Common use of Prevailing Wage Laws Clause in Contracts

Prevailing Wage Laws. Developer shall carry out the construction through completion of Phase II and the overall development of the Site 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 seq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇-▇▇▇▇▇”)) and California law (Labor Code Section 1720, et seq.). The parties acknowledge that federal and/or state funding sources and financing scenarios may trigger compliance with applicable state and federal prevailing wage laws and regulations. The applicability of federal, state and local prevailing wage laws will be determined based upon the final financing structure and sources of funding of Phase II, as approved by Authority Executive Director pursuant to Section 3.10. 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 Authority (and City) makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to Phase II, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Authority (and City) has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its General Contractor or any subcontractor(s) for the construction or development of Phase II, 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 with respect to Phase II 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. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to Authority and City) and hold harmless the Indemnitees, 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 Phase II, 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 with 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 of ▇▇▇▇▇-▇▇▇▇▇, 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 Phase II, 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 3.9.1, 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 and development of Phase II by Developer.

Prevailing Wage Laws. Developer shall carry out the construction through completion of Phase II I and the overall development of the Site 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 seq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇-▇▇▇▇▇”)) and California law (Labor Code Section 1720, et seq.). The parties acknowledge that federal and/or state funding sources and financing scenarios may trigger compliance with applicable state and federal prevailing wage laws and regulations. The applicability of federal, state and local prevailing wage laws will be determined based upon the final financing structure and sources of funding of Phase III, as approved by Authority Executive Director pursuant to Section 3.10. 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 Authority (and City) makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to Phase III, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Authority (and City) has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its General Contractor or any subcontractor(s) for the construction or development of Phase III, 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 with respect to Phase II I 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. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to Authority and City) and hold harmless the Indemnitees, 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 development, construction (as defined by applicable law) and/or operation of Phase III, 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 with 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 of ▇▇▇▇▇-▇▇▇▇▇, 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 Phase II, 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 3.9.1, 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 and development of Phase II by Developer.and/or

Prevailing Wage Laws. Developer shall carry out the construction through completion of Phase II the Manchester Project and the Orangewood Project and the overall development of the Site 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 seq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇-▇▇▇▇▇”)) and California law (Labor Code Section 1720, et seq.). The parties acknowledge that a financing structure utilizing Project Based Section 8 vouchers will trigger a requirement to pay prevailing wages and comply with ▇▇▇▇▇-▇▇▇▇▇ and that other federal and/or state funding sources and financing scenarios may trigger compliance with applicable state and federal prevailing wage laws and regulations. The applicability of federal, state and local prevailing wage laws will be determined based upon the final financing structure and sources of funding of Phase IIeach Project, as approved by Authority Executive Director pursuant to Section 3.10310 and/or as to be more fully set forth in one or more Implementation Agreements. 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 Authority (and Agency and City) makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to Phase IIthe Projects, either onsite or offsite. Developer expressly, knowingly and voluntarily acknowledges and agrees that Authority (and Agency and City) has not previously represented to Developer or to any representative, agent or Affiliate of Developer, or its General Contractor or any subcontractor(s) for the construction or development of Phase IIeither 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 ▇▇▇▇▇-▇▇▇▇▇. As to each Project, Developer knowingly and voluntarily agrees that Developer shall have the obligation to provide any and all disclosures or identifications with respect to Phase II 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. Developer shall indemnify, protect, pay for, defend (with legal counsel acceptable to Authority Authority, Agency and City) and hold harmless the Indemnitees, 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 development, construction (as defined by applicable law) and/or operation of Phase IIthe Manchester Project and/or the Orangewood 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 with 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 of ▇▇▇▇▇-▇▇▇▇▇, 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 Phase IIthe Manchester Project and/or the Orangewood 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 3.9.1309.1, 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 and development of Phase II both Projects by Developer.