Common use of Back Charges Clause in Contracts

Back Charges. ‌ A. When costs are sustained by Battelle or the Government as a result of Contractor failure in whole or in part to execute its responsibility under the terms of this Agreement, such costs are considered the responsibility of the Contractor and will be “back- charged.” Contractor actions having potential to result in back-charges include: 1. Environmental, safety, health, or quality assurance violations; 2. Rework necessary to meet Contract requirements; 3. Support of Contractor's recovery schedule; 4. Inspections by Battelle not performed, as scheduled, due to incomplete or inadequate status of the work for which Contractor is at fault; 5. Inspections that must be repeated by Battelle due to errors, omissions, mismanagement or any fault of Contractor; 6. Vendor data review and processing as a result of re-submittals in excess of three (3), which are attributable to inadequate Contractor coordination or preparation; 7. Contractor's failure to restore all Battelle and/or Government-owned property, facilities, utilities, or systems, including replacement of survey stakes, to "like-for-like" condition after use or damage by Contractor; 8. Contractor's failure to adequately repair and/or replace property of a third party damaged by Subcontractor; 9. Subcontractor's failure to maintain the cleanliness and orderly arrangement of the work site during construction and at final acceptance, within reason, to the satisfaction of Contractor; 10. Subcontractor’s failure to return or transfer to another project all security badges will result in a charge to the Subcontractor in the amount of $250.00 per badge; and 11. Hazardous or environmentally detrimental spills caused by Subcontractor with clean-up performed by Contractor will be charged to Subcontractor.

Appears in 3 contracts

Samples: Fixed Price Construction Contract, Fixed Price Construction Contract, Fixed Price Construction Contract

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Back Charges. A. When costs are sustained by Battelle or the Government as a result of Contractor failure in whole or in part to execute its responsibility under the terms of this Agreement, such costs are considered the responsibility of the Contractor and will be “back- charged.” Contractor actions having potential to result in back-charges include: 1. Environmental, safety, health, or quality assurance violations; 2. Rework necessary to meet Contract requirements; 3. Support of Contractor's recovery schedule; 4. Inspections by Battelle Xxxxxxxx not performed, as scheduled, due to incomplete or inadequate status of the work for which Contractor is at fault; 5. Inspections that must be repeated by Battelle Xxxxxxxx due to errors, omissions, mismanagement or any fault of Contractor; 6. Vendor data review and processing as a result of re-submittals in excess of three (3), which are attributable to inadequate Contractor coordination or preparation; 7. Contractor's failure to restore all Battelle and/or Government-owned property, facilities, utilities, or systems, including replacement of survey stakes, to "like-for-like" condition after use or damage by Contractor; 8. Contractor's failure to adequately repair and/or replace property of a third party damaged by Subcontractor; 9. Subcontractor's failure to maintain the cleanliness and orderly arrangement of the work site during construction and at final acceptance, within reason, to the satisfaction of Contractor; 10. Subcontractor’s failure to return or transfer to another project all security badges will result in a charge to the Subcontractor in the amount of $250.00 per badge; and 11. Hazardous or environmentally detrimental spills caused by Subcontractor with clean-up performed by Contractor will be charged to Subcontractor.

Appears in 3 contracts

Samples: Fixed Price Construction Contract, Fixed Price Construction Contract, Fixed Price Construction Contract

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Back Charges. A. When costs are sustained by Battelle or the Government as a result of Contractor failure in whole or in part to execute its responsibility under the terms of this Agreement, such costs are considered the responsibility of the Contractor and will be “back- charged.” Contractor actions having potential to result in back-charges include: 1. Environmental, safety, health, or quality assurance violations; 2. Rework necessary to meet Contract requirements; 3. Support of Contractor's recovery schedule; 4. Inspections by Battelle not performed, as scheduled, due to incomplete or inadequate status of the work for which Contractor is at fault; 5. Inspections that must be repeated by Battelle due to errors, omissions, mismanagement or any fault of Contractor; 6. Vendor data review and processing as a result of re-submittals in excess of three (3), which are attributable to inadequate Contractor coordination or preparation; 7. Contractor's failure to restore all Battelle and/or Government-owned property, facilities, utilities, or systems, including replacement of survey stakes, to "like-for-like" condition after use or damage by Contractor; 8. Contractor's failure to adequately repair and/or replace property of a third party damaged by Subcontractor; 9. Subcontractor's failure to maintain the cleanliness and orderly arrangement of the work site during construction and at final acceptance, within reason, to the satisfaction of Contractor; 10. Subcontractor’s failure to return or transfer to another project all security badges will result in a charge to the Subcontractor in the amount of $250.00 per badge; and 11. Hazardous or environmentally detrimental spills caused by Subcontractor with clean-up performed by Contractor will be charged to Subcontractor.

Appears in 1 contract

Samples: Fixed Price Construction Contract

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