Breach of Contract and Liquidated Damages. In accordance with 5 NYCRR § 142.13, Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a State Agency Authorized User Mini-bid Agreement, such finding may constitute a breach of the Mini-bid Agreement and the applicable State Agency Authorized User may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the Mini-bid Agreement MWBE goals and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Mini-bid Agreement or as otherwise identified in the State Agency Authorized User Mini-bid Agreement.
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