Remedies and Penalties for Non-Compliance. A. In cases where the Owner has cause to believe that a Participant, acting in good faith, has failed to comply with the provisions of the Plan, the Owner and/or the Oversight Committee, with the assistance and consultation of the appropriate agencies and professional entities, shall attempt to resolve the noncompliance through conciliation and persuasion.
Remedies and Penalties for Non-Compliance. A. The Purchaser acknowledges and agrees that its compliance with the requirements of this Plan is a material inducement for the Ordinance of City Council and Purchaser’s failure to substantially comply with the Plan may result in enforcement actions and the imposition of penalties as authorized by Sections 17-1605 and 17-1606 of The Philadelphia Code. Notwithstanding the foregoing, no privity of contract exists between the Land Bank, the City and any M/W/DSBE identified in any contract resulting from implementation of the Plan. Neither the Land Bank nor the City intends to give or confer upon any such M/W/DSBE any legal rights or remedies in connection with subcontracted services under any law or policy or by any reason of any contract resulting from implementation of the Plan except such rights or remedies that the M/W/DSBE may seek as a private cause of action under any legally binding contract to which it may be a party. PRINT NAME OF PURCHASER DATE SIGNATURE OF PURCHASER DATE XXXX XXXXXXX, DHCD COMPLIANCE DIRECTOR DATE XXXX XXXXXX, DIRECTOR, OFFICE OF ECONOMIC OPPORTUNITY5 DATE 5 Pursuant to Section 17-1603 (2) of The Philadelphia Code, the representative of the City of Philadelphia’s Office of Economic Opportunity, the “certifying agency”, certifies that the contents of this Plan are in compliance with Chapter 17- 1600. EXHIBIT E DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS Land Bank PDA (WFH) ver. 2-1-2019 DECLARATION OF RESTRICTIVE COVENANTS, CONDITIONS AND RESTRICTIONS THIS INDENTURE (the “Declaration”), made as of , 20 , by DEVELOPER NAME, a natural person OR STATE limited liability company OR STATE limited partnership OR STATE general partnership OR STATE corporation ("Owner"), with offices located at DEVELOPERS MAILING ADDRESS.
Remedies and Penalties for Non-Compliance. A. The Contractor agrees that its compliance with the requirements of the Plan is material to the contract. Any failure to comply with these requirements may constitute a substantial breach of the contract. It is further agreed and understood that in the event the City determines that the Contractor hereunder has failed to comply with these requirements the City may, in addition to remedies reserved under Section 17- 1605 of The Philadelphia Code, any other rights and remedies the City may have under the contract, or any bond filed in connection therewith or at law or in equity, exercise one or more of the remedies below, which shall be deemed cumulative and concurrent: Withhold payment(s) or any part thereof until corrective action is taken. Terminate the contract, in whole or in part. Suspend/Debar the Contractor from proposing on and/or participating in any future City contracts for a period of up to three (3) years. Recover as liquidated damages, one percent of the total dollar amount of the contract for each one percent (or fraction thereof) of the commitment shortfall. (NOTE shall include approved change orders, amendments and for requirements contracts shall be based on actual quantities ordered by the City.) -compliance with any provision hereunder, shall not operate s rights in connection with the Contract nor shall it give rise to actions by any third parties including identified M/W/DSBE subcontractors. No privity of contract exists between the City and the M/W/DSBE subcontractor identified in the contract. The City does not intend to give or confer upon any such M/W/DSBE subcontractor(s) any legal rights or remedies in connection with subcontracted services under any law or Executive Order or by any reason of the Contract except such rights or remedies that the M/W/DSBE subcontractor may seek as a private cause of action under any legally binding contract to which it may be a party. PRINT NAME OF CONTRACTOR AND TITLE DATE SIGNATURE OF CONTRACTOR AND TITLE DATE XXXX XXXXXX, DIRECTOR, OFFICE OF ECONOMIC OPPORTUNITY4 DATE [See Forms on following pages; these Forms, must be submitted by Contractor] 4 Pursuant to Section 17- in compliance with Chapter 17-1600. STATEMENT OF DIVERSITY PRACTICES, POLICIES AND PAST ACHIEVEMENTS In compliance with Chapter 17-1600 of the Philadelphia Code, Section 17-1603 entitled developer and/or recipient of financial assistance summarizing past practices by identifying and describing examples of processes used to devel...
