Common use of Project Work Clause in Contracts

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company will complete the Project Work in material accordance with the Plans and Specifications and Project Budget. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregate. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the Agency shall enter into, and accept the assignment of, such contracts as the Company may reasonably request to the extent necessary to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may be required to be inserted therein by such provisions.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material accordance with the Plans and Specifications and Project Budgetpay all costs and expenses therefor. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, in form and substance reasonably acceptable to the Agency and containing such exculpatory provisions as the Agency may require, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may that shall be required to be inserted therein by such provisions. The Company shall comply with the relevant policies of the Agency with respect to such laws, which are set forth as Exhibit G attached hereto. Except as provided in the preceding two sentences, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material accordance with the Plans and Specifications and Project Budgetpay all costs and expenses therefor. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, in form and substance reasonably acceptable to the Agency and containing such exculpatory provisions as the Agency may require, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may be required to be inserted therein by such provisions. The Company agrees to comply with the Agency’s “Construction Wage Policy,” a copy of which is attached hereto as Exhibit G and made a part hereof. Except as provided in the preceding sentence, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material accordance with the Plans and Specifications and Project Budgetpay all costs and expenses therefor. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency Agency, subject to the Mortgage, immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, in form and substance reasonably acceptable to the Agency and containing such exculpatory provisions as the Agency may require, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may that shall be required to be inserted therein by such provisions. The Company shall comply with the relevant policies of the Agency with respect to such laws, which are set forth as Exhibit G attached hereto. Except as provided in the preceding two sentences, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material accordance with the Plans and Specifications and information supplied to the Agency as part of the Project BudgetApplication Information. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may be required to be inserted therein by such provisions. The Company shall comply with the relevant policies of the Agency with respect to such laws, which are set forth as Exhibit G attached hereto. Except as provided in the preceding two sentences, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement. For the purposes of this Lease Agreement, it is understood that installation, placement, maintenance, servicing, cleaning and repair of the specialty equipment relating to the Company’s manufacture of bulk acoustic wave filters for use in wireless technology (e.g., MOCVD, etchers, trim tools, polishers, grinders, bonders, coaters, tapers, and related chillers) shall be “specialty work” and be exempt from the policies set forth in Exhibit G; provided however, the Company agrees that any routine maintenance to the building, grounds or non-specialty equipment (e.g., HVAC, plumbing, electrical) will be subject to the policies in Exhibit G and subject to the waiver process detailed therein.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material substantial accordance with the Plans and Specifications and Project Budgetpay all costs and expenses therefor. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee or leasehold title, as applicable, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Property. The Company shall execute, deliver and record or file all instruments reasonably necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, in form and substance reasonably acceptable to the Agency and containing such exculpatory provisions as the Agency may require, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may that shall be required to be inserted therein by such provisions. The Company shall comply with the relevant policies of the Agency with respect to such laws, which are set forth as Exhibit G attached hereto. Except as provided in the preceding two sentences, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement.

Project Work. (a) The Company agrees that, on behalf of the Agency, the Company it will complete the Project Work in material accordance with the Plans and Specifications and Project Budgetpay all costs and expenses therefor. (b) The Company may revise the Plans and Specifications and Project Budget from time to time without the consent or approval of the Agency; provided that the Phase 2B Facility shall retain its overall configuration and intended purposes and shall remain a “project” as defined in the Act and provided further that the Company shall notify the Agency of any reduction in the Project Budget relating to the acquisition, construction, renovation or equipping of the Facility by more than fifteen percent (15%) in the aggregateAct. (c) Except as set forth in Section 6.2 hereof, fee title to all Equipment, and or leasehold titletitle to the Land and Improvements, as applicablecomprising Phase 2B Facility, to all materials, equipment, machinery and other items of Property incorporated or installed in or placed in, upon, or under the Facility shall vest in the Agency immediately upon the Company’s obtaining an interest in or to the materials, equipment, machinery and other items of Propertytherein. The Company shall execute, deliver and record or file all instruments necessary or appropriate so as to vest such title in the Agency and shall take all action reasonably necessary or appropriate to protect such title against claims of any third Persons. (d) Subject to the provisions of this Lease Agreement, the The Agency shall enter into, and accept the assignment of, in form and substance reasonably acceptable to the Agency and containing such exculpatory provisions as the Agency may require, such contracts as the Company may reasonably request to the extent necessary in order to effectuate the purposes of this Section 3.4. (e) The Company, as agent for the Agency, shall comply in all material respects with all provisions of the Labor Law, the Executive Law and the Civil Rights Law of the State applicable to the completion of the Project Work and shall include in all construction contracts all provisions which may that shall be required to be inserted therein by such provisions. The Company shall comply with the relevant policies of the Agency with respect to such laws, which are set forth as Exhibit G attached hereto. Except as provided in the preceding two sentences, the provisions of this subsection do not create any obligations or duties not created by applicable law outside of the terms of this Lease Agreement.