Key Subcontractor and Subcontractor Guaranties and Warranties Sample Clauses

Key Subcontractor and Subcontractor Guaranties and Warranties. The Turnkey Contractor shall obtain from all Key Subcontractors guaranties and warranties supported by the manufacturers guarantees and warranties (if any and where applicable) on the machinery, equipment, services, materials, supplies, technology and other items used in the Work and/or installed under this Agreement, and such guaranties and warranties shall not be amended, modified or otherwise discharged without the prior written consent of the MEP Participants. The Turnkey Contractor shall obtain from each Key Subcontractor guaranties and warranties which shall remain in effect for the longest period which can be negotiated and agreed, but in any event for a period of not less than twelve (12) months from Provisional Acceptance. The Turnkey Contractor shall enforce all Subcontractor guaranties and warranties to the fullest extent thereof and shall cause all Subcontractor guaranties and warranties to be assignable to the MEP Participants. Upon termination of the Warranty Period the Turnkey Contractor shall take whatever steps are reasonably necessary to formally assign to the MEP Participants all unexpired Subcontractor guaranties and warranties (if any) and shall deliver to the MEP Participants any amounts withheld by the Turnkey Contractor pursuant to any guaranty or warranty dispute specifically related to such dispute within fifteen (15) days after the expiration of the Warranty Period. The Turnkey Contractor’s formal assignment of all such unexpired Subcontractor guaranties and warranties shall serve to complete the Turnkey Contractor’s obligations in respect of all Subcontractor guaranties and warranties. The Turnkey Contractor shall not, and shall cause its Subcontractors and all Persons under the Turnkey Contractor’s control not to, take any action which could release, void, impair or waive any guaranties or warranties on goods, works, equipment, materials, services or technologies that it procures from other Persons. Nothing in this Section 4.4 shall derogate from the obligations of the Turnkey Contractor to provide the guaranties and warranties described in, and to comply with the provisions of Article 11.
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Related to Key Subcontractor and Subcontractor Guaranties and Warranties

  • Subcontractor Representations Subcontractor represents and warrants to Contractor as follows:

  • Contractor Warranties 14.1. The Contractor warrants, represents and undertakes that, throughout the Term:

  • Contractor Guaranties Contractor shall:

  • Contractor Representations Contractor represents and warrants to Subcontractor as follows:

  • Assignment and Subcontractors Provider shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the prior written consent of the DISTRICT, which may be withheld by the DISTRICT in its sole and absolute discretion for any reason. Nothing contained herein shall prevent Provider from employing independent associates, subcontractors, and sub consultants as Provider may deem appropriate to assist in the performance of services herein, subject to the prior written approval of the DISTRICT. Any attempted assignment, sublease, or transfer in violation of this Agreement shall be null and void, and of no force and affect. Any attempted assignment, sublet, or transfer in violation of this Agreement shall be grounds for the DISTRICT, in its sole discretion, to terminate the Agreement.

  • 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.

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Assignability and Subcontracting Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.

  • Contractor Commitments, Warranties and Representations Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

  • 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:

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