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3.24.1 The Parties acknowledge that delinquent payments to
CEP for dues referenced in Article
3.7 or for any of the Employer contributions to the Funds
established in Articles 3.15, 3.16,
3.17, and 3.23 will pose a serious threat to the plan
participants. Therefore the
Trustees of the Funds are empowered to take any action in
law necessary to collect all
funds owing, and to impose remedies and damages stipulated
by the Trust Agreements.
All costs of such collection will be borne by the Employer.
The Trustees are also
empowered to review the wage and remittance records of an
Employer for the purposes
of ensuring that the Employer is complying with its duties
in those Articles.
3.24.2 Contributions will be made as directed by the CEP
pursuant to Articles 3.7, 3.15,
3.16, 3.17,
and 3.23 within 15 days following every second pay
cycle, together with an
itemized list of the Employees for whom the contributions
are made and the amount
remitted for each.
3.24.3 In the event that the Employer fails to make the
proper remittance, CEP will notify the
Employer of this failure. The Employer will then have 2
days to correct this error.
3.24.4 Further to Article 3.24.1, if the Employer continues
to be delinquent in its remittance to
CEP as outlined in Articles 3.7, 3.15,
3.16, 3.17,
and 3.23 CEP, the administrator, or the
Trustee, as the case may be, may impose a penalty of 1% per
month on the amount
owing.
3.24.5 An Employer’s only responsibilities in respect of
the plans set out in Articles 3.15, 3.16,
3.17, and 3.23
are as set out in those Articles, and
Employers will not be responsible for
any aspect of the management or administration of the funds
described in those Articles.
If an Employer satisfies all its obligations in this
Article relating to Articles 3.7, 3.15,
3.16, 3.17,
and 3.23, CEP will indemnify and save the
Employer harmless for any claims
relating to the remittances described in those Articles, or
the administration of the funds
or plans described in those Articles, excluding any costs
the Employer incurs defending
such claims.
3.24.6 Employers will, and will be deemed to, keep all CEP
dues deducted and all contributions
to the Funds set out in Articles 3.7, 3.15,
3.16, 3.17,
and 3.23 separate and apart from its
own monies. Employers will, and will be deemed to, hold the
sum in trust on behalf of
the Employees until they have paid such monies to the
applicable Trust Fund or CEP
office. In the event of the bankruptcy (or any similar
event) of an Employer, an amount
equal to the amount that is owed to the applicable Trust
Fund or CEP office for CEP dues
and contributions that the Employees are entitled to, will
be deemed to be separate from
and form no part of the estate that is in bankruptcy (or
any similar event), whether or not
that amount has in fact been kept separate and apart from
the Employer’s own money.
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