Common use of Remedies for Willful Violation Clause in Contracts

Remedies for Willful Violation. (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. MTC/City of Livermore Master Funding Agreement (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the applicable Supplement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY’s breach of the applicable Supplement. MTC/City of Livermore Master Funding Agreement EXHIBIT B-3 ATTACHMENT B NONDISCRIMINATION ASSURANCES AGENCY XXXXXX AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

Remedies for Willful Violation. (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. MTC/City of Livermore Master Funding Agreement (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the applicable Supplement this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY’s 's breach of the applicable Supplementthis Agreement. MTC/City of Livermore Master Funding Agreement EXHIBIT B-3 ATTACHMENT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY XXXXXX HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, . it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252Xxxx 000, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 00 X.X.X. 0000x-00 X.X.X. 0000x-0 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” ° (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, . or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY shall will promptly take any measures necessary to effectuate the applicable Supplementthis agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

Remedies for Willful Violation. (a) STATE The AGENCY may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgment to having that effect from a court in an action to which AGENCY Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Practices Commission that it has investigated and determined that AGENCY the Contractor has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 1426, which has become final or has obtained an injunction under Labor Code Section 1429. MTC/City of Livermore Master Funding Agreement (b) For willful violation of this Fair Employment ProvisionPractices provision, STATE the AGENCY shall have the right to terminate the applicable Supplement this Agreement either in whole or in part, and any loss or damage sustained by STATE the AGENCY in securing the goods or services thereunder hereunder shall be borne and paid for by AGENCY the Contractor and by the his surety under the performance bond, if any, and STATE the AGENCY may deduct from any moneys due or that thereafter may become due to AGENCYthe Contractor, the difference between the price named in the Agreement contract and the actual cost thereof to STATE to cure the AGENCY’s breach . * See Labor Code Sections 1411 – 1432.5 for additional details. APPENDIX V NATIONAL RAILROAD PASSENGER CORPORATION and AGENCY AGREEMENT DATED 1 OCTOBER 2012 FOR THE PROVISION OF RAIL PASSENGER SERVICE FISCAL YEAR 2013 October 1, 2012 – September 30, 2013 (Effective October 1, 2012) On-Time Performance Standards Method of Measurement Train performance (running time) will be measured in both directions daily for each scheduled train. Actual individual train running times will be recorded between the initial terminal and the final destination (terminal point) of each train. Performance Calculation Except as noted below, actual running times will be measured against the scheduled running times as described in the published TRAIN(S)timetables. During each calendar month, records will be kept by AGENCY of the applicable Supplementon-time performance of each TRAIN(S)train. MTC/City of Livermore Master Funding Agreement EXHIBIT B-3 ATTACHMENT B NONDISCRIMINATION ASSURANCES AGENCY XXXXXX AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, Certain trips may be excluded from participation inthis calculation based on the section entitled “Delays Excluding Trains from Calculation”. Except as noted below, the current TRAIN(S)timetable will serve as the source against which actual departure and arrival times will be denied the benefits of, or be otherwise subjected compared for purposes of on-time performance calculation. Relievable Delays to discrimination under any program or activity Trains Relievable delays are those for which AGENCY Amtrak receives federal financial assistance from the Federal Department an allowance in on-time performance for a specific train for a documented number of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary minutes directly related to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) one of the REGULATIONS. More specifically, and without limiting the above causes below: A general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:RECOVERY TOLERANCE of ten (10) minutes.

Remedies for Willful Violation. (a) STATE The CCJPA may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgment to having that effect from a court in an action to which AGENCY Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Practices Commission that it has investigated and determined that AGENCY the Contractor has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 1426, which has become final or has obtained an injunction under Labor Code Section 1429. MTC/City of Livermore Master Funding Agreement (b) For willful violation of this Fair Employment ProvisionPractices provision, STATE the CCJPA shall have the right to terminate the applicable Supplement this Agreement either in whole or in part, and any loss or damage sustained by STATE the CCJPA in securing the goods or services thereunder hereunder shall be borne and paid for by AGENCY the Contractor and by the his surety under the performance bond, if any, and STATE the CCJPA may deduct from any moneys due or that thereafter may become due to AGENCYthe Contractor, the difference between the price named in the Agreement contract and the actual cost thereof to STATE to cure AGENCY’s breach the CCJPA. * See Labor Code Sections 1411 – 1432.5 for additional details. APPENDIX V NATIONAL RAILROAD PASSENGER CORPORATION and CAPITOL CORRIDOR JOINT POWERS AUTHORITY AGREEMENT DATED 1 OCTOBER 2014 FOR THE PROVISION OF RAIL PASSENGER SERVICE FISCAL YEAR 2015 October 1, 2014 – September 30, 2015 (Effective October 1, 2014) On-Time Performance Standards Comment [RM1]: TBD – PENDING RESULTS OF THE PERFORMANCE STANDARDS WORKING GROUP. Method of Measurement Train performance (running time) will be measured in both directions daily for each scheduled train. Actual individual train running times will be recorded between the initial terminal and the final destination (terminal point) of each train. Performance Calculation Except as noted below, actual running times will be measured against the scheduled running times as described in the published Capitol Corridor timetables. During each calendar month, records will be kept by CCJPA of the applicable Supplementon-time performance of each Capitol Corridor train. MTC/City of Livermore Master Funding Agreement EXHIBIT B-3 ATTACHMENT B NONDISCRIMINATION ASSURANCES AGENCY XXXXXX AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, Certain trips may be excluded from participation inthis calculation based on the section entitled “Delays Excluding Trains from Calculation”. Except as noted below, the current Capitol Corridor timetable will serve as the source against which actual departure and arrival times will be denied the benefits of, or be otherwise subjected compared for purposes of on-time performance calculation. Relievable Delays to discrimination under any program or activity Trains Relievable delays are those for which AGENCY Amtrak receives federal financial assistance from the Federal Department an allowance in on-time performance for a specific train for a documented number of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary minutes directly related to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) one of the REGULATIONS. More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Programcauses below: