Contributions and Delinquencies. The Employer shall be obligated to make contributions required to the Defined Benefit Plan and the Defined Contribution Plan at such times and in accordance with such procedures as the trustees of either or both plans shall from time to time establish. In no event, however, shall the Employer be obligated to make such contributions more frequently than monthly and in no event shall such contributions be due before the tenth (10th) day of the calendar month following the calendar month for which the contribution is made (and during which occurred the paid hour with respect to which the contribution is made). If the Employer shall fail to make contributions at such time or in accordance with such procedures as may be established by the trustees, the Employer shall be liable to either or both of the Plans for the amount of unpaid contributions and, in addition, liquidated damages, interest, costs of collections and other amounts which may be lawfully demanded and collected by either or both plans; provided the Employer is served with at least fourteen (14) calendar days written notice of default. In no event shall either plan be permitted or obligated to invoke or exhaust the Grievance and Arbitration Procedures set forth in this Agreement prior to initiating action for legal or equitable relief.
Contributions and Delinquencies. Contributions to the Fringe Benefit Funds, in the amount fixed by this Agreement, are due on the 15th day of the month following the month in which the hours are worked. The failure of an Employer to pay the contributions, payroll deductions or other monies required hereunder promptly when due shall be a violation of this Agreement as well as a violation of said Employer’s obligations under the Agreements and Declarations of Trust. Nonpayment by an Employer of any contributions, payroll deductions or other monies when due shall not relieve any other Employer of their obligation to make such payments when due. Any Employer who is required to make weekly payments as herein provided shall send their payments on a weekly basis. If the payments and monthly report are not received by the 20th day of the month following the month in which the hours are worked, the Employer will be considered delinquent in making the required contributions. If the payments and monthly report are not received by the last day of the month following the month in which the hours were worked, the delinquent Employer will be subject to and agrees to pay a delinquency assessment of ten percent (10%) of the amount due plus one percent (1%) for each month the Employer remains delinquent, to cover the additional cost and expense of administration during the period of delinquency. Whenever any Employer is delinquent, the Union may either (a) require such Employer to post a larger bond (reasonably calculated to provide for the wages and fringe benefit contributions and deductions called for by this Agreement, based on the number of employees and hours of work for the Employer) or (b) require the Employer to pay its contributions and deductions payable by the terms of this Agreement under the provisions of any of the Agreements and Declarations of Trust of the Fringe Benefit Funds either in cash or by cashier’s check, certified check or money order on a weekly basis. Whenever an Employer is delinquent, the representative of the Union, may with the approval of the Union, withdraw employees from the employment of the Employer without said withdrawal being considered a breach of any of the provisions of this Agreement.
