Retain Sums as Damages for Failure to Comply with Workforce Program Specifications Sample Clauses

Retain Sums as Damages for Failure to Comply with Workforce Program Specifications. The parties mutually agree that it would be difficult, if not impossible, to assess the actual damage incurred by the Owner for the PRIME's failure to comply with the Workforce Program specifications. The parties further agree that it is difficult, if not impossible, to determine the cost to the Owner when workforce opportunities are not provided. Therefore, if the PRIME fails to comply with the Workforce Program provisions of this Contract, the PRIME agrees to pay the sum of $250 per day for each day of missed apprenticeship hours or until the breach of Contract is remedied. Damages may be assessed for failure to meet the 20% apprenticeship training requirements by the PRIME and each required subcontractor in each trade employed. Damages will be calculated based on the training hours not provided at a rate of $250 per day. For example, if the Contractor was required to provide 200 hours of xxxxxxxxx training (20% of 1,000 total xxxxxxxxx hours), and the Contractor only provided 150 training hours, then the difference (50 hours) is divided by 8 (one day of work) to determine the number of days of undelivered training. (50/8 = 6.25 x $250 = $1,562.5). Damages may also be assessed for failure to fulfill the inclusive hiring process described in Section III, subsections F and G. These damages are independent of any liquidated damages that may be assessed due to any delay in the project caused by the Contractor’s failure to comply with the Workforce Program provisions of the Contract.
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