Common use of Criteria for Determination Clause in Contracts

Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that may be relevant and appropriate. (a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, including, but not limited to, the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.

Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her other determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that which may be relevant and appropriate. (a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, audit including, but not limited to, to the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person Person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 14.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 14.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.

Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her other determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that information, which may be relevant and appropriate. (a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, audit including, but not limited to, to the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person Person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 14.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 14.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.

Criteria for Determination. (a) The Commissioner or agency head Landlord Representative shall consider or address in reaching his or her other determination and in assessing an appropriate penalty the factors in paragraphs (ab) and (bc) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (cd) and (de) below, in addition to any other information that which may be relevant and appropriate. (ab) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, audit including, but not limited to, to the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (bc) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (cd) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the Citylicenses. (de) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 26.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head Landlord Representative upon the acquisition of the interest, or at the hearing called for in Section 1.02 26.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.

Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her other determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that which may be relevant and appropriate.appropriate.‌ (a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, audit including, but not limited to, to the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person Person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 10.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 10.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.

Criteria for Determination. The Commissioner commissioner or agency head shall consider or and address in reaching his or her determination and in assessing an appropriate penalty the factors in paragraphs subsections (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs subsections (c) and (d) below, below in addition to any other information that which may be relevant and appropriate.: (a) The partyentity’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, including, including but not limited to, to the discipline, discharge, discharge or disassociation of any person Person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity. (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or an entity subject to penalties under Section 1.04 36.03 above, provided that the party or entity has given actual notice to the Commissioner commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 36.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would will have on such person or entity.

Criteria for Determination. The Commissioner commissioner or agency head shall consider or and address in reaching his or her determination and in assessing an appropriate penalty the factors in paragraphs subsections (a) and (b) below. He ; he or she may also consider, if relevant and appropriate, the criteria established in paragraphs subsections (c) and (d) below, below in addition to any other information that which may be relevant and appropriate.: (a) The party’s the entity's good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, including, including but not limited to, to the discipline, discharge, discharge or disassociation of any person Person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought.; (b) The the relationship of the person Person who refused to testify to any entity that is a party to the hearing, including, including but not limited to, to whether the person Person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person Person has within the entity.; (c) The the nexus of the testimony sought to the subject entity and its contractscontract, leases, permits or licenses license with the City.; (d) The the effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or an entity subject to penalties under Section 1.04 40.5 above, provided provided, that the party or entity has given actual notice to the Commissioner commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 40.3 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would will have on such person or entity.

Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her other determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that which may be relevant and appropriate. (a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, audit including, but not limited to, to the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought. (b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person Person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity.entity.‌ (c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. (d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 14.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 14.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.