Dxxxx-Xxxxx Act. The Guarantor shall have received a certificate from the Borrower certifying that (A) the clauses set forth in Exhibit I (Dxxxx-Xxxxx Act Contract Provisions) and the appropriate wage determination(s) of the Secretary of Labor have been included in each Dxxxx-Xxxxx Act Covered Contract entered into after the Effective Date; and (B) the Borrower and each DBA Contract Party under each Dxxxx-Xxxxx Act Covered Contract existing on or prior to such Advance Date have taken all necessary steps to comply with and are in compliance (including retroactive compliance) with the Dxxxx-Xxxxx Act Requirements.
Dxxxx-Xxxxx Act. (a) The Borrower, the Direct Parent and all DBA Contract Parties under each Dxxxx-Xxxxx Act Covered Contract have taken all necessary steps to comply with and are in compliance (including retroactive compliance) with the Dxxxx-Xxxxx Act Requirements.
(b) As of the Effective Date, there are no Dxxxx-Xxxxx Act Covered Contracts except for those listed in Schedule 6.24 (Dxxxx-Xxxxx Act Covered Contracts).
(c) If and to the extent construction, alteration or repair (within the meaning of 29 C.F.R. §5.5(a)) of the Project began prior to the Effective Date, (i) the Borrower has prior to the Effective Date, retroactively adjusted, and caused each DBA Contract Party to retroactively adjust, the wages of each affected laborer and mechanic employed in the construction, alteration or repair of the Project prior to the Effective Date, and paid or caused to be paid to each such laborer or mechanic such additional wages, if any, as were necessary for such laborers and mechanics to have been paid at rates not less than those prevailing on similar work in the relevant locality during the period such work was performed, as determined by the Secretary of Labor in accordance with the applicable Dxxxx-Xxxxx Act wage determinations or (ii) the Borrower has, and has caused each DBA Contract Party to, undertake substantial and good faith efforts to locate all the laborers and mechanics noted in the immediately preceding clause (i), but the Borrower or one or more of the DBA Contract Parties have been unable to locate all such laborers or mechanics and the Borrower will, and will cause each applicable DBA Contract Party to, continue to diligently undertake good faith and substantial efforts to locate such laborers and mechanics and to retroactively adjust their wages and pay the applicable adjustment.
Dxxxx-Xxxxx Act. (a) The Borrower Entities shall comply (and shall ensure that each DBA Contract Party complies) with the Dxxxx-Xxxxx Act Requirements.
(b) The Borrower Entities shall maintain an Electronic Certified Payroll System accessible to the Guarantor and the Borrower shall systematically review the certified weekly payroll records that the Borrower Entities maintain for their own laborers and mechanics and those that it receives for the laborers and mechanics of any Borrower Entity and DBA Contract Party.
(c) The Borrower shall designate and identify to the Guarantor a point of contact who will be responsible for ensuring compliance with the Dxxxx-Xxxxx Act Requirements. This Person will provide to the Guarantor any information reasonably requested in support of the Guarantor’s Dxxxx-Xxxxx Act compliance monitoring efforts. The Borrower shall notify the Guarantor in writing regarding a change to this contact Person.
(d) The Borrower shall promptly notify the Guarantor in writing when it receives any complaint related to non-compliance with the Dxxxx-Xxxxx Act, or discovers in the course of its systematic review of the certified payroll records an incident that the Borrower reasonably believes to be a case of such non-compliance and which, in each case, the Borrower cannot resolve on its own, and shall forward to the Guarantor (i) the complaint or a written summary of the non-compliant incident; (ii) a summary of the Borrower’s investigation into such complaint or such incident; and (iii) the relevant certified payroll records.
(e) Certified payroll records maintained by the Borrower Entities shall be preserved for [*****] after completion of work. The Borrower shall make such records available to the Guarantor and DOL when necessary, and upon request, for purposes of an investigation or audit of compliance with prevailing wage requirements. Certified payroll records maintained by the Borrower Entities shall be considered federal government records for the purposes of the Freedom of Information Act, 5 U.S.C. § 552. The Borrower Entities shall provide such records to the Guarantor within [*****] of receipt of any request for such records from the Guarantor.
(f) The Borrower Entities shall use commercially reasonable efforts to cause each DBA Compliance Matter Contractor to cure each applicable DBA Compliance Matter. Such efforts may be suspended while a DBA Compliance Matter Contractor is, in good faith, appealing a DOL determination of non-compliance.
(g) Within [*...
Dxxxx-Xxxxx Act. 40 U.S.C. Section 276a et seq. as may be amended from time to time.
Dxxxx-Xxxxx Act. The Dxxxx-Xxxxx Act found at 40 U.S.C. Section 276(a) et seq., as may be amended from time to time.
