Common use of NOMINATED SUPPLIERS Clause in Contracts

NOMINATED SUPPLIERS. The following provisions shall apply where the supplier of materials or goods to be installed by the Contractor is nominated by the Architect or Owner and is a Nominated Supplier as defined in Subparagraph 17.1.3. 17.3.1 Unless the Architect and Contractor shall otherwise agree, the Architect or Owner shall only nominate any person as a supplier who will enter into a contract of sale which is in accordance with the terms and conditions of this Agreement insofar as they apply to the supply of such item(s). 17.3.2 Where the said contract of sale between the Contractor and the Nominated Supplier in any way restricts, limits or excludes the liability of the Nominated Supplier to the Contractor in respect of materials or goods supplied or to be supplied, and the Architect has specifically approved in writing the said restrictions, limitations or exclusions, the liability of the Contractor to the Owner in respect of the said materials or goods shall be restricted, limited or excluded to the same extent. The Contractor shall not be obliged to enter into a contract with, nor expend Allowances in favour of, the Nominated Supplier until the Architect has specifically approved in writing the said restrictions, limitations or exclusions. 17.3.3 The Contractor shall have the right to require the Nominated Suppliers to furnish bonds covering faithful performance of the supply contract and the payment of all obligations arising thereunder in accordance with the percentage stated in the Appendices and at no cost to the Contractor. 17.3.4 In the event of the termination of a Nominated Supplier for cause as listed in Paragraph 14.2 as applicable between the

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Contractor

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NOMINATED SUPPLIERS. The following provisions shall apply where the supplier of materials or goods to be installed by the Contractor is nominated by the Architect or Owner and is a Nominated Supplier as defined in Subparagraph 17.1.3Section 23.1.3. 17.3.1 23.3.1 Unless the Architect and Contractor shall otherwise agree, the Architect or Owner shall only nominate any person as a supplier who will enter into a contract of sale which is in accordance with the terms and conditions of this Agreement insofar as they apply to the supply of such item(s). 17.3.2 23.3.2 Where the said contract of sale between the Contractor and the Nominated Supplier in any way restricts, limits or excludes the liability of the Nominated Supplier to the Contractor in respect of materials or goods supplied or to be supplied, and the Architect has specifically approved in writing the said restrictions, limitations or exclusions, the liability of the Contractor to the Owner in respect of the said materials or goods shall be restricted, limited or excluded to the same extent. The Contractor shall not be obliged to enter into a contract with, nor expend Allowances in favour of, the Nominated Supplier until the Architect has specifically approved in writing the said restrictions, limitations or exclusions. 17.3.3 23.3.3 The Contractor shall have the right to require the Nominated Suppliers to furnish bonds covering faithful performance of the supply contract and the payment of all obligations arising thereunder in accordance with the percentage stated in the Appendices and at no cost to the Contractor. 17.3.4 In 23.3.4 The Contractor shall only terminate the event of the termination services of a Nominated Supplier for cause as listed in Paragraph 14.2 as applicable between thegood and substantial reason. In the event of such a termination, the Contractor shall immediately notify the Architect who shall upon receipt of such notification: .1 instruct the Contractor to itself proceed with or itself arrange the supply of alternative services, material or goods, or .2 nominate an alternative Nominated Supplier, or .3 issue a Change Order to omit any remaining Work which would otherwise have been carried out by the Nominated Supplier.

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

NOMINATED SUPPLIERS. The following provisions shall apply where the supplier of materials or goods to be installed by the Contractor is nominated by the Architect or Owner and is a Nominated Supplier as defined in Subparagraph 17.1.3Section 23.1.3. 17.3.1 23.3.1 Unless the Architect and Contractor shall otherwise agree, the Architect or Owner shall only nominate any person as a supplier who will enter into a contract of sale which is in accordance with the terms and conditions of this Agreement insofar as they apply to the supply of such item(s). 17.3.2 23.3.2 Where the said contract of sale between the Contractor and the Nominated Supplier in any way restricts, limits or excludes the liability of the Nominated Supplier to the Contractor in respect of materials or goods supplied or to be supplied, and the Architect has specifically approved in writing the said restrictions, limitations or exclusions, the liability of the Contractor to the Owner in respect of the said materials or goods shall be restricted, limited or excluded to the same extent. The Contractor shall not be obliged to enter into a contract with, nor expend Allowances in favour of, the Nominated Supplier until the Architect has specifically approved in writing the said restrictions, limitations or exclusions. 17.3.3 23.3.3 The Contractor shall have the right to require the Nominated Suppliers to furnish bonds covering faithful performance of the supply contract and the payment of all obligations arising thereunder in accordance with the percentage stated in the Appendices and at no cost to the Contractor. 17.3.4 In 23.3.4 The Contractor shall only terminate the event of the termination services of a Nominated Supplier for cause as listed in Paragraph 14.2 as applicable between thegood and substantial reason. In the event of such a termination, the Contractor shall immediately notify the Architect who shall upon receipt of such notification:

Appears in 1 contract

Samples: Standard Abbreviated Form of Agreement Between Owner and Contractor

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NOMINATED SUPPLIERS. The following provisions shall apply where the supplier of materials or goods to be installed by the Contractor is nominated by the Architect or Owner and is a Nominated Supplier as defined in Subparagraph 17.1.3. 17.3.1 Unless the Architect and Contractor shall otherwise agree, the Architect or Owner shall only nominate any person as a supplier who will enter into a contract of sale which is in accordance with the terms and conditions of this Agreement insofar as they apply to the supply of such item(s). 17.3.2 Where the said contract of sale between the Contractor and the Nominated Supplier in any way restricts, limits or excludes the liability of the Nominated Supplier to the Contractor in respect of materials or goods supplied or to be supplied, and the Architect has specifically approved in writing the said restrictions, limitations or exclusions, the liability of the Contractor to the Owner in respect of the said materials or goods shall be restricted, limited or excluded to the same extent. The Contractor shall not be obliged to enter into a contract with, nor expend Allowances in favour of, the Nominated Supplier until the Architect has specifically approved in writing the said restrictions, limitations or exclusions. 17.3.3 The Contractor shall have the right to require the Nominated Suppliers to furnish bonds covering faithful performance of the supply contract and the payment of all obligations arising thereunder in accordance with the percentage stated in the Appendices and at no cost to the Contractor. 17.3.4 In the event of the termination of a Nominated Supplier for cause as listed in Paragraph 14.2 as applicable between thethe Contractor and Nominated Supplier, the Contractor shall immediately notify the Architect of such termination. The Architect shall immediately upon receipt of such notification instruct the Contractor to

Appears in 1 contract

Samples: Construction Contract

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