Common use of Prevailing Wage Requirements Clause in Contracts

Prevailing Wage Requirements. To the extent, and if, required by applicable federal and state laws, rules and regulations, DEVELOPER and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER shall submit to CITY a plan for monitoring payment of prevailing wages and shall implement such plan at DEVELOPER’s expense. DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold the CITY, and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of DEVELOPER related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DEVELOPER’s indemnification obligations under this Section shall not apply to any Claim which arises as a result of an Indemnitee’s gross negligence or willful misconduct.

Prevailing Wage Requirements. To the extent, and if, If required by applicable federal and state lawslaw, rules and regulations, DEVELOPER Developer and its contractors contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (and if applicable, the federal Xxxxx Xxxxx Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER If applicable, Developer shall submit to CITY City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan at DEVELOPER’s expenseand comply with all applicable reporting and recordkeeping requirements. DEVELOPER To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel approved by CITYCity) and hold the CITY, and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) Indemnitees harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which Claims that directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of DEVELOPER Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DEVELOPERDeveloper’s indemnification obligations under set forth in this Section shall not apply to any Claim which arises as a result of an Indemnitee’s Claims to the extent arising from the gross negligence or willful misconductmisconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. To the extentThe parties hereto agree that Developer, contractors and if, required by applicable federal and state laws, rules and regulations, DEVELOPER agents shall pay prevailing wages on all Project construction. Developer and its contractors and agents shall comply with all applicable federal and state labor laws and standards, including California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (collectively referred to herein as the “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER shall submit to CITY a plan for monitoring payment of prevailing wages and shall implement such plan at DEVELOPER’s expense. DEVELOPER Developer shall indemnify, defend (with counsel reasonably approved by CITYAgency) and hold the CITYAgency, the City, and its their respective elected and appointed officers, officials, employees, agents, consultants, and contractors representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of DEVELOPER Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason For the purposes of this indemnity and hold harmless agreement because Section, the term construction of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of Project shall include all improvement activities that may constitute "construction" under Labor Code Section 1720 et seq. The Developer shall cause the insurance policies described in this Agreementcontractor and subcontractors to keep and retain such records as are necessary to determine if such prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq. The provisions of this Section 3.16 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DEVELOPER’s indemnification obligations under this Section shall not apply to any Claim which arises as a result of an Indemnitee’s gross negligence or willful misconduct.

Prevailing Wage Requirements. To the extent, (a) The Lessee shall and if, required by applicable federal and state laws, rules and regulations, DEVELOPER and shall cause its contractors and agents shall comply with California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER shall submit subcontractors to CITY a plan for monitoring payment of pay prevailing wages and shall implement such plan at DEVELOPER’s expense. DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold the CITY, and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the ProjectImprovements as those wages are determined pursuant to Labor Code Sections 1720 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), to employ apprentices as required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the DIR and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., 1810-1815 and implementing regulations of the DIR. (b) All calls for bids, bidding materials and the construction contract documents for the construction of the Improvements must specify that: (1) No contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the construction of the Improvements unless registered with the DIR pursuant to Labor Code Section 1725.5. (2) The Development is subject to compliance monitoring and enforcement by the DIR. (c) The Lessee, as the "awarding body", shall register the construction of the Improvements as required by Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within two (2) days after entering into the construction contract and provide evidence of such registration to the Lessor within two (2) days of such registration and any additional registration reporting to the DIR. (d) In accordance with Labor Code Sections 1725.5 and 1771.1, The Lessee shall require that its contractors and subcontractors be registered with the DIR, and maintain such registration as required by the DIR. (e) Pursuant to Labor Code Section 1771.4, the failure construction of the Improvements is subject to compliance monitoring and enforcement by the DIR. The Lessee shall and shall require its contractors and subcontractors to submit payroll and other records electronically to the DIR pursuant to Labor Code Sections 1771.4 and 1776 et seq., or in such other format as required by the DIR. (f) The Lessee shall and shall cause its contractors and subcontractors to keep and retain such records as are necessary to determine if prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq., and that apprentices have been employed as required by Labor Code Section 1777.5 et seq., and shall, from time to time upon the request of the Lessor provide to the Lessor such records and other documentation reasonably requested by the Lessor. (g) The Lessee shall and shall cause its respective contractors and subcontractors to comply with any state or federal labor lawsall other applicable provisions of Labor Code, including without limitation, Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and implementing regulations or standards of the DIR in connection with this Agreement, including but not limited to construction of the Prevailing Wage Laws, Improvements or any act other work undertaken or omission in connection with the Land and the Leased Premises. (h) Copies of DEVELOPER related to this Agreement with respect to the payment or requirement of payment of currently applicable current per diem prevailing wages or are available from the requirement of competitive biddingDIR website, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DEVELOPER’s indemnification obligations under this Section shall not apply to any Claim which arises as a result of an Indemnitee’s gross negligence or willful misconductxxx.xxx.xx.

Prevailing Wage Requirements. To the extent, and if, required by applicable federal and state laws, rules and regulations, DEVELOPER Developer and its contractors contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (and if applicable, the federal Xxxxx Xxxxx Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER If applicable, Developer shall submit to CITY City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan at DEVELOPER’s expenseand comply with all applicable reporting and recordkeeping requirements. DEVELOPER To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel reasonably approved by CITYCity) and hold the CITY, and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) Indemnitees harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which Claims that directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of DEVELOPER Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DEVELOPERDeveloper’s indemnification obligations under set forth in this Section shall not apply to any Claim which arises as a result of an Indemnitee’s Claims to the extent arising from the gross negligence or willful misconductmisconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. To the extent, and if, If required by applicable federal and state lawslaw, rules and regulations, DEVELOPER Borrower and its contractors contractors, subcontractors and agents shall comply with California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (and if applicable the federal Xxxxx Xxxxx Act and implementing regulations) (all of the foregoing, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. DEVELOPER If applicable, Borrower shall submit to CITY City a plan for monitoring payment of prevailing wages and at Borrower’s expense shall implement such plan at DEVELOPER’s expenseand comply with all applicable reporting and recordkeeping requirements. DEVELOPER To the greatest extent allowed by law, Xxxxxxxx shall indemnify, defend (with counsel approved by CITYCity) and hold the CITY, City and its respective elected and appointed elected officials, officers, officialsdirectors, employees, agents, consultants, designated volunteers and contractors (all of the foregoing, collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of DEVELOPER Borrower related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section 5.3 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion Occupancy for the Project. DEVELOPERBorrower’s indemnification obligations under set forth in this Section shall not apply to any Claim which arises as a result of an Indemnitee’s Claims to the extent arising from the gross negligence or willful misconductmisconduct of the Indemnitees and are subject to the additional terms set forth in Section 11.2 below.