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QUANTA SERVICES INC, QUANTA SERVICES MANAGEMENT ...

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<strong>QUANTA</strong> <strong>SERVICES</strong>, <strong>INC</strong>. AND SUBSIDIARIES<br />

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS — (Continued)<br />

Performance Bonds and Parent Guarantees<br />

In certain circumstances, Quanta is required to provide performance bonds in connection with its contractual<br />

commitments. Quanta has indemnified its sureties for any expenses paid out under these performance bonds. As<br />

of December 31, 2011, the total amount of outstanding performance bonds was approximately $2.18 billion, and<br />

the estimated cost to complete these bonded projects was approximately $722.5 million.<br />

Quanta, from time to time, guarantees the obligations of its wholly owned subsidiaries, including<br />

obligations under certain contracts with customers, certain lease obligations and, in some states, obligations in<br />

connection with obtaining contractors’ licenses. Quanta is not aware of any material obligations for performance<br />

or payment asserted against it under any of these guarantees.<br />

Employment Agreements<br />

Quanta has various employment agreements with certain executives and other employees, which provide for<br />

compensation and certain other benefits and for severance payments under certain circumstances. Certain<br />

employment agreements also contain clauses that become effective upon a change of control of Quanta. Quanta<br />

may be obligated to pay certain amounts to employees upon the occurrence of any of the defined events in the<br />

various employment agreements.<br />

Collective Bargaining Agreements<br />

Several of Quanta’s operating units are parties to various collective bargaining agreements with unions that<br />

represent certain of their employees. The collective bargaining agreements expire at various times and have<br />

typically been renegotiated and renewed on terms similar to those in the expiring agreements. The agreements<br />

require the operating units to pay specified wages, provide certain benefits to their union employees and<br />

contribute certain amounts to multi-employer pension plans and employee benefit trusts. Quanta’s multiemployer<br />

pension plan contribution rates generally are specified in the collective bargaining agreements (usually<br />

on an annual basis), and contributions are made to the plans on a “pay-as-you-go” basis based on its union<br />

employee payrolls, which cannot be determined for future periods because the location and number of union<br />

employees that Quanta employs at any given time and the plans in which they may participate vary depending on<br />

the projects Quanta has ongoing at any time and the need for union resources in connection with those projects.<br />

The Pension Protection Act of 2006 also added special funding and operational rules generally applicable to<br />

plan years beginning after 2007 for multi-employer plans that are classified as “endangered,” “seriously<br />

endangered” or “critical” status based on a multitude of factors (including, for example, the plan’s funded<br />

percentage, cash flow position and whether it is projected to experience a minimum funding deficiency). Plans in<br />

these classifications must adopt measures to improve their funded status through a funding improvement or<br />

rehabilitation plan, which may require additional contributions from employers (which may take the form of a<br />

surcharge on benefit contributions) and/or modifications to retiree benefits. Certain plans to which Quanta<br />

contributes are in “endangered,” “seriously endangered” or “critical” status. The amount of additional funds, if<br />

any, that Quanta may be obligated to contribute to these plans in the future cannot be estimated, as such amounts<br />

will likely be based on future levels of work that require the specific use of those union employees covered by<br />

these plans, and the amount of that future work and the number of affected employees that may be needed cannot<br />

reasonably be estimated.<br />

Quanta may be subject to additional liabilities imposed by law as a result of its participation in multiemployer<br />

defined benefit pension plans. For example, the Employee Retirement Income Security Act of 1974, as<br />

amended by the Multi-Employer Pension Plan Amendments Act of 1980, imposes certain liabilities upon an<br />

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