BUILDER’S AND PRIME MASONRY CONTRACTOR’S HOLDBACK Sample Clauses

BUILDER’S AND PRIME MASONRY CONTRACTOR’S HOLDBACK. 3.01 The Union may, at any time, at its option, activate the Holdback Mechanism described herein. The Holdback Mechanism is in addition to, and separate from, the expedited arbitration process. The Holdback Mechanism is as follows: (a) The Union must give at least three (3) working days’ notice by Hand Delivery or any courier services, including Priority Post Courier to the Masonry Contractor of its intention to activate the Builder’s Holdback and/or Prime Masonry Contractor’s Holdback Mechanism. During this three-day period the Union and the Masonry Contractor may use this opportunity to resolve the dispute before activating the Holdback Mechanism. (b) If the matter remains unresolved, the Union may give a Holdback Notice to any Builder and/or Prime Masonry Contractor dealing with the affected Masonry Contractor and require each Builder and/or Prime Masonry Contractor to freeze all funds which are payable or become payable thereafter to the Masonry Contractor, with respect to wages, benefits, or any other related matter covered by this enforcement system, on any project where the Masonry Contractor has performed, is performing or will perform work for the Builder or Prime Masonry Contractor. The Holdback Notice can cover an amount that the Union reasonably estimates is the total amount owed or owing to it, the Trust Funds, and/or affected members or employees by the Masonry Contractor or Prime Masonry Contractor. (c) Upon such notice, all money payable or becoming payable thereafter to the Masonry Contractor by the Builder and/or Prime Masonry Contractor will remain frozen and will be held back and retained by the Builder and/or Prime Masonry Contractor until the Union and the Masonry Contractor agree to its release, or until the Arbitrator issues his or her decision at Expedited Arbitration which addressed
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Related to BUILDER’S AND PRIME MASONRY CONTRACTOR’S HOLDBACK

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  • Contractor’s Staff 1. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement. 2. This staff shall be available to the State for training and meetings which the State may find necessary from time to time.

  • Contractor’s Employees Contractor may, in its discretion and at its own expense, employ such assistants as Contractor deems necessary to perform the Services. If any specific employee is designated in Schedule 1 to perform the Services, Contractor may only replace such designated employee with SMUD’s prior written approval, and with a replacement satisfactory to SMUD. SMUD may not control, direct, or supervise Contractor or Contractor’s Representatives in the performance of the Services. Contractor agrees to assume full responsibility for the payment and deduction of all state and federal taxes and benefits from Contractor’s Representatives, including but not limited to any applicable payroll and income taxes, unemployment insurance, disability insurance, retirement, workers’ compensation, pension, or other social security benefits for all persons or entities employed or retained by Contractor in the performance of the Services under this Agreement, and if applicable for all self-employment and other taxes incurred by Contractor in the performance of the Services.

  • 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.).

  • A3 Contractor’s Status At all times during the Contract Period the Contractor shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and accordingly neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the Terms of the Contract.

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  • Contractor’s Documents Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click- through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section.

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