Developer shall. (1) require its technical employees to execute written agreements obligating them to disclose Subject Inventions, promptly and in writing, to Developer personnel responsible for administering patents; and (2) instruct employees, through suitable educational programs, on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to United States or foreign statutory bars.
Developer shall i. Require the General Contractor and subcontractors to complete and submit all prevailing wage initial compliance documentation to OEA.
ii. Following commencement of construction, require the General Contractor and subcontractors to submit completed certified payroll records with each monthly pay request and General Contractor shall refuse to pay all or a portion of a pay request to the extent not supported by certified payroll documentation.
iii. Require the General Contractor and subcontractors to complete signed timecards weekly, and provide those timecards to OEA upon request.
iv. Require any subcontractor who did not attend the preconstruction prevailing wage meeting to attend a prevailing wage meeting with OEA prior to commencing work.
v. Submit all General Contractor’s and subcontractor’s certified payroll reports and Statements of Non Performance to City on or before the fifteenth (15th) day of each month for any and all work performed during the previous month payroll due date. For example: for any work performed (or nonperformance) in the month of April, these submittals are due to OEA no later than May 15. NVF:CPA:JGH
vi. Require the contractor for the construction of the Project to grant City access to the Project site at reasonable times for the purpose of enforcing the provisions of this Section.
vii. Provide City with documentation relating to compliance with this Section.
viii. Indemnify, defend and hold City, its officials, officers, employees, contractors and agents harmless from any third party costs, claims, damages, liabilities, and expenses arising from the General Contractor's or any subcontractor's failure to pay prevailing wages or otherwise comply with applicable Prevailing Wage Laws. This section shall survive the expiration or termination of this Agreement.
Developer shall carry out inspections and tests to determine the existing condition of each Element of the Project (excluding all Elements within or forming part of the Limited O&M Work Segments) to be maintained by Developer during the O&M Period During Construction pursuant to this Schedule 11 (the "Baseline Inspections"); and
Developer shall. (a) perform at its own cost (subject to
Developer shall. (a) coordinate with each Utility Owner that has a Utility within the Site or which will be affected in any way by the Project and coordinate and cause all Utility Adjustments necessary for the timely construction, operation and maintenance of the Project to be completed in accordance with the Project Schedule and the requirements of the Contract Documents;
(b) make all reasonable efforts to design around existing Utilities, minimizing impacts;
(c) conduct reasonable site investigation and exploration before commencement of Construction Work in any particular area to correctly identify all Utilities in the area and include in the design all identified utilities to ensure that Utility services are not mistakenly disrupted by the Construction Work;
(d) submit to LAWA utility relocation plans identifying each Utility Adjustment, together with the timelines for obtaining Utility Owner approval and completing each Utility Adjustment (“Utility Relocation Plans”), as follows:
(i) for those portions of the Site to which Developer has been granted access before NTP 1 under the Early Works Agreement , plans must be submitted as a condition precedent to NTP 1;
(ii) for those portions of the Site to which Developer is granted access subsequent to NTP 1, plans must be submitted within 180 days of Developer’s access to the property in accordance with Section 7.5 (Acquisition of Real Property);
(e) develop Project Execution Plan(s) (PEP) in accordance with Part 2A, Section 25.3 (Project Execution Plan) of the Technical Provisions showing existing and proposed Utility locations (including a composite utility plan) and their relationship to the proposed construction; provide each Project Execution Plan to the applicable Utility Owner; and determine work responsibility for each Utility Adjustment with the applicable Utility Owner;
(f) for Utility Adjustments involving the City, Los Angeles County or LA Metro, comply with Developer’s obligations relating to the applicable Cooperation Agreement, as specified in Section 6.9 (Cooperation Agreements);
(g) obtain necessary permits for each Utility Adjustment;
(h) obtain Utility Owner pre-approval of Contractors and/or Suppliers performing certain Utility Work if required by Utility Owner;
(i) before commencing Construction Work on a particular Utility Adjustment, obtain the relevant Utility Owner’s approval regarding the work to be performed, in accordance with the requirements of Part 2A, Section 25.0 (Utility Coordination) of th...
Developer shall. 11.5.1 secure the grant of any patent applications within the Developer Patents in major markets as agreed to by the Steering Committee but which shall not be less than the US, EU, Canada, Mexico, and Japan;
11.5.2 file and prosecute patent applications on patentable inventions and discoveries relating to the same in such countries;
11.5.3 defend all such applications against third party oppositions in such countries; and
11.5.4 maintain in force any issued letters patent that relate to the same in such countries. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC.
