Common use of Equal Employment Opportunities Clause in Contracts

Equal Employment Opportunities. A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee. 1. Landlords, licensors, permittors, tenants, lessees, licensees, permittees and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall comply with the provisions of the Human Rights Law and all other State and federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Equal Employment Opportunities. A. The provisions of Article 15-A of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/, licensors/, permittors/, tenants/, lessees/licensees/, licensees and permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee. 1. Landlords, licensors, permittors, tenants, lessees, licensees, permittees and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status. For these purposes, EEO equal employment opportunities shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 20. By Xx entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - – Staffing Plan [Staffing Plans are only required if this the Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 250,000.00, remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”)) response, a staffing plan on Form EEO 100 to OGS the Lessor to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. C. Form EEO - 101 - Workforce Utilization Reporting Form (Leases/Licenses/Permits or Other Transfers of Interests in Real Property) (“Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property”) 1. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Permits or Other Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 30. In Xx limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee or subcontractor shall submit the Form EEO-101-EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee or subcontractor shall submit the Form EEO-101--LeasesEEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. D. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee shall comply with the provisions of the Human Rights Law and all other State and federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Licensee, Permittee and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal and conviction and prior arrest.

Equal Employment Opportunities. A. (a) The provisions of Article 15-A Contractor shall submit an EEO policy statement to NYSERDA within seventy two (72) hours after the date of the Executive Law notice by NYSERDA to award the Contract to the Contractor. If Contractor or Subcontractor does not have an existing EEO policy statement, Contractor or Subcontractor may adopt the model statement provided as Attachment 1 – Minority- and Women-Owned Business Enterprises And Equal Employment Opportunity Policy Statement. Contractor hereby agrees that this policy shall remain in full force and effect during the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination performance of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permitteethis Agreement. 1. Landlords(b) During the performance of this Agreement, licensorsContractor agrees to the following: (i) Contractor will not discriminate against any employee or applicant for employment because of race, permittorscreed, tenantscolor, lesseesnational origin, licenseessex, permittees and subcontractors shall age, disability or marital status, will undertake or continue existing EEO programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document Contractor’s conscientious and active efforts to employ and utilize minority group members and women in its work force on this Agreement. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (ii) At the request of NYSERDA, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status; and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein. (iii) Contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee iv) Contractor shall comply with the provisions of the Human Rights Law and Law, all other State and federal Federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

Equal Employment Opportunities. A. (a) The provisions of Article 15-A Contractor shall submit an EEO policy statement to NYSERDA within seventy two (72) hours after the date of the Executive Law notice by NYSERDA to award the Contract to the Contractor. If Contractor or Subcontractor does not have an existing EEO policy statement, Contractor or Subcontractor may adopt the model statement provided as Attachment 1 – Minority- and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement. Contractor hereby agrees that this policy shall remain in full force and effect during the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination performance of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permitteethis Agreement. 1. Landlords(b) During the performance of this Agreement, licensorsContractor agrees to the following: (i) Contractor will not discriminate against any employee or applicant for employment because of race, permittorscreed, tenantscolor, lesseesnational origin, licenseessex, permittees and subcontractors shall age, disability or marital status, will undertake or continue existing EEO programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document Contractor’s conscientious and active efforts to employ and utilize minority group members and women in its work force on this Agreement. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (ii) At the request of NYSERDA, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status; and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein. (iii) Contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee iv) Contractor shall comply with the provisions of the Human Rights Law and Law, all other State and federal Federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (c) Contractor shall include, in all subcontracts related to its performance of its obligations in this Agreement, the requirements set forth in Section 2(b) above, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with this Agreement. (d) The provisions of this Section shall not be binding upon Contractors or its subcontractors in the performance of work or the provision of services or any other activity that are unrelated, separate, or distinct from this Agreement, as expressed by its terms. (e) The requirements of this Section shall not apply to any employment outside New York State or application for employment outside New York State or solicitations or advertisements therefor, or any existing programs of affirmative action regarding employment outside New York State.

Equal Employment Opportunities. A. (a) The provisions of Article 15-A Contractor shall submit an EEO policy statement to NYSERDA within seventy two (72) hours after the date of the Executive Law notice by NYSERDA to award the Contract to the Contractor. If Contractor or Subcontractor does not have an existing EEO policy statement, Contractor or Subcontractor may adopt the model statement provided as Attachment 1 – Minority- and Women-Owned Business Enterprises And Equal Employment Opportunity Policy Statement. Contractor hereby agrees that this policy shall remain in full force and effect during the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination performance of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permitteethis Agreement. 1. Landlords(b) During the performance of this Agreement, licensorsContractor agrees to the following: (i) Contractor will not discriminate against any employee or applicant for employment because of race, permittorscreed, tenantscolor, lesseesnational origin, licenseessex, permittees and subcontractors shall age, disability or marital status, will undertake or continue existing EEO programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document Contractor’s conscientious and active efforts to employ and utilize minority group members and women in its work force on this Agreement. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (ii) At the request of NYSERDA, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status; and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein. (iii) Contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee iv) Contractor shall comply with the provisions of the Human Rights Law and Law, all other State and federal Federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. (c) Contractor shall include, in all subcontracts related to its performance of its obligations in this Agreement, the requirements set forth in Section 2(b) above, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with this Agreement. (d) The provisions of this Section shall not be binding upon Contractors or its subcontractors in the performance of work or the provision of services or any other activity that are unrelated, separate, or distinct from this Agreement, as expressed by its terms. (e) The requirements of this Section shall not apply to any employment outside New York State or application for employment outside New York State or solicitations or advertisements therefor, or any existing programs of affirmative action regarding employment outside New York State.

Equal Employment Opportunities. A. (a) The provisions of Article 15-A Contractor shall submit an EEO policy statement to NYSERDA within seventy two (72) hours after the date of the Executive Law notice by NYSERDA to award the Contract to the Contractor. If Contractor or Subcontractor does not have an existing EEO policy statement, Contractor or Subcontractor may adopt the model statement provided as Attachment 1 – Minority- and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement. Contractor hereby agrees that this policy shall remain in full force and effect during the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination performance of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permitteethis Agreement. 1. Landlords(b) During the performance of this Agreement, licensorsContractor agrees to the following: (i) Contractor will not discriminate against any employee or applicant for employment because of race, permittorscreed, tenantscolor, lesseesnational origin, licenseessex, permittees and subcontractors shall age, disability or marital status, will undertake or continue existing EEO programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document Contractor’s conscientious and active efforts to employ and utilize minority group members and women in its work force on this Agreement. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (ii) At the request of NYSERDA, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status; and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein. (iii) Contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee iv) Contractor shall comply with the provisions of the Human Rights Law and Law, all other State and federal Federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-non- discrimination on the basis of prior criminal conviction and prior arrest. (c) Contractor shall include, in all subcontracts related to its performance of its obligations in this Agreement, the requirements set forth in Section 2(b) above, in such a manner that the provisions will be binding upon each subcontractor as to work in connection with this Agreement. (d) The provisions of this Section shall not be binding upon Contractors or its subcontractors in the performance of work or the provision of services or any other activity that are unrelated, separate, or distinct from this Agreement, as expressed by its terms. (e) The requirements of this Section shall not apply to any employment outside New York State or application for employment outside New York State or solicitations or advertisements therefor, or any existing programs of affirmative action regarding employment outside New York State.

Equal Employment Opportunities. A. (a) The provisions of Article 15-A Contractor shall submit an EEO policy statement to NYSERDA within seventy two (72) hours after the date of the Executive Law notice by NYSERDA to award the Contract to the Contractor. If Contractor or Subcontractor does not have an existing EEO policy statement, Contractor or Subcontractor may adopt the model statement provided as Attachment 1 – Minority- and Women-Owned Business Enterprises And Equal Employment Opportunity Policy Statement. Contractor hereby agrees that this policy shall remain in full force and effect during the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to all landlords/licensors/permittors/tenants/lessees/licensees/permittees, and any subcontractors, awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination performance of the foregoing, to be performed for, or rendered or furnished to, the contracting State agency (hereinafter referred to as the “EEO Work”) except where the EEO Work is for the beneficial use of the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permitteethis Agreement. 1. Landlords(b) During the performance of this Agreement, licensorsContractor agrees to the following: (i) Contractor will not discriminate against any employee or applicant for employment because of race, permittorscreed, tenantscolor, lesseesnational origin, licenseessex, permittees and subcontractors shall age, disability or marital status, will undertake or continue existing EEO programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document Contractor’s conscientious and active efforts to employ and utilize minority group members and women in its work force on this Agreement. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (ii) At the request of NYSERDA, Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status; and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein. (iii) Contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate, or distinct from this Lease, License, Permit or other transfer of interests in real property; or (ii) employment outside New York State. 2. By entering into this this Lease, License, Permit or other transfer of interests in real property, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee certifies that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s EEO policy. In addition, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to comply with the Non-Discrimination Requirements set forth in clause 5 of Appendix A, attached hereto and made a part hereof. B. Form EEO 100 - Staffing Plan [Staffing Plans are only required if this Lease, License, Permit or other transfer of interests in real property has a value in excess of $250,000.00. If less than $250,000.00 remove the below text and replace with “RESERVED” and you must delete this note!] To ensure compliance with this section, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee agrees to submit, or has submitted with its response to the Request for Information (hereinafter referred to as the “RFI”), a staffing plan on Form EEO 100 to OGS to document the composition of the proposed workforce to be utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed, including ethnic background, gender, and federal occupational categories. 1. Form EEO 101 - Workforce Utilization Reporting Form Leases/Licenses/Permits/Transfers of Interests in Real Property. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee shall submit, and shall require each of its subcontractors to submit, a Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property, which is attached to this Lease as Exhibit 6, to the Lessor to report the actual workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Form EEO-101- Leases/Licenses/Permits/Transfers of Interests in Real Property must be submitted electronically to the Lessor at XXX_XxxxXxx@xxx.xx.xxx on a quarterly basis during the Term of this Lease, License, Permit or other transfer of interests in real property by the 10th day of April, July, October, and January. 2. Separate forms shall be completed by the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee and all subcontractors. 3. In limited instances, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor may not be able to separate out the workforce utilized in the performance of this Lease, License, Permit or other transfer of interests in real property from its total workforce. When a separation can be made, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101-Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided relates to the actual workforce utilized on this Lease, License, Permit or other transfer of interests in real property. When the workforce to be utilized on this Lease, License, Permit or other transfer of interests in real property cannot be separated out from the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor's total workforce, the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee or subcontractor shall submit the Form EEO-101--Leases/Licenses/Permits/Transfers of Interests in Real Property and indicate that the information provided is the Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee’s or subcontractor’s total workforce during the subject time frame, not limited to work specifically performed under this Lease, License, Permit or other transfer of interests in real property. C. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee iv) Contractor shall comply with the provisions of the Human Rights Law and Law, all other State and federal Federal statutory and constitutional non-discrimination provisions. The Landlord, Licensor, Permittor, Tenant, Lessee, Licensee or Permittee Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status, or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-non- discrimination on the basis of prior criminal conviction and prior arrest.