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TranSystems Corporation - LGM Construction

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H-3<br />

collective bargaining agreement or other contract or understanding a notice prescribed<br />

by Landlord advising the labor union or workers’ representative of Contractor’s and<br />

the Subcontractor’s obligations arising by reason of this Exhibit. Contractor shall<br />

post, and shall cause each Subcontractor to post, copies of that notice in conspicuous<br />

places available to employees and applicants for employment.<br />

6. Contractor shall maintain, and shall cause each Subcontractor to maintain, workforce<br />

records showing all employees by job category and similar information with respect<br />

to new hires and shall permit, and shall cause each Subcontractor to permit, Landlord<br />

to inspect such records at all reasonable times and not less than annually. Contractor<br />

shall submit, and shall cause each Subcontractor to submit, a summary of such<br />

information annually on an EEO-1 form that Landlord provides.<br />

7. If the total number of Contractor’s employees working at the Site exceeds 15,<br />

Contractor shall comply with the Non-Discrimination Plan for Employment attached<br />

to this Addendum as Attachment A. If the total number of any Subcontractor’s<br />

employees working at the Site exceeds 15, Contractor shall cause that Subcontractor<br />

to comply with the Non-Discrimination Plan for Employment attached to this Exhibit<br />

as Attachment A.<br />

8. Contractor shall comply, and shall cause each Subcontractor to comply, with pertinent<br />

statutes, Executive Orders and such rules as are promulgated to assure that no person<br />

will be excluded from participating in any activity conducted in furtherance of the<br />

performance of the Work at the Site on the grounds of race, creed, color, national<br />

origin, sex, age (over 40) or handicap.<br />

9. The United States Government or one or more of its agencies may require Landlord<br />

from time to time to adopt additional or amended provisions, including nondiscrimination<br />

provisions, concerning the use and operation of the Oakland<br />

International Airport. If, upon the advise of the Landlord’s attorney, Landlord<br />

unilaterally modifies the Lease in order to conform to Federal Aviation<br />

Administration, Department of Transportation or Federal Trade Commission rulings<br />

or opinions or opinions or judicial rulings or opinions with respect to the matters<br />

covered by this Exhibit, FedEx may likewise unilaterally modify this Agreement in<br />

order to conform to those rulings or opinions. If FedEx unilaterally modifies this<br />

Agreement on the authority of the foregoing, Contractor shall unilaterally modify each<br />

Subcontract then in force to conform with this Agreement, as so modified. While the<br />

foregoing does not preclude Contractor or a Subcontractor from contesting any such<br />

ruling or opinion or its application to it, Contractor and the Subcontractors must<br />

nevertheless abide by the unilateral change.<br />

10. In connection with the performance of the Work, Contractor may not discriminate,<br />

and shall ensure that no Subcontractor discriminates, against any professional service,<br />

Subcontractor, prospective Subcontractor or vendor because of race, color, religion,<br />

sex, national origin, ancestry, age (over 40), physical or mental disability, cancer-

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