1. In determining the amount of a monetary penalty, the Compliance Panel shall be guided by the primary purpose of a monetary penalty which is to encourage compliance with this Agreement, and the Compliance Panel shall also consider:
(a) the seriousness of the inconsistency with the Complaint Recipient’s obligations under the Agreement;
(b) the magnitude of the impact of the inconsistency on the market or markets;
(c) where the Complaint Recipient has previously been found by a Presiding Body in a Proceeding not to have been compliant with this Agreement, whether the complaint has been resolved or remains outstanding;
(d) whether the Complaint Recipient has made efforts, in good faith, to comply with the Agreement in respect of the matters addressed in the Report before the Compliance Panel; and
(e) any other factor the Compliance Panel considers relevant.
2. Notwithstanding anything else in this Part, the amount of a monetary penalty ordered against a Complaint Recipient shall not exceed the maximum amount set out for such Party in Annex 1707.1(2). If there are two or more Complaining Parties in a Proceeding, the monetary penalty shall be allocated among them in amounts determined by the Compliance Panel.