Common use of Approval of Subcontractors Clause in Contracts

Approval of Subcontractors. (a) The Firm shall not employ, contract with or use the services of any consultant, special contractors, or other third parties (collectively "Subcontractor") in connection with the performance of its obligations under this Agreement without the prior written consent of the Corporation. The Firm shall inform the Corporation in writing of the name, proposed service to be rendered, and compensation of the Subcontractor, and of any interest the Firm may have in the proposed Subcontractor. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. (b) If the Firm determines to subcontract a portion of the services, the Subcontractor must be clearly identified and the nature and extent of the Subcontractor’s involvement in and/or proposed performance under the contract must be fully explained by the Firm to the Corporation. The Firm shall only use Subcontractors who (1) have the financial and organizational capacity to perform the assigned work; (2) have the legal authority to perform the assigned work; (3) demonstrate integrity; and (4) have performed satisfactorily on previous contracts, whether for private or governmental clients. (c) The Firm will retain ultimate responsibility for all services performed under the Agreement. (d) Unless waived in writing by the Corporation, all subcontracts between the Firm and Subcontractors shall expressly name the Corporation as the sole intended third party beneficiary of such subcontract. The Corporation reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make the Corporation a party to any subcontract or create any right, claim or interest in the Subcontractor or proposed Subcontractor against the Corporation. (e) The Firm shall give the Corporation immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a Subcontractor or which may affect the performance of the Firm’s duties under the Agreement. Any subcontract shall not relieve the Firm in any way of any responsibility, duty and/or obligation under the Agreement with the Corporation.

Appears in 3 contracts

Samples: Retainer Agreement, Retainer Agreement, Retainer Agreement

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Approval of Subcontractors. Vendor may not subcontract any or part of the work to be performed under the Agreement nor use any person or entity for the purpose of providing any part of the Goods and/or Services (a) The Firm shall not employ, contract with or use the services including subcontractors of any consultanttier, special suppliers and material providers) (“Sub- contractors”) without the Director of Procurement’s consent. Vendor may not subcontract any or part of the work to be performed under the Agreement to any person or entity debarred by the PBC or the City, or other third parties the State of Illinois or federal government. A list of persons and entities which are debarred by the City can be found on the City’s Procurement Web Site at “xxx.xxxxxxxxxxxxx.xxx/xxxxxxxxxxx”. Subcontracts and all approvals of Subcontractors are, regardless of their form, considered conditional upon performance by the Subcontractor in accordance with the terms and conditions of the Agreement. All Subcontractors approved as of the Commencement Date are listed on Schedule 8.4 (collectively "Subcontractor"Subcontractors) under the heading “Approved Subcontractors,” along with a description of the work each is to perform. All requests to change Subcontractors must be submitted in advance of the change on a form approved by the Director of Procurement, and upon approval by the Director of Procurement, Schedule 8.4 (Subcontractors) shall be revised accordingly, and Schedule 8.4 (Subcontractors) as revised shall be deemed to be part of this Agreement. If (i) any Subcontractor fails to perform its obligations according to the terms and conditions of the Agreement, or (ii) the Subcontractor has violated Applicable Law, or (iii) the Subcontractor is in breach of an agreement with, or a subcontract in connection with the performance of its obligations under this Agreement without the prior written consent of the Corporation. The Firm shall inform the Corporation in writing of the name, proposed service to be rendered, and compensation of the Subcontractor, and of any interest the Firm may have in the proposed Subcontractor. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. (b) If the Firm determines to subcontract a portion of the servicessuch an agreement with, the Subcontractor must be clearly identified PBC, the City or a Sister Agency, then the PBC has the absolute right upon written notification to immediately rescind approval and the nature and extent of the Subcontractor’s involvement in and/or proposed performance under the contract must be fully explained by the Firm to the Corporation. The Firm shall only use Subcontractors who (1) have the financial and organizational capacity to perform the assigned work; (2) have the legal authority to perform the assigned work; (3) demonstrate integrity; and (4) have performed satisfactorily on previous contracts, whether for private or governmental clients. (c) The Firm will retain ultimate responsibility for all services performed under the Agreement. (d) Unless waived in writing by the Corporation, all subcontracts between the Firm and Subcontractors shall expressly name the Corporation as the sole intended third party beneficiary of such subcontract. The Corporation reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make the Corporation a party to any subcontract or create any right, claim or interest in the Subcontractor or proposed Subcontractor against the Corporation. (e) The Firm shall give the Corporation immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a Subcontractor or which may affect require the performance of the FirmAgreement by Vendor Personnel only or through any other the PBC-approved Subcontractor; provided however, that a Subcontractor’s duties under the Agreement. Any subcontract shall not relieve the Firm in any way breach of any responsibility, duty and/or obligation under the Agreement with the Corporation.that is an Event of Default shall be subject to Section 19.4 (

Appears in 1 contract

Samples: Master Agreement

Approval of Subcontractors. (a) The Firm shall not employ, contract with or use the services of any consultant, special contractors, or other third parties (collectively "Subcontractor") in connection with the performance of its obligations under this Agreement without the prior written consent of the Corporation. The Firm shall inform the Corporation in writing of the name, proposed service to be rendered, and compensation of the Subcontractor, and of any interest the Firm may have in the proposed Subcontractor. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. (b) If the Firm determines to subcontract a portion of the services, the Subcontractor must be clearly identified and the nature and extent of the Subcontractor’s involvement in and/or proposed performance under the contract must be fully explained by the Firm to the Corporation. .The Firm shall only use Subcontractors who (1) have the financial and organizational capacity to perform the assigned work; (2) have the legal authority to perform the assigned work; (3) demonstrate integrity; and (4) have performed satisfactorily on previous contracts, whether for private or governmental clients. (c) The Firm will retain ultimate responsibility for all services performed under the Agreement. (d) Unless waived in writing by the Corporation, all subcontracts between the Firm and Subcontractors shall expressly name the Corporation as the sole intended third party beneficiary of such subcontract. The Corporation reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make the Corporation a party to any subcontract or create any right, claim or interest in the Subcontractor or proposed Subcontractor against the Corporation. (e) The Firm shall give the Corporation immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a Subcontractor or which may affect the performance of the Firm’s duties under the Agreement. Any subcontract shall not relieve the Firm in any way of any responsibility, duty and/or obligation under the Agreement with Agreementwith the Corporation.

Appears in 1 contract

Samples: Retainer Agreement

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Approval of Subcontractors. (a) The Firm Contractor shall not employ, contract with or use the services of any consultant, special contractors, or other third parties (collectively "Subcontractor") in connection with the performance of its obligations under this Agreement without the prior written consent of the Corporation. The Firm Contractor shall inform the Corporation in writing of the name, proposed service to be rendered, and compensation of the Subcontractor, and of any interest the Firm Contractor may have in the proposed Subcontractor. Approval shall not be unreasonably withheld upon receipt of written request to subcontract. (b) If the Firm Contractor determines to subcontract a portion of the services, the Subcontractor must be clearly identified and the nature and extent of the Subcontractor’s involvement in and/or *Certain terms and values are subject to change by ESD. proposed performance under the contract must be fully explained by the Firm Contractor to the Corporation. The Firm Contractor shall only use Subcontractors who (1) have the financial and organizational capacity to perform the assigned work; (2) have the legal authority to perform the assigned work; (3) demonstrate integrity; and (4) have performed satisfactorily on previous contracts, whether for private or governmental clients. (c) The Firm Contractor will retain ultimate responsibility for all services performed under the Agreementcontract. (d) Unless waived in writing by the Corporation, all subcontracts between the Firm Contractor and Subcontractors shall expressly name the Corporation as the sole intended third party beneficiary of such subcontract. The Corporation reserves the right to review and approve or reject any subcontract, as well as any amendment to said subcontract(s), and this right shall not make the Corporation a party to any subcontract or create any right, claim or interest in the Subcontractor or proposed Subcontractor against the Corporation. (e) The Firm Contractor shall give the Corporation immediate notice in writing of the initiation of any legal action or suit which relates in any way to a subcontract with a Subcontractor or which may affect the performance of the FirmContractor’s duties under the Agreementcontract. Any subcontract shall not relieve the Firm Contractor in any way of any responsibility, duty and/or obligation under the Agreement its contract with the Corporation.

Appears in 1 contract

Samples: Short Form Contract for Materials/Services

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