Common use of PAYROLL AND SALES TAXES Clause in Contracts

PAYROLL AND SALES TAXES. 33. The Contractor hereby accepts exclusive liability and shall, defend, indemnify and hold the Construction Manager and Owner harmless for the payment of contributions pursuant to any Unemployment Insurance Law, Retirement Benefits Law and any other or similar Social Security Law or Payroll or Income Tax now or hereafter enacted by any City, State or Federal Government or any subdivision of either, levied or based upon the payroll of the Contractor for employees partly or wholly engaged in the Work covered by this Agreement. The Contractor agrees to furnish all necessary information to enable the Construction Manager and Owner to comply fully with all the requirements of such laws. All sales and use taxes are included in the Contract Price and are to be paid by the Contractor. In the event that any law is or has been passed, or any rule or regulation pursuant thereof is enacted, which requires the Construction Manager or Owner to pay, either directly or indirectly, the amount of any such tax, or should any such law, rule or regulation direct the Construction Manager or Owner to collect the same, or make the Construction Manager or Owner liable for the collection thereof, or make the Construction Manager or Owner responsible therefor, it is covenanted and agreed that the Contractor shall fully and completely make all payments therefor, and shall fully and completely defend, indemnify and save the Construction Manager and Owner harmless from any and all such taxes. It is further agreed that the Owner or Construction Manager shall have the right to deduct the amount of any and all such taxes from the Contract Price at any time the Owner or Construction Manager may, in their individual, sole discretion, deem it advisable, to the end that the Construction Manager and Owner may not be under liability therefor whatsoever, it being agreed that the Owner and/or Construction Manager shall have the right to deduct any and all such moneys from the next payments due under this Agreement and from the retained percentages. If any Sales Tax provides any exemption from tax for capital improvements, Owner agrees to provide Contractor with the necessary certification and Contractor agrees not to charge tax with respect to the furnishing of labor and/or materials as long as said exemption provision is in effect. The Contractor shall not employ any individuals as independent contractors on the Project; all subcontractors shall be incorporated entities or limited liability companies.

Appears in 4 contracts

Samples: esd.ny.gov, cdn.esd.ny.gov, esd.ny.gov

AutoNDA by SimpleDocs

PAYROLL AND SALES TAXES. 3332. The Contractor hereby accepts exclusive liability and shall, defend, indemnify and shall hold the Owner and Construction Manager and Owner harmless for the payment of contributions pursuant to any Unemployment Insurance Law, Old Age Retirement Benefits Law and any other or similar Social Security Law or Payroll or Income Tax now or hereafter enacted by any City, State or Federal Government or any subdivision of either, levied or based upon the payroll of the Contractor for employees partly or wholly engaged in the Work work covered by this Agreementcontract. The Contractor agrees to furnish all necessary information to enable the Construction Manager and Owner to comply fully with all the requirements of such laws. All sales and use taxes are included in the Contract Price contract price and are to be paid by the Contractor. In the event that any law is or has been passed, . or any rule or regulation pursuant thereof is enacted, which requires the Construction Manager or Owner to pay, either directly or indirectly, the amount of any such tax, or should any such law, rule or regulation direct the Construction Manager or Owner to collect the same, or make the Construction Manager or Owner liable for the collection thereof, or make the Construction Manager or Owner responsible therefor, it is covenanted and agreed that the Contractor shall fully and completely make all payments therefor, and shall fully and completely defend, indemnify Indemnify and save the Construction Manager and Owner harmless from any and all such taxes. It is further agreed that the Owner or Construction Manager shall have the right to deduct the amount of any and all such taxes from the Contract Price contract price at any time the Owner or Construction Manager may, in their individual, its sole discretion, deem it advisable, to the end that the Construction Manager and Owner may not be under liability therefor whatsoever, it being agreed that the Owner and/or Construction Manager shall have the right to deduct any and all such moneys from the next payments due under this Agreement contract and from the retained percentages. If any Sales Tax provides any exemption from tax for capital improvements, Owner agrees to provide Contractor with the necessary certification and Contractor agrees not to charge tax with respect to the furnishing of labor and/or materials as long as said exemption provision is in effect. The Contractor shall not employ any individuals as independent contractors on the Project; all subcontractors shall be incorporated entities or limited liability companies.

Appears in 1 contract

Samples: Us Bridge of New York Inc

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!