Common use of Initial Provisions Clause in Contracts

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by Contra Costa Electric, Inc. (“Primary Employer”), Operating Engineers Local 12, Southwest Regional Council of Carpenters, Southern California District Council of Laborers and its affiliated Laborers Local 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement (the “Unions”). 1.2 The Iris Solar Cluster Project (the “Project”) is an approximately 360 MW photovoltaic solar power plant located on four non-contiguous parcels in Imperial County, California. The Project is owned by 85JP 8ME LLC (“Owner”). It is understood and agreed by and between the Parties to this Agreement that the final plans for the Project may be subject to modifications and approval by those public agencies possessing lawful approval authority over the Project and that this Agreement applies to the Project as it is finally approved by such entities and agencies and only to the Project. 1.3 Primary Employer is an employer primarily engaged in the construction industry and has the authority to enter into this agreement. 1.4 As provided below, all construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Article 2), or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Agreement to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 The Unions are labor organizations whose members are construction industry employees. The Unions are party to multi-employer collective bargaining agreements (“Master Agreement”) applicable to employers working within the geographic jurisdiction. 1.6 A large labor pool represented by the Unions will be required to execute the Covered Work involved in the Project. Employers wish and it is the purpose of this Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions. 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by Contra Costa ElectricVikings Energy Farm, Inc. LLC (“Primary Employer” or “Owner”), Operating Engineers Local 12, Southwest Regional Council of Carpenters, Southern California District Council of Laborers and its affiliated Laborers Local Union 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement (the “Unions”). 1.2 The Iris Vikings Solar Cluster Energy and Storage Project (the “Project”) is an approximately 360 a 100 MW photovoltaic solar power plant and 150 MW electricity storage facility located on four non-contiguous parcels in Imperial County, California. The Project is owned by 85JP 8ME LLC (“Owner”). It is understood and agreed by and between the Parties to this Agreement that the final plans for the Project may be subject to modifications and approval by those public agencies possessing lawful approval authority over the Project and that this Agreement applies to the Project as it is finally approved by such entities and agencies and only to the Project. 1.3 Primary Employer is an employer primarily engaged constructs, operates and maintains solar generation facilities. Primary Employer will control labor relations on the Project by entering into this Agreement, which establishes the terms and conditions of employment for employees performing Covered Work (as defined in Section 2.1) on the Project and, consistent with its normal and customary practice, will act as the general contractor on the Project and will make all decisions within the scope of the general contractor’s authority. Primary Employer regularly employ employees in the building and construction industry trades on their construction projects and has Primary Employer expressly reserves the authority right to enter into directly perform Covered Work (as defined in Section 2.1) on this agreementProject with its own employees, who will be subject to the terms and conditions of employment set forth in this Agreement in the performance of such Covered Work. 1.4 As provided below, all construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Article 2), or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Agreement to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 The Unions are labor organizations whose members are construction industry employees. The Unions are party to multi-employer collective bargaining agreements (“Master Agreement”) applicable to employers working within the geographic jurisdiction. 1.6 A large labor pool represented by the Unions will be required to execute the Covered Work involved in the Project. Employers wish and it is the purpose of this Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions. 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by Contra Costa ElectricDEPCOM California, Inc. (“Primary Employer”), Operating Engineers Local 12, Southwest Regional Council of Carpenters, Southern California District Council of Laborers and its affiliated Laborers Local Union 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement (the “Unions”). 1.2 The Iris Citizens Imperial Solar Cluster Project (the “Project”) is an approximately 360 30 MW photovoltaic solar power plant and any associated electricity storage facilities located on four non-contiguous parcels in Imperial County, California. The Project is owned by 85JP 8ME Citizens Imperial Solar, LLC (“Owner”). The Owner and the Owner’s parents, affiliates, or subsidiaries, are not a party to this Agreement and are not bound by any article or provision of this Agreement. It is understood and agreed by and between the Parties to this Agreement that the final plans for the Project may be subject to modifications and approval by those public agencies possessing lawful approval authority over the Project Project, and may be modified by the Owner (including, but not limited to, modifications to reduce overall costs), and that this Agreement applies to the Project as it is finally approved and modified by such entities and entities, agencies and only to the Projectand/or Owner. 1.3 Primary Employer is an employer primarily engaged constructs, operates and maintains solar generation facilities. Primary Employer will control labor relations on the Project by entering into this Agreement, which establishes the terms and conditions of employment for employees performing Covered Work (as defined in Section 2.1) on the Project and, consistent with its normal and customary practice, will act as the general contractor on the Project and will make all decisions within the scope of the general contractor’s authority. Primary Employer regularly employ employees in the building and construction industry trades on their construction projects and has Primary Employer expressly reserves the authority right to enter into directly perform Covered Work (as defined in Section 2.1) on this agreementProject with its own employees, who will be subject to the terms and conditions of employment set forth in this Agreement in the performance of such Covered Work. 1.4 As provided below, all construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Article 2), or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Agreement to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). This Agreement shall not bind or apply to any parents, affiliates or subsidiaries of any Employer. Each separate Employer shall be liable for its own breach of this Agreement. 1.5 The Unions are labor organizations whose members are construction industry employees. The Unions are party to multi-employer collective bargaining agreements (“Master Agreement”) applicable to employers working within the geographic jurisdiction. 1.6 A large labor pool represented by the Unions will be required to execute the Covered Work involved in the Project. Employers wish and it is the purpose of this Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions. 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by Contra Costa Electric, Inc. National Community Renaissance of California (“Primary Employer”), Operating Engineers Local 12, Southwest Regional and the San Diego County Building & Construction Trades Council of Carpenters, Southern California District Council of Laborers (“Council”) and its affiliated Laborers Local 1184, IBEW Local 569, and Ironworkers Local 229 who local unions that have executed this Agreement (Agreement, all of whom are referred to collectively as the “Unions.”). 1.2 The Iris Solar Cluster MTS Palm City Village Project consists of the construction of Palm Avenue Transit-Oriented Development (the “Project”) is an approximately 360 MW photovoltaic solar power plant located on four non-contiguous parcels in Imperial County, California). The Project is owned by 85JP 8ME LLC will be constructed on an approximately four-acre site located at the Palm Avenue Trolley Station in the Palm City area of San Diego County, California (the “Project Real Property”). National Community Renaissance (“Owner”)) is leasing the Project Real Property from the San Diego Metropolitan Transit System (“MTS”) and controls the site at which the Project will be constructed. It is understood and agreed by and between the Parties parties to this Agreement that the final plans for the Project may be subject to design changes and modifications and or may be revised as a result of the approval by those public agencies possessing lawful approval authority over the Project Project, and that this Agreement applies to the Project as it is finally approved by such entities and agencies and only to the Projectagencies. 1.3 Primary Employer is an employer a contractor primarily engaged in the building and construction industry and industry. Primary Employer has been authorized by the authority Owner to enter into this agreementAgreement with respect to the Project. 1.4 As provided below, all project managers, construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Article 2Section 2.1), or authorizing another party to assign, award or subcontract Covered Work, or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Employer Agreement to be To Be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 This Agreement shall be binding only with respect to this Project and only on the Employer entities executing this Agreement. It shall not apply to their respective parents, affiliates or subsidiaries. 1.6 The Unions are labor organizations whose members are construction industry employeesemployees who generally work in close proximity to one another at construction job sites and whose jobs are closely related and coordinated. The Each of the Unions are is a party to multi-employer a multiemployer collective bargaining agreements agreement (“Master Agreement” or “Master Labor Agreement”) applicable to employers working within that covers the geographic jurisdictionarea of the Project. Where the term Master Agreement or Master Labor Agreement is used, it refers to the local area construction master collective bargaining agreements currently in effect and negotiated and executed from time to time by (i) licensed construction contractors and their applicable multiemployer associations and (ii) Local Unions having jurisdiction over Covered Work. If there is a conflict between this Agreement and any Master Agreement, then the provisions of this Agreement shall control. 1.6 1.7 A large labor pool represented by the Unions will be required to execute the Covered Work work involved in the Project. Employers wish wish, and it is the purpose of this Agreement Agreement, to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. . 1.8 In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditionsconditions and to protect the Project against strikes and lockouts and other interference with the process of the work. 1.7 1.9 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the Primary Employer, Employers and with other construction employers engaged on management of the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.