Common use of Prevailing Wages and Working Conditions Clause in Contracts

Prevailing Wages and Working Conditions. Any undefined, initially-capitalized term used in this Section shall have the meaning given to such term in San Francisco Administrative Code Section 23.61. Tenant shall require its contractors and subcontractors performing ( i) labor in connection with a “public work” as defined under California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) or (ii ) Covered Construction to: (A) pay workers performing such work not less than the highest prevailing rate of wages, (B) provide the same hours, working conditions and benefits as in each case are provided for similar work performed in San Francisco County, and (C) employ apprentices in accordance with San Francisco Administrative Code Section 23.61 (collectively, “Prevailing Wage Requirements”). Tenant agrees to cooperate with the City in any action or proceeding against a contractor or subcontractor that fails to comply with the Prevailing Wage Requirements. Tenant shall include and shall require its subtenants, and contractors and subcontractors (regardless of tier), to include the Prevailing Wage Requirements and the agreement to cooperate in City enforcement actions in any Construction Contract with specific reference to San Francisco Administrative Code Section 23.61. Each such Construction Contract shall name the City and County of San Francisco, affected workers, and employee organizations formally representing affected workers as third party beneficiaries for the limited purpose of enforcing the Prevailing Wage Requirements, including the right to file charges and seek penalties against any contractor or subcontractor in accordance with San Francisco Administrative Code

Prevailing Wages and Working Conditions. Any undefined, initially-capitalized term used in this Section shall have the meaning given to such term in San Francisco Administrative Code Section 23.61. Tenant Developer shall require its contractors Contractors and subcontractors Subcontractors performing ( (i) labor in connection with a “public work” as defined under California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) or (ii ii) Covered Construction to: Construction, at the Site to (A1) pay workers performing such work not less than the highest prevailing rate Prevailing Rate of wagesWages, (B2) provide the same hours, working conditions and benefits as in each case are provided for similar work performed in San Francisco County, and (C3) employ apprentices Apprentices in accordance with San Francisco Administrative Code Section 23.61 (collectively, “"Prevailing Wage Requirements”"). Tenant Developer agrees to cooperate with the City in any action or proceeding against a contractor Contractor or subcontractor Subcontractor that fails to comply with the Prevailing Wage Requirements. Tenant Developer shall include include, and shall require its subtenants, and contractors Contractors and subcontractors Subcontractors (regardless of tier)) to include, to include the Prevailing Wage Requirements and the agreement to cooperate in City enforcement actions in any Construction Contract with specific reference to San Francisco Administrative Code Section 23.61. Each such Construction Contract shall name the City and County of San Francisco, affected workers, and employee organizations formally representing affected workers as third party beneficiaries for the limited purpose of enforcing the Prevailing Wage Requirements, including the right to file charges and seek penalties against any contractor Contractor or subcontractor Subcontractor in accordance with San Francisco Administrative CodeCode Section 23.61. Developer’s failure to comply with its obligations under this Section shall constitute a material breach of this Agreement. A Contractor’s or Subcontractor’s failure to comply with this Section will enable City to seek the remedies specified in San Francisco Administrative Code Section 23.61 against the breaching party. For the current Prevailing Rate of Wages, see xxx.xxxxx.xxx/xxxx or call the City’s Office of Labor Standards Enforcement at 000-000-0000. Employee Signature Authorization Ordinance The Hotel Component of the Project is subject to Administrative Code sections 23.50 through 23.56 (the Ordinance), which requires that the developer and the operator of a hotel or restaurant on City property enter into a card check agreement with any labor union that seeks to represent the employees of the developer or operator. The Ordinance applies to developers, operators, and any subcontractor that will manage or operate the Hotel Component of the Project and that has 50 or more employees. The Ordinance does not require that the selected Developer become a signatory to any union contract, but requires that any Hotel Component operator or subcontractor that is subject to the Ordinance shall adopt a card check procedure by which employees may elect to be represented by a labor union to act as their exclusive collective bargaining representative.

Prevailing Wages and Working Conditions. Any undefined, initially-capitalized term used in this Section shall have the meaning given to such term in San Francisco Administrative Code Section 23.61. Tenant shall Landlord agrees to require its contractors Contractors and subcontractors Subcontractors performing ( (i) labor in connection with the construction of a “public work” as defined under in California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) ), or (ii ii) Covered Construction to: at the Premises to (A1) pay workers performing such work not less than the highest prevailing rate Prevailing Rate of wagesWages, (B2) provide the same hours, working conditions and benefits as in each case are provided for similar work performed in San Francisco County, and (C3) employ apprentices Apprentices in accordance with San Francisco Administrative Code Section 23.61 (collectively, “Prevailing Wage Requirements”). Tenant Xxxxxxxx agrees to cooperate with the City in any action or proceeding against a contractor Contractor or subcontractor Subcontractor that fails to comply with the Prevailing Wage Requirements. Tenant Landlord shall include include, and shall require its subtenants, Contractors and contractors and subcontractors Subcontractors (regardless of tier)) to include, to include the Prevailing Wage Requirements and the agreement to cooperate in City enforcement actions in any Construction Contract with specific reference to San Francisco Administrative Code Section 23.61. Each such Construction Contract shall name the City and County of San Francisco, affected workers, and employee organizations formally representing affected workers as third party beneficiaries for the limited purpose of enforcing the Prevailing Wage Requirements, including the right to file charges and seek penalties against any contractor Contractor or subcontractor Subcontractor in accordance with San Francisco Administrative CodeCode Section 23.61. Landlord’s failure to comply with its obligations under this Section shall constitute a material breach of this Lease. A Contractor’s or Subcontractor’s failure to comply with this Section will enable the City to seek the remedies specified in San Francisco Administrative Code Section 23.61 against the breaching party.

Prevailing Wages and Working Conditions. Any undefined, initially-capitalized term used in this Section shall have the meaning given to such term in San Francisco Administrative Code Section 23.61. Tenant Developer shall require its contractors Contractors and subcontractors Subcontractors performing ( (i) labor in connection with a “public work” as defined under California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) or (ii ii) Covered Construction to: Construction, at the Site to (A1) pay workers performing such work not less than the highest prevailing rate Prevailing Rate of wagesWages, (B2) provide the same hours, working conditions and benefits as in each case are provided for similar work performed in San Francisco County, and (C3) employ apprentices Apprentices in accordance with San Francisco Administrative Code Section 23.61 (collectively, “"Prevailing Wage Requirements”"). Tenant Developer agrees to cooperate with the City in any action or proceeding against a contractor Contractor or subcontractor Subcontractor that fails to comply with the Prevailing Wage Requirements. Tenant Developer shall include include, and shall require its subtenants, and contractors Contractors and subcontractors Subcontractors (regardless of tier)) to include, to include the Prevailing Wage Requirements and the agreement to cooperate in City enforcement actions in any Construction Contract with specific reference to San Francisco Administrative Code Section 23.61. Each such Construction Contract shall name the City and County of San Francisco, affected workers, and employee organizations formally representing affected workers as third party beneficiaries for the limited purpose of enforcing the Prevailing Wage Requirements, including the right to file charges and seek penalties against any contractor Contractor or subcontractor Subcontractor in accordance with San Francisco Administrative CodeCode Section 23.61. Developer’s failure to comply with its obligations under this Section shall constitute a material breach of this Agreement. A Contractor’s or Subcontractor’s failure to comply with this Section will enable City to seek the remedies specified in San Francisco Administrative Code Section 23.61 against the breaching party. For the current Prevailing Rate of Wages, see xxx.xxxxx.xxx/xxxx or call the City’s Office of Labor Standards Enforcement at 000-000-0000.

Prevailing Wages and Working Conditions. Any undefined, initially-capitalized term used in this Section shall have the meaning given to such term in San Francisco Administrative Code Section 23.61. Tenant Licensee shall require its contractors and subcontractors performing ( i) labor in connection with a “public work” as defined under California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) or (ii ) Covered Construction to: (A) pay workers performing such work not less than the highest prevailing rate of wages, (B) provide the same hours, working conditions and benefits as in each case are provided for similar work performed in San Francisco County, and (C) employ apprentices in accordance with San Francisco Administrative Code Section 23.61 (collectively, “Prevailing Wage Requirements”). Tenant Licensee agrees to cooperate with the City in any action or proceeding against a contractor or subcontractor that fails to comply with the Prevailing Wage Requirements. Tenant Licensee shall include and shall require its subtenantssublicensees, and contractors and subcontractors (regardless of tier), to include the Prevailing Wage Requirements and the agreement to cooperate in City enforcement actions in any Construction Contract with specific reference to San Francisco Administrative Code Section 23.61. Each such Construction Contract shall name the City and County of San Francisco, affected workers, and employee organizations formally representing affected workers as third party beneficiaries for the limited purpose of enforcing the Prevailing Wage Requirements, including the right to file charges and seek penalties against any contractor or subcontractor in accordance with San Francisco Administrative CodeCode Section 23.61. Licensee’s failure to comply with its obligations under this Section shall constitute a material breach of this License. A contractor’s or subcontractor’s failure to comply with this Section will enable the City to seek the remedies specified in San Francisco Administrative Code Section 23.61 against the breaching party. Licensee shall also pay, and shall require its sublicensees, and contractors and subcontractors (regardless of tier) to pay, the Prevailing Rate of Wage for the following activities on the Premises as set forth in and to the extent required by San Francisco Administrative Code Chapter 21C: a Public Off-Street Parking Lot, Garage or Automobile Storage Facility (as defined in Section 21C.3), a Show (as defined in Section 21C.4), a Special Event (as defined in Section 21C.8), and Broadcast Services (as defined in Section 21C.9).