Common use of Affirmative Action and Prevailing Wage Regulations Clause in Contracts

Affirmative Action and Prevailing Wage Regulations. For any rebuilding, replacement, repair or restoration of the Prior Project, the Company shall comply with the Authority’s Affirmative Action Program and Prevailing Wage Rate Provisions and to that end shall: (a) Insert in all construction bid specifications for any Construction Contract the following provisions: (i) Construction of this project is subject to an Affirmative Action Program of the New Jersey Economic Development Authority which program establishes hiring goals for minority and female workers. Any contractor or subcontractor must agree to make every effort to meet the established goals and to submit certified reports and records required by the Authority. Copies of the Affirmative Action Program may be obtained by writing to: Office of Affirmative Action; New Jersey Economic Development Authority, Gxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxx Xxxxxx 00000; and (ii) Submission of a bid signifies that the bidder knows the requirements of the Affirmative Action Program and signifies the bidder’s intention to comply therewith. Construction of this project is subject to N.J.A.C. 19:30 3.1 et seq. Workers employed in construction of this project must be paid at a rate not less than the Prevailing Wage Rate established by the New Jersey Commissioner of Labor; (b) Include in all Construction Contracts those provisions which are set forth in the Addendum to Construction Contract annexed hereto as Exhibit C or any amendments thereto as may be authorized and approved by the Authority; (c) Obtain from all contractors and submit to the Authority a Contractor’s Certificate and Agreement in the form annexed hereto as Exhibit D within 3 days of the execution of any Construction Contract; (d) Create an office of Company Affirmative Action and maintain in that office until the Completion Date an individual having responsibility to coordinate compliance by the Company with the Authority’s Affirmative Action Program and to act as liaison with the Authority’s Office of Affirmative Action; (e) Submit to the Authority and the Trustee on the Completion Date, a Contractor’s Completion Certificate in the form annexed hereto as Exhibit E; (f) Furnish to the Authority all other reports and certificates required under the Authority’s Affirmative Action Program and Prevailing Wage Rate Provisions; and (g) Include or cause to be included in all Construction Contracts for any rebuilding, replacement, repair or restoration of the Prior Project, a provision, term or condition authorizing and allowing a holdback equal to either (i) if the Construction Contract is less than fifty percent (50%) complete as determined by the Company, ten per centum (10%), and (ii) if the Construction Contract is equal to or greater than fifty percent (50%) complete but less than ninety percent (90%) complete as determined by the Company, five per centum (5%), of the total amount agreed to be paid to the contractor for the work done pursuant to any such Construction Contract and subject to the Affirmative Action Program which amount is to represent the retainage for the purpose of assuring contractor compliance with the Affirmative Action Program of the Authority, said sum to be disbursed to the contractor only upon compliance with the terms and conditions of Section 6.06 of the Indenture and (1) the execution and filing of the Contractor’s Completion Certificate; (2) the execution and filing of the Company’s Completion Certificate; and (3) receipt by the Company of a written notice issued by the Authority’s Office of Affirmative Action that the contractor has complied with the requirements of the Affirmative Action Program. (h) Notwithstanding the above provisions of this Section 6.22, in the event that a court of competent jurisdiction finally determines that the Affirmation Action Program or any provision thereof or the Prevailing Wage Rate Provisions or any provision thereof is legally invalid or unenforceable, the Company shall have no obligation to comply with the invalid or unenforceable provision or provisions.

Affirmative Action and Prevailing Wage Regulations. For To the extent that any rebuilding, replacement, repair or restoration of the Prior Projectproceeds of the Loan are used for construction, the Company Borrower shall comply with the Authority’s 's Affirmative Action Program and Prevailing Wage Rate Provisions Regulations with respect to such construction, and to that end shallend: (a) Insert in all construction bid specifications for any Construction Contract construction contract (as such term is defined in the Authority's Affirmative Action and Prevailing Wage Rate Regulations) the following provisions: (i) Construction of this project is subject to an the Affirmative Action Program Regulations of the New Jersey Economic Development Authority which program establishes hiring goals for minority and female workers. Any contractor or subcontractor must agree to make a every effort to meet the established goals and to submit certified reports and records required by the Authority. Copies of the Affirmative Affirmation Action Program Regulations may be obtained by writing to: Office of Affirmative Action; , New Jersey Economic Development Authority, Gxxxxxx XxxGateway One, Xxxxx 0000Suite 2403, XxxxxxNewark, Xxx Xxxxxx 00000; andNew Jersey 07102; (iixx) Submission of a bid signifies that Xxxxxxxxxx xx x xxx xxxxxxxxx xxxx the bidder knows the requirements of the Affirmative Action Program Regulations and signifies the bidder’s 's intention to comply therewithcomply. Construction of this project is subject to N.J.A.C. 19:30 19:30-3.1 et seq. Workers employed in construction of this project must be paid at a rate not less than the Prevailing Wage Rate prevailing wage rate established by the New Jersey Commissioner of Labor; (b) Include in all Construction Contracts construction contracts those provisions which are set forth in the Addendum to Construction Contract annexed hereto as Exhibit C or any amendments thereto as may be authorized and approved by the AuthorityA; (c) Obtain from all contractors and submit to the Authority a Contractor’s Certificate and Agreement contractor's certificate in the form annexed hereto as Exhibit D B within 3 three (3) business days of the execution of any Construction Contractconstruction contract; (d) Create an office of Company Borrower Affirmative Action Officer and maintain in that office until the Completion Date completion date an individual having responsibility to coordinate compliance by the Company Borrower with the Authority’s 's Affirmative Action Program Regulations and to act as liaison with the Authority’s 's Office of Affirmative Action; (e) Submit to the Authority and the Trustee on the Completion Datecompletion date, a Contractor’s Completion Certificate completion certificate in the form annexed hereto as Exhibit E;C; and (f) Furnish to the Authority all other reports and certificates required under the Authority’s 's Affirmative Action Program and Prevailing Wage Rate Provisions; and (g) Include or cause to be included in all Construction Contracts for any rebuilding, replacement, repair or restoration of the Prior Project, a provision, term or condition authorizing and allowing a holdback equal to either (i) if the Construction Contract is less than fifty percent (50%) complete as determined by the Company, ten per centum (10%), and (ii) if the Construction Contract is equal to or greater than fifty percent (50%) complete but less than ninety percent (90%) complete as determined by the Company, five per centum (5%), of the total amount agreed to be paid to the contractor for the work done pursuant to any such Construction Contract and subject to the Affirmative Action Program which amount is to represent the retainage for the purpose of assuring contractor compliance with the Affirmative Action Program of the Authority, said sum to be disbursed to the contractor only upon compliance with the terms and conditions of Section 6.06 of the Indenture and (1) the execution and filing of the Contractor’s Completion Certificate; (2) the execution and filing of the Company’s Completion Certificate; and (3) receipt by the Company of a written notice issued by the Authority’s Office of Affirmative Action that the contractor has complied with the requirements of the Affirmative Action ProgramRegulations. (h) Notwithstanding the above provisions of this Section 6.22, in the event that a court of competent jurisdiction finally determines that the Affirmation Action Program or any provision thereof or the Prevailing Wage Rate Provisions or any provision thereof is legally invalid or unenforceable, the Company shall have no obligation to comply with the invalid or unenforceable provision or provisions.

Affirmative Action and Prevailing Wage Regulations. For any rebuilding, replacement, repair or restoration of To the Prior extent applicable to the Project, the Company Borrower shall comply with the Authority’s 's Affirmative Action Program and Prevailing Wage Rate Provisions Provisions, and to that end shallend: (a) Insert in all construction bid specifications for any Construction Contract construction contract, the following provisions: (i) Construction of this project is subject to an Affirmative Action Program of the New Jersey Economic Development Authority Authority, which program establishes hiring goals for minority and female workers. Any contractor or subcontractor must agree to make every a good faith effort to meet the established goals and to submit certified reports and records required by the Authority. Copies of the Affirmative Action Program may be obtained by writing to: Office of Affirmative Action; New Jersey Economic Development Authority, Gxxxxxx Xxx, Xxxxx 0000, ; Gateway One; Suite 2403; Xxxxxx, Xxx Xxxxxx 00000; and; (ii) Submission of a bid signifies that the bidder knows the requirements of the Affirmative Action Program and signifies the bidder’s 's intention to comply therewithcomply. Construction of this project is subject to N.J.A.C. 19:30 19:30-3.1 et seqET SEQ. Workers employed in construction of this project must be paid at a rate not less than the Prevailing Wage Rate prevailing wage rate established by the New Jersey Commissioner of Labor;. (b) Include in all Construction Contracts those provisions which that are set forth in the Addendum to Construction Contract annexed hereto as Exhibit C or any amendments thereto as may be authorized and approved by the Authority;B. (c) Obtain from all contractors Contractors and submit to the Authority a Contractor’s 's Certificate and Agreement in the form annexed hereto as Exhibit D C within 3 three (3) business days of the execution of any Construction Contract;. (d) Create an office of Company Borrower Affirmative Action and maintain in that office until the Completion Date an individual having responsibility to coordinate compliance by the Company Borrower with the Authority’s 's Affirmative Action Program and to act as liaison with the Authority’s 's Office of Affirmative Action;. (e) Submit to the Authority and the Trustee on the Completion Date, Date a Contractor’s Borrower's Completion Certificate in the form annexed hereto as Exhibit E;D. (f) Furnish to the Authority all other reports and certificates required under the Authority’s 's Affirmative Action Program and Prevailing Wage Rate Provisions; and (g) Include or cause to be included in all Construction Contracts for any rebuilding, replacement, repair or restoration of the Prior Project, a provision, term or condition authorizing and allowing a holdback equal to either (i) if the Construction Contract is less than fifty percent (50%) complete as determined by the Company, ten per centum (10%), and (ii) if the Construction Contract is equal to or greater than fifty percent (50%) complete but less than ninety percent (90%) complete as determined by the Company, five per centum (5%), of the total amount agreed to be paid to the contractor for the work done pursuant to any such Construction Contract and subject to the Affirmative Action Program which amount is to represent the retainage for the purpose of assuring contractor compliance with the Affirmative Action Program of the Authority, said sum to be disbursed to the contractor only upon compliance with the terms and conditions of Section 6.06 of the Indenture and (1) the execution and filing of the Contractor’s Completion Certificate; (2) the execution and filing of the Company’s Completion Certificate; and (3) receipt by the Company of a written notice issued by the Authority’s Office of Affirmative Action that the contractor has complied with the requirements of the Affirmative Action ProgramRegulations. (h) Notwithstanding the above provisions of this Section 6.22, in the event that a court of competent jurisdiction finally determines that the Affirmation Action Program or any provision thereof or the Prevailing Wage Rate Provisions or any provision thereof is legally invalid or unenforceable, the Company shall have no obligation to comply with the invalid or unenforceable provision or provisions.

Affirmative Action and Prevailing Wage Regulations. For any rebuilding, replacement, repair or restoration of the Prior Project, the Company shall comply with the Authority’s Affirmative Action Program and Prevailing Wage Rate Provisions and to that end shall: (a) Insert in all construction bid specifications for any Construction Contract the following provisions: (i) Construction of this project is subject to an Affirmative Action Program of the New Jersey Economic Development Authority which program establishes hiring goals for minority and female workers. Any contractor or subcontractor must agree to make every effort to meet the established goals and to submit certified reports and records required by the Authority. Copies of the Affirmative Action Program may be obtained by writing to: Office of Affirmative Action; New Jersey Economic Development Authority, Gxxxxxx Gateway Xxx, Xxxxx 0000, Xxxxxx, Xxx Xxxxxx 00000; and (ii) Submission of a bid signifies that the bidder knows the requirements of the Affirmative Action Program and signifies the bidder’s intention to comply therewith. Construction of this project is subject to N.J.A.C. 19:30 3.1 et seq. Workers employed in construction of this project must be paid at a rate not less than the Prevailing Wage Rate established by the New Jersey Commissioner of Labor; (b) Include in all Construction Contracts those provisions which are set forth in the Addendum to Construction Contract annexed hereto as Exhibit C or any amendments thereto as may be authorized and approved by the Authority; (c) Obtain from all contractors and submit to the Authority a Contractor’s Certificate and Agreement in the form annexed hereto as Exhibit D within 3 days of the execution of any Construction Contract; (d) Create an office of Company Affirmative Action and maintain in that office until the Completion Date an individual having responsibility to coordinate compliance by the Company with the Authority’s Affirmative Action Program and to act as liaison with the Authority’s Office of Affirmative Action; (e) Submit to the Authority and the Trustee on the Completion Date, a Contractor’s Completion Certificate in the form annexed hereto as Exhibit E; (f) Furnish to the Authority all other reports and certificates required under the Authority’s Affirmative Action Program and Prevailing Wage Rate Provisions; and (g) Include or cause to be included in all Construction Contracts for any rebuilding, replacement, repair or restoration of the Prior Project, a provision, term or condition authorizing and allowing a holdback equal to either (i) if the Construction Contract is less than fifty percent (50%) complete as determined by the Company, ten per centum (10%), and (ii) if the Construction Contract is equal to or greater than fifty percent (50%) complete but less than ninety percent (90%) complete as determined by the Company, five per centum (5%), of the total amount agreed to be paid to the contractor for the work done pursuant to any such Construction Contract and subject to the Affirmative Action Program which amount is to represent the retainage for the purpose of assuring contractor compliance with the Affirmative Action Program of the Authority, said sum to be disbursed to the contractor only upon compliance with the terms and conditions of Section 6.06 of the Indenture and (1) the execution and filing of the Contractor’s Completion Certificate; (2) the execution and filing of the Company’s Completion Certificate; and (3) receipt by the Company of a written notice issued by the Authority’s Office of Affirmative Action that the contractor has complied with the requirements of the Affirmative Action Program. (h) Notwithstanding the above provisions of this Section 6.22, in the event that a court of competent jurisdiction finally determines that the Affirmation Action Program or any provision thereof or the Prevailing Wage Rate Provisions or any provision thereof is legally invalid or unenforceable, the Company shall have no obligation to comply with the invalid or unenforceable provision or provisions.