Common use of Investigations Clause Clause in Contracts

Investigations Clause. 95.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.3. If any person refuses to testify for a reason other than the assertion of his/her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 without the City incurring any penalty or damages for delay or otherwise. 95.6. The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 and 95.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 and 95.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 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. 95.7.2. 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. 95.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.181.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.281.2. If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.381.3. If any person refuses to testify for a reason other than the assertion of his/her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.481.4. The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.581.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 81.7 without the City incurring any penalty or damages for delay or otherwise. 95.681.6. The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.181.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.281.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.781.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 81.7.1 and 95.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 and 95.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 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 sought81. 95.7.2. 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. 95.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. 63.1 The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. 63.2 If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.3. 63.3 If any person refuses to testify for a reason other than the assertion of his/her privilege against self-self incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. 63.4 The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. 63.5 If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 63.7 without the City incurring any penalty or damages for delay or otherwise. 95.6. 63.6 The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. 63.6.1 The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. 63.6.2 The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. 63.7 The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 63.7.1 and 95.7.263.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 63.7.3 and 95.7.463.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 63.7.1 The party’s '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. 95.7.2. 63.7.2 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. 95.7.3. 63.7.3 The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. 63.7.4 The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.663.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.463.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity. 63.8 Definitions: 63.8.1 The term "license" or "permit" as used in this Article 63 shall be defined as a license, permit, franchise or concession not granted as a matter of right. 63.8.2 The term "person" as used in this Article 63 shall be defined as any natural person doing business alone or associated with another person or entity as a partner, director, officer, principal or employee. 63.8.3 The term "entity" as used in this Article 63 shall be defined as any firm, partnership, corporation, association, joint venture, or person that receives monies, benefits, licenses, leases, or permits from or through the City or otherwise transacts business with the City. 63.8.4 The term "member" as used in this Article 63 shall be defined as any person associated with another person or entity as a partner, director, officer, principal or employee. 63.9 In addition to and notwithstanding any other provision of this Contract, the Commissioner may in his/her sole discretion terminate this Contract upon not less than three (3) Days’ written notice in the event the Contractor fails to promptly report in writing to the Commissioner of the Department of Investigations ("DOI") of the City any solicitation of money, goods, requests for future employment or other benefit or thing of value, by or on behalf of any employee of the City or other person, firm, corporation or entity for any purpose which may be related to the procurement or obtaining of this Contract by the Contractor, or affecting the performance of this Contract.

Investigations Clause. 95.196.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.296.2. If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.396.3. If any person refuses to testify for a reason other than the assertion of his/her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.496.4. The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.596.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 96.7 without the City incurring any penalty or damages for delay or otherwise. 95.696.6. The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.196.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.296.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.796.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 96.7.1 and 95.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 and 95.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 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 sought96. 95.7.2. 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. 95.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. (A) The parties Parties to this Contract Agreement agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority of New York State (the “State”) or New York City (the “City”) that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit permit, or license that is the subject of the investigation, audit or inquiry. 95.2. (i) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, or the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws applicable laws of the State of New YorkState, or; 95.3. (ii) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. (i) The Commissioner commissioner or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, permit or license shall convene a hearing, upon not less than five license (5ii) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 I below without the City incurring any penalty or damages for delay or otherwise. 95.6. (D) The penalties which that may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. (i) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (ii) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractAgreement, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. (E) The Commissioner shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 subsections (i) and 95.7.2(ii) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 subsections (iii) and 95.7.4(iv) below, in addition to any other information which that may be relevant and appropriate: 95.7.1. (i) 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. 95.7.2. (ii) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (iii) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. (iv) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6(D) above, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, I(i) above gives notice and proves that such interest was previously acquired. Under either circumstance circumstance, the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.163.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.263.2. If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.363.3. If any person refuses to testify for a reason other than the assertion of his/her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.463.4. The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.563.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 63.7 without the City incurring any penalty or damages for delay or otherwise. 95.663.6. The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.163.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.263.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.763.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 63.7.1 and 95.7.263.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 63.7.3 and 95.7.463.7.4, in addition to any other information which may be relevant and appropriate: 95.7.163.7.1. The party’s '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. 95.7.263.7.2. 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. 95.7.363.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.463.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.663.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.463.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. 63.1 The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. 63.2 If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.3. 63.3 If any person refuses to testify for a reason other than the assertion of his/her privilege against self-self incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. 63.4 The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. 63.5 If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 63.7 without the City incurring any penalty or damages for delay or otherwise. 95.6. 63.6 The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 and 95.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 and 95.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 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. 95.7.2. 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. 95.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. (A) The parties Parties to this Contract Agreement agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority of New York State (the “State”) or New York City (the “City”) that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit permit, or license that is the subject of the investigation, audit or inquiry. 95.2. (i) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, or the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws applicable laws of the State of New YorkState, or; 95.3. (ii) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. (i) The Commissioner commissioner or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, permit or license (hereinafter, the “Commissioner”) shall convene a hearing, upon not less than five (5) Days’ days written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. (ii) If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 I below without the City incurring any penalty or damages for delay or otherwise. 95.6. (D) The penalties which that may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. (i) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (ii) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractAgreement, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. (E) The Commissioner shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 subsections (i) and 95.7.2(ii) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 subsections (iii) and 95.7.4(iv) below, in addition to any other information which that may be relevant and appropriate: 95.7.1. (i) 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. 95.7.2. (ii) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (iii) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. (iv) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6(D) above, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, I(i) above gives notice and proves that such interest was previously acquired. Under either circumstance circumstance, the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.194.1. The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency Agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency Agency that is a party in interest to the transaction, submitted bid, submitted proposal, contractContract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.294.2. If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency Agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contractContract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.394.3. If any person refuses to testify for a reason other than the assertion of his/her privilege against self-self incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency Agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency Agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contractContract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.494.4. The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contractContract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ Days written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.594.5. If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contractContract, lease, permit, or license, pending the final determination pursuant to Article 95.7 94.7 without the City incurring any penalty or damages for delay or otherwise. 95.694.6. The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.194.6.1. The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contractContract, lease, permit or license with or from the City; and/or 95.6.294.6.2. The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work Work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.794.7. The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 94.7.1 and 95.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 and 95.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 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 sought94. 95.7.2. 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. 95.7.3. The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. A. The parties to this Contract Agreement agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City of New York (City) governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit permit, or license that is the subject of the investigation, audit or inquiry. 95.2. (1) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws laws of the State of New York, or; 95.3. (2) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination self‑incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. (1) The Commissioner commissioner or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Daysdays’ written notice to the parties involved involved, to determine if any penalties should attach for the failure of a person to testify. 95.5. (2) If any non-governmental non‑governmental party to the hearing requests an adjournment, the Commissioner commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 paragraph E below without the City incurring any penalty or damages for delay or otherwise. 95.6. D. The penalties which may attach after a final determination by the Commissioner commissioner or agency head may include but shall not exceed: 95.6.1. (1) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (2) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractAgreement, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. E. The Commissioner commissioner or agency head shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 paragraphs (a) and 95.7.2(b) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 paragraphs (c) and 95.7.4, (d) below in addition to any other information which may be relevant and appropriate: 95.7.1. (1) 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. 95.7.2. (2) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (3) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. (4) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6D 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 Article 95.4, C(1) above gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity. (1) The term “license” or “permit” as used herein shall be defined as a license, permit, franchise or concession not granted as a matter of right.

Investigations Clause. 95.1. A. The parties to this Contract Agreement agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City of New York (City) governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit permit, or license that is the subject of the investigation, audit or inquiry. 95.2. (1) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws laws of the State of New York, or; 95.3. (2) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination self‑incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. C. (1) The Commissioner commissioner or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Daysdays’ written notice to the parties involved involved, to determine if any penalties should attach for the failure of a person to testify. 95.5. (2) If any non-governmental non‑governmental party to the hearing requests an adjournment, the Commissioner commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 paragraph E below without the City incurring any penalty or damages for delay or otherwise. 95.6. D. The penalties which may attach after a final determination by the Commissioner commissioner or agency head may include but shall not exceed: 95.6.1. (1) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (2) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractAgreement, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. E. The Commissioner commissioner or agency head shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 paragraphs (a) and 95.7.2(b) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 paragraphs (c) and 95.7.4, (d) below in addition to any other information which may be relevant and appropriate: 95.7.1. (1) 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. 95.7.2. (2) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (3) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. (4) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6D 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 Article 95.4, C(1) above gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity. (1) The term “license” or “permit” as used herein shall be defined as a license, permit, franchise or concession not granted as a matter of right.

Investigations Clause. 95.1. 63.1 The parties to this Contract agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United States, a State of New York (State) or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. 63.2 If any person who has been advised that his/her statement, and any information from such statement, will not be used against him/her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws of the State of New York, or; 95.3. 63.3 If any person refuses to testify for a reason other than the assertion of his/her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, then; 95.4. 63.4 The Commissioner whose Agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. 63.5 If any non-governmental party to the hearing requests an adjournment, the Commissioner who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, pending the final determination pursuant to Article 95.7 63.7 without the City incurring any penalty or damages for delay or otherwise. 95.6. 63.6 The penalties which may attach after a final determination by the Commissioner may include but shall not exceed: 95.6.1. 63.6.1 The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. 63.6.2 The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this Contract, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. 63.7 The Commissioner shall consider and address in reaching his/her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 63.7.1 and 95.7.263.7.2. The Commissioner may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 63.7.3 and 95.7.463.7.4, in addition to any other information which may be relevant and appropriate: 95.7.1. 63.7.1 The party’s '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. 95.7.2. 63.7.2 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. 95.7.3. 63.7.3 The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City. 95.7.4. 63.7.4 The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.663.6, provided that the party or entity has given actual notice to the Commissioner upon the acquisition of the interest, or at the hearing called for in Article 95.463.4, gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity shall present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity. 63.8 Definitions: 63.8.1 The term "license" or "permit" as used in this Article 63 shall be defined as a license, permit, franchise or concession not granted as a matter of right. 63.8.2 The term "person" as used in this Article 63 shall be defined as any natural person doing business alone or associated with another person or entity as a partner, director, officer, principal or employee. 63.8.3 The term "entity" as used in this Article 63 shall be defined as any firm, partnership, corporation, association, joint venture, or person that receives monies, benefits, licenses, leases, or permits from or through the City or otherwise transacts business with the City. 63.8.4 The term "member" as used in this Article 63 shall be defined as any person associated with another person or entity as a partner, director, officer, principal or employee. 63.9 In addition to and notwithstanding any other provision of this Contract, the Commissioner may in his/her sole discretion terminate this Contract upon not less than three (3) Days’ written notice in the event the Contractor fails to promptly report in writing to the Commissioner of the Department of Investigations ("DOI") of the City any solicitation of money, goods, requests for future employment or other benefit or thing of value, by or on behalf of any employee of the City or other person, firm, corporation or entity for any purpose which may be related to the procurement or obtaining of this Contract by the Contractor, or affecting the performance of this Contract.

Investigations Clause. 95.1. A. The parties to this Contract License agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United StatesFederal, a State of New York ("State") or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. (1) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and or New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws laws of the State of New York, ; or; 95.3. (2) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, ; then; 95.4. The Commissioner (1) DOT or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ days written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. (2) If any non-governmental party to the hearing requests an adjournment, the Commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 subparagraph E below without the City incurring any penalty or damages for delay or otherwise. 95.6. D. The penalties which may attach after a final determination by the Commissioner or agency head may include but shall not exceed: 95.6.1. (1) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (2) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractLicense, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without with the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. E. The Commissioner or agency head shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 subparagraphs (1) and 95.7.2(2) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 Paragraphs (3) and 95.7.4, (4) below in addition to any other information which may be relevant and appropriate: 95.7.1. (1) The party’s '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. 95.7.2. (2) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (3) The nexus of the testimony sought to the subject entity and its contracts, leases, permits permits, or licenses with the City. 95.7.4. (4) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6subparagraph D 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 Article 95.4, subparagraph C (1) above gives notice and proves that such interest previously was previously acquired. Under either circumstance circumstance, the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

Investigations Clause. 95.1. A. The parties to this Contract License, agree to cooperate fully and faithfully with any investigation, audit or inquiry conducted by a United StatesFederal, a State of New York ("State") or a City governmental agency or authority that is empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector General of a governmental agency that is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation, audit or inquiry. 95.2. (1) If any person who has been advised that his/his or her statement, and any information from such statement, will not be used against him/him or her in any subsequent criminal proceeding refuses to testify before a grand jury or other governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to examine witnesses under oath concerning the award of or performance under any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision or public authority thereof, or the Port Authority of New York and or New Jersey, or any local development corporation within the City, or any public benefit corporation organized under the Laws laws of the State of New York, ; or; 95.3. (2) If any person refuses to testify for a reason other than the assertion of his/his or her privilege against self-incrimination in an investigation, audit or inquiry conducted by a City or State governmental agency or authority empowered directly or by designation to compel the attendance of witnesses and to take testimony under oath, or by the Inspector General of the governmental agency that is a party in interest in, and is seeking testimony concerning the award of, or performance under under, any transaction, agreement, lease, permit, contract, or license entered into with the City, the State, or any political subdivision thereof or any local development corporation within the City, ; then; 95.4. The Commissioner (1) DSBS or agency head whose Agency agency is a party in interest to the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall convene a hearing, upon not less than five (5) Days’ days written notice to the parties involved to determine if any penalties should attach for the failure of a person to testify. 95.5. (2) If any non-governmental party to the hearing requests an adjournment, the Commissioner or agency head who convened the hearing may, upon granting the adjournment, suspend any contract, lease, permit, or license, license pending the final determination pursuant to Article 95.7 subparagraph E below without the City incurring any penalty or damages for delay or otherwise. 95.6. D. The penalties which may attach after a final determination by the Commissioner or agency head may include but shall not exceed: 95.6.1. (1) The disqualification for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, from submitting bids for, or transacting business with, or entering into or obtaining any contract, lease, permit or license with or from the City; and/or 95.6.2. (2) The cancellation or termination of any and all such existing City contracts, leases, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this ContractLicense, nor the proceeds of which pledged, to an unaffiliated and unrelated institutional lender for fair value prior to the issuance of the notice scheduling the hearing, without with the City incurring any penalty or damages on account of such cancellation or termination; monies lawfully due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City. 95.7. E. The Commissioner or agency head shall consider and address in reaching his/his or her determination and in assessing an appropriate penalty the factors in Articles 95.7.1 subparagraphs (1) and 95.7.2(2) below. The Commissioner He or she may also consider, if relevant and appropriate, the criteria established in Articles 95.7.3 Paragraphs (3) and 95.7.4, (4) below in addition to any other information which may be relevant and appropriate: 95.7.1. (1) The party’s '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. 95.7.2. (2) The relationship of the person who refused to testify to any entity that is a party to the hearing, including 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. 95.7.3. (3) The nexus of the testimony sought to the subject entity and its contracts, leases, permits permits, or licenses with the City. 95.7.4. (4) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under Article 95.6subparagraph D 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 Article 95.4, subparagraph C (1) above gives notice and proves that such interest previously was previously acquired. Under either circumstance circumstance, the party or entity shall must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.