Common use of Contractor’s Obligation to Secure Clause in Contracts

Contractor’s Obligation to Secure. Contractor shall provide, at its own expense, all personnel and materials required for its performance of the Contract Services, in accordance with the terms of this Agreement. Such personnel shall not be employees of Authority, the County of Allegheny, the Southwestern Pennsylvania Commission, the Commonwealth of Pennsylvania, or the Federal Transit Administration of the United States Department of Transportation (the “FTA”). Employment fees, if any, shall not be considered as a reimbursable cost hereunder, except to the extent allowable pursuant to Federal Acquisition Regulations (48 C.F.R., Part 31). All employees of Contractor or any of its subcontractors or suppliers, all Key Personnel (as such term is defined in Section 5.3 below), whether performing their functions at Contractor’s place of business, Authority’s place of business or elsewhere, shall, at all times, be and remain employees of Contractor or the appropriate subcontractor or supplier and shall not be employees of Authority. Contractor shall pay or cause its subcontractors and suppliers to pay all wages, salaries and other amounts due to their respective employees who perform on Contractor’s behalf under this Agreement and Contractor or its subcontractors or suppliers shall be responsible for all reports, payments and other obligations respecting such employees, those obligations relating to social security, income tax withholding, unemployment compensation and worker’s compensation. Contractor, at its sole cost and expense, shall defend Authority, and its permitted assignees under this Agreement against or settle all claims and proceedings based upon any breach by Contractor of its obligations under this Section 5.1 or based upon any claim by any employee of Contractor or any of its subcontractors or suppliers that is inconsistent with the provisions of this Section 5.1 and shall indemnify and hold harmless Authority against and from any losses, costs or expenses associated therewith.‌

Contractor’s Obligation to Secure. Contractor shall provide, at its own expense, all personnel and materials required for its performance of the Contract Services, in accordance with the terms of this Agreement. Such personnel shall not be employees of Authority, the County of Allegheny, the Southwestern Pennsylvania Commission, the Commonwealth of Pennsylvania, or the Federal Transit Administration of the United States Department of Transportation (the “FTA”). Employment fees, if any, shall not be considered as a reimbursable cost hereunder, except to the extent allowable pursuant to Federal Acquisition Regulations (48 C.F.R., Part 31). All employees of Contractor or any of its subcontractors or suppliers, including, without limitation, all Key Personnel (as such term is defined in Section 5.3 4.3 below), whether performing their functions at Contractor’s place of business, Authority’s place of business or elsewhere, shall, at all times, be and remain employees of Contractor or the appropriate subcontractor or supplier supplier, and shall not be employees of Authority. Contractor shall pay or cause its subcontractors and suppliers to pay all wages, salaries and other amounts due to their respective employees who perform on Contractor’s behalf under this Agreement and Contractor or its subcontractors or suppliers shall be responsible for all reports, payments and other obligations respecting such employees, including without limitation, those obligations relating to social security, income tax withholding, unemployment compensation and worker’s compensation. Contractor, at its sole cost and expense, shall defend Authority, Authority and its permitted assignees under this Agreement against or settle all claims and proceedings based upon any breach by Contractor of its obligations under this Section 5.1 4.1 or based upon any claim by any employee of Contractor or any of its subcontractors or suppliers that is inconsistent with the provisions of this Section 5.1 4.1 and shall indemnify and hold harmless Authority against and from any losses, costs or expenses associated therewith.‌therewith.