Claims Against Contractor Sample Clauses
Claims Against Contractor. Contractor represents and warrants that there is no action or proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or other board or official, pending or, to the knowledge of Contractor, threatened against or affecting Contractor, the outcome of which may (a) affect the validity or enforceability of this Agreement,
Claims Against Contractor. Contractor represents and warrants that there is no action or proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or other board or official, pending or, to the knowledge of Contractor, threatened against or affecting Contractor, the outcome of which may (a) affect the validity or enforceability of this Contract, (b) materially and adversely affect the authority or ability of Contractor to perform its obligations under this Contract, or (c) have a material and adverse effect on the consolidated financial condition or results of operations of Contractor or on the ability of Contractor to conduct its business as presently conducted or as proposed or contemplated to be conducted.
Claims Against Contractor. The Contractor shall indemnify and hold harmless Licking County, its Board of Commissioners, and all County officials, employees, agents, successors, and assigns from all claims growing out of the lawful demands of subcontractor's laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments in good faith.
Claims Against Contractor. The Contractor shall promptly pay for all labour, services and materials, in connection with his/her work. All such payments shall be made by the Contractor at least as often as payments are made by the Authority to the Contractor, and, in the event of failure by the Contractor at any time to do so, the Authority may retain from any monies due, or to become due to the Contractor, such an amount of money as the Project Manager may deem sufficient to make such payments. If the Project Manager believes that any such payments will not be promptly made by the Contractor, the Authority may pay for any such labour, services and materials, from any date to any date, and to any amount which may be payable, and the amount or amounts so paid shall be deducted from any monies that may be due or that thereafter may become due to the contractor. Before final settlement is made for the work done and the materials furnished under the contract, the Contractor shall produce and furnish evidence satisfactory to the Authority that the said work and all its parts are free and clear from all lawful claims or liens under any law, for labour, workmanship, material or otherwise, and that no claim then exists, in respect to which a claim or lien upon the said work could, or might attach. The Contractor shall indemnify and save harmless the Authority from all liens arising from the labour and services performed, the materials furnished, and otherwise, in relation to the said work.
Claims Against Contractor. In case of an assignment for the benefit of Contractor's creditors, or in the event of any claim, attachment or garnishment against Contractor, Owner shall have, in addition to other rights under this Agreement, the right to take one or more of the following actions:
(a) to set-off a counterclaim against Contractor or its assignee or any garnishor, claimant, or other person or entity with respect to the amount involved, whether it occurs or arises before or after the date of such assignment or notice thereof;
(b) to recover in whole or in part as Owner may elect from Contractor or out of any amount claimed, assigned, attached, or garnished, or out of any amount theretofore or thereafter owed to Contractor, all damages, costs, and expenses incurred in relation to such claim, assignment, garnishment or attachment, including court costs and legal fees;
(c) to withhold any and all amounts until it is certain in its sole judgment to whom such funds should be paid without liability on the part of Contractor and Owner in any event to pay such sum more than once;
(d) to exercise each and every right stipulated in this Agreement including the right to withhold; and
(e) to require as a condition to payment a full complete release in favor of Owner, in form and substance satisfactory to Owner from each and every person or entity which may be claimant to such payment or any other payment theretofore or thereafter paid or due to Contractor. In addition to the other remedies available to Owner hereunder and at law, Owner may take such action as it may deem necessary to rectify the reason for its withholding a payment including, without limitation, payments of claims asserted against Contractor by third parties or against Owner for which Contractor is responsible (and in paying any such claims Owner shall be entitled to rely on the representations of any claimant as to the amount and validity of its claim).
Claims Against Contractor. A. The Contractor guarantees the payment of all just claims against him/her or any subcontractor, in connection with the work. If another contractor on the project submits a claim for alleged damages caused by delay due to the Contractor not having completed its work in a timely manner, the Contractor's bond shall remain in effect until payment of such claim is made, or until litigation is started, at which time the bond will be released.
Claims Against Contractor. The Contractor shall indemnify, save, and hold harmless the City of Pittsburgh or its agents from all claims, liens, charges, claims, demands, losses, costs, judgments, liabilities, and damages of every kind and nature, including court costs and attorney fees arising by reason of:
Claims Against Contractor. The Client may make no claim against the Contractor in respect of the Works unless the Client has:- • notified the Contractor in writing of the complaint setting out:- • the nature of the complaint; and • the works required to remedy the Works which are the subject of the complaint; • provided the Contractor with access to the Site to inspect the Works which are the subject of the Complaint; and • provided the Contractor with a period of not less than 14 days to remedy the Works.