License agreement draft, 7 World Trade Center, July 1997

NYC 9/11 Public Portal Document

07/25/97 17:17 CARB LURIA LLP 2126692030 NO.506 P007

governmental agency that is a party in interest in, and is seeking testimony concerning the award

of, or performance under, any transaction, agreement, License, permit, contract, or license

entered into with the City, the State, or any political subdivision thereof or any local development

corporation within the City, then;

1.3(a) The commissioner or agency head whose agencjr is a party io interest to the

transaction, submitted bid, submitted proposal, contract, License, permit, or license shall convene

a hearing, upon not less than five (S) days' written notice to the parties involved to determine if

any penalties should attach for the failure of a person to testify.

1.3(b) If any nongovernmental party to the hearing requests an adjournment, the

commissioner or agency head who convened the hearing may, upon granting the adjournment.

suspend any contract, License, permit, or license pending the final determination pursuant to

paragraph 1.5 below without the City incurring any penalty or damages for delay or otherwise.

1.4 The penalties which may attach after a final determination by the commissioner

or agency head may include but shall not exceed:

(a) The disqualification for a period not to exceed five (5) years fi-om the date of an adverse determination for any person, or any entity of which such person was a member at the time the testimony was sought, fi*om submitting bids for, or transacting business with, or entering into or obtaining any contract, License^ permit or license with or from the City; and/or

(b) The cancellation or termination of any and all such existing City contracts, Licenses, permits or licenses that the refusal to testify concerns and that have not been assigned as permitted under this agreement, nor the proceeds of which pledge^ to an unaffiliated and unrdated institutional lender for fair valtie prior to the issuance of the notice scheduling the hearing, without tlie City incurring any penalty or damages on account of such cancellation or termination; monies lawfully

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