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 B. For purposes of providing meaningful participation by MWBEs on the Agreement and achieving the Agreement Goals established in Section 10.2A hereof, the Manager should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/Vendor SearchPublic.asp. C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, 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 Manager acknowledges that if 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 agreement and the Manager shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. Where it appears that the Manager is unable to comply with the MWBE participation requirements, the Manager may submit in writing for the Fund’s consideration, the reasons for the Manager’s inability to meet any or all of the participation requirements together with an explanation of the efforts taken by the 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 2 contracts

Samples: Construction Management Agreement, Construction Management Agreement

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Agreement Goals. A. For purposes of this Agreement, the Fund hereby establishes goals of % XX% for Minority-Owned Business Enterprises (MBE) participation andand 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 Section 10.2A hereof, the Manager should reference the directory of New York State Certified MBWEs found at the following internet address: xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/Vendor SearchPublic.asp. C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, 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 Manager acknowledges that if 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 agreement and the Manager shall be liable to the Fund for liquidated or other appropriate damages, as set forth herein. D. Where it appears that the Manager is unable to comply with the MWBE participation requirements, the Manager may submit in writing for the Fund’s consideration, the reasons for the Manager’s inability to meet any or all of the participation requirements together with an explanation of the efforts taken by the 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

Samples: Construction Management Agreement

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