Common use of Labor Peace Agreement Clause in Contracts

Labor Peace Agreement. Pursuant to New York State Public Service Law § 66-r (3), the Parties understand and agree that the Seller, as owner of the Bid Facility, or a third party acting on the Seller’s behalf, will be obligated to enter into a labor peace agreement (“Labor Peace Agreement” or “LPA”) in compliance with New York State Public Service Law § 66-r with at least one bona fide labor organization either where such bona fide labor organization is actively representing employees providing necessary operations and maintenance services for the Bid Facility at the time of such agreement or upon notice by a bona fide labor organization that is attempting to represent employees who will provide necessary operations and maintenance services for the renewable energy system employed in the state. The Labor Peace Agreement will, at a minimum, protect the State of New York’s proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the construction or operation of the Bid Facility. The Parties further understand and agree that, pursuant to and to the extent legally required by New York State Public Service Law § 66-r (3), the maintenance of such LPA shall be an ongoing material condition of any continuation of payments under this Agreement. Seller agrees to notify NYSERDA of any event triggering Seller’s obligation under this Section, or an obligation under New York State Public Service Law § 66-r (3), within 15 business days of the occurrence of such an event. Within 30 days after the occurrence of any event triggering Seller’s obligation under this Section, Seller, as owner, shall submit to NYSERDA a confidential plan to complete negotiations with its counterparty under New York State Public Service Law § 66-r (3), which shall provide for the execution of an LPA within 60 days of the triggering event or sooner if required by applicable law.