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TranSystems Corporation - LGM Construction

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obligated to sign any other local, area or national agreement as a condition of<br />

performing work within the scope of this Agreement.<br />

Section 5. This Agreement shall only be binding upon the signatory parties hereto and shall not<br />

apply to the parents, affiliates, subsidiaries, or other ventures of any such party.<br />

Nothing in this Section shall be construed to limit or prevent the Unions or fringe<br />

benefit trust funds from asserting or enforcing legal rights to collect delinquent<br />

contributions from Contractors signatory to this Agreement or their related entities.<br />

Section 6. This Agreement shall be limited to the on-site construction work within the scope of<br />

this Agreement, as set forth in Section 1 of this Article, for which bids have been<br />

advertised, invitations to bid have been made, or solicitations for proposals from<br />

contractors or subcontractors have been issued on and after the effective date of this<br />

Agreement, including, specifically, site preparation and related demolition and<br />

deconstruction work. Nothing contained herein shall be construed to prohibit,<br />

restrict, or interfere with the performance of any other operation, work or function<br />

awarded to any contractor before the effective date of this Agreement or which may<br />

be performed by the Owner for its own account on the property or in and around the<br />

construction site.<br />

Section 7. It is understood that the liability of the Contractor and the liability of the separate<br />

Unions under this Agreement shall be several and not joint. The Unions agree that<br />

this Agreement does not have the effect of creating any joint employment status<br />

between or among the Owner or DSI/PCI and/or any Contractor, except in a case<br />

when DSI/PCI terminates or directs the termination of the employee of a Contractor.<br />

Section 8. None of the provisions of this Agreement shall be construed to prohibit or restrict<br />

the Port or its employees from performing work not covered by this Agreement on<br />

or around the construction site. As areas of covered work are accepted by the<br />

Owner, the Agreement shall have no further force or effect on such items or areas<br />

except where the Contractor is directed by the Owner to engage in repairs or punch<br />

list modifications.<br />

Section 9. It is understood that the Owner, at its sole option, may terminate, delay or suspend<br />

any and all portions of the covered work at any time.<br />

ARTICLE III<br />

SOCIAL JUSTICE COMMITTEE<br />

The Parties have agreed to various provisions of the Agreement to achieve the inclusion<br />

of historically disadvantaged businesses and individuals in the contracting and employment<br />

opportunities created by the covered work. In order to implement and monitor the progress of<br />

these social justice provisions, the Port and the Unions, in recognition of their mutual<br />

commitment to and the partnership they have established to achieve those goals, shall form a<br />

Social Justice Committee. The Social Justice Committee will serve as the central forum for<br />

PORT OF OAKLAND MARITIME AND AVIATION PLA<br />

10

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