Common use of Agreement Goals Clause in Contracts

Agreement Goals. A. For purposes of this Agreement the Fund hereby establishes goals of % for Minority-Owned Business Enterprises (MBE) participation and % for Women-Owned Business Enterprises (“WBE”). B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the Agreement Goals established in VIII.2A hereof, Consultant should reference the directory of New York State Certified MBWEs found at the following internet address: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/FrontEnd/VendorSearc hPublic.asp. C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, subcontractors in the performance of the Agreement. In accordance with Section 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant acknowledges that if Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract and the Consultant shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. Where it appears that the Consultant is unable to comply with the MWBE participation requirements, the Consultant may submit in writing for the Fund’s consideration, the reasons for the Consultant’s inability to meet any or all of the participation requirements together with a detailed explanation of the efforts taken by the Consultant to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Appears in 2 contracts

Sources: Consultant Agreement, Consultant Agreement

Agreement Goals. A. For purposes of this Agreement Agreement, the Fund UNIVERSITY hereby establishes goals of 10% for Minority-Owned Business Enterprises (MBE) participation and 10 % for Women-Owned Business Enterprises (“WBE”). B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the Agreement Goals established in VIII.2A Section 10.2A hereof, Consultant the Manager should reference the directory of New York State Certified MBWEs found at the following internet address: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/FrontEnd/VendorSearc hPublic.asp.VendorSearchPublic.asp. August 2015 C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant Manager must document “good faith efforts” to provide meaningful participation by MWBEs as sub-consultants, subcontractors in the performance of the Agreement. In accordance with Section 316-a of Article 15-A and 5 NYCRR §142.13, the Consultant Manager acknowledges that if Consultant the Manager is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract agreement and the Consultant Manager shall be liable to the Fund UNIVERSITY for liquidated or other appropriate damages, as set forth herein. D. Where it appears that the Consultant Manager is unable to comply with the MWBE participation requirements, the Consultant Manager may submit in writing for the FundUNIVERSITY’s consideration, the reasons for the ConsultantManager’s inability to meet any or all of the participation requirements together with a detailed an explanation of the efforts taken by the Consultant Manager to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Appears in 1 contract

Sources: Construction Management Agreement

Agreement Goals. A. For purposes of this Agreement Agreement, the Fund hereby establishes goals of % XX% for Minority-Owned Business Enterprises (MBE) participation and % XX% for Women-Owned Business Enterprises (“WBE”). B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the Agreement Goals established in VIII.2A Section 10.2A hereof, Consultant the Manager should reference the directory of New York State Certified MBWEs found at the following internet address: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/FrontEnd/VendorSearc hPublic.aspVendor SearchPublic.asp. C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Consultant Manager must document “good faith efforts” to provide meaningful participation by MWBEs as sub-sub- consultants, subcontractors in the performance of the Agreement. In accordance with Section 316-316- a of Article 15-A and 5 NYCRR §142.13, the Consultant Manager acknowledges that if Consultant the Manager is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such a finding constitutes a breach of contract agreement and the Consultant Manager shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. Where it appears that the Consultant Manager is unable to comply with the MWBE participation requirements, the Consultant Manager may submit in writing for the Fund’s consideration, the reasons for the ConsultantManager’s inability to meet any or all of the participation requirements together with a detailed an explanation of the efforts taken by the Consultant Manager to obtain the required MWBE participation pursuant to the provisions of New York State Executive Law Section 313 and the MWBE Regulations.

Appears in 1 contract

Sources: Construction Management Agreement