Liquidated Damages - MWBE Participation. A. Where the Fund determines that Consultant is not in compliance with the requirements of the Agreement and refuses to comply with such requirements, or if Consultant is found to have willfully and intentionally failed to comply with the MWBE Agreement Goals, Consultant shall be obligated to pay liquidated damages to the Fund. B. Such liquidated damages shall be calculated as an amount equaling the difference between: i. All sums identified for payment to MWBEs had the Consultant achieved the contractual MWBE goals; and ii. 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 Fund, Consultant shall pay such liquidated damages to the Fund within sixty (60) days after they are assessed. Provided, however if the Consultant has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to 5 NYCRR §142.12, the liquidated damages shall be payable only in the event of a determination adverse to the Consultant following the complaint process.
Appears in 4 contracts
Samples: Consultant Agreement, Program Study Agreement, Consultant Agreement
