Common use of PROVISIONS APPLICABLE TO ALL FUNDS Clause in Contracts

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreementstrust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and costs, fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, LegalTraining, Training or Supplemental Retirement Legal and Savings SRSP Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with a security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There Employees shall be no Employer contributions to the Funds on behalf have a waiting period of employees during their first ninety (90) days before becoming eligible to be participants in the Funds and no contribution shall be made on behalf of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Fundsemployees over the 90-day period. 4. Effective as of January 1, 2016, any contributions and benefits required hereunder (except SRSF) shall be increased by any amount and in the same manner as contributions and benefits may be increased in the Commercial Building Agreement to succeed the presently effective 2012 Commercial Building Agreement, and if in said successor agreement service fees are required to be paid, the same fees shall be required to be paid hereunder; provided, however, (i) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 effective anytime in 2016) shall not exceed $20.80 per week per employee; and (ii) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 effective anytime in 2017) shall not otherwise exceed $23.20 per week per employee. 5. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any the calendar year years beginning January 1, 2015, January 1, 2016, January 1, 2017 and January 1, 2018, to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. 32.1 If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Fund’s Trust Agreements, Agreements and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, court costs, fees and court costs. interest 32.2 Any Employer employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments to the Funds may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. 32.3 The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law. 32.4 The Employer hereby adopts the Funds’ Trust Agreements to be bound thereby, including any amendments thereto as if same were incorporated at length as part of this Agreement. A copy of each said Trust Agreement has been exhibited and which shall in delivered to the Employer herein mentioned. 32.5 The Employer agrees that should there be any case provide that employees whose work comes within claim by the jurisdiction Union or any of the Union (which Trust Funds of any discrepancies or disputes concerning payment by the Employer to the respective Fund that they or their representative shall not be considered have the right, on reasonable notice, to include anyone examine the Employer’s payroll books, hours or work records, or other records pertaining to the number of employees and/or hours worked or paid. 32.6 The parties agree that, in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by event that the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents President of the RAB and Local 32BJ may determineRealty Advisory Board on Labor Relations, Inc. determine in their discretion and upon their mutual consent, prior consent to change the portion of contributions allocated to the beginning Xxxxxx Xxxxxxxx Training, Scholarship and Safety Fund and the Building Service 32BJ Legal Services Fund, the Employer shall adopt the same reallocation effective thirty (30) days following notification by the Union of any calendar year such reallocation; provided that the total amounts contributed to allocate any portion such Funds collectively pursuant to such reallocation shall not exceed the amounts that would otherwise be contributed to such Funds collectively pursuant to this Agreement in the absence of the scheduled contributions in any of the Funds to any other Fundssuch reallocation.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. (a) If the any Employer fails to make file required reports or and/or payments to the FundsNorth Health Fund, North Pension Fund, North Legal Services Fund, Xxxxxx Xxxxxxxx Training Fund or the Supplemental Retirement Savings Plan, the Trustees of the respective Funds or the Union may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in at the Funds’ Trust Agreementsrate of ten percent (10%) per annum, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees fees, and court costs. . (b) Any Employer regularly or consistently delinquent in HealthNorth Health Fund, PensionNorth Pension Fund, LegalNorth Legal Services Fund, Xxxxxx Xxxxxxxx Training Fund or the Supplemental Retirement and Savings Fund Plan, payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with a security guaranteeing or prompt payment remittance of such payments. 2. By agreeing (c) The Employer agrees to make available to the required payments into the FundsNorth Health Fund, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended North Pension Fund, North Legal Services Fund, Xxxxxx Xxxxxxxx Training Fund and the rules Supplemental Retirement Savings Plan, any and regulations adopted or hereafter adopted by all records of employees hired, classification of employees, names, social security numbers and account of wages paid, that the Trustees of each Fund respective Funds may require in connection with the provision sound and administration of benefits and the collection of contributions. The Trustees efficient operation of the Funds shall make such amendments respective funds. (d) No contributions will be due or owing to the Trust Agreements, and Pension Fund for any employee who is terminated during the trial period. Employees shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction have a waiting period of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employmentbefore becoming eligible to participate in the North Health, except as provided in Article XXIXxxxxx Xxxxxxxx Training, Section 10(b) below, with respect to North Legal Funds and the Building Service Pension and Supplemental Retirement Savings FundsPlan, and no contributions shall be made to such Funds on behalf of the employees during the waiting period. Employees who return to work within ninety-one (91) days of termination for any reason shall have no new waiting period and Employer contributions shall commence immediately, as required by the ACA. 4. (e) The parties agree that Union, after meeting with and receiving recommendation from the Presidents actuaries, trustees, and fund attorneys, shall be permitted to reallocate the foregoing contribution or any portion thereof among one or more of the RAB foregoing funds on a prospective basis only upon written notification to and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion written consent of the scheduled contributions Association. (f) Consistent with the policy of each Fund, the Funds shall make all published policies, rules and procedures available upon request to any participating Employer in any each Fund. (g) The Union and Employer shall discuss, through consultation with representatives of the relevant Funds, possible revisions to Fund provision language as recommended by the Funds to any other Fundstrustees.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Fund’s Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed by their Employer has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President Presidents of the Union and the RAB’s President. 3. There shall be no Employer contributions contribution to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXIXVI, Section 10(b) below12(b), with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree that the Presidents of the Union and RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years beginning January 1, 2016, January 1, 2017, January 1, 2018 and January 1, 2019 to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided provid- ed in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited lim- ited to counsel fees, arbitration costs and fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments pay- ments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter here- after adopted by the Trustees of each Fund in connection with the provision and administration administra- tion of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction juris- diction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement agree- ment with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety three (903) days months of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar contract year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ ' Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s 's jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employmentdays, except as provided in Article XXI, Section 10(b11(c) belowabove, with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree There is presently an Agreement between the Union and the RAB which provides that the Presidents of the RAB and Local 32BJ Union may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years January 1, 2016, January 1, 2017, January 1, 2018, and January 1, 2019, to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreementstrust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and costs, fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, LegalTraining, Training or Supplemental Retirement Legal and Savings SRSP Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with a security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There Employees shall be no Employer contributions to the Funds on behalf have a waiting period of employees during their first ninety (90) days before becoming eligible to be participants in the Funds and no contribution shall be made on behalf of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Fundsemployees over the 90- day period. 4. Effective as of January 1, 2020, any contributions and benefits required hereunder (except SRSF) shall be increased by any amount and in the same manner as contributions and benefits may be increased in the Commercial Building Agreement to succeed the presently effective 2016 Commercial Building Agreement, and if in said successor agreement service fees are required to be paid, the same fees shall be required to be paid hereunder; provided, however, (i) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 effective anytime in 2020) shall not exceed $17.56 per week per employee; and (ii) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 effective anytime in 2021) shall not otherwise exceed $18.31 per week per employee. 5. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Fund’s Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed by their Employer has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President Presidents of the Union and the RAB’s President. 3. There shall be no Employer contributions contribution to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXIXVI, Section 10(b) below12(b), with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree that the Presidents of the Union and RAB and Local 32BJ may determine, in their the Presidents’ discretion and upon mutual consent, prior to the beginning of any calendar year to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s 's jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXIXIII, Section 10(b12(b) below, with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate immed iate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ ' Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration arbitratio n costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate appro priate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The T he Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s 's jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employmentdays, except as provided in Article XXI, Section 10(b11(c) belowabove, with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree There is presently an agreement between the Union and the RAB which provides that the Presidents of the RAB and Local 32BJ Union may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years January 1, 2016, January 1, 2017, January 1, 2018, and January 1, 2019, to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Funds Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, or Training or Supplemental Retirement and Savings Fund fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Health, Pension and Training Funds on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXI, Section 10(b) below, with respect . The Employer shall contribute to the Building Service Pension Funds on behalf of all eligible employees in the manner and Supplemental Retirement Savings Funds. 4amounts established in the Economic Zone Addenda. The parties agree that, in the event that the Presidents President of the RAB Union and Local 32BJ may determinethe President of the Realty Advisory Board on Labor Relations, Inc. determine in their discretion and upon their mutual consent, prior consent to change the portion of contributions allocated to the beginning Xxxxxx Xxxxxxxx Training, Scholarship and Safety Fund and the Building Service 32BJ Legal Services Fund, the Employer shall adopt the same reallocation effective 30 days following notification by the Union of any calendar year such reallocation; provided that the total amounts contributed to allocate any portion such Funds collectively pursuant to such reallocation shall not exceed the amounts that would otherwise be contributed to such Funds collectively pursuant to this Agreement in the absence of such reallocation. When the scheduled contributions Parties agree the Employer made a good faith error in any of the Funds electronic reporting system for employees changing from part-time to any other Fundsfull-time status, they will jointly request a waiver by the affected fund(s) for liquidated damages so long as the case has not proceeded to arbitration or been filed in court. The requested waiver does not apply to interest applied by the fund(s) for late payments.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreementstrust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and costs, fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, LegalTraining, Training or Supplemental Retirement Legal and Savings SRSP Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with a security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There Employees shall have a waiting period of three months before becoming eligible to be participants in the Funds and no contribution shall be no Employer made on behalf of the employees over the three month period. 4. Effective as of January 1, 2012, any contributions and benefits required hereunder (except SRSF) shall be increased by any amount and in the same manner as contributions and benefits may be increased in the Commercial Building Agreement to succeed the presently effective 2008 Commercial Building Agreement, and if in said successor agreement service fees are required to be paid, the same fees shall be required to be paid hereunder; provided, however, (i) the aggregate increase in contributions to the Funds on behalf Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of employees during their first ninety the application of the provisions of Section A.4 or Section B.7 (902)) days of employmenteffective anytime in 2012, except as provided shall not exceed $15 per week per employee; and (ii) the aggregate increase in Article XXI, Section 10(b) below, with respect contributions to the Building Service Health Fund and Pension and Supplemental Retirement Savings FundsFund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 (2)) effective anytime in 2013 shall not otherwise exceed $15 per week per employee. 45. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any the calendar year years beginning January 1, 2011, January 1, 2012, January 1, 2013 and January 1, 2014, to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessarynec- xxxxxx, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Fund’s Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent xxxxx- xxxxx in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments pay- ments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration adminis- tration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction juris- diction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed their Employer has a collective collec- tive bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President Presidents of the Union and the RAB’s President. 3. There shall be no Employer contributions contribution to the Funds on behalf of employees during their first ninety three (903) days months of employment, except as provided in Article XXIXVI, Section 10(b) below12(b), with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree that the Presidents of the Union and RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years beginning January 1, 2012, January 1, 2013, January 1, 2014 and January 1, 2015 to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreementstrust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and costs, fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, LegalTraining, Training or Supplemental Retirement Legal and Savings SRSF Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with a security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There Employees shall have a waiting period of ninety (90) days before becoming eligible to be participants in the Funds, with the sole exception of participating in the Training Fund, and no contribution shall be no Employer contributions to the Funds made on behalf of employees during their first ninety (90) days of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds90 day period. 4. Effective as of January 1, 2024, any contributions and benefits required hereunder (except SRSF) shall be increased by any amount and in the same manner as contributions and benefits may be increased in the Commercial Building Agreement to succeed the presently effective 2020 Commercial Building Agreement, and if in said successor agreement service fees are required to be paid, the same fees shall be required to be paid hereunder; provided, however, (i) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7) effective anytime in 2024, shall not exceed $17.38 per week per covered employee; and (ii) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7) effective anytime in 2025 shall not otherwise exceed $17.85 per week per covered employee. 5. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year year, to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employmentdays, except as provided in Article XXI, Section 10(b11(c) belowabove, with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree There is presently an Agreement between the Union and the RAB which provides that the Presidents of the RAB and Local 32BJ Union may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.contract years January 1, 2016,

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessaryneces- sary, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Fund’s Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent xxxxx- xxxxx in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments pay- ments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration adminis- tration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction juris- diction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed their Employer has a collective collec- tive bargaining agreement with the Union. Any dispute dis- pute about the Union’s jurisdiction shall be settled by the President Presidents of the Union and the RAB’s President. 3. There shall be no Employer contributions contribution to the Funds on behalf of employees during their first ninety three (903) days months of employment, except as provided in Article XXIXIV, Section 10(b) below12(b), with respect to the Building Service Pension and Supplemental Retirement and Savings Funds. 4. The parties agree that the Presidents of the Union and RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years beginning January 1, 2008, January 1, 2009, January 1, 2010 and January 1, 2011 to allocate divert any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided provid- ed in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited lim- ited to counsel fees, arbitration costs and fees and court costs. Any Employer regularly or consistently delinquent xxxxx- xxxxx in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection connec- tion with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments amend- ments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety three (903) days months of employment, except as provided in Article XXIXIX, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year the contract years January 1, 2008, January 1, 2009, January 1, 2010 and January 1, 2011, to allocate divert any portion of the scheduled contributions con- tributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreementstrust agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and costs, fees and court costs. Any Employer regularly or consistently delinquent in Health, Pension, LegalTraining, Training or Supplemental Retirement Legal and Savings SRSP Fund payments may be required, at the option of the Trustees of the Funds, to provide the appropriate Trust Fund with a security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of the Union and the RAB’s President. 3. There Employees shall be no Employer contributions to the Funds on behalf have a waiting period of employees during their first ninety (90) days before becoming eligible to be participants in the Funds and no contribution shall be made on behalf of employment, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Fundsemployees over the 90-day period. 4. Effective as of January 1, 2020, any contributions and benefits required hereunder (except SRSF) shall be increased by any amount and in the same manner as contributions and benefits may be increased in the Commercial Building Agreement to succeed the presently effective 2016 Commercial Building Agreement, and if in said successor agreement service fees are required to be paid, the same fees shall be required to be paid hereunder; provided, however, (i) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 (2)) effective anytime in 2020, shall not exceed $17.56 per week per employee; and (ii) the aggregate increase in contributions to the Health Fund and Pension Fund (including for this purpose any such contributions that would be payable if not for the reductions thereof by virtue of the application of the provisions of Section A.4 or Section B.7 (2)) effective anytime in 2021 shall not otherwise exceed $18.31 per week per employee. 5. The parties agree that the Presidents of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to the beginning of any calendar year year, to allocate any portion of the scheduled contributions in any of the Funds to any other Funds.

PROVISIONS APPLICABLE TO ALL FUNDS. 1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including including, but not limited to to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including including, but not limited to to, counsel fees, arbitration costs and fees fees, and court costs. Any Employer regularly or consistently delinquent in Health, Pension, Legal, Training or Supplemental Retirement and Savings Fund payments may be required, at the option of the Trustees of the Funds, Funds to provide the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by the Trustees of each Fund in connection with the provision and administration of benefits and the collection of contributions. The Trustees of the Funds shall make such amendments to the Trust Agreements, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s 's jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 3. There shall be no Employer contributions to the Funds on behalf of employees during their first ninety (90) days of employment, except Except as otherwise provided in Article XXIXIII, Section 10(b) below12(b), with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents , employees shall have a waiting period of the RAB and Local 32BJ may determine, ninety (90) days before becoming eligible to participate in their discretion and upon mutual consent, prior to the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds and no contribution shall be made on behalf of employees during the ninety (90) day period. However, notwithstanding the foregoing, newly hired employees shall be eligible to any other Fundsparticipate in the Training Fund upon their date of hire.

PROVISIONS APPLICABLE TO ALL FUNDS. 116.1. If the Employer fails to make required reports or payments to the Funds, the Trustees may in their sole and absolute discretion take any action necessary, including but not limited to immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds’ Trust Agreements, and any and all expenses of collection, including but not limited to counsel fees, arbitration costs and fees, court costs, fees and court costsinterest. Any Upon admission by the Employer, or upon a decision or award in any step of the Grievance Procedure set forth in Article 4, that the Employer regularly has failed within the time prescribed in Section 2.6 to remit to the Union all sums deducted from employees as monthly dues, assessments, or consistently delinquent in Health, Pension, Legal, Training initiation fees or Supplemental Retirement and Savings Fund payments may be required, at the option of to transmit to the Trustees of the Welfare Fund and/or the Legal Services Fund, respectively, the contributions to such Funds, to provide and after persistence of any such delinquency for a period of thirty (30) days following written notice of the appropriate Trust Fund with security guaranteeing prompt payment of such payments. 2. By agreeing to make the required payments into the Funds, the Employer hereby adopts and shall be bound delinquency given by the Agreement and Declaration of Trust as it may be amended and the rules and regulations adopted or hereafter adopted by Union and/or the Trustees of each the said Funds, as the case may be, to the Employer and BOLR, the Union may, after giving at least two (2) business days’ notice to the manager of the particular building or complex/campus involved and notwithstanding the No Strike provisions in this Agreement, strike the Employer, in the particular Building involved, to enforce such payments without regard to the No Strike clause, should the Union so choose. 16.2. If the Employer fails to remit dues, agency fees, initiation fees, ADF or other Political Action Fund contributions, and other assessments (collectively, “dues”) required to be remitted pursuant to the Collective Bargaining Agreement for three (3) or more months during the terms of this Agreement, regardless of whether or not those months are consecutive, the Union may refer the matter to the Grievance Committee under Article 4, which will consider the matter at its next monthly meeting. If the matter is not resolved by the Grievance Committee, the Union may seek expedited arbitration to collect the unpaid dues. In any expedited arbitration under this section, if the Union prevails in connection any part of its claim for unpaid dues, the full fee for the arbitration shall be borne by the Employer and the arbitrator shall award interest in the amount, if any, established in this Agreement. For the purposes of this section, an expedited arbitration must be held no later than fourteen (14) calendar days from the date of the written demand for arbitration made by the Union. The arbitrator shall be selected from the panel of arbitrators established under Section 4.1, Step 4 on a rotating basis in alphabetical order by surname until an arbitrator available to hold a hearing within such fourteen (14)-day period is found. If no arbitrator is available within the established time period, the patties shall select the arbitrator with the provision and administration earliest available date. The arbitrator shall not grant any adjournments except on mutual consent of benefits the parties. Any expedited arbitration hearing held pursuant to this section shall continue from day to day until completed, and the collection parties shall not be permitted to submit post-hearing briefs. The arbitrator shall issue an opinion and award within seven (7) days of contributionsthe close of the hearing. 16.3. The Trustees of the Funds shall make such amendments to the Trust AgreementsAgreement, and shall adopt such regulations regulations, as may be required to conform to applicable law, and which shall in any case provide that employees whose work comes within the jurisdiction of the Union (which shall not be considered to include anyone in an important managerial position) may only be covered for benefits if the building in which they are employed has a collective bargaining agreement with the Union. Any dispute about the Union’s jurisdiction shall be settled by the President of Arbitrator if the Union and the RAB’s Presidentparties cannot agree. 316.4. There Employees shall be no Employer contributions to the Funds on behalf have a waiting period of employees during their first ninety (90) days of employmentbefore becoming eligible to be participants in the Funds, except as provided in Article XXI, Section 10(b) below, with respect to the Building Service Pension and Supplemental Retirement Savings Funds. 4. The parties agree that the Presidents no contributions shall be made on behalf of the RAB and Local 32BJ may determine, in their discretion and upon mutual consent, prior to employees over the beginning of any calendar year to allocate any portion of the scheduled contributions in any of the Funds to any other Fundsninety (90)-day period.