Common use of Prevailing Wage Laws Clause in Contracts

Prevailing Wage Laws. Developer shall carry out the construction of the Improvements and the overall development of the Agency Parcels in conformity with all applicable federal, state and local labor laws and regulations, including, without limitation, as applicable, the requirements to pay prevailing wages under federal law (the ▇▇▇▇▇-▇▇▇▇▇ Act, 40 U.S.C. Section 3141, et eq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇-▇▇▇▇▇”)) and California law (Labor Code Section 1720, et eq.). The parties acknowledge that selling the Agency Parcels for the Purchase Price will trigger a requirement to pay prevailing wages and comply with applicable state and federal prevailing wage laws and regulations. Developer shall be solely responsible, expressly or impliedly, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, labor laws and standards, and the Agency makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the Project or part thereof, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Agency has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its Contractor or any subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call for bids or otherwise, that the work and construction undertaken pursuant to this Agreement is (or is not) a “public work,” as defined in Section 1720 of the Labor Code or under ▇▇▇▇▇-▇▇▇▇▇. Developer knowingly and voluntarily agrees that Developer shall have the obligation to provide any and all disclosures or identifications as required by Labor Code Section1781 and/or by ▇▇▇▇▇-▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to Agency) and hold harmless the Indemnitees, with counsel reasonably acceptable to Agency, and their elected and appointed public officials, employees and agents, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Developer of any applicable local, state and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or by ▇▇▇▇▇-▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation; and/or (iii) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781 and/or by ▇▇▇▇▇-▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. It is agreed by the Parties that, in connection with the development and construction (as defined by applicable law or regulation) of each Phase of the Project, including, without limitation, any and all public works (as defined by applicable law or regulation), Developer shall bear all risks of payment or non-payment of prevailing wages under applicable federal, state and local law or regulation and/or the implementation of Labor Code Section 1781 and/or by ▇▇▇▇▇-▇▇▇▇▇, as the same may be amended from time to time, and/or any other similar law or regulation. “Increased costs,” as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Project by Developer.

Prevailing Wage Laws. Developer shall carry out the construction Rehabilitation through completion of the Improvements Project and the overall development of the Agency Parcels Site in conformity with all applicable federal, state and local labor laws and regulations, including, including without limitation, as if and to the extent applicable, the requirements to pay prevailing wages under federal law (the ▇▇▇▇▇-▇▇▇▇▇ Act, Bacon Act (40 U.S.C. Section 3141, 3141 et eqseq.), and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “―▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇▇”‖)) and, if and to the extent applicable, California law (Labor Code Section 1720, 1720 et eqseq.). The parties acknowledge that selling the Agency Parcels for the Purchase Price will trigger a requirement to pay prevailing wages and comply with applicable state and federal prevailing wage laws and regulations. Developer shall be solely responsible, expressly or impliedly, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, labor laws and standards, and the Agency Authority makes no representationrepresentations, either legally and/or or financially, as to the applicability or non-applicability of any federal, state and or local laws to the Project or any part thereof, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Agency Authority has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its Contractor or any subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call for bids or otherwise, that the work and construction undertaken pursuant to this Agreement is (or is not) a “public work,” ―public work,‖ as defined in Section 1720 of the Labor Code or under ▇▇▇▇▇-▇▇▇▇▇▇ Bacon. Developer knowingly and voluntarily agrees that Developer shall have the obligation to provide any and all disclosures or identifications as required by Labor Code Section1781 Section 1781 and/or by ▇▇▇▇▇-▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to AgencyAuthority) and hold harmless the Indemnitees, with counsel reasonably acceptable to AgencyAuthority, and their elected and appointed public officials, employees and agents, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” ―increased costs‖ (including reasonable attorneys’ attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the Rehabilitation, development, construction (as defined by applicable law) and/or operation of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: : (i) the noncompliance by Developer of any applicable local, state and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or by ▇▇▇▇▇-▇▇▇▇▇▇ Bacon, as the same may be amended from time to time, or any other similar law or regulation; and/or (iii) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781 and/or by ▇▇▇▇▇-▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. It is agreed by the Parties parties that, in connection with the development and construction (as defined by applicable law or regulation) of each Phase of the Project, including, without limitation, any and all public works (as defined by applicable law or regulation), Developer shall bear all risks of payment or non-payment of prevailing wages under applicable federal, state and local law or regulation and/or the implementation of Labor Code Section 1781 and/or by ▇▇▇▇▇-▇▇▇▇▇▇ Bacon, as the same may be amended from time to time, and/or any other similar law or regulation. “Increased costs,” ―Increased costs,‖ as used in this SectionSection 1304.1, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction Rehabilitation and development of the Project by Developer.

Prevailing Wage Laws. Developer shall carry out the construction Rehabilitation through completion of the Improvements Project and the overall development of the Agency Parcels Site in conformity with all applicable federal, state and local labor laws and regulations, including, including without limitation, as if and to the extent applicable, the requirements to pay prevailing wages under federal law (the ▇▇▇▇▇-▇▇▇▇▇ Bacon Act, 40 U.S.C. Section 3141, et eqseq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇-▇ ▇▇▇▇▇”)) and, if and to the extent applicable, California law (Labor Code Section 1720, et eqseq.). The parties acknowledge that selling the Agency Parcels for the Purchase Price will trigger a requirement to pay prevailing wages and comply with applicable state and federal prevailing wage laws and regulations. Developer shall be solely responsible, expressly or impliedly, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, labor laws and standards, and the Agency makes no representationrepresentations, either legally and/or or financially, as to the applicability or non-applicability of any federal, state and or local laws to the Project or any part thereof, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Agency has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its Contractor or any subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call for bids or otherwise, that the work and construction undertaken pursuant to this Agreement is (or is not) a “public work,” as defined in Section 1720 of the Labor Code or under ▇▇▇▇▇-▇▇▇▇▇▇ Bacon. Developer knowingly and voluntarily agrees that Developer shall have the obligation to provide any and all disclosures or identifications as required by Labor Code Section1781 Section 1781 and/or by ▇▇▇▇▇-▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to Agency) and hold harmless the Indemnitees, with counsel reasonably acceptable to Agency, and their elected and appointed public officials, employees and agents, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the Rehabilitation, development, construction (as defined by applicable law) and/or operation of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Developer of any applicable local, state and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or by ▇▇▇▇▇-▇▇▇▇▇▇ Bacon, as the same may be amended from time to time, or any other similar law or regulation; and/or (iii) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781 and/or by ▇▇▇▇▇-▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. It is agreed by the Parties parties that, in connection with the development and construction (as defined by applicable law or regulation) of each Phase of the Project, including, without limitation, any and all public works (as defined by applicable law or regulation), Developer shall bear all risks of payment or non-payment of prevailing wages under applicable federal, state and local law or regulation and/or the implementation of Labor Code Section 1781 and/or by ▇▇▇▇▇-▇▇▇▇▇▇ Bacon, as the same may be amended from time to time, and/or any other similar law or regulation. “Increased costs,” as used in this SectionSection 1304.1, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction Rehabilitation and development of the Project by Developer.