1041 KRAEMER PLACE ANAHEIM CA 92806 714.630.8580 714.630.0430 FAX
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2 Severability. The invalidity of unenforceability of any provision hereof shall in no
way affect the validity or enforceability of any other provision. If any portion of
this Agreement is held invalid by an arbitrator, a court of competent jurisdiction,
or any other adjudicatory having jurisdiction, then the remainder of the terms,
conditions, provisions and portions of this Agreement will be enforced to the
maximum extent permitted by law. If the deletion of such provision materially
impairs the commercial value of this Agreement to either party, the parties shall
attempt to renegotiate such provision in good faith.
3 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which, when taken
together, shall constitute one and the same instrument.
H. Labor
Relations
1. Representative. Employment of labor by Subcontractor shall be effected under
conditions which are satisfactory to Contractor. Subcontractor shall keep a
representative at the job site during all times when Subcontractor's work is in
progress and such representative shall be authorized to represent Subcontractor
as to all phases of the work. Prior to commencement of the work, Subcontractor
shall notify Contractor who Subcontractor's representative is to be, and in the
event of any change of representative, Subcontractor shall notify Contractor who
the new representative is to be prior to such change becoming effective.
2. Reserved
Gate. Should there be picketing on the Contractor's job site(s), and
the Contractor establishes a reserved gate for the Subcontractor's purposes, it
shall be the obligation of the Subcontractor to continue the proper performance
of its work without interruption or delay.
3.
Compliance with Laws. Subcontractor shall comply with and agrees to be bound
by all applicable Federal, State and local laws and regulations, including but not
limited to all Fair Labor Standards Act provisions and California Labor Code
provisions covering the work.
4.
Satisfactory Employees on Job Site. The Subcontractor shall employ labor
satisfactory to UDC. Subcontractor shall immediately remove or cause to have
removed from the project any employee or employees who are considered
unsatisfactory by UDC at any time. The Subcontractor at all times during the
progress of the work outlined in this Agreement, or as otherwise agreed, shall
have a representative at the job site who is authorized to receive orders, to
make decisions regarding the work to be performed, and be responsible for the
total scope of work included in this Subcontract. Contractors with employees
who do not understand and/or speak English shall ensure that an interpreter
fluent in the language spoken is working on-site at all times. Failure to abide by
this rule may result in UDC hiring an interpreter and billing the Subcontractor for
this additional cost or terminating the contract for cause.
5. Prevailing
Wages. Where required of Contractor, Subcontractor will pay
prevailing wages and comply with all other laws and regulations.
