Opening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 2

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owed, irrespective of any allocation of contributions or designation of employees shown on the remittance form which accompanies a particular payment. (f) Except as hereinafter provided, in the event the Employer is more than 30 days late in paying contributions to the Funds, the Funds shall not be liable for benefit coverage. The Employer shall be liable for the payment of covered expenses or accrued .pension credit under the Funds' Plan of Benefits or Pension Plan which were incurred by it's employees during the period of such delinquency. In addition, if the Employer erroneously contributes on behalf of a former employee after contributions on behalf of that employee are not required by this contract and if, as a result of such erroneous contributions, the Funds assume liability for benefits for such employee, the Employer agrees to be liable for those benefits. If a Fund pays covered expenses for which the Employer is liable in accordance with the foregoing, the Employer agrees to indemnify that Fund for reimbursement of such benefit payment and the Employer agrees to reimburse and indemnify the Fund for all such benefits which it pays to or on behalf of the EMPLOYER'S employees (including reasonable attorney's fees and costs which are incurred by either the Fund or the Union in enforcing this provision), provided, however, that the Employer shall continue to be responsible to the Fund for the payment of all contributions, notwithstanding such reimbursement or indemnifications. (g) If a disagreement exists as to the EMPLOYER'S obligations to contribute on behalf of a particular employee, in such event, if the Employer is later determined to have been liable for the contributions, he shall have no further responsibility for benefits incurred by the employee during the period of protested employment, but if the Employer is later determined not to have been liable for such contributions, the employee for whom the protested contributions were paid shall not be eligible for benefits incurred during such period and the Employer shall receive refund or credit of the protested contributions. (h) If an EMPLOYER denies the Trustees of any Fund the right to audit their books for discrepancies, as per Article III - Section 7 sub paragraph (a) above, or the UNION the right to audit the books, for discrepancies as per Article 11 - Section 7 sub paragraph (b) above, the Employees shall be removed by the UNION from an EMPLOYER'S job to enforce the audit after the UNION has been informed by the Trustees of the refusal to allow an audit or in the case of Vacation/Savings, Carpenters dues check off (or working assessment), Market Recovery and C.O.P.E. when the UNION determines. If the Employees are removed from the job by the UNION to enforce the audit, the Employees shall be paid by the EMPLOYER for all lost time at the straight hourly rate. (i) All costs and other expenses, including reasonable attorney's fees and court costs, incurred by the Union or any Fund in the collection of delinquent amounts shall be assessed against and paid by the delinquent Employer. SECTION 10 - NATIONAL HEALTH INSURANCEIUNIVERSAL COVERAGE If federal legislation is enacted providing for national health insurance or universal health care coverage for employees, the parties agree that they will enter into discussions to determine the impact of such legislation on the health care plan then maintained pursuant to contributions made under this agreement. The parties further agree that in the event such legislation renders continued maintenance of such health care plan unlawful or impermissible, the parties will enter into negotiations to agree upon a replacement plan which will be consistent with the legislation, provided that such replacement shall not have the effect of increasing the cost to Employers, and provided further that such negotiations 13