Common use of Installation Work Clause in Contracts

Installation Work. Licensee and Trustees will, in accordance with the provisions of this Agreement and Applicable Law, cooperate reasonably and in good faith on the design, permitting, construction, interconnection, and installation of the System, including tasks related to the interconnection agreement for the System, so as to enable Licensee and/or its Affiliates, to meet their obligations under this Agreement. Licensee shall, at its sole cost and expense, design, build, install, own, maintain, and operate the System, as generally described in Rider I, in compliance with this Agreement and Applicable Law. With the exception of minor field changes, the construction and installation of the System and all related matters are subject to and shall be completed in accordance with this Agreement and Trustees’ approved System design and Construction Documents. A “minor field change” is defined as a change or deviation from Trustees’ approved System plans, System drawings, or Construction Documents that does not significantly affect the construction, installation, operation, or aesthetics of the System or materially deviate from the design, construction, installation, or operation of the System, as originally approved by Trustees. 8.1.1. Notwithstanding any provision herein to the contrary, Licensee acknowledges and agrees that all onsite labor employed for the installation work shall be paid at the then-current prevailing wage rates as established by the California Department of Industrial Relations pursuant to Section 1770 of the California Labor Code, and all on-site labor shall be paid in accordance with the provisions of Applicable Law, including, without limitation, the applicable provisions of the California Labor Code. All contractors and subcontractors performing on-site installation work must register with the Department of Industrial Relations (DIR) and obtain and maintain current registration numbers. At Trustees’ request in accordance with Applicable Law, Licensee and its contractors shall provide Trustees with payroll records for onsite labor employed in connection with the installation work. 8.1.2. Licensee, or Licensee’s contractors and subcontractors, shall be duly licensed by the California Contractors State License Board with contractor’s license, registered with the Department of Industrial Relations (DIR). 8.1.3. California law requires that state agencies achieve three percent (3%) participation for disabled veteran business enterprises (“DVBEs”). In connection with the installation work, Licensee, or Licensee’s contractors or designees, shall show good faith efforts to utilize DVBEs for contracts and subcontracts in the aggregate amount of at least three percent (3%) of the cost of all on-site labor associated with the installation work, but without including the cost of any related software, materials, and equipment that are the personal property of Licensee. Licensee, or Licensee’s contractors or designees, will identify the DVBEs that will be utilized in connection with the installation work to Trustees on forms provided by Trustees. Licensee agrees that any replacement of such identified DVBEs will require Trustees’ consent, which consent will not be unreasonably withheld, conditioned, or delayed. Failure to provide, or Licensee’s contractors or designees, to comply with its obligations in this clause may be cause for termination of this Agreement, recovery of damages under rights and remedies due Trustees, and penalties as outlined in Military and Veterans Code section 999.9 and Public Contract Code section 10115.10 or section 4110, to the extent applicable.