Should Subcontractor Sample Clauses

The 'Should Subcontractor' clause outlines the conditions under which a subcontractor may be engaged to perform part of the work under a contract. Typically, this clause specifies the requirements for obtaining consent from the main contractor or client before subcontracting, and may set standards for the qualifications or performance of any subcontracted parties. Its core function is to ensure that the quality and accountability of the work are maintained, while also providing the main contracting party with oversight and control over who is involved in fulfilling contractual obligations.
Should Subcontractor. (a) fail to proceed with the Subcontract Work in the time or sequence directed by Contractor; (b) fail to prosecute the Subcontract Work diligently, including failure to provide sufficient numbers of skilled workmen or proper materials, or failure to adhere to the applicable performance schedules; (c) cause Delay as defined in Paragraph 12.2 hereof to the work of Contractor or other subcontractors, sub-subcontractors or suppliers on the Project; (d) fail to perform any of its obligations under the Subcontract; (e) fail to perform the Subcontract Work in accordance with the Subcontract; (f) file bankruptcy, assign assets for the benefit of creditors, become insolvent, or be unable or fail to pay its obligations as they mature; or (g) repeatedly perform the Subcontract Work in a manner which is rejected by Owner, Architect, Engineer, Contractor or governmental agencies having jurisdiction over the Project, then Contractor may deem Subcontractor to be in default and, at Contractor’s sole option, and without limitation on other remedies available at law or in equity, take one or more of the following actions: 21.1.1 Take temporary possession if all Subcontractor’s material and equipment intended for performance of the Subcontract Work (whether or not located on the Project site) in order to assure its availability for completion of the Subcontract Work, 21.1.2 Upon forty-eight (48) hours prior written notice of default, and provided the default is not fully cured within forty-eight (48) hours, cure the default at Subcontractor’s expense plus fifteen percent (15%) for Contractor’s overhead and fee, and deduct the cost thereof from the Subcontract Price, 21.1.3 Where the work of other contractors or Subcontractors will be materially delayed, Contractor may proceed upon written notice to immediately cure the default at Subcontractor’s expense plus fifteen percent (15%) for Contractor’s overhead and fee, and deduct the cost thereof, together with any damages due to the Owner or other contractors or Subcontractors, from the Subcontract Price; and/or 21.1.4 Upon forty-eight (48) hours prior written notice of default, and provided the default is not fully
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Should Subcontractor. (a) fail to make timely payment to its suppliers, subcontractors, laborers, or fringe benefit funds: (b) fail to compensate Contractor or another contractor or subcontractor for damage caused by Subcontractor; or (c) fail to perform its clean up obligations, Contractor, at its sole discretion, may make direct payment to such individuals or entities and reduce the Subcontract Agreement price accordingly.
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Related to Should Subcontractor

  • Vendor’s Subcontractors TIPS recognizes that many vendors operate in the open market through the use of subcontractors. For that reason, TIPS permits Vendor to utilize subcontractors as authorized and permitted by the TIPS Member Customer. However, all purchase documents must include: (1) Vendor’s Name, as known to TIPS, and; (2) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Vendor must report the sale pursuant to the terms herein and Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales even when subcontractors are utilized. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member to Vendor. The Parties intend that Vendor shall be responsible and for actions of subcontractors during a TIPS Sale. Vendor agrees that it is voluntarily authorizing subcontractors and in doing so, Xxxxxx agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to subcontractor TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that a subcontractor caused Vendor of breach this Agreement.

  • Subcontractor A contractor and/or supplier who is under contract with Developer or with any other subcontractor, regardless of tier, to perform a portion of the Work of the Project.

  • Contractor If COUNTY elects to renegotiate this Agreement due to reduced or terminated 20 funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.

  • Contractor Project Manager The Contractor Project Manager shall serve, from the Effective Date, as the Contractor project manager and primary Contractor representative under this Agreement. The Contractor Project Manager shall (i) have overall responsibility for managing and coordinating the performance of Contractor’s obligations under this Agreement, including the performance of all Subcontractors; and (ii) be authorized to act for and bind Contractor and Subcontractors in connection with all aspects of this Agreement. The Contractor Project Manager shall respond promptly and fully to all inquiries from the JBE Project Manager.

  • Contractor Key Personnel ‌ The Contractor shall assign a Corporate OASIS SB Program Manager (COPM) and Corporate OASIS SB Contract Manager (COCM) as Contractor Key Personnel to represent the Contractor as primary points-of-contact to resolve issues, perform administrative duties, and other functions that may arise relating to OASIS SB and task orders solicited and awarded under OASIS SB. Additional Key Personnel requirements may be designated by the OCO at the task order level. There is no minimum qualification requirements established for Contractor Key Personnel. Additionally, Contractor Key Personnel do not have to be full-time positions; however, the Contractor Key Personnel are expected to be fully proficient in the performance of their duties. The Contractor shall ensure that the OASIS SB CO has current point-of-contact information for both the COPM and COCM. In the event of a change to Contractor Key Personnel, the Contractor shall notify the OASIS SB CO and provide all Point of Contact information for the new Key Personnel within 5 calendar days of the change. All costs associated with Contractor Key Personnel duties shall be handled in accordance with the Contractor’s standard accounting practices; however, no costs for Contractor Key Personnel may be billed to the OASIS Program Office. Failure of Contractor Key Personnel to effectively and efficiently perform their duties will be construed as conduct detrimental to contract performance and may result in activation of Dormant Status and/or Off-Ramping (See Sections H.16. and H.17.).