Violation 5 Clause Samples

The 'Violation 5' clause establishes the consequences or procedures that apply when a party commits a fifth violation under the agreement. Typically, this clause would outline escalating penalties, such as increased fines, stricter corrective actions, or potential termination of the contract after repeated breaches. By specifying the response to a fifth violation, the clause serves to deter repeated non-compliance and provides a clear framework for handling persistent breaches, thereby protecting the interests of the non-breaching party and maintaining contractual discipline.
Violation 5. On November 9, 2015, Lehigh violated the CDO by discharging approximately 28,300 gallons of Facility runoff to Permanente Creek with concentrations of turbidity above the numeric interim effluent limits in the CDO.
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Violation 5. The Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.3(a), (e) and (g) by failing to ensure that a QSP visually observe (inspect) the Site within two business days (48 hours) after each qualifying rain event and inspect within two business days (48 hours) prior to each qualifying rain event. The post rain event inspections are to identify whether BMPs were adequately designed, implemented, and effective, and to identify additional BMPs needed and revise the SWPPP. In addition, or in the alternative, the Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.4 by failing to collect storm water grab samples from locations defined in Attachment E, section I.5, that were representative of the discharge, analyze the effluent samples, and electronically submit all sampling results to the State Water Board. From July 1, 2020, to May 10, 2021, the Prosecution Team alleges there were 18 qualifying rain events, each of which required a pre-storm, during storm, and post- storm inspection resulting in 54 inspections the Discharger allegedly failed to perform and may have required water quality sampling and analyses.
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Violation 5. The Permittee failed to appoint a Qualified SWPPP Practitioner (QSP) and ensure all BMPs required by the Construction General Permit were implemented by the QSP and that all inspections, maintenance repairs and sampling activities were performed or supervised by the QSP. Staff determined this violation occurred from the construction start date on July 31, 2017 and continued until August 16, 2018, for a total of 382 days. The QSP for the project was hired and completed his first inspection for the site on August 17, 2018. The QSP is required to ensure that the BMPs listed in the SWPPP are implemented correctly, and to conduct inspections required by the permit. These inspections are performed to identify and record BMPs that need maintenance to operate effectively, that have failed or that could fail to operate as intended, and to identify any additional BMPs necessary and revise the SWPPP accordingly. The failure to retain a QSP or ensure all required actions of the QSP were performed from July 31, 2017 to August 17, 2018 is a violation of Construction General Permit Section I.F.44, Section VII.B.3, and Attachment D, Sections G.1-2 and I.3.
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Violation 5. Discrimination against Job or Shop ▇▇▇▇▇▇▇ or retaliation against "whistleblowers" (i) 1st Offense: Wages and fringe benefits $2000.00 liquidated Violation 6: Non-Union ▇▇▇▇▇▇▇ (i) 1st Offense: $4000.00 for each non-union ▇▇▇▇▇▇▇ plus $2000.00 liquidated damages (ii) 2nd Offense: $10000.00 for each non-union ▇▇▇▇▇▇▇ plus $3000.00 liquidated damages plus the Joint Trade Committee has discretion to implement 50% of the glaziers on the job from the Union.
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Related to Violation 5

  • Violation The Asset Representations Reviewer agrees that a violation of this Agreement may cause irreparable injury to the Issuer and the Servicer and the Issuer and the Servicer may seek injunctive relief in addition to legal remedies. If an action is initiated by the Issuer or the Servicer to enforce this Section 4.08, the prevailing party will be reimbursed for its fees and expenses, including reasonable attorney’s fees, incurred for the enforcement.

  • Violations Promptly notify Agent in writing of any violation of any law, statute, regulation or ordinance of any Governmental Body, or of any agency thereof, applicable to any Borrower which could reasonably be expected to have a Material Adverse Effect.

  • Violation of Contract If Purchaser violates any provision of this contract, the Contract Administrator, by written notice, may suspend delivery of further loads of forest products. If the violation is capable of being remedied, the Purchaser has five (5) days after receipt of suspension notice to remedy the violation. If the violation cannot be remedied (such as violation of WAC 240-15-015) or Purchaser fails to remedy the violation within five (5) days after receipt of a suspension notice, the State may terminate the rights of the Purchaser under this contract and collect damages as described in the damages clause in this contract.

  • 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.

  • Violation of Agreement If Guest(s) violates any of the conditions of this Agreement, Agent may terminate this Agreement and enter premises. Upon notice of termination of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit all rents and security deposits.