Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages.
Liquidated Damages - MWBE Participation. Where the Authority determines that Contractor is not in compliance with the requirements of this Agreement and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth herein, Contractor shall be obligated to pay to the Authority liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under this Agreement. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Authority, Contractor shall pay such liquidated damages to the Authority within sixty (60) days after they are assessed by the Authority unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. EEO Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and...
Liquidated Damages - MWBE Participation. A. Where the Fund determines that Consultant is not in compliance with the requirements of the Agreement and refuses to comply with such requirements, or if Consultant is found to have willfully and intentionally failed to comply with the MWBE Agreement Goals, Consultant shall be obligated to pay liquidated damages to the Fund.
Liquidated Damages - MWBE Participation a. Where DHSES determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, such finding constitutes a breach of Contract and DHSES may withhold payment from the Contractor as liquidated damages and/or provide for other appropriate remedies.
Liquidated Damages - MWBE Participation. A. Where ESD determines that the Contractor is not in compliance with the requirements of the Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to ESD liquidated damages.
Liquidated Damages - MWBE Participation. A. Where NYSDOT determines that the Consultant is not in compliance with the requirements of this Appendix and the Consultant refuses to comply with such requirements, or if the Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Consultant shall be obligated to pay to NYSDOT liquidated damages.
Liquidated Damages - MWBE Participation. Where NYSDOT determines that the Consultant is not in compliance with the requirements of this Appendix and the Consultant refuses to comply with such requirements, or if the Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Consultant shall be obligated to pay to NYSDOT liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to the MWBEs had the Consultant achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under the Contract. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by NYSDOT, the Consultant shall pay such liquidated damages to NYSDOT within sixty (60) days after they are assessed. Provided, however, that if the Consultant has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR Section 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Consultant following the complaint process. Revised July 12, 2017 APPENDIX E INFORMATION TECHNOLOGY INFRASTRUCTURE REQUIREMENTS PROTECTION OF DATA, INFRASTRUCTURE AND SOFTWARE Consultant is responsible for providing physical and logical security for all Data, infrastructure (e.g. hardware, networking components, physical devices), and software related to the services the Consultant is providing under this Agreement. All Data security provisions agreed to by the Consultant within this Agreement may not be diminished for the duration of this Agreement. No reduction in these conditions in any fashion may occur at any time without prior written agreement by the parties amending this Agreement.
Liquidated Damages - MWBE Participation. A. Where OCFS determines that the Contractor is not in compliance with the requirements of this Attachment and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to OCFS liquidated damages.
Liquidated Damages - MWBE Participation. A. Where NYSERDA determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to NYSERDA liquidated damages. [PLEASE NOTE THAT WHILE ARTICLE 15-A REQUIRES THE INCLUSION OF LIQUIDATED DAMAGES IN THE CONTRACT, ARTICLE 15-A DOES NOT PROVIDETHE METHOD TO BE USED FOR CALCULATING LIQUIDATED DAMAGES. THEREFORE, THE CALCULATION SET FORTH IN THE NEXT PARAGRAPH IS JUST ONE OF A NUMBER OF ACCEPTABLE METHODS THAT MAY BE USED IN CALCULATING LIQUIDATED DAMAGES. PUNITIVE DAMAGES MAY NOT BE USED IN DETERMINING LIQUIDATED DAMAGES. NOTE: THIS LANGUAGE SHOULD BE DELETED FROM THE FINAL CONTRACT]
Liquidated Damages - MWBE Participation. A. Where the UNIVERSITY determines that the Manager is not in compliance with the requirements of the Agreement and refuses to comply with such requirements, or if the Manager is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Manager shall be obligated to pay to the UNIVERSITY liquidated damages.
