise as a result of an Eligible Employer becoming a party to a Retired Employee Participation Agreement.
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Related to Participating Employer Failure to Comply

  • Employee Discipline Appropriate sanctions must be applied against workforce 18 members who fail to comply with any provisions of CONTRACTOR’s privacy P&Ps, including 19 termination of employment where appropriate.

  • Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank (a) The Assuming Institution agrees to assist the Receiver, as provided in this Section 4.12, in offering individuals who were employees or former employees of the Failed Bank, or any of its Subsidiaries, and who, immediately prior to Bank Closing, were receiving, or were eligible to receive, health insurance coverage or health insurance continuation coverage from the Failed Bank ("Eligible Individuals"), the opportunity to obtain health insurance coverage in the Corporation's FIA Continuation Coverage Plan which provides for health insurance continuation coverage to such Eligible Individuals who are qualified beneficiaries of the Failed Bank as defined in Section 607 of the Employee Retirement Income Security Act of 1974, as amended (respectively, "qualified beneficiaries" and "ERISA"). The Assuming Institution shall consult with the Receiver and not later than five (5) Business Days after Bank Closing shall provide written notice to the Receiver of the number (if available), identity (if available) and addresses (if available) of the Eligible Individuals who are qualified beneficiaries of the Failed Bank and for whom a "qualifying event" (as defined in Section 603 of ERISA) has occurred and with respect to whom the Failed Bank's obligations under Part 6 of Subtitle B of Title I of ERISA have not been satisfied in full, and such other information as the Receiver may reasonably require. The Receiver shall cooperate with the Assuming Institution in order to permit it to prepare such notice and shall provide to the Assuming Institution such data in its possession as may be reasonably required for purposes of preparing such notice. (b) The Assuming Institution shall take such further action to assist the Receiver in offering the Eligible Individuals who are qualified beneficiaries of the Failed Bank the opportunity to obtain health insurance coverage in the Corporation's FIA Continuation Coverage Plan as the Receiver may direct. All expenses incurred and paid by the Assuming Institution (i) in connection with the obligations of the Assuming Institution under this Section 4.12, and (ii) in providing health insurance continuation coverage to any Eligible Individuals who are hired by the Assuming Institution and such employees' qualified beneficiaries shall be borne by the Assuming Institution. (c) No later than five (5) Business Days after Bank Closing, the Assuming Institution shall provide the Receiver with a list of all Failed Bank employees the Assuming Institution will not hire. Unless otherwise agreed, the Assuming Institution pays all salaries and payroll costs for all Failed Bank Employees until the list is provided to the Receiver. The Assuming Institution shall be responsible for all costs and expenses (i.e. salary, benefits, etc.) associated with all other employees not on that list from and after the date of delivery of the list to the Receiver. The Assuming Institution shall offer to the Failed Bank employees it retains employment benefits comparable to those the Assuming Institution offers its current employees. (d) This Section 4.12 is for the sole and exclusive benefit of the parties to this Agreement, and for the benefit of no other Person (including any former employee of the Failed Bank or any Subsidiary thereof or qualified beneficiary of such former employee). Nothing in this Section 4.12 is intended by the parties, or shall be construed, to give any Person (including any former employee of the Failed Bank or any Subsidiary thereof or qualified beneficiary of such former employee) other than the Corporation, the Receiver and the Assuming Institution any legal or equitable right, remedy or claim under or with respect to the provisions of this Section.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Failure to Comply 8.2.1 If the Developer fails to observe or perform any condition of this Agreement after the Municipality has given the Developer 30 days written notice of the failure or default, then in each such case: (a) The Municipality shall be entitled to apply to any court of competent jurisdiction for injunctive relief including an order prohibiting the Developer from continuing such default and the Developer hereby submits to the jurisdiction of such Court and waives any defence based upon the allegation that damages would be an adequate remedy; (b) The Municipality may enter onto the Lands and perform any of the covenants contained in this Agreement or take such remedial action as is considered necessary to correct a breach of the Agreement, whereupon all reasonable expenses whether arising out of the entry onto the Lands or from the performance of the covenants or remedial action, shall be a first lien on the Lands and be shown on any tax certificate issued under the Assessment Act; (c) The Municipality may by resolution discharge this Agreement whereupon this Agreement shall have no further force or effect and henceforth the development of the Lands shall conform with the provisions of the Land Use By-law; or (d) In addition to the above remedies, the Municipality reserves the right to pursue any other remedy under the Halifax Regional Municipality Charter or Common Law in order to ensure compliance with this Agreement.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not