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. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate 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
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Remedies for Willful Violation. (a) STATE The 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 APPLICANT 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 the APPLICANT has violated the Fair Employment Practices Act and had issued an order order, under Labor Code section 1426 Section 1426, which has become final final, or has obtained an injunction under Labor Code section Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder hereunder shall be borne and paid for by ADMINISTERING AGENCY APPLICANT and by the surety under the performance bond, if any, and STATE may deduct from any moneys duedue or the thereafter may become due to APPLICANT, the difference between the price named in the Agreement and the actual cost thereof to STATE.
Appears in 1 contract
Samples: Applicant State Agreement