Common use of Initial Provisions Clause in Contracts

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by National Community Renaissance of California (“Primary Employer”), and the San Diego County Building & Construction Trades Council (“Council”) and its affiliated local unions that have executed this Agreement, all of whom are referred to collectively as the “Unions.” 1.2 The MTS Palm City Village Project consists of the construction of Palm Avenue Transit-Oriented Development (the “Project”). The Project will be constructed on an approximately four-acre site located at the Palm Avenue Trolley Station in the Palm City area of San Diego County, California (the “Project Real Property”). National Community Renaissance (“Owner”) is leasing the Project Real Property from the San Diego Metropolitan Transit System (“MTS”) and controls the site at which the Project will be constructed. It is understood and agreed by and between the parties to this Agreement that the final plans for the Project may be subject to design changes and modifications or may be revised as a result of the approval by those public agencies possessing lawful approval authority over the Project, and that this Agreement applies to the Project as it is finally approved by such entities and agencies. 1.3 Primary Employer is a contractor primarily engaged in the building and construction industry. Primary Employer has been authorized by the Owner to enter into this Agreement with respect to the Project. 1.4 As provided below, all project managers, construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Section 2.1), or authorizing another party to assign, award or subcontract Covered Work, or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Employer Agreement To Be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 This Agreement shall be binding only with respect to this Project and only on the Employer entities executing this Agreement. It shall not apply to their respective parents, affiliates or subsidiaries. 1.6 The Unions are labor organizations whose members are construction industry employees who generally work in close proximity to one another at construction job sites and whose jobs are closely related and coordinated. Each of the Unions is a party to a multiemployer collective bargaining agreement (“Master Agreement” or “Master Labor Agreement”) that covers the geographic area of the Project. Where the term Master Agreement or Master Labor Agreement is used, it refers to the local area construction master collective bargaining agreements currently in effect and negotiated and executed from time to time by (i) licensed construction contractors and their applicable multiemployer associations and (ii) Local Unions having jurisdiction over Covered Work. If there is a conflict between this Agreement and any Master Agreement, then the provisions of this Agreement shall control. 1.7 A large labor pool represented by the Unions will be required to execute the work involved in the Project. Employers wish, and it is the purpose of this Agreement, to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. 1.8 In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions and to protect the Project against strikes and lockouts and other interference with the process of the work. 1.9 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the management of the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by National Community Renaissance of California Vikings Energy Farm, LLC (“Primary Employer” or “Owner”), and the San Diego County Building & Construction Trades Operating Engineers Local 12, Southwest Regional Council (“Council”) of Carpenters, Southern California District Council of Laborers and its affiliated local unions that Local Union 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement, all of whom are referred to collectively as Agreement (the “Unions”).” 1.2 The MTS Palm City Village Vikings Solar Energy and Storage Project consists of the construction of Palm Avenue Transit-Oriented Development (the “Project”). The Project will be constructed on an approximately four-acre site ) is a 100 MW photovoltaic solar power plant and 150 MW electricity storage facility located at the Palm Avenue Trolley Station in the Palm City area of San Diego Imperial County, California (the “Project Real Property”). National Community Renaissance (“Owner”) is leasing the Project Real Property from the San Diego Metropolitan Transit System (“MTS”) and controls the site at which the Project will be constructedCalifornia. It is understood and agreed by and between the parties Parties to this Agreement that the final plans for the Project may be subject to design changes modifications and modifications or may be revised as a result of the approval by those public agencies possessing lawful approval authority over the Project, Project and that this Agreement applies to the Project as it is finally approved by such entities and agenciesagencies and only to the Project. 1.3 Primary Employer is a constructs, operates and maintains solar generation facilities. Primary Employer will control labor relations on the Project by entering into this Agreement, which establishes the terms and conditions of employment for employees performing Covered Work (as defined in Section 2.1) on the Project and, consistent with its normal and customary practice, will act as the general contractor primarily engaged on the Project and will make all decisions within the scope of the general contractor’s authority. Primary Employer regularly employ employees in the building and construction industry. trades on their construction projects and Primary Employer has been authorized by expressly reserves the Owner right to enter into directly perform Covered Work (as defined in Section 2.1) on this Project with its own employees, who will be subject to the terms and conditions of employment set forth in this Agreement with respect to in the Projectperformance of such Covered Work. 1.4 As provided below, all project managers, construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Section 2.1Article 2), or authorizing another party to assign, award or subcontract Covered Work, or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Employer Agreement To Be to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 This Agreement shall be binding only with respect to this Project and only on the Employer entities executing this Agreement. It shall not apply to their respective parents, affiliates or subsidiaries. 1.6 The Unions are labor organizations whose members are construction industry employees who generally work in close proximity to one another at construction job sites and whose jobs employees. The Unions are closely related and coordinated. Each of the Unions is a party to a multiemployer multi-employer collective bargaining agreement agreements (“Master Agreement” or “Master Labor Agreement”) that covers applicable to employers working within the geographic area of the Project. Where the term Master Agreement or Master Labor Agreement is used, it refers to the local area construction master collective bargaining agreements currently in effect and negotiated and executed from time to time by (i) licensed construction contractors and their applicable multiemployer associations and (ii) Local Unions having jurisdiction over Covered Work. If there is a conflict between this Agreement and any Master Agreement, then the provisions of this Agreement shall controljurisdiction. 1.7 1.6 A large labor pool represented by the Unions will be required to execute the work Covered Work involved in the Project. Employers wish, wish and it is the purpose of this Agreement, Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. 1.8 . In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions and to protect the Project against strikes and lockouts and other interference with the process of the workconditions. 1.9 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the management of Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by National Community Renaissance of California DEPCOM California, Inc. (“Primary Employer”), and the San Diego County Building & Construction Trades Operating Engineers Local 12, Southwest Regional Council (“Council”) of Carpenters, Southern California District Council of Laborers and its affiliated local unions that Local Union 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement, all of whom are referred to collectively as Agreement (the “Unions”).” 1.2 The MTS Palm City Village Citizens Imperial Solar Project consists of the construction of Palm Avenue Transit-Oriented Development (the “Project”)) is an approximately 30 MW photovoltaic solar power plant and any associated electricity storage facilities located in Imperial County, California. The Project will be constructed on an approximately four-acre site located at the Palm Avenue Trolley Station in the Palm City area of San Diego Countyis owned by Citizens Imperial Solar, California (the “Project Real Property”). National Community Renaissance LLC (“Owner”) is leasing ). The Owner and the Project Real Property from the San Diego Metropolitan Transit System (“MTS”) Owner’s parents, affiliates, or subsidiaries, are not a party to this Agreement and controls the site at which the Project will be constructedare not bound by any article or provision of this Agreement. It is understood and agreed by and between the parties Parties to this Agreement that the final plans for the Project may be subject to design changes modifications and modifications or may be revised as a result of the approval by those public agencies possessing lawful approval authority over the Project, and may be modified by the Owner (including, but not limited to, modifications to reduce overall costs), and that this Agreement applies to the Project as it is finally approved and modified by such entities and agenciesentities, agencies and/or Owner. 1.3 Primary Employer is a constructs, operates and maintains solar generation facilities. Primary Employer will control labor relations on the Project by entering into this Agreement, which establishes the terms and conditions of employment for employees performing Covered Work (as defined in Section 2.1) on the Project and, consistent with its normal and customary practice, will act as the general contractor primarily engaged on the Project and will make all decisions within the scope of the general contractor’s authority. Primary Employer regularly employ employees in the building and construction industry. trades on their construction projects and Primary Employer has been authorized by expressly reserves the Owner right to enter into directly perform Covered Work (as defined in Section 2.1) on this Project with its own employees, who will be subject to the terms and conditions of employment set forth in this Agreement with respect to in the Projectperformance of such Covered Work. 1.4 As provided below, all project managers, construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Section 2.1Article 2), or authorizing another party to assign, award or subcontract Covered Work, or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Employer Agreement To Be to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 . This Agreement shall be binding only with respect to this Project and only on the Employer entities executing this Agreement. It shall not bind or apply to their respective any parents, affiliates or subsidiariessubsidiaries of any Employer. Each separate Employer shall be liable for its own breach of this Agreement. 1.6 1.5 The Unions are labor organizations whose members are construction industry employees who generally work in close proximity to one another at construction job sites and whose jobs employees. The Unions are closely related and coordinated. Each of the Unions is a party to a multiemployer multi-employer collective bargaining agreement agreements (“Master Agreement” or “Master Labor Agreement”) that covers applicable to employers working within the geographic area of the Project. Where the term Master Agreement or Master Labor Agreement is used, it refers to the local area construction master collective bargaining agreements currently in effect and negotiated and executed from time to time by (i) licensed construction contractors and their applicable multiemployer associations and (ii) Local Unions having jurisdiction over Covered Work. If there is a conflict between this Agreement and any Master Agreement, then the provisions of this Agreement shall controljurisdiction. 1.7 1.6 A large labor pool represented by the Unions will be required to execute the work Covered Work involved in the Project. Employers wish, wish and it is the purpose of this Agreement, Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. 1.8 . In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions and to protect the Project against strikes and lockouts and other interference with the process of the workconditions. 1.9 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the management of Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.

Initial Provisions. 1.1 This Project Labor Agreement (“Agreement”) is entered into by National Community Renaissance of California Contra Costa Electric, Inc. (“Primary Employer”), and the San Diego County Building & Construction Trades Operating Engineers Local 12, Southwest Regional Council (“Council”) of Carpenters, Southern California District Council of Laborers and its affiliated local unions that Laborers Local 1184, IBEW Local 569, and Ironworkers Local 229 who have executed this Agreement, all of whom are referred to collectively as Agreement (the “Unions”).” 1.2 The MTS Palm City Village Iris Solar Cluster Project consists of the construction of Palm Avenue Transit-Oriented Development (the “Project”)) is an approximately 360 MW photovoltaic solar power plant located on four non-contiguous parcels in Imperial County, California. The Project will be constructed on an approximately four-acre site located at the Palm Avenue Trolley Station in the Palm City area of San Diego County, California (the “Project Real Property”). National Community Renaissance is owned by 85JP 8ME LLC (“Owner”) is leasing the Project Real Property from the San Diego Metropolitan Transit System (“MTS”) and controls the site at which the Project will be constructed). It is understood and agreed by and between the parties Parties to this Agreement that the final plans for the Project may be subject to design changes modifications and modifications or may be revised as a result of the approval by those public agencies possessing lawful approval authority over the Project, Project and that this Agreement applies to the Project as it is finally approved by such entities and agenciesagencies and only to the Project. 1.3 Primary Employer is a contractor an employer primarily engaged in the building construction industry and construction industry. Primary Employer has been authorized by the Owner authority to enter into this Agreement with respect to the Projectagreement. 1.4 As provided below, all project managers, construction managers, contractors, subcontractors or other persons or entities assigning, awarding or subcontracting Covered Work (as defined in Section 2.1Article 2), or authorizing another party to assign, award or subcontract Covered Work, or performing Covered Work, will be subject to this Agreement by executing Attachment A, the Employer Agreement To Be to be Bound (all of whom, including the Primary Employer, are individually and collectively referred to as “Employer” or “Employers”). 1.5 This Agreement shall be binding only with respect to this Project and only on the Employer entities executing this Agreement. It shall not apply to their respective parents, affiliates or subsidiaries. 1.6 The Unions are labor organizations whose members are construction industry employees who generally work in close proximity to one another at construction job sites and whose jobs employees. The Unions are closely related and coordinated. Each of the Unions is a party to a multiemployer multi-employer collective bargaining agreement agreements (“Master Agreement” or “Master Labor Agreement”) that covers applicable to employers working within the geographic area of the Project. Where the term Master Agreement or Master Labor Agreement is used, it refers to the local area construction master collective bargaining agreements currently in effect and negotiated and executed from time to time by (i) licensed construction contractors and their applicable multiemployer associations and (ii) Local Unions having jurisdiction over Covered Work. If there is a conflict between this Agreement and any Master Agreement, then the provisions of this Agreement shall controljurisdiction. 1.7 1.6 A large labor pool represented by the Unions will be required to execute the work Covered Work involved in the Project. Employers wish, wish and it is the purpose of this Agreement, Agreement to ensure that a sufficient supply of skilled craft workers are available at the Project, that all construction work and related work performed by the members of the Unions on this Project shall proceed continuously, without interruption, in a safe and efficient manner, economically with due consideration for the protection of labor standards, wages and working conditions. 1.8 . In furtherance of these purposes and to secure optimum productivity, harmonious relations between the parties and the orderly performance of the work, the parties to this Agreement agree to establish adequate and fair wage levels and working conditions and to protect the Project against strikes and lockouts and other interference with the process of the workconditions. 1.9 1.7 In the interest of the future of the construction industry in the local area, of which the Unions are a vital part, and to maintain the most efficient and competitive posture possible, the Unions pledge to work and cooperate with the management of Primary Employer, Employers and with other construction employers engaged on the Project to produce the most efficient utilization of labor and equipment in accordance with this Agreement. In particular, the Unions shall make all efforts to first source local labor to the Project and shall cooperate with each Employer’s efforts to comply with all applicable laws and regulations related to such local hiring requirements. 1.8 The parties recognize the importance of solar power in assuring that California is provided with adequate supplies of renewable energy for economic growth, the creation of job opportunities and for a greater degree of energy independence. By entering into this Agreement, the parties recognize the unique nature of a solar photovoltaic power plant and that the terms and conditions covered by this Agreement are therefore unique. Accordingly, the parties have in good faith arrived at the special conditions contained in this Agreement, and the parties agree to work together jointly to support the Project and make it successful.