Common use of Compliance with Prevailing Wage Requirements Clause in Contracts

Compliance with Prevailing Wage Requirements. Landlord shall abide by all prevailing wage requirements applicable to the Landlord Improvement work set forth herein, to the extent applicable to Landlord. If required by applicable law, Landlord shall pay, or cause to be paid, prevailing wages, for all construction work on the Project. For the purposes of this Agreement, “prevailing wages” means not less than the general prevailing rate of per diem wages, as defined in Section 1773 of the California Labor Code and Subchapter 3 of Chapter 8, Division 1, Title (of the California Code of Regulations (Section 160000 et. seq.), and as established by the Director of the California Department of Industrial Relations (“DIR”), for the respective craft classification. In any case where the prevailing wage is established by the DIR, the general prevailing rate of per diem wages shall be adjusted annual in accordance with the established rate in effect as of such date. Landlord shall indemnify, hold harmless and defend (with counsel reasonably acceptable to Tenant) Tenant against any claims for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Landlord, its contractor and subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et. seq. and implementing regulations or comply with the other applicable provisions of Labor Code Sections 1720 et. seq. and implementing regulations of the Department of Industrial Relations in connection with the construction of the Landlord Improvements. Landlord agrees that Tenant has fulfilled any obligation it may have with respect to informing Landlord regarding applicability of prevailing wage requirements, and Landlord shall not seek contribution or indemnity from Tenant for any prevailing wage amount Landlord is ultimately required to pay to any person or entity. Any amounts due from Landlord to Tenant under the foregoing provision, together with interest thereon at the maximum legal rate from the date incurred by Tenant, may be offset against Rental payments due under this Agreement

Compliance with Prevailing Wage Requirements. Landlord (a) The Project is a “public work” as this term is defined in Labor Code Section 1720. All employees of both the Owner and any employee of Owner’s contractors and their subcontractors, who perform construction work described in the Agreement relative to the Project, shall abide be compensated at prevailing wage rates and the Owner for itself and its contractors and subcontractors, shall pay prevailing wage rates under California and Federal law, as applicable, in performance of any such construction work. (b) The Owner recognizes and is aware of the existence of State legislation adopted by the California Legislature in 2001 and generally referred to as SB975 and the present provisions contained in Labor Code Section 1720, et seq. The Owner shall prepare and maintain, or cause each of its construction contractors and subcontractors to prepare and maintain certified payroll records for all work of improvement undertaken by the Owner on the Project. The Owner shall provide the Agency with copies of all certified payroll records as prepared and maintained by the Owner and its contractors and subcontractors, for all work of improvement undertaken by the Owner on the Project within ten (10) days following written request thereof as provided in Labor Code Section 1776. The Owner shall cause to be included in all of its third-party construction contracts relating to the construction and improvement of the Project suitable provisions which compel its contractors and each subcontractor to pay not less than prevailing wages to their employees engaged in the work of improvement of the Project and to provide the Agency with copies of the certified payroll records maintained by such contractors and subcontractors upon ten (10) days written notice of request for inspection by the Agency. (c) The Agency shall never be responsible for the payment of any sums under Labor Code Section 1720, et seq., or other prevailing wage requirements applicable as the result of the activities of the Owner and the development and improvement of the Project. The Owner shall indemnify and hold harmless the Agency and all officers, officials, employees, consultants and attorneys of the Agency with respect to all such prevailing wage compliance issues arising out of the Landlord Improvement work set forth herein, activities of the Owner acquiring portions of the Project Site from the Agency or the Master Developer pursuant to this Agreement in constructing the extent applicable Project or other public improvements under this Agreement or other agreements between the Owner and third parties. The Owner agrees to Landlord. If required by applicable law, Landlord shall pay, or cause apprise in writing all third parties seeking to be paid, prevailing wages, for all provide labor and construction work on the Project. For Project as to the purposes provisions of this Agreement, “Section 6.15 and the compliance required pursuant to State law regarding the payment of prevailing wages” means not less than the general prevailing rate of per diem wages, as defined in Section 1773 of the California Labor Code and Subchapter 3 of Chapter 8, Division 1, Title (of the California Code of Regulations (Section 160000 et. seq.), and as established Any indemnifications received by the Director of the California Department of Industrial Relations (“DIR”), for the respective craft classification. In any case where the prevailing wage is established by the DIR, the general prevailing rate of per diem wages shall be adjusted annual in accordance with the established rate in effect as of Owner from such date. Landlord shall indemnify, hold harmless and defend (with counsel reasonably acceptable to Tenant) Tenant against any claims for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Landlord, its contractor and subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et. seq. and implementing regulations or comply with the other applicable provisions of Labor Code Sections 1720 et. seq. and implementing regulations of the Department of Industrial Relations in connection with the construction of the Landlord Improvements. Landlord agrees that Tenant has fulfilled any obligation it may have with respect to informing Landlord regarding applicability of prevailing wage requirements, and Landlord third parties shall not seek contribution or indemnity from Tenant for any prevailing wage amount Landlord is ultimately required relieve the Owner of its indemnification obligations to pay to any person or entity. Any amounts due from Landlord to Tenant under the foregoing provision, together with interest thereon at the maximum legal rate from the date incurred by Tenant, may be offset against Rental payments due under this AgreementAgency.