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
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
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