New Subcontractors Clause Samples
The "New Subcontractors" clause governs the process by which a party, typically a contractor, may engage additional or replacement subcontractors during the course of a project. It usually requires the contractor to seek approval from the client or main contractor before hiring new subcontractors, and may set out criteria or procedures for such approval. This clause ensures that all parties maintain oversight and control over who is performing work on the project, thereby helping to manage quality, compliance, and potential risks associated with unfamiliar or unvetted subcontractors.
New Subcontractors. Service Provider shall give Customer prior written notice of the appointment of any new Subcontractor, including full details of the Processing to be undertaken by the Subcontractor.
New Subcontractors. The Contractor and all of its Subcontractors which have been approved in advance by the Contracting Authority in accordance with this paragraph may only enter into an agreement with a new Subcontractor to perform a part of the Work subject to the Contracting Authority’s approval. This approval must be granted within 20 Business Days after the Contractor has complied with the following:
(i) The Contractor must complete and furnish a new agreement duly signed by the Subcontractor and the Contractor as provided for in Article 17.3 (Agreements with Subcontractors); and
(ii) if the value of the contract is above the threshold value referred to in Article 7 Paragraph (a) (tender threshold for services to the central government) of the general procurement directive (Directive 2004/18/EC): the Contractor must complete and furnish a BIBOB questionnaire (or an equivalent document based on a replacement regulation) which does not point to any Grounds for Exclusion with regard to the Subcontractor, unless the Contracting Authority demonstrates within this period that there are Grounds for Refusal in regard to the new Subcontractor. If the Contracting Authority grants its consent, no Grounds for Exclusion will be deemed to apply to the new Subcontractor.
New Subcontractors. (a) The Contractor and its Subcontractors, for whom the Contracting Authority has granted consent earlier according to this paragraph of this article, may only establish an agreement for the performance of part of the Work with a Subcontractor after receiving consent from the Contracting Authority.
(b) The provisions of paragraph (a) are not applicable to the conclusion of an agreement for the performance of part of the Work with a new Subcontractor if:
(i) the new Subcontractor does not possess any Intellectual Property rights that shall be employed in connection with the Work and will not carry out any activities that are expected to create Intellectual Property rights; and
(ii) the value of the contract with the new Subcontractor is less WKDQ ¼
(c) The Contracting Authority must grant the consent mentioned in paragraph (a) within 20 Working Days after:
(i) the Contractor has submitted a signed agreement as referred to in Article 17.2 (Subcontractor Agreements) concluded between the Contractor and a new Subcontractor who possesses Intellectual Property rights that shall be employed in connection with the Work or shall carry out activities that are expected to create Intellectual Property rights; and
(ii) LI WKH YDOXH RI WKH &RQWUDFW H[FHHGV Contractor has provided a completed BIBOB questionnaire (or a comparable document stemming from regulations introduced in the place thereof) demonstrating that there are no Grounds for Exclusion with regard to the Subcontractor; unless the Contracting Authority demonstrates during this period that a Ground for Refusal applies to the new Subcontractor. If the Contracting Authority grants authorisation then no Grounds for Exclusion are considered to apply to the new Subcontractor.
New Subcontractors. The Supplier will not subcontract any part of the Services to another third party without informing ABN AMRO thereof at least 90 days in advance. During this period, ABN AMRO may subject the proposed third party to Security Testing and other risk assessments. The Supplier will provide all reasonable cooperation in enabling ABN AMRO to perform such assessments. If ABN AMRO reasonably determines that engaging the proposed third party could have an adverse effect on any part of the Services, ABN AMRO will inform the Supplier thereof in writing at least 14 days before the engagement of the new subcontractor is planned to take place. If the Supplier is in such case not able or willing to continue to provide the Services in accordance with the terms of the Agreement without the engagement of the new Subcontractor, ABN AMRO may terminate the agreement with immediate effect pursuant to clause 16.3.
New Subcontractors. Except in connection with a global, enterprise-wide or multi-business unit contracting arrangement entered into by Provider or its Affiliates, or as otherwise provided in Section 4(a), Provider may not subcontract the performance of any obligations of Provider hereunder to any subcontractor that is not an Affiliate of Provider without Recipient's prior written approval, such approval not to be unreasonably withheld or delayed. Provider shall notify Recipient if it does not or cannot secure the right to disclose to Recipient those portions of a contract between Provider (or an Affiliate of Provider) and such subcontractor relating to service levels and the remedies for failing to achieve such service levels for applicable Transition Service(s), and Provider's failure to obtain such approval shall be deemed a reasonable basis for Recipient to withhold its approval hereunder. Each such subcontractor approved by Recipient in accordance herewith shall be referred to as a "New Subcontractor." Provider (i) shall remain primarily responsible under this Agreement for any and all obligations undertaken by any such New Subcontractor and (ii) shall be responsible for compliance by any New Subcontractor with the terms and conditions of this Agreement and for any acts or omissions of such New Subcontractor, other than such acts or omissions at the request or direction of Recipient. Notwithstanding the foregoing, and except as set forth in Section 4(d) hereof, under no circumstances shall Provider have any liability or responsibility for any act or omission of any New Subcontractor that can be characterized as a failure to adequately or appropriately perform any New Subcontracted Services if the applicable New Subcontracted Services otherwise meet the service level standards described in Section 3(a) hereof. Notwithstanding the foregoing, if Recipient contracts directly with any subcontractor for the provision of any Transition Services, Provider shall have no further obligations or responsibilities with respect to such Transition Services, and Provider shall have no liability whatsoever for any acts or omissions of such subcontractor. Provider will provide reasonable advance notice to Recipient of any new subcontractor permitted hereunder but not required to be approved in advance by Recipient, and any Transition Services provided by any such new subcontractor will be provided on the same terms and conditions as such new subcontractor is contractually bound to provide a...