License agreement draft, 7 World Trade Center, July 1997

NYC 9/11 Public Portal Document

07/25/97 17:10 CARB LURIA LLP 2126692030 NO.506 P008

due for goods delivered, work done, rentals, or fees accrued prior to the cancellation or termination shall be paid by the City.

1.5 The commissioner or agency head shall consider and address in reaching his or

her determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b)

below. He or she may also consider, if relevant and appropriate, the criteria established in

paragraphs (c) and (d) below tn addition to any other information which may be relevant and

appropriate:

(a) The party’s good &th endeavors or lack thereof to cooperate fiilly and faithfully with any governmental investigation or audit, including but not limited to the discipline, discharge, or disassociation of any person filing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought.

(b) The relationship of the person who refused to testify to any entity that is a party to the hearing, inducting, but not limited to, whether the person whose testimony is sought has an ownership inta*est in the entity and/or the degree of authority and responsibility^ the person has within the entity.

(c) The nexus of the testimony sought to the subject entity and its contracts, Licenses, permits or licenses with the City.

(d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in an entity subject to penalties under 1.4 ^ve, provided that the party or entity has given actual notice to the commissioner or agency head upon the acquisition of the interest, or at the hearing called for in 1.3(a) above gives notice and proves that such interest was previously acquired. Under either circumstance the party or entity must present evidence at the hearing demonstrating the potential adverse impact a penalty will have on such person or entity.

1.6{a) The tenn "license* or "permit” as used herein shall be defined as a license,

pemut, fianchise or concession not granted as a matter of right.

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