Common use of MATERIAL AND WORKMANSHIP Clause in Contracts

MATERIAL AND WORKMANSHIP. (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in BSA’s judgment, is equal to that named in the specifications, unless otherwise specifically provided in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. BSA may require, in writing, that the Contractor remove, from the work any employee BSA deems incompetent, careless, or otherwise objectionable. (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in BSA’s judgment, is equal to that named in the specifications, unless otherwise specifically provided in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. BSA may require, in writing, that the Contractor remove, from the work any employee BSA deems incompetent, careless, or otherwise objectionable. (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. (a) All Unless otherwise specifically provided in this Contract, all equipment, material, and articles incorporated into in the work Work covered by this Agreement shall Contract are to be new and of the most suitable grade for the purpose intended, unless . Unless otherwise specifically provided in this Agreement. References in the specifications Contract, reference to any equipment, material, articlesarticle, or patented processes process, by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor , and the SELLER may at its option, use any equipment, material, article, or process thatwhich, in BSA’s judgment, the judgment of LOCKHEED XXXXXX is equal to that named named. Approvals of equals will not relieve the SELLER of responsibility for adequate fulfillment of the various parts of the work, or from specified guarantees and maintenance standards. Any requests for substitution which may be offered shall have been submitted for approval prior to award of this Contract. Unless specified in the specificationsSchedule, unless otherwise specifically provided no such substitution will be permitted and the SELLER will be deemed to have hereby agreed to furnish only the brand names specified in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreementcontract documents. (b) No materials or supplies for the Work contracted for shall be purchased by the SELLER or by any Subcontractor working under SELLER which shall be subject to any chattel mortgage or under a conditional sale or other agreement in which an interest is retained by another party. The Contractor shall obtain BSA's approval SELLER warrants that the title to all materials and supplies used by the SELLER in the performance of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval Work hereunder shall be installed or used at the risk clear of subsequent rejectionall encumbrances of any nature whatsoever. (c) The Contractor Unless waived in writing by LOCKHEED XXXXXX, all tests or trials shall be responsible to BSA and each made in the presence of its officers, employees, agents and consultants for a duly authorized representative of LOCKHEED XXXXXX. When the acts and omissions presence of the Contractor’s employeesinspector is waived, subcontractors sworn statements, in triplicate, of the test made and their agents results thereof shall be furnished to LOCKHEED XXXXXX by the SELLER immediately after the tests are made. Costs of all tests and employeestrials, including concrete aggregate and cylinder tests, and other persons performing portions of soil analysis, shall be borne by the work under a contract with the ContractorSELLER. (d) All work under this Agreement Contract shall be performed in a skillful and workmanlike manner. BSA may requireLOCKHEED XXXXXX may, in writing, that require the Contractor remove, SELLER to remove from the work site any employee BSA deems LOCKHEED XXXXXX xxxxx incompetent, careless, or otherwise objectionable. (a) BSA reserves . The SELLER shall additionally be responsible for requiring each employee engaged on the right site to approve or disapprove Subcontractors without change in the contract pricedisplay such identification as may be approved and directed by LOCKHEED XXXXXX. All proposed Subcontractors prescribed identification shall immediately be submitted delivered to LOCKHEED XXXXXX, for approvalcancellation, when such employee is no longer engaged on the site. No later than two (2) weeks after signing this AgreementWhen required by LOCKHEED XXXXXX, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors SELLER shall also have an Insurance Experience Modification Rating (EMR) equal obtain and submit fingerprints of all persons employed or to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet employed on the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSAproject. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. ‌ (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in BSA’s judgment, is equal to that named in the specifications, unless otherwise specifically provided in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. BSA may require, in writing, that the Contractor remove, from the work any employee BSA deems incompetent, careless, or otherwise objectionable.. Article 56 SUBCONTRACTORS‌ (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. (a) All equipment, material, and articles incorporated into the work Work covered by this Agreement Contract shall be new and of the most suitable grade for the purpose intended, intended unless otherwise specifically provided in this AgreementContract. References in the specifications Specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may may, at its option, use any equipment, material, article, or process that, in BSA’s judgment, the judgment of the Contracting Officer is equal to that named in the specificationsSpecifications, unless otherwise specifically provided in this AgreementContract. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the workWork. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this Agreement Contract or by BSAthe Contracting Officer, the Contractor also shall also obtain BSAthe Contracting Officer’s approval of the material or articles articles, which the Contractor contemplates incorporating into the workWork. When so directedrequesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's ’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) . All work under this Agreement Contract shall be performed in a skillful and workmanlike manner. BSA The Contracting Officer may require, in writing, that the Contractor remove, remove from the work Work any employee BSA the Contracting Officer deems incompetent, careless, or otherwise objectionable. (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. ‌ (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in BSA’s judgment, is equal to that named in the specifications, unless otherwise specifically provided in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. BSA may require, in writing, that the Contractor remove, from the work any employee BSA deems incompetent, careless, or otherwise objectionable.. Article 55 SUBCONTRACTORS‌ (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.

MATERIAL AND WORKMANSHIP. (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may use any equipment, material, article, or process that, in BSA’s judgment, is equal to that named in the specifications, unless otherwise specifically provided in this Agreement. Unless otherwise agreed, modifications due to use of “or equal” supplies are at the Contractor’s expense. If required by BSA, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished under this Agreement. (b) The Contractor shall obtain BSA's approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by this Agreement or by BSA, the Contractor shall also obtain BSA’s approval of the material or articles which the Contractor contemplates incorporating into the work. When so directed, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) The Contractor shall be responsible to BSA and each of its officers, employees, agents and consultants for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. BSA may require, in writing, that the Contractor remove, from the work any employee BSA deems incompetent, careless, or otherwise objectionable. (a) BSA reserves the right to approve or disapprove Subcontractors without change in the contract price. All proposed Subcontractors shall be submitted for approval. No later than two (2) weeks after signing this Agreement, the Contractor shall submit directly to BSA’s technical representative for approval, a list, consistent with the project schedule, of proposed Subcontractors. Each Subcontractor’s OSHA DART Rate and OSHA Recordable Incident Rate for each of the most recent three years for which data is available shall be less than the current published BLS incidence rates for construction in their trade. Subcontractors shall also have an Insurance Experience Modification Rating (EMR) equal to or less than one (1). Submit OSHA 300 Logs and Insurer’s EMR rating for verification by BSA. Subcontractors with higher rates than those specified, may solely at BSA’s discretion, be permitted to submit for review a detailed explanation of those rates failing to meet the established standard. Subcontractor submission of an explanation or additional information in no way guarantees an acceptance by BSA. (b) Agreements between the Contractor and subcontractors and suppliers shall: (i) include all terms and conditions, to include any insurance requirements, that the Contractor is required to flow down to its subcontractors and suppliers by the terms of these Contract Documents; and (ii) at BSA’s option, provide for the assignment of subcontracts to BSA in the event of termination of this Agreement.