Common use of Non-liability of the Agency Clause in Contracts

Non-liability of the Agency. The Borrower and each Contractor acknowledge and agree that the procedures hereinafter set forth for dealing with violations of these Labor Standards are reasonable and have been anticipated by the parties in securing financing, in inviting, submitting and receiving bids for the construction of the Improvements, in determining the time for commencement and completion of construction and in proceeding with construction work. Accordingly the Borrower, and any Contractor, by proceeding with construction expressly waives and is deemed to have waived any and all claims against the Agency for damages, direct or indirect, arising out of these Labor Standards and their enforcement and including but not limited to claims relative to stop work orders, and the commencement, continuance or completion of construction. SAN FRANCISCO REDEVELOPMENT AGENCY N O T I C E T O E M P L O Y E E S EQUAL The contractor must take equal opportunity steps to OPPORTUNITY provide employment opportunities to minority group NON-DISCRIMI- persons and women and shall not discriminate on the NATION basis of age, ancestry, color, creed, disability, gender, national origin, race, religion or sexual orientation. PREVAILING You shall not be paid less than the wage rate attached WAGE to this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week, whichever is greater. APPRENTICES Apprentice rates apply only to employees registered under an apprenticeship or trainee program approved by the Bureau of Apprenticeship and Training or the California Division of Apprenticeship Standards. PROPER PAY If you do not receive proper pay, write the Office of Community Investment and Infrastructure, OCII 0 Xxxxx Xxx Xxxx Xxx. 5th Floor San Francisco, CA 94103 or call 000-0000 and ask for Xx. Xxxxxx Xxxxxxx Contract Compliance Specialist EXHIBIT E-4 Nondiscrimination in Contracts and Benefits HEALTH CARE ACCOUNTABILITY POLICY (HCAP) DECLARATION What the Policy does. The Office of Community Investment and Infrastructure (“OCII”) (as Successor Agency to the Redevelopment Agency) adopted the San Francisco Health Care Accountability Policy (the “HCAP”), which became effective on September 25, 2001. The HCAP requires contractors and subcontractors that provide services to OCII, contractors and subcontractors that enter into leases with OCII, and parties providing services to tenants and sub-tenants on OCII property to choose between offering health plan benefits to their employees or making payments to OCII or directly to their employees. Specifically, contractors can either: (1) offer the employee minimum standard health plan benefits approved by the OCII Commission; (2) pay OCII $4.50 per hour for each hour the employee works on the covered contract or subcontract or on property covered by a lease (but not to exceed $180 in any week) and OCII will appropriate the money for staffing and other resources to provide medical care for the uninsured (rates and amounts effective July 1, 2015 and subject to annual change). The OCII may require contractors to submit reports on the number of employees affected by the HCAP. Effect on OCII contracting. For contracts and amendments signed on or after September 25, 2001, the HCAP will have the following effect:  in each contract, the contractor will agree to abide by the HCAP and to provide its employees the minimum benefits the HCAP requires, and to require its subcontractors to do the same.  if a contractor does not provide the HCAP’s minimum benefits, OCII can award a contract to that contractor only if the contract is exempt under the HCAP, or if the contract has received a waiver from OCII. What this form does. Your signed declaration will help OCII’s contracting practice. Sign this form if you can assure OCII that, beginning with the first OCII’s contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the HCAP to your covered employees, and will ensure that your subcontractors also subject to the HCAP do the same. If you cannot make this assurance now, please do not return this form. For more information, please see the complete text of the HCAP, available from the OCII’s Contract Compliance Department at: (000) 000-0000.

Non-liability of the Agency. The Borrower and each Contractor acknowledge and agree that the procedures hereinafter set forth for dealing with violations of these Labor Standards are reasonable and have been anticipated by the parties in securing financing, in inviting, submitting and receiving bids for the construction of the Improvements, in determining the time for commencement and completion of construction and in proceeding with construction work. Accordingly the Borrower, and any Contractor, by proceeding with construction expressly waives and is deemed to have waived any and all claims against the Agency for damages, direct or indirect, arising out of these Labor Standards and their enforcement and including but not limited to claims relative to stop work orders, and the commencement, continuance or completion of construction. SAN FRANCISCO REDEVELOPMENT AGENCY N O T I C E T O E M P L O Y E E S EQUAL The contractor must take equal opportunity steps to OPPORTUNITY provide employment opportunities to minority group NON-DISCRIMI- persons and women and shall not discriminate on the NATION basis of age, ancestry, color, creed, disability, gender, national origin, race, religion or sexual orientation. PREVAILING You shall not be paid less than the wage rate attached WAGE to this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week, whichever is greater. APPRENTICES Apprentice rates apply only to employees registered under an apprenticeship or trainee program approved by the Bureau of Apprenticeship and Training or the California Division of Apprenticeship Standards. PROPER PAY If you do not receive proper pay, write the Office of Community Investment and Infrastructure, OCII 0 Xxxxx Xxx Xxxx Xxx. 5th Floor San Francisco, CA 94103 or call 000-0000 and ask for Xx. Xxxxxx Xxxxxxx Contract Compliance Specialist EXHIBIT E-4 Nondiscrimination in Contracts and Benefits HEALTH CARE ACCOUNTABILITY POLICY (HCAP) DECLARATION What the Policy does. The Office of Community Investment and Infrastructure (“OCII”) (as Successor Agency to the Redevelopment Agency) adopted the San Francisco Health Care Accountability Policy (the “HCAP”), which became effective on September 25, 2001. The HCAP requires contractors and subcontractors that provide services to OCII, contractors and subcontractors that enter into leases with OCII, and parties providing services to tenants and sub-tenants on OCII property to choose between offering health plan benefits to their employees or making payments to OCII or directly to their employees. Specifically, contractors can either: (1) offer the employee minimum standard health plan benefits approved by the OCII Commission; (2) pay OCII $4.50 per hour for each hour the employee works on the covered contract or subcontract or on property covered by a lease (but not to exceed $180 in any week) and OCII will appropriate the money for staffing and other resources to provide medical care for the uninsured (rates and amounts effective July 1, 2015 and subject to annual change). The OCII may require contractors to submit reports on the number of employees affected by the HCAP. Effect on OCII contracting. For contracts and amendments signed on or after September 25, 2001, the HCAP will have the following effect:  • in each contract, the contractor will agree to abide by the HCAP and to provide its employees the minimum benefits the HCAP requires, and to require its subcontractors to do the same.  • if a contractor does not provide the HCAP’s minimum benefits, OCII can award a contract to that contractor only if the contract is exempt under the HCAP, or if the contract has received a waiver from OCII. What this form does. Your signed declaration will help OCII’s contracting practice. Sign this form if you can assure OCII that, beginning with the first OCII’s contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the HCAP to your covered employees, and will ensure that your subcontractors also subject to the HCAP do the same. If you cannot make this assurance now, please do not return this form. For more information, please see the complete text of the HCAP, available from the OCII’s Contract Compliance Department at: (000) 000-0000.

Non-liability of the Agency. The Borrower MJM Management Group and each Contractor acknowledge and agree that the procedures hereinafter set forth for dealing with violations of these Labor Standards are reasonable and have been anticipated by the parties in securing financing, in inviting, submitting and receiving bids for the construction of the Improvementscapital improvements, in determining the time for commencement and completion of construction capital improvements and in proceeding with construction workthe capital improvements. Accordingly the BorrowerMJM Management Group, and any Contractor, by proceeding with construction the capital improvements expressly waives and is deemed to have waived any and all claims against the Agency for damages, direct or indirect, arising out of these Labor Standards and their enforcement and including but not limited to claims relative to stop work orders, and the commencement, continuance or completion of constructionthe capital improvements. SAN FRANCISCO REDEVELOPMENT AGENCY N O T I C E T O E M P L O Y E E S EQUAL The contractor must take equal opportunity steps to provide OPPORTUNITY provide employment opportunities to minority group persons NON-DISCRIMI- persons and women and shall not discriminate on the NATION basis of NATION age, ancestry, color, creed, disability, gender, national origin, race, religion or sexual orientation. PREVAILING You shall not be paid less than the wage rate attached WAGE to this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week, whichever is greater. APPRENTICES Apprentice rates apply only to employees registered under an apprenticeship or trainee program approved by the Bureau of Apprenticeship and Training or the California Division of Apprenticeship Standards. PROPER PAY If you do not receive proper pay, write the Office of Community Investment and Infrastructure, OCII San Francisco Redevelopment Agency 0 Xxxxx Xxx Xxxx Xxx. 5th Xxxxxx, Floor 5 San Francisco, CA 94103 or call 000-0000 and ask for Xx. Xxxxxx Xxxxxxx Contract Compliance Specialist EXHIBIT E-4 Nondiscrimination in Contracts and Benefits HEALTH CARE ACCOUNTABILITY POLICY (HCAP) DECLARATION What the Policy does. The Office of Community Investment and Infrastructure (“OCII”) (as Successor Agency to the Redevelopment Agency) adopted the San Francisco Health Care Accountability Policy (the “HCAP”), which became effective on September 25, 2001. The HCAP requires contractors and subcontractors that provide services to OCII, contractors and subcontractors that enter into leases with OCII, and parties providing services to tenants and subat 415-tenants on OCII property to choose between offering health plan benefits to their employees or making payments to OCII or directly to their employees. Specifically, contractors can either: (1) offer the employee minimum standard health plan benefits approved by the OCII Commission; (2) pay OCII $4.50 per hour for each hour the employee works on the covered contract or subcontract or on property covered by a lease (but not to exceed $180 in any week) and OCII will appropriate the money for staffing and other resources to provide medical care for the uninsured (rates and amounts effective July 1, 2015 and subject to annual change). The OCII may require contractors to submit reports on the number of employees affected by the HCAP. Effect on OCII contracting. For contracts and amendments signed on or after September 25, 2001, the HCAP will have the following effect:  in each contract, the contractor will agree to abide by the HCAP and to provide its employees the minimum benefits the HCAP requires, and to require its subcontractors to do the same.  if a contractor does not provide the HCAP’s minimum benefits, OCII can award a contract to that contractor only if the contract is exempt under the HCAP, or if the contract has received a waiver from OCII. What this form does. Your signed declaration will help OCII’s contracting practice. Sign this form if you can assure OCII that, beginning with the first OCII’s contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the HCAP to your covered employees, and will ensure that your subcontractors also subject to the HCAP do the same. If you cannot make this assurance now, please do not return this form. For more information, please see the complete text of the HCAP, available from the OCII’s Contract Compliance Department at: (000) 000749-0000.2400 ATTACHMENT 9

Non-liability of the Agency. The Borrower MJM Management Group and each Contractor acknowledge and agree that the procedures hereinafter set forth for dealing with violations of these Labor Standards are reasonable and have been anticipated by the parties in securing financing, in inviting, submitting and receiving bids for the construction of the Improvementscapital improvements, in determining the time for commencement and completion of construction capital improvements and in proceeding with construction workthe capital improvements. Accordingly the BorrowerMJM Management Group, and any Contractor, by proceeding with construction the capital improvements expressly waives and is deemed to have waived any and all claims against the Agency for damages, direct or indirect, arising out of these Labor Standards and their enforcement and including but not limited to claims relative to stop work orders, and the commencement, continuance or completion of constructionthe capital improvements. SAN FRANCISCO REDEVELOPMENT AGENCY N O T I C E T O E M P L O Y E E S EQUAL The contractor must take equal opportunity steps to provide OPPORTUNITY provide employment opportunities to minority group persons NON-DISCRIMI- persons and women and shall not discriminate on the NATION basis of NATION age, ancestry, color, creed, disability, gender, national origin, race, religion or sexual orientation. PREVAILING You shall not be paid less than the wage rate attached WAGE to this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 8 a day or 40 a week, whichever is greater. APPRENTICES Apprentice rates apply only to employees registered under an apprenticeship or trainee program approved by the Bureau of Apprenticeship and Training or the California Division of Apprenticeship Standards. PROPER PAY If you do not receive proper pay, write the Office of Community Investment and Infrastructure, OCII San Francisco Redevelopment Agency 0 Xxxxx Xxx Xxxx Xxx. 5th Xxxxxx, Floor 5 San Francisco, CA 94103 or call Contract Compliance Specialist Xxxxxxxx Xxxxxx at 000-000-0000 and ask for Xx. Xxxxxx Xxxxxxx Contract Compliance Specialist EXHIBIT E-4 Nondiscrimination in Contracts and Benefits HEALTH CARE ACCOUNTABILITY POLICY (HCAP) DECLARATION What the Policy does. The Office of Community Investment and Infrastructure (“OCII”) (as Successor Agency to the Redevelopment Agency) adopted the San Francisco Health Care Accountability Policy (the “HCAP”), which became effective on September 25, 2001. The HCAP requires contractors and subcontractors that provide services to OCII, contractors and subcontractors that enter into leases with OCII, and parties providing services to tenants and sub-tenants on OCII property to choose between offering health plan benefits to their employees or making payments to OCII or directly to their employees. Specifically, contractors can either: (1) offer the employee minimum standard health plan benefits approved by the OCII Commission; (2) pay OCII $4.50 per hour for each hour the employee works on the covered contract or subcontract or on property covered by a lease (but not to exceed $180 in any week) and OCII will appropriate the money for staffing and other resources to provide medical care for the uninsured (rates and amounts effective July 1, 2015 and subject to annual change). The OCII may require contractors to submit reports on the number of employees affected by the HCAP. Effect on OCII contracting. For contracts and amendments signed on or after September 25, 2001, the HCAP will have the following effect:  in each contract, the contractor will agree to abide by the HCAP and to provide its employees the minimum benefits the HCAP requires, and to require its subcontractors to do the same.  if a contractor does not provide the HCAP’s minimum benefits, OCII can award a contract to that contractor only if the contract is exempt under the HCAP, or if the contract has received a waiver from OCII. What this form does. Your signed declaration will help OCII’s contracting practice. Sign this form if you can assure OCII that, beginning with the first OCII’s contract or amendment you receive after September 25, 2001 and until further notice, you will provide the minimum benefit levels specified in the HCAP to your covered employees, and will ensure that your subcontractors also subject to the HCAP do the same. If you cannot make this assurance now, please do not return this form. For more information, please see the complete text of the HCAP, available from the OCII’s Contract Compliance Department at: (000) 000-0000.ATTACHMENT