Common use of Participating Contractor Clause in Contracts

Participating Contractor. The Participating Contractor shall properly and accurately represent the relationship of the Participating Contractor and its sub-contractor(s) to the State of New York, NYSERDA, and NYSERDA’s Program Implementation contractors. This relationship shall be that the Participating Contractor currently meets Program participation requirements, acts as independent contractor, and voluntarily participates in NYSERDA’s Program. The Participating Contractor shall not represent itself as working for, approved by, or certified by, the State of New York, NYSERDA or NYSERDA’s Program Implementation contractors. The Participating Contractor shall not represent that the services they provide, or the materials they use, are in any way endorsed or approved by the State of New York, NYSERDA, or NYSERDA’s Program implementation contractors. A Participating Contractor employing the services of sub-contractors shall ensure each sub- contractor adheres to Program policies and standards. NYSERDA strongly encourages the use of other Participating Contractors for sub-contracted work to ensure the installed work meets Program standards. Participating Contractors acting as a sub-contractor are expected to perform the work in a manner consistent with Program procedures and policy. Any deficiencies identified in sub-contracted work, regardless of the Program participation status of the sub-contractor, are expected to be resolved by the primary Participating Contractor in a timely manner through either the stated sub-contractor, alternative sub-contractor or directly. Any Participating Contractor serving as a sub-contractor on a Program project may be subject to disciplinary action should the sub-contracted work not comply with BPI, required certifications, licenses, permits, and/or Program policies and standards.

Appears in 5 contracts

Samples: Contractor Participation Agreement, Contractor Participation Agreement, Contractor Participation Agreement

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