Pass-Through Claims Sample Clauses

Pass-Through Claims. In the event of any dispute or claim between Contractor and Owner which directly or indirectly involves the Work performed or to be performed by Subcontractor, or in the event of any dispute or claim between Contractor and Subcontractor caused by or arising out of conduct for which Owner may be responsible, Subcontractor agrees to be bound to Contractor and Contractor agrees to he bound to Subcontractor to the same extent that Contractor is bound to Owner by the terms of the Main Contract and by any and all procedures and resulting decisions, findings, determinations, or awards made thereunder by the person so authorized in the Main Contract, or by an administrative agency, board, court of competent jurisdiction or arbitration. If any dispute or claim of Subcontractor is prosecuted or defended by Contractor together with disputes or claims of Contractor’s own, and Subcontractor is not directly a party, Subcontractor agrees to cooperate fully with Contractor and to furnish all documents, statements, witnesses, and other information required by Contractor for such purpose and shall pay or reimburse Contractor for all expenses and costs, including reasonable attorneys’ fees incurred in connection therewith, to the extent of Subcontractor’s interest in such claim or dispute. Subcontractor agrees to be bound by the procedure and final determinations as specified in the Main Contract and agrees that it will not take, or will suspend, any other action or actions (including but not limited to any arbitration(s) or action(s) commenced pursuant to the Federal Xxxxxx Act, state lien statutes, Bond or Retainage Act(s)) with respect to any such claims and will pursue no independent litigation with respect thereto, pending final determination of any dispute resolution procedure between Owner and Contractor. It is expressly understood and agreed that as to any and all claims asserted by Subcontractor in connection with this project arising from the actions or fault of Owner, Contractor shall not be liable to Subcontractor for any greater amount than Owner is liable to Contractor, less any markups or costs incurred by Contractor. As to any claims asserted by Subcontractor for or on account of acts or omissions of Owner or its agents or design professionals, at the sole option of Contractor, Subcontractor agrees to prosecute such claims in Contractor’s name. For any amount recovered or collected (whether through proceedings or settlement) by Subcontractor, Contractor shall...

Pass-Through Claims. 12.4.1 If Subcontractor is unsatisfied with any Change Order or Construction Change Directive, or 12.4.2 Notice of any claim by Subcontractor which will affect or become part of a claim which Contractor is required by the Prime Contract to make within a specified time period or in a specified manner shall be made in writing prior to executing the change and in no later than seventy-two (72) hours after the occurrence of the event giving rise to the claim. Submittal of the details of any such claim shall be made in writing in sufficient time and sufficient manner to permit Contractor to satisfy the requirements of the Prime Contract. Such submissions shall be received by Contractor not less than ten (10) days preceding the time by which Contractor’s submission must be made. Failure of Subcontractor to satisfy the requirements of this Subparagraph shall bind Subcontractor to the same consequences as those to which Contractor is bound.

Pass-Through Claims. 12.4.1 If Subcontractor is unsatisfied with any Change Order or Construction Change Directive, or otherwise has a claim for which Owner is or may be responsible, Contractor, upon Subcontractor’s timely request and at Subcontractor’s sole expense, will either at Contractor’s sole option (a) prosecute Subcontractor’s claims singly or in combination with its own claims, claims by other subcontractors or both, or (b) assist Subcontractor in presenting its claims to Owner, Architect and/or Engineer in Contractor’s name, but in so doing Contractor acts solely as a conduit for such claim and assumes no responsibility or liability therefor. If the Contractor elects to authorize the Subcontractor to prosecute its claims in the name of the Contractor, Subcontractor 12.4.2 Notice of any claim by Subcontractor which will affect or become part of a claim which Contractor is required by the Prime Contract to make within a specified time period or in a specified manner shall be made in writing prior to executing the change and in no later than seventy-two (72) hours after the occurrence of the event giving rise to the claim. Submittal of the details of any such claim shall be made in writing in sufficient time and sufficient manner to permit Contractor to satisfy the requirements of the Prime Contract. Such submissions shall be received by Contractor not less than ten (10) days preceding the time by which Contractor’s submission must be made. Failure of Subcontractor to satisfy the requirements of this Subparagraph shall bind Subcontractor to the same consequences as those to which Contractor is bound.

Pass-Through Claims. 12.4.1 If Subcontractor is unsatisfied with any Change Order or Construction Change Directive, or otherwise has a claim for which Owner is or may be responsible, Contractor, upon Subcontractor’s timely request and at Subcontractor’s sole expense, will either at Contractor’s sole option (a) prosecute Subcontractor’s claims singly or in combination with its own claims, claims by other subcontractors or both, or (b) assist Subcontractor in presenting its claims to Owner, Architect and/or Engineer in Contractor’s name, but in so doing Contractor acts solely as a conduit for such claim and assumes no responsibility or liability therefor. If the Contractor elects to authorize the Subcontractor to prosecute its claims in the name of the Contractor, Subcontractor shall furnish copies of all documents concerning the claim and the prosecution and appeal of such claim to Contractor; consult with Contractor from time to 12.4.2 Notice of any claim by Subcontractor which will affect or become part of a claim which Contractor is required by the Prime Contract to make within a specified time period or in a specified manner shall be made in writing prior to executing the change and in no later than seventy-two (72) hours after the occurrence of the event giving rise to the claim. Submittal of the details of any such claim shall be made in writing in sufficient time and sufficient manner to permit Contractor to satisfy the requirements of the Prime Contract. Such submissions shall be received by Contractor not less than ten (10) days preceding the time by which Contractor’s submission must be made. Failure of Subcontractor to satisfy the requirements of this Subparagraph shall bind Subcontractor to the same consequences as those to which Contractor is bound.

Pass-Through Claims. 35.2.1 Subject to the principles set out in this clause 35.2 all entitlements which the Operations Subcontractor has against the Private Party under this Agreement where the Private Party has corresponding entitlements against the Municipality under the PPP Agreement will be pass through claims, including, but not limited to, in relation to Force Majeure, Unforeseeable Conduct, Relief Events, Compensation Events (Pass Through Claims). 35.2.2 Where Pass Through Claims arise, the Private Party has certain entitlements under the PPP Agreement. The purpose of this clause 35.2 is to provide the Operations Subcontractor with comparable entitlements in respect of Pass Through Claims and, subject to the provisions of this Agreement, to limit the Operations Subcontractor’s rights against the Private Party in respect of Pass Through Claims by reference to the Private Party’s entitlements under the PPP Agreement. 35.2.3 In respect of all Pass Through Claims the Private Party must, in a timely manner and subject to its obligations under the PPP Agreement, give the Operations Subcontractor copies of all relevant documents and other information and allow the Operations Subcontractor (at the Operations Subcontractor's cost) an opportunity to attend relevant meetings and expert hearings and make submissions to the Private Party, where permitted by the PPP Agreement.

Pass-Through Claims. In the event of any dispute or claim between CONTRACTOR and OWNER which directly or indirectly involves the work performed or to be performed by SUBCONTRACTOR, or in the event of any dispute or claim between CONTRACTOR and SUBCONTRACTOR caused by or arising out of conduct for which OWNER may be responsible, SUBCONTRACTOR agrees to be bound to CONTRACTOR and CONTRACTOR agrees to be bound to SUBCONTRACTOR to the same extent that CONTRACTOR is bound to OWNER by the terms of the Main Contract and by any and all procedures and resulting decisions, findings, determinations, or awards made thereunder by the person so authorized in the Main Contract, or by any administrative agency, board, court of competent jurisdiction or arbitration. SUBCONTRACTOR agrees to be bound by the procedure and final determinations as specified in the Main Contract and agrees that it will not take, or will stay or suspend, any other action or actions including but not limited to any arbitration(s) or action(s) commenced pursuant to the Federal Xxxxxx Act, state lien statutes, Bond or Retainage Act(s) with respect to any such claims and will pursue no independent litigation with respect thereto, pending final determination of any dispute resolution procedure between OWNER and CONTRACTOR. If any dispute or claim of SUBCONTRACTOR is prosecuted or defended by CONTRACTOR together with disputes or claims of CONTRACTOR'S own, and SUBCONTRACTOR is not directly a party, SUBCONTRACTOR agrees to cooperate fully with CONTRACTOR and to furnish all documents, statements, witnesses, and other information required by CONTRACTOR for such purpose and shall pay or reimburse CONTRACTOR for all expenses and costs, including reasonable attorneys' fees incurred in connection therewith, to the extent of SUBCONTRACTOR'S interest in such claim or dispute. It is expressly understood and agreed that as to any and all claims asserted by SUBCONTRACTOR in connection with this project arising from the actions or fault of OWNER, CONTRACTOR shall not be liable to SUBCONTRACTOR for any greater amount than OWNER is liable to CONTRACTOR, less any markups or costs incurred by CONTRACTOR. As to any claims asserted by SUBCONTRACTOR for or on account of acts or omissions of OWNER or its agents or design professionals, at the sole option of CONTRACTOR, SUBCONTRACTOR agrees to prosecute such claims in CONTRACTOR'S name. For any amount recovered or collected, whether through proceedings or settlement, by SUBCONTRACTOR, CONTRACTO...

Pass-Through Claims. In the event that a claim, cause of action, dispute, or other matter in question is asserted by Subcontractor against Contractor but which Contractor, in its sole discretion, asserts is the responsibility of the Owner, the Architect, or their agents or representatives or is asserted by Owner against Contractor but which Contractor in its sole discretion, asserts is the responsibility of Subcontractor (hereinafter “pass through claim”), Subcontractor agrees that the dispute shall be resolved in accordance with any and all dispute resolution procedures in the Contract Documents and Subcontractor shall be bound to Contractor to the same extent as Contractor is bound to those procedures and to any associated rights and remedies as provided in the Contract Documents.