Construction, Etc Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement shall be deemed to be a part hereof.
Construction of the Tenant Improvements Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.
Construction Work The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Construction of Tenant Improvements After the Landlord and Ground Lessor (in accordance with Paragraph 12 hereof) approve Tenant’s Plans and Tenant receives any necessary building permits, Tenant shall administer and diligently prosecute the construction of Tenant Improvements in accordance with Tenant’s Plans, in compliance with applicable Laws, and using building standard material, subject to Landlord’s right, at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall be constructed by Tenant’s Contractor (and/or its subcontractors), and Tenant shall be responsible for project management with respect to construction of the Tenant Improvements. During construction of the Tenant Improvements, Tenant and its contractors and subcontractors (i) shall not interfere with the access to, use of, or business conducted within any other portions of the Project by other tenants or occupants, (ii) shall use diligent efforts to coordinate the timing of work, deliveries and other construction matters with tenants or occupants of the Project that could be adversely impacted by such work, deliveries and construction matters, including, without limitation, by scheduling work CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any required shutdown of utilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall not be charged any construction management fee for Landlord’s review of Tenant’s Plans or any oversight of the construction of the Tenant Improvements.
Construction Change Directives 7.3.1 A Construction Change Directive is written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum, or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusting accordingly.
Construction of the Improvements Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.
Construction of the Project The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment/ Plot and accepted the floor plan, payment plan and the specification, amenities and facilities annexed along with this Agreement which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, FAR, and density norms and provisions prescribed by the relevant building bye-laws and shall not have an option to make any variation/ alteration/ modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of this Agreement.
Construction Activities Please list all major construction activities, both planned and completed, to be performed by Seller or the EPC Contractor. Activity EPC Contractor / Subcontractor Completion Date __/__/____ (expected / actual) __/__/____ (expected / actual)
Contract Database Metadata Elements Title: Spencerport Central School District and Spencerport Paraprofessional Association, New York State United Teachers (NYSUT), American Federation of Teachers (AFT), AFL-CIO (2015) Employer Name: Spencerport Central School District Union: Spencerport Paraprofessional Association, New York State United Teachers (NYSUT), American Federation of Teachers (AFT), AFL-CIO Local: Effective Date: 07/01/2015 Expiration Date: 06/30/2018 PERB ID Number: 6253 Unit Size: Number of Pages: 27 For additional research information and assistance, please visit the Research page of the Catherwood website - xxxx://xxx.xxx.xxxxxxx.xxx/library/research/ For additional information on the ILR School - xxxx://xxx.xxx.xxxxxxx.xxx/ AGREEMENT between the SUPERINTENDENT OF SCHOOLS SPENCERPORT CENTRAL SCHOOL DISTRICT Town of Ogden, Gates, Greece and Parma and SPENCERPORT PARAPROFESSIONAL ASSOCIATION July 1, 2015 - June 30, 2018 TABLE OF CONTENTS ARTICLE PAGE PREAMBLE 1 RECOGNITION 1 ELIGIBLITY FOR BENEFITS 1 ARTICLE 1 DUES DEDUCTION 2 ARTICLE 2 SICK LEAVE 2 ARTICLE 3 PERSONAL LEAVE 3 ARTICLE 4 ILLNESS IN FAMILY 4 ARTICLE 5 FAMILY MEDICAL LEAVE ACT 4 ARTICLE 6 HEALTH INSURANCE 5 ARTICLE 7 WORKER'S COMPENSATION 8 ARTICLE 8 BEREAVEMENT 9 ARTICLE 9 SNOW DAYS AND EMERGENCY CLOSING 9 ARTICLE 10 JURY DUTY 9 ARTICLE 1 WORK YEAR 9 ARTICLE 12 EXTRA HOURS WORKED 10 ARTICLE 13 1:1 AIDES 10 ARTICLE 14 LUNCH & BREAKS 10 ARTICLE 15 LONGEVITY 10 ARTICLE 16 PAID HOLIDAYS 1 ARTICLE 17 SALARY 12 ARTICLE 18 UNUSED SICK DAYS AT RETIREMENT 14 ARTICLE 19 GRIEVANCE PROCEDURE 15 ARTICLE 20 UNPAID LEAVE OF ABSENCE 17 ARTICLE 21 SENIORITY, ASSIGNMENT, AND LAYOFF 18 ARTICLE 22 VACANCY NOTIFICATIONS 20 ARTICLE 23 CREDIT FOR IN-SERVICE COURSES 20 ARTICLE 24 PROBATIONARY PERIOD 21 ARTICLE 25 FLEXIBLE SPENDING ACCOUNT 21 ARTICLE 26 ATTENDANCE INCENTIVE 21 ARTICLE 27 PERSONNEL FILES 22 ARTICLE 28 EVALUATIONS 22 ARTICLE 29 EARLY DISMISSAL - i - 22 ARTICLE 30 DIRECT DEPOSIT 23 ARTICLE 31 PAYROLL DEDUCTION 23 ARTICLE 32 PAYROLL DISTRIUBTION 23 ARTICLE 33 CONFORMITY OF LAW 23 ARTICLE 34 CHAPERONING AND PROCTORING 23 ARTICLE 35 BUS ATTENDANTS 24 ARTICLE 36 DURATION OF AGREEMENT 24 P R E A M B L E The Spencerport Central School District and the Spencerport Paraprofessional Association desire to enter into the agreement in order to effectuate the provisions of the Public Employees' Fair Employment Act and to encourage and increase the effective and harmonious work relationship between the district and the paraprofessionals who comprise the unit members within the bargaining unit represented by the association. The association hereby reaffirms that it will not engage in any strike, or cause, instigate, encourage, assist or condone any strike. The district recognizes the right of these unit members to organize and to bargain collectively through the association on such matters as salaries, hours and other terms and conditions of employment. The agreement is made and entered into on the 23rd day of June, 2015, by and between the Superintendent of Schools, SPENCERPORT CENTRAL SCHOOL DISTRICT, Spencerport, New York, hereinafter referred to as the "district," and the unit members of this unit of aforementioned school district, represented by the SPENCERPORT PARAPROFESSIONAL ASSOCIATION, hereinafter referred to as the "association." RECOGNITION Pursuant to the New York State Public Employees Fair Employment Act, the Board of Education of Spencerport Central School District has recognized the Spencerport Paraprofessional Association, hereinafter referred to as "association," as the exclusive negotiating representative for all Accompanists, Bus Attendants, Licensed Practical Nurses, Microcomputer Maintenance Technicians, School Aides and Teacher Aides employed by said district. ELIGIBILITY FOR BENEFITS All unit members employed by the District on June 30, 2000, while serving in a 27.5 (or more) hours per week position, will be considered as “full time” and will receive all of the benefits of unit members working 30 or more hours per week as detailed in Articles 2, 3, 4, 6, and 12 of this agreement. All unit members hired after June 30, 2000 are eligible for all of the benefits as detailed in Articles 2, 3, 4, 6, and 12 of this agreement and considered “full time” when serving in a 30 (or more) hours per week position. Any unit member hired after July 1, 2000 in a 30 (or more) hours per week capacity who is involuntarily reduced to at least 27.5 hours per week will receive the benefits associated with “full time” employment (Articles 2, 3, 4, 6, and 12). Spencerport Paraprofessional Association - 1 - July 1, 2012 - June 30, 2015
Construction materials (1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) do not apply to Recovery Act designated country manufactured construction material. The restrictions of the Buy American statute do not apply to designated country unmanufactured construction material. Consistent with U.S. obligations under international agreements, this clause implements--
