Common use of Liquidated Damages - MWBE Participation Clause in Contracts

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

Liquidated Damages - MWBE Participation. A. Where the Department Corporation determines that the Contractor is not in compliance with the requirements of this Appendix Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department Corporation liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentAgency, the Contractor shall pay such liquidated damages to the Department Corporation within sixty (60) days after they are assessed. Providedassessed by the Corporation unless prior to the expiration of such sixtieth (60th) day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, subdivision 8 of section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse to the Contractor following the complaint processCorporation.

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix the Agreement and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Providedassessed by the Department unless prior to the expiration of such sixtieth day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of §313 of the Executive Law in which event the liquidated damages shall be payable only if the Director renders a decision in favor of the event of a determination adverse to the Contractor following the complaint processDepartment.

Liquidated Damages - MWBE Participation. A. a. Where the Department Agency determines that the Contractor is not in compliance with the requirements of this Appendix the Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department Agency liquidated damages. B. b. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. c. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. d. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. e. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentAgency, the Contractor shall pay such liquidated damages to the Department Agency within sixty (60) days after they are assessed. Providedassessed by the Agency unless prior to the expiration of such sixtieth day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse to the Contractor following the complaint processAgency.

Liquidated Damages - MWBE Participation. A. (1) Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix the Contract and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. (2) Such liquidated damages shall be calculated as an amount equaling the difference between: 1. (i) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. (ii) All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. (3) In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Providedassessed by the Department unless prior to the expiration of such sixtieth day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse to the Contractor following the complaint processDepartment.

Liquidated Damages - MWBE Participation. A. Where the Department Fund determines that the Contractor Manager is not in compliance with the requirements of this Appendix the Agreement and the Contractor refuses to comply with such requirements, or if the Contractor Manager is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor Manager shall be obligated to pay to the Department Fund liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor Manager achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Agreement. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentFund, the Contractor Manager shall pay such liquidated damages to the Department Fund within sixty (60) days after they are assessed. Providedassessed by the Fund unless prior to the expiration of such sixtieth day, however, that if the Contractor Manager has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable only if the Director renders a decision in favor of the event of a determination adverse to the Contractor following the complaint processFund.

Liquidated Damages - MWBE Participation. A. Where the Department OCFS determines that the Contractor is not in compliance with the requirements of this Appendix Attachment and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department OCFS liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the DepartmentOCFS, the Contractor shall pay such liquidated damages to the Department OCFS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

Liquidated Damages - MWBE Participation. A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the AgreementContract. C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, the Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.