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agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said agreement and <br />Declaration of Trust. <br />Section 9.03. Each employer shall contribute one cent ($.01) per hour worked under this Agreement up to a <br />maximum of 150,000 hours per year. PAYMENT shall be forwarded monthly, in a form and manner prescribed by the <br />Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was <br />performed. The Northern Indiana Chapter, NECA, or its designee, shall be the collection agent for this Fund. <br />Section 9.04. If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to <br />take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be <br />liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty ($20.00), for each <br />month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a <br />penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such <br />amount shall be added to and become a pail of the contributions due and payable, and the whole amount due shall <br />bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of <br />collecting the payment together with attorneys' fees. <br />PRIOR AGREEMENT -EFFECT OF LAW <br />Section 10.01. This Agreement shall constitute the only Agreement between the parties and all prior agreements <br />entered into either written or verbal are hereby declared to be null and void. <br />Section 10.02. Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, <br />such provisions shall immediately become null and void, leaving the remainder of the Agreement in full force and <br />effect and the parties shall, thereupon, seek to negotiate substitute provisions which are in conformity with the <br />applicable laws. <br />CODE OF EXCELLENCE <br />Section 11.01. The parties to this Agreement recognize that to meet the needs of our customers, both employer <br />and employee must meet the highest levels of performance, professionalism, and productivity. The Code of <br />Excellence has proven to be a vital element in meeting the customers' expectations. Therefore each IBEW <br />local union and NECA chapter shall implement a Code of Excellence Program. The program shall include minimum <br />standards as designed by the IBEW and NECA. <br />ARTICLE X11 <br />PROFESSIONAL BEHAVIOR AND ATTIRE <br />In an effort to improve the public's perception of the Electrical Contracting Industry and enhance employment <br />opportunities for contractors and their employees, the parties hereby advocate the following standards of professional <br />behavior and attire: <br />Abusive, profane, or threatening language is unprofessional and inappropriate. Also, any acts of harassment or <br />discrimination regarding sex, age, disability, sexual orientation, or national origin are not to be tolerated. <br />Clothing worn on the job shall not be objectionable to the customer or Employer and should be appropriate to the work <br />performed and the conditions encountered. Articles of jewehy or personal accessories such as chains, necklaces, <br />earrings, watches, shoes, or material with conductive thread should not be worn when those items could pose a personal <br />threat. Torn, ragged or dirty clothing portrays a negative image of our industry and should be avoided. Any clothing <br />with lewd, obscene, or otherwise suggestive wording or pictures is totally inappropriate. <br />22 <br />