Common use of Failure to Incorporate Terms in Subcontracts Clause in Contracts

Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2) no subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.

Appears in 40 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor Subcontractor and (2) no subcontractor Subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect affect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.

Appears in 35 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Failure to Incorporate Terms in Subcontracts. The Contractor Design-Builder agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor Design-Builder shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1i) the Contractor Design-Builder may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2i) no subcontractor may maintain that he has not assumed toward the Contractor Design-Builder all the obligations and responsibilities that the Contractor Design-Builder has assumed toward the Owner. Failure on the part of the Contractor Design-Builder to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.

Appears in 13 contracts

Samples: Design Build Contract, Design Build Contract, Design Build Contract

Failure to Incorporate Terms in Subcontracts. The Contractor Design-Builder agrees that failure on his part to incorporate this Article Section 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor Design-Builder shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1i) the Contractor Design-Builder may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2i) no subcontractor may maintain that he has not assumed toward the Contractor Design-Builder all the obligations and responsibilities that the Contractor Design-Builder has assumed toward the Owner. Failure on the part of the Contractor Design-Builder to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.

Appears in 2 contracts

Samples: Design Build Contract, Construction Contract

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Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade ContractsContractors, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor Subcontractor and (2) no subcontractor Subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.

Appears in 1 contract

Samples: Design Bid Build Construction Contract

Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2) no subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.. GENERAL CONDITIONS SECTION 4 - COMPENSATION

Appears in 1 contract

Samples: Construction Contract

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