Payment by Subcontractor Sample Clauses

Payment by Subcontractor. Subcontractor shall ensure that all of its subcontractors, employees, and suppliers, at all times, are paid all amounts due in connection with the performance of this Subcontract and Subcontractor shall earmark all payments received in connection with the Project, from Contractor or otherwise, to such persons and for such purpose. Within fourteen (14) days after the execution hereof by Subcontractor, Subcontractor shall provide Contractor with written notice of the subcontractors and suppliers which Subcontractor intends to employ on the Project, and thereafter shall keep Contractor informed of additional or changed subcontractors or suppliers. Contractor shall have the right at all times to contact said persons in order to ensure that the same are being paid by Subcontractor for Work performed or materials furnished on the Project. Subcontractor hereby waives any and all recourse against Contractor for exercising its right to contact Subcontractor’s subcontractors and suppliers. Contractor shall have the right to withhold any payment(s) due under this Subcontract until Subcontractor submits evidence satisfactory to Contractor, in its sole discretion, that amounts owed by Subcontractor in connection with performance of this Subcontract have been paid. Further, Subcontractor agrees that Contractor may, by joint check, direct check, or otherwise, pay all persons or entities who have not been paid the monies due them in connection with this Subcontract whether or not a lien or claim has been filed and Subcontractor shall, to the extent that Contractor has not recovered said amounts pursuant to withholding, pay said amounts to Contractor upon demand. Subcontractor hereby waives any and all recourse against Contractor for exercising its right to pay, by joint check, direct check or otherwise, persons or entities who have not been paid the monies due them in connection with this Subcontract. If the Project is a public works project, Subcontractor further agrees that the Owner, pursuant to ORS 279C.515(1), may directly pay all persons or entities who have not been paid the monies due them by Subcontractor in connection with this Subcontract, and Contractor may pass through any such payments against Subcontractor. However, no payment by Contractor to any subcontractor or supplier of Subcontractor shall be deemed to confer upon said subcontractor or supplier any third party right or benefit. Subcontractor shall also immediately reimburse Contractor for any amounts ...
Sample 1
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Payment by Subcontractor. Subcontractor agrees to pay all bills for third party Work and all obligations incurred in the performance of the Work within ten (10) days of receipt of payment by Prime. In the event payment is not made within such time, Subcontractor’s suppliers and Subcontractors shall have a cause of action in a court of competent jurisdiction to secure payment, when and if requested by Prime. Prime reserves the right, without obligation, to withhold, reduce or recover payment if the Subcontractor fails to pay any third party for labor, materials or other costs incurred by the Subcontractor in performance of the Work as and when due. Additionally, Primes shall also have the right, but no obligation, to make joint checks or withhold and or to require satisfactory lien releases for all suppliers and Subcontractors of Subcontractor. Subcontractor shall furnish as a prerequisite to any progress payment and final payment, a Subcontractor’s Affidavit reciting that all outstanding bills of labor, materials or services then due, up to the date of the current application for payment, have been paid. The Subcontractor’s Affidavit shall be consistent in form and wording as agreed to by Prime and Subcontractor.
Sample 1

Related to Payment by Subcontractor

  • PAYMENT OF SUBCONTRACTORS Contractor shall pay any of its subcontractors not later than seven (7) days after receipt of any progress payment, unless otherwise agreed to in writing, the respective amounts allowed Contractor on account of the work performed by subcontractor(s), to the extent of each subcontractor’s interest therein, except as otherwise provided in Business and Professions Code Section 7108.5.

  • Payment to Subcontractors (If applicable) As required by Minnesota Statute § 16A.1245, the prime Contractor must pay all subContractors, less any retainage, within 10 calendar days of the prime Contractor’s receipt of payment from the State for undisputed services provided by the subContractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subContractor(s) on any undisputed amount not paid on time to the subContractor(s).

  • Payments to Subcontractors Develop and implement a procedure for the review, processing and payment of applications by subcontractors for progress and final payments.

  • Vendor’s Subcontractors TIPS recognizes that many vendors operate in the open market through the use of subcontractors. For that reason, TIPS permits Vendor to utilize subcontractors as authorized and permitted by the TIPS Member Customer. However, all purchase documents must include: (1) Vendor’s Name, as known to TIPS, and; (2) Vendor’s TIPS Contract Name and Number under which it is making the TIPS Sale. Vendor must report the sale pursuant to the terms herein and Vendor agrees that it is legally responsible for all reporting and fee payment as described herein for TIPS Sales even when subcontractors are utilized. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member to Vendor. The Parties intend that Vendor shall be responsible and for actions of subcontractors during a TIPS Sale. Vendor agrees that it is voluntarily authorizing subcontractors and in doing so, Xxxxxx agrees that it is doing so at its own risk and agrees to protect, indemnify, and hold TIPS harmless in accordance with Sections 14-17 above related to subcontractor TIPS Sales made pursuant to this Agreement or purporting to be made pursuant to this Agreement that may be asserted against Vendor whether rightfully brought or otherwise. The Parties further agree that it is no defense to Vendor’s breach of this Agreement that a subcontractor caused Vendor of breach this Agreement.

  • Assignment; Subcontractors Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract or its right, title or interest therein, or its power to execute such Contract to any other person, company, firm or corporation in performance of the Contract, other than the assignment of the right to receive money due, without the prior written consent of the Issuing Entity. Prior to an assignment of the right to receive money becoming effective, Contractor shall file a written notice of such assignment simultaneously with the NYS Comptroller, the Commissioner, and participating Authorized User(s). The Commissioner reserves the right to reject any proposed subcontractor, assignee or supplier for bona fide business reasons, which may include, but are not limited to: that the proposed transferee is on the Department of Labor’s list of companies with which New York State cannot do business; the Commissioner determines that the company is not qualified; unsatisfactory contract performance or service has been previously provided; or attempts were not made to solicit minority and women’s business enterprises (M/WBE) bidders for the subcontract.

  • Subcontractor Any vendor, subcontractor or other Person that is not responsible for the overall servicing (as “servicing” is commonly understood by participants in the mortgage-backed securities market) of Mortgage Loans but performs one or more discrete functions identified in Item 1122(d) of Regulation AB with respect to Mortgage Loans under the direction or authority of the Servicer or a Subservicer.

  • Prompt Payment to Subcontractors (a) Within 7 days of receipt by the Contractor of each payment from the City under this contract, the Contractor shall pay all Subcontractors (which term includes subconsultants and suppliers) based on work completed or service provided under the subcontract. Should any payment to the Subcontractor be delayed by more than 7 days after receipt of payment by the Contractor from the City under this contract, the Contractor shall pay the Subcontractor interest, beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid balance as may be due. By appropriate litigation, Subcontractors shall have the right to enforce this subsection (a) directly against the Contractor, but not against the City of Durham. (b) If the individual assigned to administer this contract for the City (in this section, titled “Prompt Payment to Subcontractors,” he or she will be referred to as the “Project Manager”) determines that it is appropriate to enforce subsection (a) in this manner, the City may withhold from progress or final payments to the Contractor the sums estimated by the Project Manager to be (i) the amount of interest due to the Subcontractor under subsection (a), and/or (ii) the amounts past-due under subsection (a) to the Subcontractor but not exceeding 5% of the payment(s) due from the City to the Contractor. This subsection (b) does not limit any other rights to withhold payments that the City may have. (c) Nothing in this section (titled “Prompt Payment to Subcontractors”) shall prevent the Contractor at the time of invoicing, application, and certification to the City from withholding invoicing, application, and certification to the City for payment to the Subcontractor for unsatisfactory job progress; defective goods, services, or construction not remedied; disputed work; third-party claims filed or reasonable evidence that such a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage to the Contractor or another subcontractor; reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed 10%. (d) The Project Manager may require, as a prerequisite to making progress or final payments, that the Contractor provide statements from any Subcontractors designated by the Project Manager regarding the status of their accounts with the Contractor. The statements shall be in such format as the Project Manager reasonably requires, including notarization if so specified.

  • Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement.

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.

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