Common use of PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No Clause in Contracts

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 2011-4 Neither you nor any person or entity who directly or indirectly has an ownership or beneficial interest in you of more than 7.5% ("Owners"), spouses and domestic partners of such Owners, your Subcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor of more than 7.5% ("Sub-owners") and spouses and domestic partners of such Sub- owners (you and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee during (i) the bid or other solicitation process for this Agreement or Other Contract, including while this Agreement or Other Contract is executory, (ii) the term of this Agreement or any Other Contract between City and you, and/or (iii) any period in which an extension of this Agreement or Other Contract with the City is being sought or negotiated. You represent and warrant that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you or the date you approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You shall not: (a) coerce, compel or intimidate your employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse your employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4. Violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate this provision or Mayoral Executive Order No. 2011-4 prior to award of the Agreement resulting from this specification, the Commissioner may reject your bid. For purposes of this provision:

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 201105-4 Neither you nor 1) (A) Licensee agrees that Licensee, any person or entity who directly or indirectly has an ownership or beneficial interest in you Licensee of more than 7.5% 7.5 percent ("“Owners"”), spouses and domestic partners of such Owners, your Licensee’s Subcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor of more than 7.5% 7.5 percent ("“Sub-owners"”) and spouses and domestic partners of such Sub- Sub-owners (you Contractor and all the other preceding classes of persons and entities are together, the "“Identified Parties"”), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "“Mayor"”) or to his political fundraising fund-raising committee during (i) the bid after execution of this bid, proposal or other solicitation process for this Agreement or Other Contractby Licensee, including (ii) while this Agreement or any Other Contract is executory, (iiiii) during the term of this Agreement or any Other Contract between City Licensee and youthe City, and/or or (iiiiv) during any period in which while an extension of this Agreement or any Other Contract with the City is being sought or negotiated. You represent . (B) Licensee represents and warrant warrants that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you the Licensee or the date you the Licensee approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising fund-raising committee. You . (C) Licensee agrees that it shall not: (a) coerce, compel or intimidate your its employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising fund-raising committee; (b) reimburse your its employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising fund-raising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising fund-raising committee. The . (D) Licensee agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 201105-4 1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 201105-4. Violation 1. (E) Licensee agrees that a violation of, non-compliance with, with misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 201105-4 1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. . (F) If you violate Licensee violates this provision or Mayoral Executive Order No. 201105-4 1 prior to award of the Agreement resulting from this specification, the Commissioner Chief Procurement Officer may reject your Licensee’s bid. . (G) For purposes of this provision:

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 2011-4 Neither you nor You agree that you, any person or entity who directly or indirectly has an ownership or beneficial interest in you of more than 7.5% 7.5 percent ("Owners"), spouses and domestic partners of such Owners, your Subcontractorssubcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor subcontractors of more than 7.5% 7.5 percent ("“Sub-owners"”) and spouses and domestic partners of such Sub- Sub-owners (you and all the other preceding classes of persons and entities are together, the "“Identified Parties"”), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "“Mayor"”) or to his political fundraising committee during (i) the bid after execution of this bid, proposal or other solicitation process for this Agreement or Other Contractby you, including (ii) while this Agreement or any Other Contract is executory, (iiiii) during the term of this Agreement or any Other Contract between City you and youthe City, and/or or (iiiiv) during any period in which while an extension of this Agreement or any Other Contract with the City is being sought or negotiated. You represent and warrant that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you or the date you approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You agree that you shall not: (a) coerce, compel or intimidate your employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse your employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4. Violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate this provision or Mayoral Executive Order No. 2011-4 prior to award of the Agreement resulting from this specification, the Commissioner may reject your bid. For purposes of this provision:or

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 201105-4 Neither you nor 1. Tenant agrees that Tenant, any person or entity who directly or indirectly has an ownership or beneficial interest in you Tenant of more than 7.5% 7.5 percent ("Owners"), spouses and domestic partners of such Owners, your SubcontractorsTenant’s contractors (i.e., any person or entity in direct contractual privity with Tenant regarding the subject matter of this Agreement) (“Contractors”), any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor Contractor of more than 7.5% 7.5 percent ("“Sub-owners"”) and spouses and domestic partners of such Sub- Sub-owners (you Tenant and all the other preceding classes of persons and entities are together, the "“Identified Parties"”), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "“Mayor"”) or to his political fundraising committee during (i) the bid or other solicitation process for after execution of this Agreement or Other Contractby Tenant, including (ii) while this Agreement or any Other Contract is executory, (iiiii) during the term of this Agreement or any Other Contract between City Tenant and youthe City, and/or or (iiiiv) during any period in which while an extension of this Agreement or any Other Contract with the City is being sought or negotiated. You represent Tenant represents and warrant warrants that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you the Tenant or the date you Tenant approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You Tenant agrees that it shall not: (a) coerce, compel or intimidate your its employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse your its employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Tenant agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 201105-4 1 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-405- 1. Violation Tenant agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 201105-4 1 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including including, without limitation limitation, termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate Tenant intentionally violates this provision or Mayoral Executive Order No. 201105-4 1 prior to award the closing of the Agreement resulting from this specificationAgreement, the Commissioner City may reject your bidelect to decline to close the transaction contemplated by this Agreement. For purposes of this provision:: SAMPLE

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 201105-4 Neither you nor 1 You agree that you, any person or entity who directly or indirectly has an ownership or beneficial interest in you of more than 7.5% 7.5 percent ("Owners"), spouses and domestic partners of such Owners, your Subcontractorssubcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor subcontractors of more than 7.5% 7.5 percent ("“Sub-owners"”) and spouses and domestic partners of such Sub- Sub-owners (you and all the other preceding classes of persons and entities are together, the "“Identified Parties"”), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "“Mayor"”) or to his political fundraising committee during (i) the bid after execution of this bid, proposal or other solicitation process for this Agreement or Other Contractby you, including (ii) while this Agreement or any Other Contract is executory, (iiiii) during the term of this Agreement or any Other Contract between City you and youthe City, and/or or (iiiiv) during any period in which while an extension of this Agreement or any Other Contract with the City is being sought or negotiated. You represent and warrant that since the date of public advertisement of the specification, request for qualifications, request for proposals or request for information (or any combination of those requests) or, if not competitively procured, from the date the City approached you or the date you approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You agree that you shall not: (a) coerce, compel or intimidate your employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse your employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4. Violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate this provision or Mayoral Executive Order No. 2011-4 prior to award of the Agreement resulting from this specification, the Commissioner may reject your bid. For purposes of this provision:or

PROHIBITION ON CERTAIN CONTRIBUTIONS MAYORAL EXECUTIVE ORDER No. 2011-4 Neither you nor 4. Contractor agrees that Contractor, any person or entity who directly or indirectly has an ownership or beneficial interest in you Contractor of more than 7.5% 7.5 percent ("as used in this Section 10.4(h), “Owners"”), spouses and domestic partners of such Owners, your SubcontractorsContractor’s contractors (i.e., any person or entity in direct contractual privity with Contractor regarding the subject matter of this Agreement) (as used in this Section 10.4(h) “Contractors”), any person or entity who directly or indirectly has an ownership or beneficial interest in any Subcontractor Contractor of more than 7.5% 7.5 percent ("Sub-as used in this Section 10.4(h) “Sub- owners"”) and spouses and domestic partners of such Sub- Sub-owners (you Contractor and all the other preceding classes of persons and entities are together, together the "“Identified Parties"”), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "“Mayor"”) or to his political fundraising committee during (ia) the bid or other solicitation process for after execution of this Agreement or Other Contractby Contractor, including (b) while this Agreement or any Other Contract (as hereinafter defined) is executory, (iic) during the term of this Agreement or any Other Contract between City and youContract, and/or or (iiid) during any period in which while an extension of this Agreement or any Other Contract with the City is being sought or negotiated. You represent and warrant that since This provision shall not apply to contributions made prior to May 16, 2011, the effective date of public advertisement Executive Order 2011-4. Contractor represents and warrants that from the later of the specification(a) May 16, request for qualifications2011, request for proposals or request for information (or any combination of those requestsb) or, if not competitively procured, from the date the City approached you Contractor, or the date you Contractor approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee. You Contractor agrees that it shall not: (a) coerce, compel or intimidate your its employees to make a contribution of any amount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse your its employees for a contribution of any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee. The Contractor agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4. Violation Notwithstanding anything to the contrary contained herein, Contractor agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision Lease or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including including, without limitation limitation, termination for default) under this Agreement, and under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein. If you violate Contractor intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to award of the Agreement resulting from this specificationClosing, the Commissioner City may reject your bidelect to decline to close the transaction contemplated by this Agreement. For purposes of this provision: