STIPULATED PENALTIES Clause Samples
A stipulated penalties clause sets predetermined financial consequences for a party's failure to fulfill specific contractual obligations. In practice, this means that if a party breaches a particular term—such as missing a deadline or failing to meet performance standards—they must pay a fixed sum or a calculable amount as agreed in advance. This clause provides certainty regarding the cost of non-compliance and serves as a deterrent against breaches, ensuring that parties are motivated to meet their contractual commitments.
STIPULATED PENALTIES. 11.1 In the event that U.S. DOE fails to submit a primary document pursuant to the appropriate deadline in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which relates to an interim or final response action at an EPA-lead OU, U.S. EPA may assess a stipulated penalty against U.S. DOE. If IDHW determines at a state-lead OU that U.S. DOE has failed in a manner as set forth above at an OU, it may identify and recommend stipulated penalties to U.S. EPA and, unless disputed pursuant to Part IX, such penalties may be assessed in accordance with this Part. A stipulated penalty, may be assessed in an amount up to Five Thousand Dollars ($5,000) for the first week (or part thereof), and up to Ten Thousand Dollars ($10,000) for each additional week (or part thereof) for which a failure set forth in this Paragraph occurs.
11.2 Upon determining that U.S. DOE has failed in a manner set forth in Paragraph 111, U.S. EPA shall so notify U.S. DOE in writing. If the failure in question is not or has not already been subject to dispute resolution at the time such notice is received, U.S. DOE shall have fifteen (15) days after receipt of the notice to invoke dispute resolution on the question of whether the failure did, in fact, occur. U.S. DOE shall not be liable for the stipulated penalty assessed if the failure is determined, through the dispute resolution process, not to have occurred. No assessment of a stipulated penalty shall be final until the conclusion of dispute resolution procedures related to the assessment of the stipulated penalty.
11.3 The annual reports required by Section 120 (e) (5) of CERCLA, 42 U.S.C. § 9620 (e) (5), shall include, with respect to each final assessment of a stipulated penalty against U.S. DOE under this Agreement, each of the following:
(a) The facility responsible for the failure;
(b) A statement of the facts and circumstances giving rise to the failure;
(c) A statement of any administrative action taken at the relevant facility, or a statement of why such measures were determined to be inappropriate;
(d) A statement of any additional action taken by or at the facility to prevent recurrence of the same type of failure; and
(e) The total dollar amount of the stipulated penalty assessed for the particular failure.
11.4 Stipulated penalties assessed pursuant to CERCLA and this Part shall be payable to the Federal Hazardous Substances Response Trust Fund from funds authorized a...
STIPULATED PENALTIES. OIG may assess:
1. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.A;
2. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.B;
3. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.C;
4. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.D;
5. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.E;
6. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.F;
7. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.G;
8. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.H;
9. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.I;
10. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.J;
11. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section III.K;
12. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section IV;
13. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section V;
14. A Stipulated Penalty of up to $2,500 for each day CHN fails to comply with Section VII;
15. A Stipulated Penalty of up to $2,500 for each day fails to comply with Section VIII; or
16. A Stipulated Penalty of up to $50,000 for each false certification or false statement made to OIG by or on behalf of CHN under this CIA.
STIPULATED PENALTIES. 32. Defendant shall be liable for stipulated penalties to the United States for violations of this Consent Decree as specified below, unless excused under Section VIII (Force Majeure). A violation includes failing to perform any obligation required by the terms of this Decree, including any schedule approved under this Decree, according to all applicable require- ments of this Decree and within the specified time schedules established by or approved under this Decree.
STIPULATED PENALTIES. In the event that DOE fails to submit a primary document, as identified in Section XXII (Review/Comment on Documents), to EPA pursuant to the appropriate timetable or deadline in accordance with the requirements of this Agreement, or fails to comply with a term or condition of this Agreement which relates to an interim or final remedial action, EPA and SCDHEC may determine jointly that a stipulated civil penalty may be assessed. The EPA will implement the joint decision under this Subsection. A stipulated penalty may be assessed in an amount not to exceed $5,000 for the first week (or part thereof), and $10,000 for each additional week (or part thereof) for which a failure set forth in this Subsection occurs.
STIPULATED PENALTIES. In the event that DOE fails to submit a CERCLA primary document pursuant to the appropriate timetable or deadline in accordance with Part Three of this Agreement, or fails to comply with a term or condition of Part Three of this Agreement which relates to an interim or final remedial action, including milestones associated with the development, implementation and completion of an RI or FS, EPA may assess a stipulated penalty against DOE. If Ecology determines that DOE has failed in a manner as set forth above for which it is the lead regulatory agency, Ecology may identify stipulated penalties to EPA and, unless it is a disputed matter under Paragraph 73, these penalties shall be assessed in accordance with this Article. A stipulated penalty may be assessed in an amount up to $5,000 for the first week (or part thereof), and up to $10,000 for each additional week (or part thereof) for which a failure set forth in this paragraph occurs.
STIPULATED PENALTIES. Respondent shall be liable to EPA for stipulated penalties in the amounts set forth in Paragraphs 76.a and 77 for failure to comply with the obligations specified in Paragraphs 76.b and 77, unless excused under Section XVI (Force Majeure). “Comply” as used in the previous sentence includes compliance by Respondent with all applicable requirements of this Settlement, within the deadlines established under this Settlement.
STIPULATED PENALTIES a) [INSERT ENTITY NAME] shall be liable for stipulated penalties to Chattanooga for violations of this Agreement as specified herein. A violation includes failing to perform any obligation required by this Agreement, including any work plan or schedule approved under this Agreement, according to all applicable requirements of this Agreement, and within the specified time schedules established by or approved under this Agreement. Stipulated penalties shall begin to accrue on the day after performance is due or the day the violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed on until the violation ceases.
b) The following stipulated penalties shall accrue per violation or failure to perform per day for each violation of failure to perform of the requirements identified above or herein: Period of Failure to Comply Penalty per Violation per Day 1st through 15th Day $350 16th through 30th Day $500 31st Day and beyond $1,000
c) [INSERT ENTITY NAME] shall pay any stipulated penalty within sixty (60) days of receiving Chattanooga’s written demand. Chattanooga’s demand for payment of the stipulated penalties shall identify the particular violation or failure to perform to which the stipulated penalty relates, the amount of stipulated penalty being demanded, the calculation method underlying the demand, and the grounds on which the demand is based.
d) If [INSERT ENTITY NAME] fails to pay the stipulated penalties according to the terms of this Agreement, [INSERT ENTITY NAME] shall be liable for interest on such penalties, accruing as of the date payment becomes due. The interest rate shall be three (3) percent (%) plus the prime interest rate or the amount allowable by law, whichever is greater.
e) If a violation exceeds thirty (30) days or if [INSERT ENTITY NAME] fails to make payment of any stipulated penalty within sixty (60) days, it shall be grounds for immediate termination of this Agreement by Chattanooga. Chattanooga may terminate this agreement and the termination of the physical inter-connection(s) of the [INSERT ENTITY NAME] WCTS by providing written notice.
STIPULATED PENALTIES. OIG may assess:
1. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.A;
2. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.B;
3. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.C;
4. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.D;
5. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.E;
6. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.F;
7. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.G;
8. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.H;
9. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.I;
10. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section III.J;
11. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section IV;
12. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section V;
13. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section VII;
14. A Stipulated Penalty of up to $2,500 for each day Lincare fails to comply with Section VIII; or
15. A Stipulated Penalty of up to $50,000 for each false certification or false statement made to OIG by or on behalf of Lincare under this CIA.
STIPULATED PENALTIES. Unless the noncompliance is excused under Section XII (Force Majeure), Respondents are liable to EPA for the following stipulated penalties: for any failure: (i) to pay any amount due under Section XI; (ii) [to establish and maintain financial assurance in accordance with Section IX]; (iii) [to establish any escrow account required under ¶ 52]; (iv) to submit timely or adequate deliverables, including [list major deliverables and compliance milestones]: for any failure to submit timely or adequate deliverables required by this Settlement other than those specified in ¶ 54.a: Work Takeover Penalty. If EPA commences a Work Takeover under ¶ 25, Respondents are liable for a stipulated penalty in the amount of $________. This stipulated penalty is in addition to the remedy available to EPA under ¶ 35 (Access to Financial Assurance).
STIPULATED PENALTIES. 54. Respondents shall be liable to EPA for stipulated penalties in the amounts set forth in Paragraphs 55 and 56 for failure to comply with the requirements of this Settlement Agreement specified below, unless excused under Section XVII (Force Majeure). “Compliance” by Respondents shall include completion of the activities under this Settlement Agreement or any work plan, or other plan approved under this Settlement Agreement, in accordance with all applicable requirements of law, this Settlement Agreement, all Appendices, and any plans, reports or other documents approved by EPA pursuant to this Settlement Agreement and within the specified time schedules established by and approved under this Settlement Agreement.