DEFAULTS BY SUBCONTRACTOR Sample Clauses

DEFAULTS BY SUBCONTRACTOR. Subcontractor shall be deemed to be in default of this Agreement if Subcontractor (1) fails to commence work when required; (2) fails to prosecute the work diligently or to make the progress required; (3) fails to furnish a sufficient number of properly skilled workmen or a sufficient quantity of suitable materials or adequate equipment; (4) fails to perform the work in the order and sequence directed; (5) fails to correct or replace any damaged or defective work or materials; (6) becomes insolvent or subject to any receivership proceedings; (7) becomes subject to a tax lien or levy; (8) makes an assignment for the benefit of creditors; (9) fails to complete the work or any portion thereof within the time directed by Contractor; (10) becomes involved in any labor difficulty; or (11) commits a material breach of this Subcontract. Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages sustained by Contractor, or for which Contractor may be liable, because of Subcontractor’s default. If Subcontractor is deemed to be in default, Contractor, at its option, shall have the right: (a) to provide all labor and materials necessary to correct the problem, or to contract with one or more additional contractors to perform such part of Subcontractor's work, and to deduct the cost thereof, plus fifteen percent (15%) overhead and profit, from any money then due or thereafter to become due to Subcontractor under this Agreement; or (b) to terminate Subcontractor’s right to proceed with the work and, in that event, Contractor shall have the right to enter upon the premises of the Project and take possession of all of Subcontractor’s materials, tools, machinery and equipment, and may employ others to finish the work and provide materials. Upon such termination, Contractor shall have the right to assume, at Contractor's sole option, any or all of Subcontractor's lower tier subcontracts and materialmen, supplier and vendor agreements and to derive the benefits therefrom. Contractor may deduct the cost of finishing Subcontractor’s work from any money then due or thereafter to become due to Subcontractor under this Agreement, including, a xxxx-up for Contractor’s profit and overhead in the amount of fifteen percent (15%). If the unpaid balance under this Agreement exceeds the expenses Contractor incurs in finishing Subcontractor’s work, the excess shall be paid to Subcontractor; if the expenses incurred by Contractor exceed the unpaid balance, then...
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Related to DEFAULTS BY SUBCONTRACTOR

  • Vendor’s Subcontractors TIPS recognizes that many vendors operate in the open market through the use of subcontractors. For that reason, TIPS permits Vendor to utilize subcontractors as authorized and permitted by the TIPS Member Customer. However, all purchase documents must include: (1) Vendor’s Name, as known to TIPS, and; (2) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Vendor must report the sale pursuant to the terms herein and Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales even when subcontractors are utilized. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member to Vendor. The Parties intend that Vendor shall be responsible and for actions of subcontractors during a TIPS Sale. Vendor agrees that it is voluntarily authorizing subcontractors and in doing so, Xxxxxx agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to subcontractor TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that a subcontractor caused Vendor of breach this Agreement.

  • To Subcontractor(s) a. Within seven (7) days of the Contractor’s receipt of payment from the County for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract a Contractor awarded a contract under this solicitation is hereby obligated:

  • Indemnification by Subcontractors To the fullest extent permitted by law, an Interconnection Party that uses a subcontractor to carry out any of the Interconnection Party’s obligations under this Appendix 2 shall require each of its subcontractors to indemnify, hold harmless and defend each other Interconnection Party, its representatives and assigns from and against any and all claims and/or liability for damage to property, injury to or death of any person, including the employees of any Interconnection Party or of any Affiliate of any Interconnection Party, or any other liability incurred by the other Interconnection Party or any of its Affiliates, including all expenses, legal or otherwise, to the extent caused by any act or omission, negligent or otherwise, by such subcontractor and/or its officers, directors, employees, agents and assigns, that arises out of or is connected with the operation of the facilities of either Interconnected Entity described in this Appendix 2; provided, however, that no Interconnection Party or Affiliate thereof shall be entitled to indemnity under this Section 18.3 in respect of any injury, loss, or damage to the extent that such loss, injury, or damage results from the negligence or willful misconduct of the Interconnection Party or Affiliate seeking indemnity.

  • Payment to Subcontractors (If applicable) As required by Minnesota Statute § 16A.1245, the prime Contractor must pay all subContractors, less any retainage, within 10 calendar days of the prime Contractor’s receipt of payment from the State for undisputed services provided by the subContractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subContractor(s) on any undisputed amount not paid on time to the subContractor(s).

  • Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount.

  • List of Subcontractors Contractor shall list all Subcontractors, as part of the Quote, as provided for in Attachment A, ordering procedures.

  • Payments to Subcontractors Develop and implement a procedure for the review, processing and payment of applications by subcontractors for progress and final payments.

  • Prompt Payment to Subcontractors (a) Within 7 days of receipt by the Contractor of each payment from the City under this contract, the Contractor shall pay all Subcontractors (which term includes subconsultants and suppliers) based on work completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more than 7 days after receipt of payment by the Contractor from the City under this contract, the Contractor shall pay the Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this subsection (a) directly against the Contractor, but not against the City of Durham.

  • Subcontractor Payments Subject to Agency’s prior approval, Agency will reimburse Outside Counsel for the actual, reasonable and necessary expenses relating to Outside Counsel’s use of subcontractors. Outside Counsel shall be responsible for any payments and other claims due to subcontractors for work performed under this OCC. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein (e.g., expert services, local counsel, and other services), expressly understands and agrees that Agency shall not be directly liable in any manner to Outside Counsel’s subcontractor(s).

  • Monthly MWBE Contractor Compliance Report A. In accordance with 5 NYCRR § 142.10, Contractor is required to report Monthly MWBE Contractor Compliance to OGS during the term of the Contract for the preceding month’s activity, documenting progress made towards achievement of the Contract MWBE goals. OGS requests that all Contractors use the New York State Contract System (“NYSCS”) to report subcontractor and supplier payments made by Contractor to MWBEs performing work under the Contract. The NYSCS may be accessed at xxxxx://xx.xxxxxxxxxxxxxx.xxx/. This is a New York State-based system that all State agencies and authorities will be implementing to ensure uniform contract compliance reporting throughout New York State.

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