TranSystems Corporation - LGM Construction

H-9
coverage under the terms of the Landlord’s Maritime and Aviation Project Labor
Agreement (“MAPLA”) as it applies to Landlord’s tenants. Failure to utilize
MAPLA could lead to grievance and arbitration and the potential for damages,
attorney’s fees and costs should the Building & Construction Trades Council of
Alameda County, AFL CIO (“Unions”) prevail in arbitration. With respect to any
construction project which is subject to coverage of the terms of the MAPLA in
accordance with the following:
(a) Contractor shall, before beginning the Work, sign a Letter of Assent to the
MAPLA;
(b) Contractor shall require its Subcontractors on the Work, regardless of tier, to sign
a Letter of Assent to the MAPLA;
(c) The Unions which are signatory to be MAPLA are third party beneficiaries of
Contractor’s obligations under this Addendum and are entitled to proceed with
grievances and arbitration against Contractor under the MAPLA for Contractor’s
breach of such obligations; and
(d) Contractor may not assert that the Unions do not have standing to proceed with
any such grievance or arbitration proceeding described above or to recover from
Contractor damages, attorneys’ fees and costs if Contractor breaches any such
obligations.
In the event Landlord agrees to any revisions to MAPLA, or enters into a new
MAPLA, Landlord or FedEx shall notify Contractor in writing of such revised or new
MAPLA requirements and after such written notice, such revised or new MAPLA
requirements shall become part of this Exhibit and shall supersede any conflicting
requirements of this Exhibit, and Contractor shall be obligated to comply with such
revised or new MAPLA requirements as fully as if they were set forth herein.