CLAIMS RELATING TO OWNER. The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor's request and expense to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Contractor agrees to exhaust through Owner the remedies available under the Prime Contract, including suit for breach of contract against Owner. If Contractor has a claim or dispute, Contractor may proceed in accordance with the Section of this Master Agreement entitled “CHOICE OF LAW/VENUE”. Contractor agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of construction and the Contractor shall continue with Contractor’s Work as directed.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims for which the Owner and/or another subcontractor is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and/or another subcontractor. The Subcontractor also agrees to make such claims in sufficient time for the Contractor to initiate such claims against the Owner and/or another subcontractor in accordance with the Subcontract Documents. At the Subcontractor’s request and expense, to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims for which the Owner is or may be liable in a manner acceptable to the General Contractor.
CLAIMS RELATING TO OWNER. In the case of any claim by Contractor resulting from the acts or omissions of Owner, Contractor agrees to be bound to Builder to the same extent that Builder is bound to Owner both by the terms of the Contract and by any and all decisions or determinations made there under. It is agreed that in the event the Contract contains a 'Dispute Clause", such clause is incorporated herein by reference as though fully set forth. As to any claims asserted by Contractor for or on account of acts or omissions of Owner or claims against Builder for which Contractor is alleged to be responsible, which claims are not disposed of by agreement, Contractor shall prosecute or defend such claims in Builder's name, in accordance with such Disputes Clause. Builder and Contractor shall cooperate in prosecuting or defending all claims relating to Owner. Contractor shall have full responsibility for preparation and presentation of such claims and defenses and shall bear all expenses thereof, including attorneys' and consultants' fees and all other associated costs. Contractor shall be bound by the procedure and final determinations as specified in any such Disputes Clause and shall not take any other action or actions with respect to any such claims and shall pursue no independent litigation or arbitration with respect thereto, other than to avail itself of any appellate procedures applicable to such Disputes Clause. Contractor shall not be entitled to receive any greater amount from Builder than Builder receives from the Owner on account of Contractor's claim(s), less any xxxx-ups or costs incurred by Builder and to which Builder is otherwise entitled, and Contractor shall accept such amount, if any, received by Builder from Owner as a full accord and satisfaction of all such claims for or on account of acts or omissions of Owner or its representatives. If Contractor fails to prosecute claims relating to acts or omissions of Owner or its representative(s) through the procedures of such Disputes Clause, it shall be barred from asserting such claims against Builder in any other proceeding. If Contractor fails to prosecute claims resulting from acts or omissions of Owner or Owner's Representative(s) or fails to defend claims by Owner relating to Contractor's Work, Builder shall have the right to prosecute or defend such claims at Contractor's sole expense. Contractor agrees to defend, indemnify and hold harmless Builder and its agents and employees from and against any and all liabi...
CLAIMS RELATING TO OWNER. The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents, for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor’s request and expense, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontractor Documents for like claims by the Contractor upon the Owner. The Subcontractor agrees that the liability of the Contractor to the Subcontractor for any claim against the Owner under the Subcontractor Documents is liquidated and limited to whatever is paid by the Owner to the Contractor for the Subcontractor's claim(s), less whatever amount is included as mark- up in said claim for the Contractor. The Contractor shall have no obligation to pay the Subcontractor for any change, additional cost, or extra Work incurred by the Subcontractor, nor to extend the time for performance for any changes, additions, or deletions caused by the Owner or Architect/Engineer unless such price change or time extension is approved in writing by the Owner or its authorized representative. The Subcontractor further agrees that the remedy afforded herein with respect to disputes, which are properly the subject of claim(s) against the Owner, shall be the Subcontractor's sole and exclusive remedy with respect to said disputes.
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Architect or Engineer agrees to exhaust through Owner the remedies available under the Contract Documents, including suit for breach of contract against Owner. Architect or Engineer agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of the work and the Architect or Engineer shall continue with Architect or Engineer’s Work as directed.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims against the Contractor for which the Owner is or may be liable, wholly or in part, in the same manner and within the time limits provided in the General Contract for like claims by the Contractor against the Owner and in sufficient time for the Contractor to make such claims against the Owner in accordance with the General Contract. The Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the General Contract for like claims by the Contractor against the Owner. Contractor shall, on behalf of Subcontractor, diligently prosecute any claims for additional time or money against the Owner. Contractor shall not settle or compromise any such claims without prior consent and authorization of the Subcontractor. The Subcontractor shall be afforded full opportunity to participate in the negotiations and resolution of any such claims, and Subcontractor shall bear all costs and expense, including attorney fees, associated with the prosecution of such claims. Contractor shall immediately pay to Subcontractor any amounts it actually receives from the Owner related to such claim, less deduction for any expenses or fees, including attorney fees and the value of any time incurred by Contractor, in the prosecution of such claims. Contractor’s liability to Subcontractor for any such claims shall be limited solely to the amounts which are received by Contractor from Owner upon such claims, less the deductions set forth above. Contractor’s receipt of payment from Owner shall be a condition precedent to Contractor’s obligations to Subcontractor on any such claims.
CLAIMS RELATING TO OWNER. If Subcontractor submits a claim arising out of or relating to problems caused by or which are the responsibility of the Owner and/or Architect/Engineer, Subcontractor expressly agrees to be bound to Contractor to the same extent that Contractor is bound to Owner by the terms of the Contract Documents and by any and all decisions or determinations made by a Court or by the party or board so authorized in the Contract Documents to decide disputes between Contractor and Owner, whether or not Subcontractor is a party to such proceedings, and shall be entitled only to its proportionate share of any actual recovery obtained by Contractor from Owner, less overhead and profit to Contractor and less Contractor's and legal and consultant fees in handling said matter. Contractor agrees to present to Owner, in Contractor's name, and, if necessary, to invoke the disputes provision of the Contract Documents, claims of Subcontractor for extras and equitable adjustments, timely submitted, whenever the Contract Documents permit Contractor to do so, and Contractor reasonably believes such claim is valid. Subcontractor agrees to furnish all documents, statements, witnesses and other information required by Contractor or Owner for investigating and presenting Subcontractor's claims. Contractor has final authority to settle all claims submitted to Owner. The Subcontractor shall post whatever security may be reasonably required by Contractor to cover Contractor's anticipated costs and expenses prior to and as a condition precedent to Contractor's proceeding on Subcontractor's behalf.
CLAIMS RELATING TO OWNER. Subcontractor agrees to make all claims for which Owner is or may be liable in the manner and within the time limits provided in the Contract Documents for like claims by CH2M HILL upon Owner and, in any event, in sufficient time for CH2M HILL to make such claims against Owner in accordance with the Contract Documents Such claims are subject to the requirements and limitations of Paragraph 11.9 of this Subcontract (“Paragraph 11.3 Claims”). If no time limit is provided elsewhere in the Contract Documents, Subcontractor shall notify CH2M HILL of its claim for adjustment within five (5) days.
