Common use of Noninfringement Clause in Contracts

Noninfringement. The Goods, Services, Deliverables, and Consultant’s performance under this Agreement do not infringe, or constitute an infringement, misappropriation or violation of, any third party’s intellectual property right. Prevailing Wage. Consultant warrants and certifies that it is aware of the provisions of California Labor Code section 1720 et seq. (“Prevailing Wage Laws”) that require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects, as set forth and defined therein. Since the Consultant may be performing Services as part of or in conjunction with an applicable “public works” or “maintenance” project, and since the total compensation may be One Thousand Dollars ($1,000) or more, the Consultant agrees to fully comply with, and to require its Sub-Consultant(s) to fully comply with, all applicable Prevailing Wage Laws including, without limitation, the terms of this Section. For purposes of this section, all references the term Contractor shall include Consultant. The Contractor and all Subcontractors under the Contractor shall pay all workers on Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council’s principal office. Prevailing wage rates are also available from the Judicial Council or on the internet at (xxxx://xxx. xxx.xx.xxx). Contractor shall ensure that Contractor and all of Contractor’s Subcontractors execute the Prevailing Wage and Related Labor Requirements Certification attached to the Contract and incorporated herein in Exhibit G. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the Project.

Noninfringement. The Goods, Services, Deliverables, and Consultant’s performance under this Agreement do not infringe, or constitute an infringement, misappropriation or violation of, any third party’s intellectual property right. Prevailing Wage. Consultant warrants and certifies that it is aware of the provisions of California Labor Code section 1720 et seq. (“Prevailing Wage Laws”) that require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects, as set forth and defined therein. Since the Consultant may be performing Services as part of or in conjunction with an applicable “public works” or “maintenance” project, and since the total compensation may be One Thousand Dollars ($1,000) or more, the Consultant agrees to fully comply with, and to require its Sub-Consultant(s) to fully comply with, all applicable Prevailing Wage Laws including, without limitation, the terms of this Section. For purposes of this section, all references the term Contractor shall include Consultant. The Contractor and all Subcontractors under the Contractor shall pay all workers on Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council’s principal office. Prevailing wage rates are also available from the Judicial Council or on the internet at (xxxx://xxx. xxx.xx.xxx). Contractor shall ensure that Contractor and all of Contractor’s Subcontractors execute the Prevailing Wage and Related Labor Requirements Certification attached to the Contract and incorporated herein in Exhibit G. herein. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the Project.

Noninfringement. The Goods, Services, Deliverables, and Consultant’s performance under this Agreement do not infringe, or constitute an infringement, misappropriation or violation of, any third party’s intellectual property right. Prevailing Wage. Consultant warrants and certifies that it is aware of the provisions of California Labor Code section 1720 et seq. (“Prevailing Wage Laws”) that require requires the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects, as set forth and defined therein. Since the Consultant may be performing Services as part of or in conjunction shall comply and ensure all subconsultants comply with an applicable “public works” or “maintenance” projectall required labor codes and regulations, and since the total compensation may be One Thousand Dollars ($1,000) or more, the Consultant agrees to fully comply with, and to require its Sub-Consultant(s) to fully comply with, all applicable including Prevailing Wage Laws including, without limitation, to the terms extent applicable. Copies of this Section. For purposes of this section, all references the term Contractor shall include Consultant. The Contractor and all Subcontractors under the Contractor shall pay all workers on Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at with the Judicial Council’s principal office, or may be accessed online at: xxxxx://xxx.xxx.xx.xxx/oprl/dprewagedetermination.htm. Prevailing wage rates are also available from the Judicial Council or on the internet at (xxxx://xxx. xxx.xx.xxx). Contractor shall ensure that Contractor and all of Contractor’s Subcontractors execute the In accordance with Prevailing Wage Laws, “public work” and Related Labor Requirements Certification attached to the Contract and incorporated herein in Exhibit G. The Project is “maintenance” projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor In addition, Consultant to the extent applicable, shall post job site noticescomply with Sections 1735, 1777.5 and 1777.6, forbidding discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Consultant or Subconsultants. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. Registration: As applicable, Consultant and its subconsultants shall comply with the registration and qualification requirements pursuant to sections 1725.5 and 1771.1 of the California Labor Code. Certified Payroll Records: Construction Manager and its subcontractor(s) shall keep accurate certified payroll records of employees, as prescribed by regulationapplicable, and shall make them available to the Judicial Council immediately upon request. Contractor shall ensure compliance with all certification requirements for all workers on the Project including, without limitation, the requirements for electrician certification in Labor Code sections 108 et seq. Consultant warrants and certifies that it is aware of the provisions of the California Labor Code that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with all requirements those provisions before commencing the performance of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the ProjectServices.