Common use of Nature of Subcontract Clause in Contracts

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 paragraphs (a)(i) and (a)(ii).

Nature of Subcontract. The Subcontractor must carry out the Subcontractor’s Activities in accordance with the Subcontract. The Subcontractor acknowledges that: it has been engaged by the Contractor under the Subcontract for the vicarious performance of part of the Contractor’s obligations under the Managing Contractor Contract; the Contractor will be: responsible to the Commonwealth for the performance of the Subcontractor’s Activities; and vicariously liable to the Commonwealth for all acts, omissions and defaults of the Subcontractor (and those of the employees and agents of the Subcontractor) relating to or in any way connected with the Subcontractor’s Activities; and it must perform all of the Subcontractor’s Activities so as to ensure that they comply with the requirements of, and the Contractor discharges its obligations under, the Managing Contractor Contract. Subcontractor’s Obligations The Subcontractor must: without limiting immediately following the operation of clause 2.3(a)Award Date, immediately commence to carry out the Subcontractor’s Activities Activities; subject to clause 2.3(a), commence construction of the Subcontract Works on Site by no later than the date specified in accordance with the SubcontractSubcontract Particulars; 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)4.1; and evidence satisfactory to the Contractor’s Representative under clause 5.5(d5.5(e) that the Subcontractor has caused to be effected and maintained or otherwise have has 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 ContractParticulars; 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 paragraphs (a)(ia) and (a)(iib).

Nature of Subcontract. The Subcontractor must carry out the Subcontractor’s 's Activities in accordance with the Subcontract. The Subcontractor acknowledges that: it has been engaged by the Contractor under this Subcontract for the vicarious performance of part of the Contractor's obligations under the Managing Contractor Contract; the Contractor will be: responsible to the Commonwealth for the performance of the Subcontractor's Activities; and vicariously liable to the Commonwealth for all acts, omissions and defaults of the Subcontractor (and those of the employees and agents of the Subcontractor) relating to or in any way connected with the Subcontractor's Activities; and it must perform all of the Subcontractor's Activities so as to ensure that they comply with the requirements of, and the Contractor discharges its obligations under, the Managing Contractor Contract. The Subcontractor must: without limiting immediately following the operation of clause 2.3(a)Award Date, immediately commence to carry out the Subcontractor’s Activities 's Activities; subject to clause 2.3(a), commence construction of the Subcontract Works on Site by no later than the date specified in accordance with the SubcontractSubcontract Particulars; unless otherwise expressly stated, carry out the Subcontractor’s 's Activities at its cost; and if requested by the Contractor’s 's Representative, must execute a Subcontractor Deed of Covenant (duly completed with all relevant particulars) within the period specified by the Contractor’s 's Representative in such a request and deliver the executed Subcontractor Deed of Covenant to the Contractor’s '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 's Representative: the Approved Security required under clause 4.1 (where the Security comprises Approved Security)4.1; and evidence satisfactory to the Contractor’s 's Representative under clause 5.5(d5.5(c) that the Subcontractor has caused to be effected and maintained or otherwise have the benefit of the insurances required under in accordance with 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 set out in the Subcontract Particulars or elsewhere in the ContractParticulars; 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 's Activities. Any failure 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 any extra costs reasonably incurred by the Subcontractor it which arise directly out of the Contractor’s failure to give 's delay in giving the Subcontractor access to the Site, as determined by the Contractor’s 's Representative. To the extent permitted by law, the Subcontractor The Subcontractor's entitlement under paragraph (b) will not be entitled its only right to make (nor will the Contractor be liable upon) any Claim payment of money arising out of or in connection with from the Contractor’s 's failure to give access as required by clause 2.3(a) and will be subject to the Subcontractor access to the Site, other than under paragraphs (a)(i) and (a)(ii)complying with clause 16.