Common use of NON-APPLICATION TO CERTAIN ENTITIES Clause in Contracts

NON-APPLICATION TO CERTAIN ENTITIES. ‌ This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of any Contractor which do not perform Project Work. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status among the NYSDOT and/or any Contractor. The Agreement shall not apply to the NYSDOT (except for Article 2, Section 6), or any state agency, authority, or other municipal or public entity and nothing contained herein shall be construed to prohibit or restrict the NYSDOT, or their operations contractors and/or employees or any county or state authority, agency or entity and its employees from performing on or off-site work related to the Project. As the contracts which comprise Project Work are completed and finally accepted by the NYSDOT, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check- out and/or warranty work are assigned in writing (copy to Local Union involved) by the Prime Contractor for explicit performance under the terms of this Agreement prior to final acceptance.

NON-APPLICATION TO CERTAIN ENTITIES. ‌ This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of any Contractor which do not perform Project Work. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status among the NYSDOT or its designee, the PC and/or any other Contractor. The Agreement shall not apply to the NYSDOT (except for Article 2, Section 6), or its designee or any state or federal agency, authority, or other municipal or public entity and nothing contained herein shall be construed to prohibit or restrict the NYSDOT or their employees or any NYSDOT, or their operations contractors and/or employees state or any county or state federal authority, agency or entity and its employees or Contractors from performing on or off-site work related to the Project. As the contracts which comprise Project Work are completed and finally accepted by the NYSDOTNYSDOT and/or its designee, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check- check-out and/or warranty work are assigned in writing (copy to Local Union involved) by the Prime Contractor PC for explicit performance under the terms of this Agreement prior to final acceptance.Agreement.‌

NON-APPLICATION TO CERTAIN ENTITIES. ‌ This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of any Contractor which do not perform Project Workwork at the Project. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status among NYSDOT, the NYSDOT Prime Contractor and/or any other Contractor. The Agreement shall not apply to the NYSDOT (except for Article 2, Section 6), or any state agency, authority, or other municipal or public entity and nothing contained herein shall be construed to prohibit or restrict the NYSDOT, NYSDOT or their operations contractors and/or its employees or any county NYSDOT or state authority, agency or entity and its employees from performing on or off-site work related to the Project. As the contracts which comprise the Project Work are completed and finally accepted by the NYSDOTaccepted, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check- check-out and/or warranty work are assigned designated in writing (copy to Local Union involved) by the Prime Contractor for explicit performance as work to be performed under the terms of this Agreement prior to final acceptanceAgreement.

NON-APPLICATION TO CERTAIN ENTITIES. ‌ This Agreement shall not apply to the parents, affiliates, subsidiaries, or other joint or sole ventures of any Contractor which do not perform Project Work. It is agreed, for the purposes of this Agreement only, that this Agreement does not have the effect of creating any joint employment, single employer or alter ego status among the NYSDOT Authority, the Construction Manager, and/or any Contractor. The Agreement shall not apply to the NYSDOT Authority (except for Article 2, Section 6), the Construction Manager, or any state agency, authority, or other municipal or public entity and nothing contained herein shall be construed to prohibit or restrict the NYSDOTAuthority, or their operations contractors and/or employees or any county Authority or state authority, agency or entity and its employees from performing on or off-site work related to the Project. As the contracts which comprise Project Work are completed and finally accepted by the NYSDOTAuthority, the Agreement shall not have further force or effect on such items or areas except where inspections, additions, repairs, modifications, check- check-out and/or warranty work are assigned in writing (copy to Local Union involved) by the Prime Contractor Construction Manager for explicit performance under the terms of this Agreement prior to final acceptance.