Liquidated Damages - MWBE Participation. A. Where NYSDOT determines that the Consultant is not in compliance with the requirements of this Appendix and the Consultant refuses to comply with such requirements, or if the Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Consultant shall be obligated to pay to NYSDOT liquidated damages.
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Samples: Consultant Planning Service Agreement, www.dot.ny.gov, www.dot.ny.gov