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C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. <br />ARTICLE 10 — FEDERAL CLAUSES <br />10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: <br />A. Compliance with the Contract Work Hours and Safety Standards Act: <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work <br />which may require or involve the employment of laborers or mechanics shall require or permit any such <br />laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty <br />hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one <br />and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set <br />forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable <br />for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in <br />the case of work done under contract for the District of Columbia or a territory, to such District or to such <br />territory), for liquidated damages. Such liquidated damages shall be computed with respect to each <br />individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth <br />in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required <br />or permitted to work in excess of the standard workweek of forty hours without payment of the overtime <br />wages required by the clause set forth in paragraph (1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon <br />written request of an authorized representative of the Department of Labor withhold or cause to be <br />withheld, from any moneys payable on account of work performed by the contractor or subcontractor under <br />any such contract or any other Federal contract with the same prime contractor, or any other federally - <br />assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same <br />prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor <br />or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph <br />(2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in <br />paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these <br />clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any <br />subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this <br />section. <br />B. Clean Air Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to <br />the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. <br />(2) The contractor agrees to report each violation to the OWNER and understands and agrees that the <br />OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency <br />Management Agency, and the appropriate Environmental Protection Agency Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in <br />whole or in part with Federal assistance provided by FEMA. <br />C. Federal Water Pollution Control Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to <br />the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. <br />0 <br />