Coverage Exception. This Agreement shall not apply if the City receives or is reasonably anticipated to receive funding or assistance from any Federal, State, local or other public entity for the Project if a requirement, condition or other term of receiving that funding or assistance is that the City not require bidders, contractors, or other persons or entities to enter into an agreement with one or more labor organizations. This provision shall not apply to Projects awarded prior to the City’s application and/or receipt of such funding or assistance, so long as this Agreement does not jeopardize such funding or assistance.
Coverage Exception. The Parties agree and understand that this PLA shall not apply to any work that would otherwise be covered Project Work if a governmental agency or granting authority partially or fully funding such work determines that it will not fund the Project Work if it is covered by this PLA. The City agrees that it will make every effort to establish the inclusion of this PLA with any governmental agency or granting authority funding a Covered Project.
Coverage Exception. This Agreement shall not apply if the District receives funding or assistance from any Federal, State, local or other public entity for the Project Work if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the District not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The District agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority.
Coverage Exception. The parties agree and understand that this Agreement shall not apply to any work that would otherwise be covered Project Work when a governmental agency or granting authority partially or fully funding such Project Work determines that it will not provide his funding if such Project Work is covered by this Agreement; or a law regulation, proposition or measure prohibits such coverage or the use by the City or for its benefit, of particular funds, if such coverage exists. The City agrees that it will make every effort with any such governmental agency or granting authority to permit the implementation of this Agreement with regard to Project Work that the agency or authority may be partially or fully funding.
Coverage Exception. (a) This Agreement shall not apply if the College receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the College not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. With respect to work funded by local or other public entity, the College agrees that it will make a reasonable effort to defend application of this Agreement.
(b) The College, with the written agreement of the Council, may modify the Agreement in the event that: 1) federal or state law prohibits the application of a provision of this Agreement; or 2) the terms, conditions, or contingencies of a grant or a contract with a federal or state agency would be inconsistent with the application of a provision of this Agreement. The College President/CEO or his/her designee shall be authorized to modify the requirements of this Agreement accordingly, with agreement from the Council, to advance the purposes of this Agreement to the maximum extent feasible
Coverage Exception. This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The City agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority. If the City receives funding or assistance from any Federal, State, local or other public entity for a Project, after award of such project, and such funding prohibits the use of this Agreement, the Parties shall meet and discuss the issue. The City agrees that it will make a good faith effort to establish the enforcement of this Agreement with any governmental agency or granting authority and the Unions agree to jointly defend and support any defense of a Project challenged because of the application of this Agreement to such Project.
Coverage Exception. The Parties agree and understand that this CSWPA shall not apply to any work that would otherwise be covered Project Work except when a governmental agency or granting authority partially or fully funding such work determines that it will not fund if such Project Work is covered by this CSWPA; or a law regulation, proposition or measure prohibits such coverage or the use by the District, or for its benefit, of particular funds if such coverage exists. The District agrees that it will make every effort to establish the enforcement of this CSWPA with any governmental agency or granting authority.
Coverage Exception. This Agreement shall not apply if the College receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the College not require, bidders, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organizations or enter into an agreement that contains any of the terms set forth herein. The College agrees that it will make every effort to establish the enforcement of this Agreement with any governmental agency or granting authority.
Coverage Exception. (a) This Agreement shall not apply if the District receives funding or assistance from any federal, state, local or other public entity for Project Work if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the District not require bidders, contractors, subcontractors or other persons or entities to enter into a PLA or other similar agreement with one or more labor organizations.
(b) In cases of conflict other than those addressed in Section 2.6(a), where particular provisions of this Agreement would be prohibited by federal or state law, or where the application of this Agreement would violate or be inconsistent with the terms, conditions or contingencies of a grant or a contract with an agency of the United States or the State of California, then the SCCCD Board of Trustees shall be authorized to modify the requirements of this Agreement to advance the purposes of this Agreement to the maximum extent feasible without conflicting with federal or state law or with terms, conditions or contingencies of the state or federal grant or contract in question. The District shall include these revised provisions in the Prime Contracts with regard to the project or portions of the project for which this Agreement would conflict with federal or state requirements.
Coverage Exception. The Parties agree and understand that this CBA shall not apply to any Covered Project or portion thereof that would otherwise be covered by the CBA if a governmental agency or granting authority partially or fully funding such work determines that it will not fund the Covered Project if it is covered by this CBA. SANDAG agrees that it will make every effort to establish the inclusion of this CBA with any governmental agency or granting authority funding a Covered Project. In no circumstance shall SANDAG be required to forgo project funding due to potential application of this CBA.
