Common use of STIPULATED PENALTIES Clause in Contracts

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. a) [INSERT ENTITY NAME] 26.1 Unless there has been a written modification of a compliance date or other requirement of this Settlement Agreement by the RPM, or a force majeure event as defined herein, in the event P4 fails to meet any requirement of this Settlement Agreement, P4 shall be liable for pay stipulated penalties in the amount of $1,000 per day, per violation for the 1st through 14th days of noncompliance; $3,000 per day, per violation for the 15th through 30th day of noncompliance; and $7,500 per day, per violation for the 31st day of noncompliance and every day thereafter. Compliance by P4 shall include complete and timely performance of each activity required under this Settlement Agreement including, but not limited to, reimbursement of response costs pursuant to Chattanooga for violations Sections XXIII, XXIV, and XXV or complete and timely performance of this Agreement as specified herein. A violation includes failing to perform all Work or any obligation required by this Agreementactivities described in any plan, including any work plan statement or schedule Deliverable approved under this Settlement Agreement, according to all applicable requirements of this Agreement, and within the specified time schedules established by or approved under this Agreement. Stipulated . 26.2 All penalties shall begin to accrue on the day after complete performance is due or the day the a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed on until through the violation ceases. b) The following final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall accrue per violation or failure not accrue: (1) with respect to perform per a deficient submission of a Deliverable under Section IX (Work to be Performed), during the period, if any, beginning on the 31st day after the RPM’s receipt of such submission until the date that the RPM notifies P4 of any deficiency, and (2) with respect to a matter subject to Dispute Resolution (Section XXI), during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the reviewing agency issues a final decision regarding such dispute. Nothing herein shall prevent the simultaneous accrual of separate penalties for each violation of failure to perform separate violations of the requirements identified above or herein: Period Settlement Agreement. 26.3 The RPM will advise P4 in writing 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 demandpenalties owed by P4 pursuant to this Section. Chattanooga’s demand for payment of the stipulated All penalties shall identify the particular violation be paid by certified 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 cashier's check within thirty (30) days of the date of receipt of the demand for payment, unless P4 has properly disputed such demand or if [INSERT ENTITY NAME] fails related notice of violation. Interest shall begin to make payment accrue on the unpaid balance at the end of any stipulated penalty within sixty the thirty (6030) days, it day period. Interest shall accrue at the rate provided in applicable law. Payment shall be grounds for immediate termination made in accordance with instructions provided by the RPM. 26.4 Nothing in this Settlement Agreement shall be considered as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of P4’s violation of this Settlement Agreement by Chattanooga. Chattanooga may terminate this agreement and the termination or of the physical inter-connection(s) of the [INSERT ENTITY NAME] WCTS by providing written notice.statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to

STIPULATED PENALTIES. a88. If Respondent fails, without prior EPA approval, to comply with any of the requirements or time limits set forth in or established pursuant to this Settlement Agreement, and such failure is not excused under the terms of Paragraphs 85 through 87 above (Force Majeure), Respondent shall, upon demand by EPA, pay a stipulated penalty to EPA in the amount indicated below: a. For non-compliance with any requirements of this Settlement Agreement, other than the timely provision of progress reports required by Paragraph 58.a., stipulated penalties shall accrue in the amount of $1,500 per day, per violation, for the first fourteen (14) [INSERT ENTITY NAME] days of noncompliance, $5,000 per day, per violation, for the 15th through 30th day of noncompliance, and $10,000 per day, per violation, for the 31st day of noncompliance and beyond. b. For non-compliance with the requirement to submit progress reports in Paragraph 58.a., stipulated penalties shall accrue in the amount of $500 per day, per violation, for the first seven (7) days of noncompliance, $750 per day, per violation, for the 8th through 15th day of noncompliance, $1,000 per day, per violation, for the 16th through 25th day of noncompliance, and $2,000 per day, per violation, for the 26th day of noncompliance and beyond. 89. Any such penalty shall accrue as of the first day after the applicable deadline has passed and shall continue to accrue until the noncompliance is corrected or EPA notifies Respondent that EPA has determined that EPA will perform the tasks for which there is non- compliance. Such penalty shall be due and payable thirty (30) days following receipt of a written demand from EPA. Payment of any such penalty to EPA shall be made via EFT in accordance with the payment procedures in Paragraph 77 above. Respondent shall pay Interest on any amounts overdue under this Paragraph. Such Interest shall begin to accrue on the first day that payment is overdue. 90. Even if violations are simultaneous, separate penalties shall accrue for separate violations of this Settlement Agreement. Penalties accrue and are assessed per violation per day. Penalties shall accrue regardless of whether EPA has notified Respondent of a violation or act of noncompliance. The payment of penalties shall not alter in any way Respondent’s obligation to complete the performance of the Work required under this Settlement Agreement. 91. In the event that EPA assumes performance of a portion or all of the Work pursuant to Paragraph 102, Respondent shall be liable for a stipulated penalties to Chattanooga for violations penalty in the amount of this Agreement as specified herein$5,000,000. 92. 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 All penalties shall begin to accrue on the day after the complete performance is due due, or the day the a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed on until through the violation ceases. b) The following final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall accrue per violation not accrue: 1) with respect to a deficient submission under Section IX (EPA Approval of Plans and Other Submissions) during the period, if any, beginning on the 31st day after EPA’s receipt of such submission until the date that EPA notifies Respondent of any deficiency; 2) with respect to a decision by the Deputy Division Director as provided in Section XVIII (Dispute Resolution) Paragraph 84 of this Settlement Agreement, during the period, if any, beginning on the 31st day after the Negotiation Period begins until the date that the Deputy Division Director issues a final decision regarding such dispute or 3) for failure to perform per day acquire the Canal-side Property pursuant to Paragraph 44.a. of this Settlement Agreement after the time of any notification to Respondent made pursuant to Paragraph 47. Nothing herein shall prevent the simultaneous accrual of separate penalties for each violation separate violations of failure this Settlement Agreement. 93. Following EPA’s determination that Respondent has failed to perform comply with a requirement of this Settlement Agreement, EPA may give Respondent written notification 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 failure and beyond $1,000 c) [INSERT ENTITY NAME] shall pay any stipulated penalty within sixty (60) days of receiving Chattanooga’s describe the noncompliance. EPA may send Respondent a 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 basedpenalties. d) If [INSERT ENTITY NAME] fails to 94. Respondent shall pay the stipulated EPA all penalties according to the terms of accruing under 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 Section within thirty (30) days of Respondent’s receipt from EPA of a demand for payment of the penalties, unless Respondent invokes the dispute resolution procedures under Section XVIII (Dispute Resolution). 95. The payment of penalties shall not alter in any way Respondent’s obligation to complete performance of the Work required under this Settlement Agreement. 96. Penalties shall continue to accrue during any dispute resolution period but need not be paid until fifteen (15) days after the dispute is resolved by agreement or if [INSERT ENTITY NAME] by receipt of EPA’s decision. 97. If Respondent fails to make payment pay stipulated penalties when due, EPA may institute proceedings to collect the penalties, as well as Interest. 98. Nothing in this Settlement Agreement shall be construed as prohibiting, altering, or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of Respondent’s violation of this Settlement Agreement or of the statutes and regulations upon which it is based, including, but not limited to, penalties pursuant to Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3). Provided, however, that EPA shall not seek civil penalties pursuant to Section 106(b) or 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) of CERCLA for any violation for which a stipulated penalty within sixty (60) daysis provided herein, it shall be grounds for immediate termination except in the case of a willful violation of this Settlement Agreement by Chattanooga. Chattanooga may terminate this agreement and or in the termination event that EPA assumes performance of a portion or all of the physical inter-connection(s) Work pursuant to Section XX (Reservation of the [INSERT ENTITY NAME] WCTS Rights by providing written noticeEPA), Paragraph 102. Notwithstanding any other provision of this Section, EPA may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Settlement Agreement.

STIPULATED PENALTIES. a) [INSERT ENTITY NAME] 17. Upon written demand by the Department, CBE shall be liable for pay stipulated penalties to Chattanooga the Maryland Department of the Environment “Clean Water Fund” in accordance with the following criteria: i. If CBE fails to submit the quarterly progress reports required pursuant to Paragraph 5, or the weekly tracking reports pursuant to Paragraph 14, CBE shall pay $100 per day for violations each day beyond the required deadline until the requirement is met. ii. If CBE fails to complete installation or maintain the perimeter fence in accordance with Paragraph 9, CBE shall pay $500 per day for each day beyond the required completion date or for each day the fence is not maintained until the requirement is met. iii. If CBE fails to implement the surveillance measures in accordance with Paragraph 10 or fails to eliminate the standing water in accordance with Paragraph 11, CBE shall pay $500 per day for each day until the requirement is met. iv. If CBE fails to eliminate all waste storage exceedances in accordance with Paragraph 12, CBE shall pay $500 per day for each truck, trailer, or roll-off container that exceeds the applicable daily storage limit. For avoidance of any confusion, stipulated penalties under this subsection shall be calculated once each calendar day based on the number of trucks, trailers, or roll-off containers at the Facility which exceed the storage limits of Part III.B.10 of the Disposal Permit until the Facility is in compliance with its applicable storage limits. v. If CBE fails to timely submit or otherwise comply with the conditions of an approved Operational Plan in accordance with Paragraph 13, CBE shall pay $500 per day for each day until the requirement is met. 18. Each violation of a provision of this Agreement as specified hereinConsent Order is a separate instance of noncompliance subject to a stipulated penalty. 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 All stipulated penalties shall begin to accrue on the day after the performance is was due or on the day the a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed on to the Department’s reasonable satisfaction or until the violation ceases. Nothing in this Agreement shall prevent the simultaneous accrual of separate stipulated penalties for separate violations of this Consent Order. b) The following 19. CBE shall pay 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 after the Department’s written demand. 20. Any demand for stipulated penalty within sixty (60) days, it penalties shall be grounds for immediate termination of this Agreement sent via email and also mailed 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 noticeFirst Class U.S. Mail to: ▇▇▇▇▇▇ Bay Energy, LP Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Senior Plant Manager ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Road Baltimore, MD 21226 Email: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇