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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />50. <br /> <br />51. <br /> <br />52. <br /> <br />Suspension of Work <br /> <br />Shoul d the Owner be prevented or enj oi ned from proceedi ng wi th work <br />ei ther before or after the start of constructi on by reason of any <br />litigation or other reason beyond the control of the Owner, the <br />Contractor shall not be entitled to make or assert claim for damage <br />by reason of said delay; but time for completion of the work will be <br />extended to such delay with such time as the Owner may determine will <br />compensate for time lost by such delay with such determination to be <br />set forth in writing. <br /> <br />Minimum Wage Rate for Laborers and Mechanics <br /> <br />All laborers and mechanics employed upon the work covered by this <br />Contract shall be pai d uncondi ti onally and not 1 ess often than once <br />each week, and without subsequent deduction or rebate on any account <br />(except such payroll deductions as are made mandatory by law and such <br />other payroll deducti ons as are penni tted by the appl i cabl e regul a- <br />tions issued by the Secretary of Labor, United States Department of <br />Labor, pursuant to the Anti-Kickback Act hereinafter identified), the <br />full amount due at time of payment computed at wage rates not 1 ess <br />than those contained in the wage detennination decision of said <br />Secretary of Labor (a copy of which is attached and herein incorpo- <br />rated to reference), regardless of any contractual relationship which <br />may be alleged to exist between the Contractor or any subcontractor <br />and such laborers and mechanics. All laborers and mechanics employed <br />upon such work shall be paid in cash, except that payment may be by <br />check if the employer provides or secures satisfactory facil ities <br />approved by the Local Publ ic Agency for the cashing, of the same with- <br />out cost of expense to the employee. For the purpose of this clause, <br />contributions made or costs reasonably anticipated under Section l(b) <br />(2) of the Davi s-Bacon Act on behalf of 1 aborers or mechani cs are <br />consi dered wages pai d to such 1 aborers or mechanics, subject to the <br />provisions of Section 5.5(a)(1 )(iv) of Title 29, Code of Federal <br />Regulations. Al so for the purpose of this clause, regular contribu- <br />tions made or costs incurred for more than a weekly period under <br />plans, funds, or programs, but covering the particular weekly period, <br />are deemed to be constructively made or incurred during such weekly <br />period. <br /> <br />Underpayments of Wages or Salaries <br /> <br />In case of underpayment of wages by the Contractor or by any subcon- <br />tractor to laborers or mechanics employed by the Contractor or sub- <br />contractor upon the work covered by this Contract, the Local Publ ic <br />Agency or in addition to such other rights as may be afforded it <br />under this Contract shall withhold from the Contractor, out of any <br />payments due the Contractor, so much thereof as the Local Public <br />Agency may consider necessary to pay such laborers or mechanics the <br />full amount of wages required by this Contract. The amount so with- <br />hel d may be di sbursed by the Local Pub 1 i c Agency for and on account <br />of the Contractor or the subcontractor (as may be appropriate), to <br />the respecti ve 1 aborers or mechani cs to whom the same is due or on <br />their behalf to plans, funds, or programs for any type of fringe bene- <br />fit prescribed in the applicable wage detennination. <br /> <br />VIII-H-19 <br />