TranSystems Corporation - LGM Construction

H-8
compliance, and at such times as Landlord may reasonably request,
while construction is ongoing.
(v) Construction activities shall be considered ongoing until a NOT
and post-construction Best Management Practices plan (if
required) are filed with and approved by the California Regional
Water Quality Control Board (“RWQCB”) as provided by the
Construction General Permit.
(vi) If the Site is not in compliance with this Section as a result of the
actions of Contractor, FedEx shall, at Contractor’s cost, promptly
take all action necessary to bring the Site into compliance. Upon
receipt of any enforcement action against Landlord for alleged
violation of the Construction General Permit, whether by a 60-day
notice letter from a citizen pursuant to 42 U.S.C. Section 1365(a),
or by a notice of violation, a notice to comply, cease and desist
order, cleanup and abatement order or other formal or informal
enforcement action from the RWQCB, Landlord or FedEx may, at
their election, take all action reasonably necessary, for a period up
to six months, to bring the Site into compliance with the
Construction General Permit and applicable Environmental Laws,
and recover all costs from Contractor.
(vii) Maintain Records. Contractor shall retain for a period of five years
after their creation, all documents and records prepared in
association with the Construction General Permit. Contractor shall
make all such non-privileged documents and records available to
Landlord and FedEx upon reasonable terms and conditions.
(c) Documents: Contractor shall promptly deliver to FedEx and Landlord, upon
preparation or receipt, a copy of each and every report, document required by the
Clean Water Act, any correspondence received from or transmitted to any
governmental agency by Contractor concerning storm water matters and
compliance with applicable Environmental Laws, and any notice or claim alleging
noncompliance with applicable Environmental Laws concerning the premises.
16. Prevailing Wage Requirements. To the extent applicable to Contractor, a
Subcontractor or the performance of the Work, Contractor, and any Subcontractor,
shall comply with the Prevailing Wage Requirements set forth in Attachment B.
17. Maritime and Aviation Project Labor Agreement. Any construction project for which
the Landlord approves a permit for construction (the “subject permit”), that exceeds
$50,000 when considered together with the value of all construction projects on the
premises or on any site leased by Lessee for which the Landlord had approved a
permit within a 12 month period before the date of the subject permit, is subject to