Nature of Subcontract Sample Clauses

Nature of Subcontract. The Subcontractor must carry out the Subcontractor’s Activities in accordance with the Subcontract. The Subcontractor must: without limiting the operation of clause 2.3(a), immediately commence to carry out the Subcontractor’s Activities in accordance with the Subcontract; unless otherwise stated, carry out the Subcontractor’s Activities at its cost; and if requested by the Contractor’s Representative, execute a Subcontractor Deed of Covenant (duly completed with all relevant particulars) within the period specified by the Contractor’s Representative in such a request and deliver the executed Subcontractor Deed of Covenant to the Contractor’s Representative. The Contractor must: give the Subcontractor sufficient access to the Site to allow it to commence work on the Site on the later of: satisfaction of the following conditions precedent to access: the Subcontractor having provided to the Contractor’s Representative: the Approved Security required under clause 4.1 (where the Security comprises Approved Security); and evidence satisfactory to the Contractor’s Representative under clause 5.5(d) that the Subcontractor has caused to be effected and maintained or otherwise have the benefit of the insurances required under clause 5.5; the Environmental Management Plan, the Site Management Plan and the Work Health and Safety Plan having been finalised under clause 9.2; and any other conditions specified in the Subcontract Particulars or elsewhere in the Contract; and the date specified in the Subcontract Particulars; and subject to other provisions of the Subcontract affecting access, continue to allow the Subcontractor sufficient access to the Site to enable it to carry out the Subcontractor’s Activities. Any failure by the Contractor to give access as required by clause 2.3(a) will not be a breach of the Subcontract but will entitle the Subcontractor to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor which arise directly out of the Contractor’s failure to give the Subcontractor access to the Site, as determined by the Contractor’s Representative. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any Claim arising out of or in connection with the Contractor’s failure to give the Subcontractor access to the Site, other than under par...
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Nature of Subcontract. 1.1 The Subcontractor shall perform the entire Subcontract Work as specified in Exhibit «N» and described in the Contract Documents for the Project.
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Nature of Subcontract. 4.1 SUBCONTRACTOR TO PERFORM THE WORK UNDER THE SUBCONTRACT (a) execute and complete the Work under the Subcontract: (i) in accordance with. (A) the Subcontract; and (B) any direction of the Contractor given or purported to be given under a provision of the Subcontract, including any Variation directed in accordance with clause 22. (ii) using good workmanship and materials which are of a quality fit for their intended purposes. (iii) so that the Subcontractor’s Temporary Works will at all relevant times be fit for their intended purposes. (iv) so that the Subcontract Works will: (A) upon Completion, be fit for their intended purposes; and (B) thereafter, at all relevant times during the Term, be capable of remaining fit for their intended purposes. (b) perform and observe all other obligations under the Subcontract. (c) comply at its own cost with any instructions or directions given by the Contractor to Subcontractor concerning the Work under the Subcontract and anything connected with the Work under the Subcontract unless the Subcontract expressly provides otherwise. (d) in executing the Work under the Subcontract: (i) provide all things and take all measures necessary to protect people and property. (ii) utilise items that have branding specific to the Contractor as supplied by the Contractor. (iii) avoid unnecessary or unreasonable interference with the passage of people and vehicles; and (iv) prevent nuisance and unreasonable noise and disturbance. (e) if wishing to deviate from any obligation created under this Subcontract, obtain written approval before carrying out said deviation.
Sample 1
Nature of Subcontract. (a) The Subcontract Sum is deemed to compensate the Subcontractor for performing all of its obligations under the Subcontract. (b) The Subcontractor acknowledges and agrees that where the Subcontract is a: (i) schedule of rates or part schedule of rates contract (that is, the extent to which the Contractor has accepted a rate or rates to ascertain the Subcontract Sum), then with respect thereto: (A) the calculation of payment on a schedule of rates basis will be based on the work items identified in the priced schedule of rates in the approved schedule of rates (‘scheduled items’). (B) payment for the schedule of rates will be calculated by multiplying the rate for a schedule item stated in the priced schedule of rates by the measure quantity of that item actually directed and performed in accordance with the Subcontract. (C) the rate for a scheduled item is deemed to include all things necessary to perform the schedule item in accordance with the Subcontract (even thought all of those things may not be separately itemised) and all on-site and off-site overheads and profit in connection with the schedule item. (D) if the priced schedule of rates includes any quantities, those quantities are only approximate or estimated quantities and the Subcontractor did not rely on the completeness, accuracy of adequacy of those quantities. (E) any descriptions of work in the priced schedule of rates (including descriptions of schedule items) are only general descriptions and the Subcontractor did not rely on those descriptions as being a complete description of the work covered. (F) if the priced schedule of rates omits an item which should have been included, the omitted item is deemed to be included in the items that are identified in the priced schedule of rates; and (G) the Contractor has not warranted or make any representation or assumed any duty of care or liability with respect to, the completeness, accuracy or adequacy of any quantities included in the priced schedule of rates or any descriptions of work in the priced schedule of rates (including descriptions of scheduled items). (ii) lump sum or part lump sum contract (that is, the extent to which the Contractor has accepted a lump sum or lump sum as, or part of, the Subcontract Sum), then with respect there to: (A) a lump sum is deemed to include all things necessary to perform the applicable lump sum work in accordance with the Subcontract (even though all of those things may not be separately itemised) and...
Sample 1

Related to Nature of Subcontract

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • HUB Subcontracting Plan The Owner has adopted Exhibit H, Policy on Utilization of Historically Underutilized Business ("Policy"), which is incorporated herein by reference. Contractor, as a provision of the Agreement must comply with the requirements of the Policy and adhere to the HUB Subcontracting Plan submitted with Contractor's Proposal and attached as Exhibit I. No changes to the HUB Subcontracting Plan can be made by the Contractor without the prior written approval of the Owner in accordance with the Policy.

  • Use of Subservicers and Subcontractors (a) The Master Servicer shall cause any Subservicer used by the Master Servicer (or by any Subservicer) for the benefit of the Depositor to comply with the provisions of Section 3.16 and this Article XI to the same extent as if such Subservicer were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person). The Master Servicer shall be responsible for obtaining from each Subservicer and delivering to the Depositor any servicer compliance statement required to be delivered by such Subservicer under Section 3.16, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 11.07 and any certification required to be delivered to the Certifying Person under Section 11.05 as and when required to be delivered. As a condition to the succession to any Subservicer as subservicer under this Agreement by any Person (i) into which such Subservicer may be merged or consolidated, or (ii) which may be appointed as a successor to any Subservicer, the Master Servicer shall provide to the Depositor, at least 15 calendar days prior to the effective date of such succession or appointment, (x) written notice to the Depositor of such succession or appointment and (y) in writing and in form and substance reasonably satisfactory to the Depositor, all information reasonably requested by the Depositor in order to comply with its reporting obligation under Item 6.02 of Form 8-K. (b) It shall not be necessary for the Master Servicer, any Subservicer or the Trustee to seek the consent of the Depositor or any other party hereto to the utilization of any Subcontractor. The Master Servicer or the Trustee, as applicable, shall promptly upon request provide to the Depositor (or any designee of the Depositor, such as the Master Servicer or administrator) a written description (in form and substance satisfactory to the Depositor) of the role and function of each Subcontractor utilized by such Person (or in the case of the Master Servicer or any Subservicer), specifying (i) the identity of each such Subcontractor, (ii) which (if any) of such Subcontractors are "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, and (iii) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be a Reporting Subcontractor, the Master Servicer or the Trustee, as applicable, shall cause any such Subcontractor used by such Person (or in the case of the Master Servicer or any Subservicer) for the benefit of the Depositor to comply with the provisions of Sections 11.07 and 11.09 of this Agreement to the same extent as if such Subcontractor were the Master Servicer (except with respect to the Master Servicer's duties with respect to preparing and filing any Exchange Act Reports or as the Certifying Person) or the Trustee, as applicable. The Master Servicer or the Trustee, as applicable, shall be responsible for obtaining from each Subcontractor and delivering to the Depositor and the Master Servicer, any assessment of compliance and attestation required to be delivered by such Subcontractor under Section 11.05 and Section 11.07, in each case as and when required to be delivered.

  • Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • PAYMENT OF SUBCONTRACTORS Contractor shall pay any of its subcontractors not later than seven (7) days after receipt of any progress payment, unless otherwise agreed to in writing, the respective amounts allowed Contractor on account of the work performed by subcontractor(s), to the extent of each subcontractor’s interest therein, except as otherwise provided in Business and Professions Code Section 7108.5.

  • Scope of Supply 12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.

  • Oversight of Subcontractors In the event that Vendor engages subcontractors or other authorized persons or entities to perform one or more of its obligations under the Master Agreement (including subcontracting hosting of the Protected Data to a hosting service provider), it will require those subcontractors or other authorized persons or entities to whom it will disclose the Protected Data to execute legally binding agreements acknowledging their obligation under Section 2-d of the New York Education Law to comply with all applicable data protection, privacy and security requirements required of Vendor under the Master Agreement and applicable state and federal law and regulations.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Appointment of Subservicer or Subcontractor (a) The Servicer may at any time appoint a subservicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Delaware Trustee, the Indenture Trustee, the Certificateholders and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the subservicer shall be as agreed between the Servicer and its subservicer from time to time, and none of the Issuer, the Owner Trustee, the Delaware Trustee, the Indenture Trustee, the Certificateholders or the Noteholders shall have any responsibility therefor. (b) The Servicer shall cause any Subservicer used by the Servicer (or by any Subservicer) for the benefit of the Issuer to comply with the reporting and compliance provisions of this Agreement to the same extent as if such Subservicer were the Servicer, and to provide the information required with respect to such Subservicer as is required to file all required reports with the Commission. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Issuer and the Administrator any servicer compliance statement required to be delivered by such Subservicer under Section 3.11, any assessment of compliance and attestation required to be delivered by such Subservicer under Section 3.12 and any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 3.12(a)(iv) as and when required to be delivered. (c) The Servicer shall promptly upon request provide to the Issuer or the Administrator, acting on behalf of the Issuer, a written description (in form and substance satisfactory to the Issuer and the Administrator) of the role and function of each Subcontractor utilized by the Servicer or any Subservicer, specifying (i) the identity of each such Subcontractor, (ii) which, if any, of such Subcontractors are “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, and (iii) which, if any, elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Subcontractor identified pursuant to clause (ii) of this paragraph. As a condition to the utilization of any Subcontractor determined to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, the Servicer shall cause any such Subcontractor used by the Servicer (or by any Subservicer) for the benefit of the Issuer and the Depositor to comply with the reporting and compliance provisions of Section 3.12(a) of this Agreement to the same extent as if such Subcontractor were the Servicer. The Servicer shall be responsible for obtaining from each Subcontractor and delivering to the Issuer and the Administrator any assessment of compliance and attestation required to be delivered by such Subcontractor, in each case as and when required to be delivered.

  • Use of sub-processors (a) The data importer has the data exporter’s general authorisation for the engagement of sub- processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub- processors at least within ten (10) days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object. (b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.

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