Letter enclosing Comptroller Order and Determination, June 2014

NYC 9/11 Public Portal Document

currently withheld by the Comptroller pursuant to Labor Law § 220-b (2-b) on the Contracts. National relinquishes all claims to $435,666.72 of the total amount withheld under the Comptroller’s withholding on the Contracts and agrees that the Comptroller will apply the

$435,666.72 to the underpayments of wages, supplements and interest owed to the employees

and to the civil penalty owed to the Cify of New York, as set forth in the attached Summary of Underpayment. National represents that the fitnds withheld on the Contracts are free from any

other claims and any potential claims of trust beneficiaries pursuant to Lien Law Article 3-A, and

agree to indemnify and hold the Comptroller and die City of New York harmless against such

claims for the full amount of the withheld funds of $435,666.72. Upon receipt of the payment in full, the Comptroller shall request the release of all funds over and above the $435,666.72 withheld from National on this matter on the Contracts pursuant to Section 220-b of the New

York State Labor Law. 5. If, for any reason, the withheld funds on the Contract are insufficient or

unavailable to satisfy National’s total liability to the Comptroller of $435,666.72, then National agrees to pay the remainder by certified or cashier’s check payable to the “New York City Comptroller” within 30 days of receiving written notice from the Comptroller that the funds did

not satisfy their total liability. If payment in full is not received within 30 days, National shall owe additional interest to each employee listed in the attached Summary of Underpayment at the rate of sixteen percent per annum on the full amount of die underpayment from November 7, 2012 until the date of payment.

6. Upon receipt by the Comptroller of payment in full as set forth In Paragraph 3,

National shall have no further liability to the Comptroller under Article 8 of the New York State

Labor Law regarding work performed by the employees listed in the attached Summary of Underpayment pursuant to the Contracts.

3

NYC-WTC_000159229