Lease and development agreement



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Without limiting or affecting the terms and provisions of the Section hereof entitled “Survival of Obligations”, the Lessee’s obligations under this Section shall survive the expiration or earlier termination of this Agreement.

(h) Port Authority-directed Testing and Remediation.

In addition to the requirements of the Article hereof entitled “Compliance with Laws and Rules and Regulations” and paragraph (e) of this Section, the Port Authority shall have the right upon notice to the Lessee to direct the Lessee, at the Lessee’s sole cost and expense, (x) to perform such reasonable testing of the Tanks as the Port Authority shall direct and to perform such testing of the soil, subsoil and ground water of the Premises and of such surrounding area as the Port Authority shall direct, and (y) to clean-up and remediate any Discharge, regardless of whether any Environmental Requirement or Governmental Authority shall require such testing, clean-up or remediation, which testing, clean-up and remediation shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority’s approval.

(i) Preventive Measures.

In the Lessee’s use and operation of the Tanks, the Lessee shall not permit any Hazardous Substance from entering the ground, and accordingly shall take appropriate preventive measures, including without limitation (subject to the Article hereof entitled “Construction”) installing appropriate spill and overfill devices and placing an impervious material, such as asphalt or concrete, over the ground area above or under and in the vicinity of the Tanks.



ARTICLE 21. LABOR HARMONY, AFFIRMATIVE ACTION

Section 21.1 Labor Harmony.


The Lessee shall use its best efforts to promote labor harmony in its operations and activities at the Premises, all to the end of avoiding and preventing, to the extent possible, strikes, walkouts, work stoppages, slowdowns, boycotts and other labor trouble and discord. In undertaking any Construction Work, the Lessee shall include in any contract such provisions relating to labor harmony as the Port Authority may require.

Section 21.2 Compliance with New York Law.

The Lessee agrees that in the performance of its construction obligations under this Agreement, it will comply with the policies of the State of New York with respect to affirmative action and equal employment opportunities.

Section 21.3 Participation of MBEs, WBEs and LBEs.

(a) Participation of MBEs and WBEs. In addition to and without limiting any of the other terms and conditions of this Agreement, the Lessee agrees to require its contractors to make good faith efforts, consistent with the Lessee’s exercise of good business judgment, including, without limitation, the consideration of cost competitiveness, to provide for meaningful participation by Minority Business Enterprises (MBEs) and Women—owned Business Enterprises (WBEs) in construction contracts entered into with respect to the development of the Premises. For purposes hereof, Minority Business Enterprise (MBE) shall mean any business enterprise which is at least fifty-one percent (51%) owned by, or in the case of a publicly owned business at least fifty—one percent (51%) of the stock of which is owned by, one or more citizens or permanent resident aliens who are members of one or more minority groups and whose management and daily business operations are controlled by one or more such individuals. As used herein minority group shall mean any of the following racial or ethnic groups:

Black (individuals having origins in any of the Black African racial groups not of Hispanic origin);

Hispanic (individuals of Mexican, Puerto Rican, Dominican, Cuban or Central or South American culture or origin, regardless of race);

Asian and Pacific Islander (individuals having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and

Native American or Alaskan Native (individuals having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

For the purposes hereof, Women-owned Business Enterprise (WBE) shall mean any business enterprise which is at least fifty—one percent (51%) owned by, or in the case of a publicly owned business at least fifty-one percent (51%) of the stock of which is owned by, one or more women and whose management and daily business operations are controlled by one or more women. “Meaningful Participation” shall mean that at least seventeen percent (17% of the total value of the contracts is for the participation of Minority Business Enterprises (“MBEs”) and Women—owned Business Enterprises (“WBEs”), with a minimum of twelve (12%) participation by MBEs, and a minimum of five (5%) participation by WBEs in all purchasing, subcontracts and services. Good faith efforts to include meaningful participation by MBEs and WBEs shall include at least the following:

(1) actively and affirmatively soliciting bids and proposals for contracts or subcontracts from MBEs and WBEs, including circulation of solicitations to MBEs and WBEs;

(2) providing prospective MBEs and WBEs with plans, specifications and other necessary background materials in sufficient time for review;

(3) utilizing the lists of certified MBEs and WBEs maintained by the Port Authority, the City, the State of New York or the State of New York or seeking minorities, women and local business people from other sources for the purpose of soliciting contractors, subcontractors and suppliers;

(4) utilizing the services of available minority and women’s community organizations, contractor’s groups, local, State and Federal business assistance/development offices and other organizations that provide assistance to MBE/WBEs;

(5) insuring that provision is made to provide progress payments to MBEs and WBEs on a timely basis, where appropriate, in the same manner that progress payments are made to other contractors or subcontractors; and

(6) not requiring bonds from and/or providing bonds for MBEs and WBEs for contracts or subcontracts of less than $100,000.00.





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