License Agreement draft, 7 World Trade Center, July 1997

NYC 9/11 Public Portal Document

suspend any contract, License, permit, or license pending the final detominatinn pursuant to paragraph 1.5 below without the City incurring any penalty or damages for delay ui otlienvise. 14 The penalties which may attach after a final determination by the commissioner or agency head may include but shall not exceed;

(a) The disqualificatiun for a period not to exceed five (5) years from the date of an adverse determination for any person, or any entity of which such person was a member at the tune the testimony was sought, from 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) Th e cancellation or tennination of any and all such existing City contfsets, 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 pledg^, to an unafliliated and unj'elated institutional lender for feir v^e prior to the issuance of the notice scheduling the hearing, without the City incurring any penalty or damages on aeeount of such cancellation or tenniiuoion; monies lawfolly due for goods delivered, work done, rentals, or foes accrued prior to the caitceQation 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 fe) g and (d) below in addition to any other information wluch may be relevant and

appropriate; (•) The party's good fidth endeavors or lack thereof to cooperate folly and faitliftilly with any governmental investigation or audit, including but not limited to the discipline, discharge, or disassociation of any person foiling to testify, the production of accurate and complete bunks and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought.

14 Al\7WTL1C3.HTD

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