Common use of Payments to Subcontractors; Vendors Clause in Contracts

Payments to Subcontractors; Vendors. Supplier shall timely make payments to subcontractors and materialmen/vendors as provided for in its subcontracts and purchase orders or at such earlier time as may be necessary to avoid having a mechanic’s lien or other lien placed on any of Newmont’s property, and Supplier shall indemnify and hold Newmont harmless against any demand or actions of its subcontractor as a result of Supplier’s breach of such obligation. Newmont reserves the right to make payments due hereunder directly to suppliers or subcontractors of Supplier if Newmont, in its reasonable discretion, believes that Supplier has not paid or is likely not to timely pay the amounts due to them for Services or Equipment provided to Newmont. The making of payment shall not prejudice Newmont’s right to reject Services or Equipment that do not comply with the requirements of this Agreement. Newmont shall have the right to setoff amounts owing from Supplier to Newmont against payment under this Agreement. In addition, if Newmont reasonably believes it might become obligated to pay any amount to a third party or incur other costs, expenses or losses as a result of Supplier’s negligence, or failure to fulfill obligations under this Agreement, Newmont shall have the right, in addition to any other remedy available in law or in equity, to setoff and deduct from monies due or to become due to Supplier the sum that is reasonably necessary to cover such amounts, costs, expenses and losses. Any sums so deducted that are subsequently determined to be due Supplier shall thereafter be due and promptly paid to Supplier.

Payments to Subcontractors; Vendors. Supplier shall timely make payments to subcontractors and materialmen/vendors as provided for in its subcontracts and purchase orders or at such earlier time as may be necessary to avoid having a mechanic’s lien or other lien placed on any of Newmont’s property, and Supplier shall indemnify and hold Newmont harmless against any demand or actions of its subcontractor as a result of Supplier’s breach of such obligation. Newmont reserves the right to make payments due hereunder directly to suppliers or subcontractors of Supplier if Newmont, in its reasonable discretion, believes that Supplier has not paid or is likely not to timely pay the amounts due to them for Goods or Services or Equipment provided to Newmont. The making of payment shall not prejudice Newmont’s right to reject Goods or Services or Equipment that do not comply with the requirements of this Agreement. Newmont shall have the right to setoff amounts owing from Supplier to Newmont against payment under this Agreement. In addition, if Newmont reasonably believes it might become obligated to pay any amount to a third party or incur other costs, expenses or losses as a result of Supplier’s negligence, or failure to fulfill obligations under this Agreement, Newmont shall have the right, in addition to any other remedy available in law or in equity, to setoff and deduct from monies due or to become due to Supplier the sum that is reasonably necessary to cover such amounts, costs, expenses and losses. Any sums so deducted that are subsequently determined to be due Supplier shall thereafter be due and promptly paid to Supplier.