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3q - <br />guards, employed in violation of the clause set forth in subpara- <br />graph (1) of this paragraph, in the sum of $10 for each calendar <br />day on which such individual was required or permitted to work <br />in excess of the standard workweek of forty hours without <br />payment of the overtime wages required by the clause set forth <br />in subparagraph (1) of this paragraph. <br />(3) Withholding for unpaid wages and liquidated damages. HUD or <br />its designee shall upon its own action or upon written request of <br />an authorized representative of the Department of Labor with- <br />hold or cause to be withheld, from any monies payable on <br />account of work performed by the contractor or subcontractor <br />under any such contract or any other Federal contract with the <br />same prime contractor, or any other Federally - assisted contract <br />subject to the Contract Work Hours and Safety Standards Act, <br />which is held by the same prime contractor such sums as may be <br />determined to be necessary to satisfy any liabilities of such <br />contractor or subcontractor for unpaid wages and liquidated <br />damages as provided in the clause set forth in subparagraph (2) <br />of this paragraph. <br />(4) Subcontractors. The contractor or subcontractor shall insert in <br />any subcontracts the clauses set forth in subparagraph (1) <br />through (4) of this paragraph and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcon- <br />tracts. The prime contractor shall be responsible for compliance <br />by any subcontractor or lower tier subcontractor with the clauses <br />set forth in subparagraphs (1) through (4) of this paragraph. <br />2.5 -2.7 RESERVED. <br />2.8 WAGE CLAIMS AND ADJUSTMENTS. <br />The Owner shall be responsible for the correction of all violations under Section 2.4, including <br />violations committed by other contractors. In cases where there is evidence of underpayment of <br />salaries or wages to any laborers or mechanics (including apprentices and trainees) by the Owner <br />or other contractor or a failure by the Owner or other contractor to submit payrolls and related <br />reports, the Owner shall be required to place an amount in escrow, as determined by HUD <br />sufficient to pay persons employed on the work covered by the Agreement the difference be- <br />tween the salaries or wages actually paid such employees for the total number of hours worked <br />and the full amount of wages required under this Agreement, as well as an amount determined by <br />HUD to be sufficient <br />Page 15 of 16 HUD- 52531 -8 (12188) <br />ref. Handbook 7420.8 <br />