Common use of Project Labor Agreement Clause in Contracts

Project Labor Agreement. Tenant has been informed by Landlord of the following: (a) Catellus Development Corporation (“CDC”) and the individual members of the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which CDC agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor Agreement, as amended by the Addendum, shall be referred to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project agreement (a “Successor Project Labor Agreement”). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work with respect to the Project that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a Successor Project Labor Agreement (the form of which is attached hereto as Exhibit J). Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which Tenant or any of its contractors contract work with respect to the Project that is covered by the Project Labor Agreement to execute and deliver a Successor Project Labor Agreement. Tenant will cause its general contractor to execute the Successor Project Labor Agreement and shall deliver an executed original of the Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtained.

Project Labor Agreement. Tenant has been informed by Landlord of the following: (a) Catellus Development Corporation Perini Corporation, CDC and its parent, subsidiaries and successor developers in which it holds a majority interest (collectively, “CDCCDC Parties”) and the individual members of ), the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), and certain affiliated local unions originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which (i) CDC Parties agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the individual members of the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor Agreement, as amended by the Addendum, shall be referred to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project labor agreement (a “Successor Project Labor Agreement”, the form of which is attached hereto as Schedule 1 to this Exhibit F). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work with respect to the Project that which is covered by the Project Labor Agreement Covered Work to sign and become a party to the Project Labor Agreement through the execution and delivery of a Successor Project Labor Agreement (the form of which is attached hereto as Exhibit J)Agreement. Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which Tenant or any of its contractors contract work with respect to the Project that which is covered by the Project Labor Agreement Covered Work to execute and deliver a Successor Project Labor Agreement. If Tenant acts as a contractor, Tenant shall be required to sign a Successor Project Labor Agreement as project contractor. Tenant will cause its general contractor to execute the a Successor Project Labor Agreement prior to the commencement of any construction work on the Project and shall deliver an executed original of the each Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtained.

Project Labor Agreement. Tenant has been informed by Landlord As of the following: (a) Catellus Development Corporation (“CDC”) and the individual members date of the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which CDC agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor this Agreement, as amended by the Addendum, Grant Recipient shall be referred have presented to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as NYSERDA a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project agreement (a “Successor Project Labor Agreement”). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work plan outlining its intentions with respect to the Project negotiation of a PLA to cover construction of the Supply Chain Facility. NYSERDA should be kept reasonably apprised of negotiations as they proceed, and NYSERDA shall have the right to have one or more representatives attend negotiation sessions as it determines is in its best interests. A final form of PLA, agreed to by Grant Recipient and the trades, consistent with the description in Exhibit F to this Agreement shall be presented to NYSERDA for review and approval no later than three (3) months prior to the Commencement of Construction (unless extended by NYSERDA, which request for extension shall not be unreasonably withheld, conditioned, or delayed). NYSERDA may appoint a mediator of its own choosing who shall endeavor to assist the parties in their negotiations: (i) at any time upon mutual agreement of Grant Recipient and the trades; (ii) at the request of either Grant Recipient or the trades at any point after active negotiations on a PLA have been ongoing for no less than ninety (90) days or (iii) at the request of either Grant Recipient or the trades at any point more than one hundred eighty (180) days after the date of this Agreement. In the event that is covered mediation does not result in a final form of PLA agreed to by the Project Labor Agreement Grant Recipient and the trades within three (3) months of the date that the mediator is appointed, NYSERDA shall determine whether the time for negotiations should be extended. In the event that XXXXXXX decides not to sign and become a party to extend the Project Labor Agreement through the execution and delivery time for negotiation, NYSERDA may determine that, notwithstanding good faith efforts by Grant Recipient, satisfactory completion of a Successor Project Labor Agreement (the PLA negotiations is no longer practicable. NYSERDA’s review of any agreed-upon final form of which is attached hereto as Exhibit J). Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which Tenant or any PLA will be based on the specific terms of its contractors contract work the negotiated PLA and will take into account the best interests of NYSERDA with respect to the Project Project, and the public it serves, and will include consideration of project viability, the cost-effectiveness of the PLA, and the need for timely completion of the Supply Chain Facility. NYSERDA will complete and provide the results of such review to Grant Recipient within thirty (30) days or the final form of the PLA as presented shall be deemed approved. If NYSERDA disapproves the final form of PLA, NYSERDA will identify changes to the final form of each PLA that would render it approvable, and Grant Recipient will promptly resume negotiations with the trades. No more than sixty (60) days after such disapproval, so long as Grant Recipient and the trades have negotiated in good faith during that period, NYSERDA will render a determination regarding whether satisfactory completion of PLA negotiations is covered by no longer practicable. Xxxxx Recipient may appoint or delegate to a contractor or third party the Project Labor Agreement authority to execute and deliver a Successor Project Labor Agreement. Tenant will cause its general contractor to conduct negotiations and/or execute the Successor Project Labor Agreement PLA; however, the responsibility to comply with all the requirements of this VII will remain with Grant Recipient. Grant Recipient will be required to report quarterly on all eight items required in the PLA, as described in Exhibit F, including the number of in-state jobs provided, MWBE and shall deliver an executed original SDVOB employment statistics, education and apprenticeship programs, quantitative and qualitative data regarding engagement with, inter alia, New York labor groups which are reflective of ongoing compliance with the Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtainedPLA.

Project Labor Agreement. Tenant has been informed by Landlord of the following: (a) Catellus Development Corporation Perini Corporation, CDC and its parent, subsidiaries and successor developers in which it holds a majority interest (collectively, “CDCCDC Parties”) and the individual members of ), the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), and certain affiliated local unions originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which (i) CDC Parties agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the individual members of the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor Agreement, as amended by the Addendum, shall be referred to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project labor agreement (a “Successor Project Labor Agreement”, the form of which is attached hereto as Schedule 1 to this Exhibit 4.4.3). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work with respect to the Project that which is covered by the Project Labor Agreement Covered Work to sign and become a party to the Project Labor Agreement through the execution and delivery of a Successor Project Labor Agreement (the form of which is attached hereto as Exhibit J)Agreement. Accordingly, Tenant Xxxxxx hereby agrees that Tenant shall require any contractors to which Tenant or any of its contractors contract work with respect to the Project that which is covered by the Project Labor Agreement Covered Work to execute and deliver a Successor Project Labor Agreement. If Tenant acts as a contractor, Tenant shall be required to sign a Successor Project Labor Agreement as project contractor. Tenant will cause its general contractor to execute the a Successor Project Labor Agreement prior to the commencement of any construction work on the Project and shall deliver an executed original of the each Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtained.

Project Labor Agreement. Tenant has been informed by Landlord of the following: (a) Catellus Development Corporation (“CDC”) and the individual members of the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which CDC agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor Agreement, as amended by the Addendum, shall be referred to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project agreement (a “Successor Project Labor Agreement”). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work with respect to the Project that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a Successor Project Labor Agreement (the form of which is attached hereto as Exhibit JK). Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which Tenant or any of its contractors contract work with respect to the Project that is covered by the Project Labor Agreement to execute and deliver a Successor Project Labor Agreement. Tenant will cause its general contractor to execute the Successor Project Labor Agreement and shall deliver an executed original of the Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtained.

Project Labor Agreement. Tenant has been informed by Landlord of the following: (a) Catellus Development Corporation (“CDC”) and the individual members of the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which CDC agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor Agreement, as amended by the Addendum, shall be referred to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) Net Multi-Tenant Office/Laboratory 455 Mission Bay / Nektar - Page 2 of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project agreement (a “Successor Project Labor Agreement”). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which with whom Landlord contracts work with respect to the Project that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a Successor Project Labor Agreement (the form of which is attached hereto as Exhibit JI). Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which with whom Tenant or any of its contractors contract work with respect to the Project that is covered by the Project Labor Agreement to execute and deliver a Successor Project Labor Agreement. Tenant will cause its general contractor to execute the Successor Project Labor Agreement and shall deliver an executed original of the Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that neither Tenant nor Landlord shall have no any liability whatsoever if full execution of the Successor Project Labor Agreement is not obtained.

Project Labor Agreement. Tenant has been informed by Landlord As of the following: (a) Catellus Development Corporation (“CDC”) and the individual members date of the San Francisco Building and Construction Trades Council, AFL-CIO (“Council”), originally entered into a certain Mission Bay Project Agreement (the “Original Project Labor Agreement”) for the Mission Bay project on October 8, 1990, pursuant to which CDC agreed, to the fullest extent possible, to award all construction contracts in Mission Bay for “Covered Work” (as defined in the Original Project Labor Agreement) to unionized construction firms; and (b) in 2003, CDC and the Council entered into an Addendum to Agreement (“Addendum”) that amended certain terms of the Original Project Labor Agreement (the Original Project Labor this Agreement, as amended by the Addendum, Grant Recipient shall be referred have presented to as the “Project Labor Agreement”), pursuant to which CDC agreed that CDC would require, as NYSERDA a condition of any sale, conveyance, ground Net Multi-Tenant Office 455 Mission Bay/Twist Bioscience - Page 2 lease, or donation of real property covered by the Project Labor Agreement (“Covered Property”), that any and all successors in interest and/or assignees, buyers, ground lessees, or donees (any of the foregoing, a “Covered Successor”) of Covered Property shall require any contractors to which the Covered Successor contracts work that is covered by the Project Labor Agreement to sign and become a party to the Project Labor Agreement through the execution and delivery of a successor project agreement (a “Successor Project Labor Agreement”). Tenant acknowledges that the Project is Covered Property, that Landlord is a Covered Successor, and that Landlord has agreed to require any contractors to which Landlord contracts work plan outlining its intentions with respect to the Project negotiation of a PLA to cover construction of the Supply Chain Facility. NYSERDA should be kept reasonably apprised of negotiations as they proceed, and NYSERDA shall have the right to have one or more representatives attend negotiation sessions as it determines is in its best interests. A final form of PLA, agreed to by Grant Recipient and the trades, consistent with the description in Exhibit F to this Agreement shall be presented to NYSERDA for review and approval no later than three (3) months prior to the Commencement of Construction (unless extended by NYSERDA, which request for extension shall not be unreasonably withheld, conditioned, or delayed). NYSERDA may appoint a mediator of its own choosing who shall endeavor to assist the parties in their negotiations: (i) at any time upon mutual agreement of Grant Recipient and the trades; (ii) at the request of either Grant Recipient or the trades at any point after active negotiations on a PLA have been ongoing for no less than ninety (90) days or (iii) at the request of either Grant Recipient or the trades at any point more than one hundred eighty (180) days after the date of this Agreement. In the event that is covered mediation does not result in a final form of PLA agreed to by the Project Labor Agreement Grant Recipient and the trades within three (3) months of the date that the mediator is appointed, NYSERDA shall determine whether the time for negotiations should be extended. In the event that XXXXXXX decides not to sign and become a party to extend the Project Labor Agreement through the execution and delivery time for negotiation, NYSERDA may determine that, notwithstanding good faith efforts by Grant Recipient, satisfactory completion of a Successor Project Labor Agreement (the PLA negotiations is no longer practicable. NYSERDA’s review of any agreed-upon final form of which is attached hereto as Exhibit J). Accordingly, Tenant hereby agrees that Tenant shall require any contractors to which Tenant or any PLA will be based on the specific terms of its contractors contract work the negotiated PLA and will take into account the best interests of NYSERDA with respect to the Project Project, and the public it serves, and will include consideration of project viability, the cost-effectiveness of the PLA, and the need for timely completion of the Supply Chain Facility. NYSERDA will complete and provide the results of such review to Grant Recipient within thirty (30) days or the final form of the PLA as presented shall be deemed approved. If NYSERDA disapproves the final form of PLA, NYSERDA will identify changes to the final form of each PLA that would render it approvable, and Grant Recipient will promptly resume negotiations with the trades. No more than sixty (60) days after such disapproval, so long as Grant Recipient and the trades have negotiated in good faith during that period, NYSERDA will render a determination regarding whether satisfactory completion of PLA negotiations is covered by no longer practicable. Xxxxx Recipient may appoint or delegate to a contractor or third party the Project Labor Agreement authority to execute and deliver a Successor Project Labor Agreement. Tenant will cause its general contractor to conduct negotiations and/or execute the Successor Project Labor Agreement PLA; however, the responsibility to comply with all the requirements of this VII will remain with Grant Recipient. Grant Recipient will be required to report quarterly on all eight items required in the PLA, as described in Exhibit J, including the number of in-state jobs provided, MWBE and shall deliver an executed original SDVOB employment statistics, education and apprenticeship programs, quantitative and qualitative data regarding engagement with, inter alia, New York labor groups which are reflective of ongoing compliance with the Successor Project Labor Agreement to Landlord. Following Landlord’s receipt of such executed original of the Successor Project Labor Agreement, Landlord shall use commercially reasonable efforts to obtain full execution of the Successor Project Labor Agreement by the union signatories, but Tenant acknowledges that Landlord shall have no liability whatsoever if full execution of the Successor Project Labor Agreement is not obtainedPLA.