Key Subcontractors. Key Subcontractors for the Project are as set forth in Exhibit 17 to this DBA.
Key Subcontractors. The Proposal shall include a list in the form of Form Q of the names of all Key Subcontractors that Proposer intends to use to complete the Work under the Development Agreement.
Key Subcontractors. 11.1. The key subcontractors (i.e. any subcontract which equals 20% or more of the total cost of the prime contract) proposed by the Contractor are considered critical to the successful performance of this contract. Prior to replacing or substituting key subcontractors identified in Exhibit 6 for the performance of any portion of a task order or portion of work under this contract, the contractor shall obtain written consent of the administrative contracting officer. In order to obtain such consent, the contractor must provide advance notice of the proposed changes and must demonstrate that the qualifications of the proposed substitute subcontractor are generally equivalent to or better than the qualifications of the subcontractor being replaced.
Key Subcontractors. A. The Subcontractors identified in Annex I hereto, entitled Key Subcontractors, are essential for the successful completion of the Work. Such Key Subcontractors shall not be changed or any Subcontract with a Key Subcontractor terminated without Inmarsat’s prior approval.
B. The Contractor shall pass through to all Key Subcontractors the provisions of Article 16 hereof, entitled Disclaimer of Liability at Launch Site and Paragraphs A and C of Article 37 hereof, entitled Confidentiality. Where practical such provisions shall be passed through in the same form but the Contractor may vary the wording of the same provided that Inmarsat’s rights are fully secured thereby.
C. Nothing in this Article shall relieve the Contractor of its responsibility for performance of the Work.
Key Subcontractors. Key Subcontractors for the Maintenance Services are as set forth in Exhibit 10 to this CMA.
Key Subcontractors.
(a) The Operator must seek the State’s prior approval (which will not be unreasonably withheld) to the terms of any Key Subcontract.
(b) The Operator must not, at any time, amend the terms of any Key Subcontract in a way in which a Liability or material cost could accrue to the State, a State Associate or the Operating Account without the State’s prior consent (which will not be unreasonably withheld).
Key Subcontractors. (a) The Key Subcontractors specified in the Agreement Particulars have been pre- approved by TfNSW to carry out the parts of the Works specified in the Agreement Particulars in relation to those Key Subcontractors, subject to clause 10.1(b), clause 10.1(c) and clause 10.1(d).
(b) A NOP must obtain the prior written approval of the ALT before replacing or removing a Key Subcontractor, or requiring that Key Subcontractor to carry out parts of the Works other than those which are specified for that Key Subcontractor in the Agreement Particulars.
Key Subcontractors. 22.1 The Participant must not subcontract any work under this contract to a person who is not a Key Subcontractor if the proposed Subcontractor will, under or in connection with the Subcontract:
a. use Defence Items on an ongoing basis or require ongoing access to Defence Premises;
b. provide goods or services that will form a significant part of the work under this contract; or
c. create any IP, or provide IP that is or is likely to be, significant for the development, testing, production, installation, integration or use of the Technology.
22.2 The Participant may request that Defence approve an additional Subcontractor to be included as a Key Subcontractor in item 14 of the CPS. Defence must act reasonably in deciding whether to approve proposed Key Subcontractors and must make a decision and notify the Participant as soon as practicable. The Defence Representative and Participant Representative may agree to update the item 14 of the CPS to include the additional Subcontractor without entering a deed in accordance with clause 38.1.
22.3 The Participant will not, by subcontracting any part of the work under this contract, be relieved of its obligations and the Participant will be responsible for all Subcontractors.
22.4 The Participant must not enter into a Subcontract with a Subcontractor named by the Workplace Gender Equality Agency as an employer currently not complying with the Workplace Gender Equality Act 2012 (Cth).
Key Subcontractors. (a) Subject to clauses 35.2(b) and 35.2(c), the Operator must not (and must procure that its direct and indirect Subcontractors do not) enter into a Key Subcontract to perform any of its obligations under any Transaction Document without the prior written consent of the Commonwealth. [Drafting note: the requirements regarding Key Subcontractors are
(b) The Operator is not required to seek prior written approval from the Commonwealth for any Key Subcontractor identified in Schedule 7 provided that the applicable Key Subcontractor is to be engaged to provide or perform or deliver the goods, services and parts of the work comprising or in relation to the Facility which they are approved to provide and perform as set out in Schedule 7.
(c) The Commonwealth may only refuse approval for a Key Subcontractor not identified in Schedule 7 where that proposed Key Subcontractor:
(i) does not have the legal, commercial, technical, managerial and financial capability to enable it to perform or deliver the relevant goods, services or parts of the works which it is being engaged to provide; or
(ii) is insolvent or not reputable or has an interest which conflicts in a material way with the interests of the Commonwealth and there is no prohibition or restriction imposed by Law which would prevent or impact its ability to perform or deliver the relevant goods, services or parts of the works which it is being engaged to provide.
(d) The Operator is not discharged from any obligation or Liability under this Agreement by entering into any Subcontract.
Key Subcontractors. If an Offeror wishes to be credited with the experience of a key subcontractor or supplier (i.e., a firm that is not the prime contractor part of the Joint Venture) a letter of commitment signed by the Key Subcontractor and the prime contractor shall be submitted with Volume II. The commitment letter shall be submitted even if the firm is in some way related to a Joint Venture Partner (for example, the Key Subcontractor is subsidiary of a Joint Venture Partner, or a subsidiary of a firm to which the Joint Venture partner is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered. Make sure to include as part of Volume II.
