Common use of Contracting and Subcontracting Clause in Contracts

Contracting and Subcontracting. (a) Seller accepts responsibility as a principal for its agents, Contractors, Subcontractors, and all others it hires or otherwise engages to perform or assist in the performance of the Work. Buyer shall have the right, but not the obligation, to review the qualifications of each Person performing any portion of the Work. (b) Seller shall select or permit to perform the Work only qualified, reputable, competent, and appropriately licensed Contractors or Subcontractors with an established record of successful performance in their respective trades of the Work they are contracted to perform. Seller shall obtain Buyer’s prior written approval (which shall not be unreasonably withheld, conditioned, or delayed) for any of the Work at the Project Site if the applicable Contractor or Subcontractor does not meet each of the following four safety criteria: (i) The Contractor or Subcontractor shall have been in business for at least three (3) years at the time of contracting; (ii) The Contractor’s or Subcontractor’s Experience Modification Rate (EMR) shall be equal to or below .99 measured over the past three (3)-year period; (iii) The Contractor’s or Subcontractor’s latest full year Recordable Index Rate (RIR) or Recordable Accident Index (RAI) shall be equal to or below eighty percent (80%) of the North American Industrial Classification System Code (NAICS); and (iv) The Contractor or Subcontractor shall have zero (0) fatalities over the latest three (3)-year period. In the event Seller believes there is a compelling business reason to utilize a Contractor or Subcontractor for Work at the Project Site that does not satisfy all of the requirements set forth in clauses (i)-(iv) immediately above, Seller shall present Buyer with an explanation in writing specifying the rationale and plan for utilizing such Contractor or Subcontractor as part of the request for Xxxxx’s prior written approval. (c) If requested by Xxxxx, Seller shall promptly advise Buyer of the identity of any Contractor or Subcontractor used for any portion of the Work not performed at the Project Site. (d) No Contract between Seller and any of its Contractors or with any of its Subcontractors relating to the Work or the Project shall be deemed to release Seller from any Liability to Buyer under, or arising by virtue of, this Agreement, and, with respect to any claim or other Action brought by Buyer against Seller under, or arising by virtue of, this Agreement, Seller shall be responsible for all acts or omissions of its Contractors and Subcontractors relating to the Work or the Project, including any of the work, services, equipment, machinery, materials, items, or other goods provided by its Contractors or Subcontractors.

Contracting and Subcontracting. (a) Seller accepts responsibility as a principal for its agents, Contractors, Subcontractors, and all others it hires or otherwise engages to perform or assist in the performance of the Work. Buyer shall have the right, but not the obligation, to review the qualifications of each Person performing any portion of the Work. (b) Seller shall select or permit to perform the Work only qualified, reputable, competent, and appropriately licensed Contractors or Subcontractors with an established record of successful performance in their respective trades of the Work they are contracted to perform. Seller shall obtain Buyer’s prior written approval (which shall not be unreasonably withheld, conditioned, or delayed) for any of the Work at the Project Site if the applicable Contractor or Subcontractor does not meet each of the following four safety criteria: (i) The Contractor or Subcontractor shall have been in business for at least three (3) years at the time of contracting; (ii) The Contractor’s or Subcontractor’s Experience Modification Rate (EMR) shall be equal to or below .99 measured over the past three (3)-year period; (iii) The Contractor’s or Subcontractor’s latest full year Recordable Index Rate (RIR) or Recordable Accident Index (RAI) shall be equal to or below eighty percent (80%) of the North American Industrial Classification System Code (NAICS); and (iv) The Contractor or Subcontractor shall have zero (0) fatalities over the latest three (3)-year period. In the event Seller believes there is a compelling business reason to utilize a Contractor or Subcontractor for Work at the Project Site that does not satisfy all of the requirements set forth in clauses (i)-(iv) immediately above, Seller shall present Buyer with an explanation in writing specifying the rationale and plan for utilizing such Contractor or Subcontractor as part of the request for XxxxxBuyer’s prior written approval. (c) If requested by XxxxxBuyer, Seller shall promptly advise Buyer of the identity of any Contractor or Subcontractor used for any portion of the Work not performed at the Project Site. (d) No Contract between Seller and any of its Contractors or with any of its Subcontractors relating to the Work or the Project shall be deemed to release Seller from any Liability to Buyer under, or arising by virtue of, this Agreement, and, with respect to any claim or other Action brought by Buyer against Seller under, or arising by virtue of, this Agreement, Seller shall be responsible for all acts or omissions of its Contractors and Subcontractors relating to the Work or the Project, including any of the work, services, equipment, machinery, materials, items, or other goods provided by its Contractors or Subcontractors.

Contracting and Subcontracting. ‌ (a) Seller accepts responsibility as a principal for its agents, Contractors, Subcontractors, and all others it hires or otherwise engages to perform or assist in the performance of the Work. Buyer shall have the right, but not the obligation, to review the qualifications of each Person performing any portion of the Work. (b) Seller shall select or permit to perform the Work only qualified, reputable, competent, and appropriately licensed Contractors or Subcontractors with an established record of successful performance in their respective trades of the Work they are contracted to perform. Seller shall obtain Buyer’s prior written approval (which shall not be unreasonably withheld, conditioned, or delayed) for any of the Work at the Project Site if the applicable Contractor or Subcontractor does not meet each of the following four safety criteria: (i) The Contractor or Subcontractor shall have been in business for at least three (3) years at the time of contracting; (ii) The Contractor’s or Subcontractor’s Experience Modification Rate (EMR) shall be equal to or below .99 measured over the past three (3)-year period; (iii) The Contractor’s or Subcontractor’s latest full year Recordable Index Rate (RIR) or Recordable Accident Index (RAI) shall be equal to or below eighty percent (80%) of the North American Industrial Classification System Code (NAICS); and (iv) The Contractor or Subcontractor shall have zero (0) fatalities over the latest three (3)-year period. In the event Seller believes there is a compelling business reason to utilize a Contractor or Subcontractor for Work at the Project Site that does not satisfy all of the requirements set forth in clauses (i)-(iv) immediately above, Seller shall present Buyer with an explanation in writing specifying the rationale and plan for utilizing such Contractor or Subcontractor as part of the request for Xxxxx’s prior written approval. (c) If requested by Xxxxx, Seller shall promptly advise Buyer of the identity of any Contractor or Subcontractor used for any portion of the Work not performed at the Project Site. (d) No Contract between Seller and any of its Contractors or with any of its Subcontractors relating to the Work or the Project shall be deemed to release Seller from any Liability to Buyer under, or arising by virtue of, this Agreement, and, with respect to any claim or other Action brought by Buyer against Seller under, or arising by virtue of, this Agreement, Seller shall be responsible for all acts or omissions of its Contractors and Subcontractors relating to the Work or the Project, including any of the work, services, equipment, machinery, materials, items, or other goods provided by its Contractors or Subcontractors.