Common use of Maritime and Aviation Project Labor Agreement Clause in Contracts

Maritime and Aviation Project Labor Agreement. Any construction project undertaken by Permittee pursuant to this Permit, for which the Port approves a permit for construction (the "subject permit"), that exceeds $50,000 when considered together with the value of all construction projects on the Assigned Space or on any site leased by Permittee for which the Port had approved a permit within a 12 month period before the date of the subject permit, is subject to coverage under the terms of the Port's Maritime and Aviation Project Labor Agreement ("MAPLA") as it applies to Port tenants. Failure to utilize MAPLA could lead to grievance and arbitration and the potential for damages, attorney's fees and costs should the Building & Construction Trades Council of Alameda County, AFL-CIO ("Unions") prevail in arbitration. With respect to any construction project which is subject to coverage of the terms of the MAPLA in accordance with the following: (1) Permittee shall assure that each construction project contractor with whom Permittee contracts (“prime contractor”), before beginning its respective construction work, sign a Letter of Assent to the MAPLA; (2) Permittee shall require by contract that each prime contractor require that each subcontractor on said construction project, regardless of tier, sign a Letter of Assent to the MAPLA; (3) The Unions which are signatory to MAPLA are third party beneficiaries of Permittee’s obligations under this Section 36 and are entitled to proceed with grievances and arbitration against Permittee under the MAPLA for Permittee’s breach of such obligations; and Permittee may not assert that the Unions do not have standing to proceed with any such grievance or arbitration proceeding described above or to recover from Permittee damages, attorneys’ fees and costs if Permittee breaches any such obligations. In the event the Port agrees to any revisions to MAPLA, or enters into a new MAPLA, Port shall notify Permittee in writing of such revised or new MAPLA requirements and after such written notice, such revised or new MAPLA requirements shall become part of this Section 36 and shall supersede any conflicting requirements of this Section 36, and Permittee shall be obligated to comply with such revised or new MAPLA requirements as fully as if they were set forth herein.

Maritime and Aviation Project Labor Agreement. Any construction project undertaken by Permittee pursuant to this Permit, for which the Port approves a permit for construction (the "subject permit"), that exceeds $50,000 when considered together with the value of all construction projects on the Assigned Space or on any site leased by Permittee for which the Port had approved a permit within a 12 month period before the date of the subject permit, is subject to coverage under the terms of the The Port's ’s Maritime and Aviation Project Labor Agreement ("“MAPLA"”) as it applies may apply to Permittee’s construction work and Permittee should be knowledgeable of and shall comply with all applicable provisions of the MAPLA. Specifically, any construction work undertaken by Permittee pursuant to this Permit that exceeds an estimated cost of $150,000 for which the Port tenantsissues a permit for construction is subject to coverage by the MAPLA. Failure As described further in the MAPLA, “construction work” includes work subject to prevailing wage determinations or work performed within the craft jurisdiction of the unions signatory to the MAPLA at the time the MAPLA was executed on or around February 1, 2016. Permittee’s failure to utilize MAPLA could lead to grievance and arbitration and the potential for damages, attorney's ’s fees and costs should the Building & Construction Trades Council of Alameda CountyCounty and/or its affiliated unions (collectively, AFL-CIO ("“Unions"”) prevail in arbitration. With respect to any construction project which work that is subject to coverage of under the terms of the MAPLA in accordance with the following: (1) MAPLA:  Permittee shall assure that each construction project contractor with whom Permittee contracts (“prime contractorPrime Contractor”), before beginning its respective construction work, sign signs a Letter of Assent to the MAPLA; (2) ;  Permittee shall require by contract that each prime contractor Prime Contractor require that each subcontractor on performing said construction projectwork, regardless of tier, sign signs a Letter of Assent to the MAPLA; (3) ;  The Unions which are signatory to MAPLA are third party beneficiaries of Permittee’s obligations under this Section 36 Attachment “E” and are entitled to proceed with grievances and arbitration against Permittee under the MAPLA for Permittee’s breach of such obligations; and  Permittee may not assert that the Unions do not have standing to proceed with any such grievance or arbitration proceeding described above or to recover from Permittee damages, attorneys’ fees fees, and costs if Permittee breaches any such obligations. In the event the Port agrees to any revisions to MAPLA, MAPLA or enters into a new MAPLA, Port shall notify Permittee in writing of such revised or new MAPLA requirements and after requirements. After such written notice, such revised or new MAPLA requirements shall become part of this Section 36 Attachment “A” and shall supersede any conflicting requirements of this Section 36Attachment “A”, and Permittee shall be obligated to comply with such revised or new MAPLA requirements as fully as if they were set forth herein.