Common use of Incorporation of Provisions Clause in Contracts

Incorporation of Provisions. The Contractor will include the provisions of paragraphs (3.1) through (3.6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 40 contracts

Samples: Contract, Construction Contract, Contract

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Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration [Local Agency], CDOT or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 40 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of the paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration FHWA, FTA, or FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 25 contracts

Samples: Project Agreement, Reconstruction Agreement, Roadway Reconstruction Agreement

Incorporation of Provisions. The Contractor will shall include the provisions of paragraphs (3.11) through (3.66) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and or directives issued pursuant thereto. The Contractor will shall take such action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. non-compliance: Provided, that if however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with litigation by a subcontractor, subcontractor or supplier because as a result of such direction, the Contractor may request the Recipient to enter into any such litigation to protect the interests of the Recipient. In , and, in addition, the Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 21 contracts

Samples: Professional Services, Professional Services, Professional Services

Incorporation of Provisions. The Contractor will contractor shall include the provisions of paragraphs (3.1a) through (3.6f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor will contractor shall take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 17 contracts

Samples: Roadway Contract, Roadway Contract, Roadway Contract

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Funding Agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with with, litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 17 contracts

Samples: Professional Services, Service Contract, Service Contract

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 15 contracts

Samples: Consultant Agreement, Professional Services, Consultant Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration FHWA, FTA, or FAA may direct as a means of enforcing such provisions including sanctions for noncomplianceA non-compliance. Provided, Provided that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 13 contracts

Samples: Right of Way Local Government Contract, Consultant Services Agreement, Right of Way Local Government Contract

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Washington State Department of Transportation may direct as a means ameans of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 9 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 5 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

Incorporation of Provisions. The Contractor will shall include the provisions of paragraphs (3.1) through (3.6) paragraph 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt exempted by the Actsstatutes, executive order, administrative rules or instructions issued by the Regulations, and directives issued pursuant theretoCommission or the United States Department of Transportation. The Contractor will take such action with respect to any subcontract or procurement as the Recipient Commission or the Federal Highway Administration United States Department of Transportation may direct as a means of enforcing such provisions provisions, including sanctions for noncompliance. Provided, ; provided that if in the event the Contractor becomes involved in, or is threatened with litigation by with a subcontractor, subcontractor or supplier because as a result of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 3 contracts

Samples: Research and Development, Research and Development, Standard Research Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with with, litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 3 contracts

Samples: Agreement for Development of Contract Plans and Specifications, Agreement for Development of Contract Plans and Specifications, Memorandum of Understanding

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Colorado Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Agreement, Construction Manager/General Contractor Agreement

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Incorporation of Provisions. The Contractor will include the provisions of paragraphs (3.11) through (3.66) in every subcontract, including procurements procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Recipient State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that if in the event a Contractor becomes involved in, or is threatened with, litigation with litigation by a subcontractor, subcontractor or supplier because as a result of such direction, the Contractor may request the Recipient State to enter into any such litigation to protect the interests of the Recipient. In State, and, in addition, the Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Airport Planning Assistance Agreement, Agreement for Airport Engineering Assistance

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration FHWA, FTA, and/or FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipmentofequipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Professional Services

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Nondiscrimination Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Pipeline Hazardous Materials Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: License Agreement

Incorporation of Provisions. The Contractor contractor will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient Recipient, the Federal Transit Administration, or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Services Agreement

Incorporation of Provisions. The Contractor contractor or subrecipient will include the provisions of paragraphs (3.1) one through (3.6) six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, Regulations and directives issued pursuant thereto. The Contractor contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor contractor may request the United States to enter into the litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Transportation Agreement

Incorporation of Provisions. The Contractor will shall include the provisions of paragraphs (3.11) through (3.65) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and or directives issued pursuant thereto. The Contractor will shall take such action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. non-compliance: Provided, that if however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with litigation by a subcontractor, subcontractor or supplier because as a result of such direction, the Contractor may request the Recipient to enter into any such litigation to protect the interests of the Recipient. In , and, in addition, the Contractor may request the United States to enter into the such litigation to protect the interests of the United States.

Appears in 1 contract

Samples: Professional Services

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