RIGHT TO SUBCONTRACT SERVICES Clause Samples

RIGHT TO SUBCONTRACT SERVICES. With the prior written approval of Owner, Consultant may subcontract such Services as Consultant deems necessary to meet its obligations under this Agreement, and to the extent required by Law, such Subcontractors shall be appropriately licensed. AUTHORIZED REPRESENTATIVE Consultant shall designate in writing a person empowered to act as Consultant’s representative with respect to its performance under this Agreement. Consultant’s representation is identified under Article 11. Such person shall have complete authority to bind Consultant under this Agreement. If Consultant wants to change its representative or the representative’s authority, Consultant shall provide written notice to Owner requesting consent to the proposed changes. Owner shall not unreasonably withhold consent to Consultant’s proposed changes. SITE DAMAGE Consultant shall take reasonable precautions to minimize damage to the Site. However, Owner recognizes that, depending upon the types of Services, some damage may occur in the normal course of the Services. SAMPLES In the event samples are collected, Consultant shall be responsible for the proper delivery, handling, storage, removal, and disposal of all substances and materials brought to the Worksite by Consultant for the performance of its Services. Disposal of samples or sampling process byproducts by Consultant shall be done in accordance with applicable Laws and regulations. HAZARDOUS MATERIAL A Hazardous Material is any substance or material identified as hazardous under any federal, state, or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or clean-up. Consultant shall not be required to perform Services at the Worksite relating to or in the area of the Hazardous Material without written mutual agreement. To the extent permitted under Section 6.1 and to the extent not caused by the negligent acts or omissions of Consultant, its Subcontractors, material suppliers, and Subsubcontractors, and the agents, officers, directors, and employees of each of them, Owner shall indemnify and hold harmless Consultant, its Subcontractors and Subsubcontractors, and the agents, officers, directors, and employees of each of them, from and against all claims, damages, losses, costs, and expenses, incurred in connection with any dispute resolution procedure arising out of or relating to the performance of the Services ...

RIGHT TO SUBCONTRACT SERVICES. The CLIENT agrees that PCC is authorized and permitted to subcontract any services to be provided by PCC to third parties who may be independent of PCC, and that PCC shall not be liable for any loss or damage sustained by the CLIENT caused by the negligence of any third parties. The CLIENT appoints PCC to act as its agent with respect to such third parties, except that PCC shall not obligate the CLIENT to make any payments to such third parties. The CLIENT acknowledges that this Agreement, and particularly those provisions relating to PCC’s disclaimer of warranties, exemption from liability, even for its negligence and indemnification, inure to the benefit of and are applicable to any subcontractor(s) of PCC.

RIGHT TO SUBCONTRACT SERVICES. Owner acknowledges that (a) Contractor may not be the sole providers of the Services, and (b) Contractor may use third party Subcontractors to perform many of the Services; provided, however, that the use of such Subcontractors: (i) shall be at Contractor’s sole cost and expense [(except to the extent such expenses are to be reimbursed by Owner hereunder)]; and (ii) shall not relieve Contractor from liability to Owner for the performance of all obligations required by the terms of this Agreement. NCPH to Act as Owner. Contractor acknowledges that, notwithstanding anything herein to the contrary, NCPH shall have the right to act as and for Owner without requiring any discussion, consultation or other input from Elizabethtown LLC or Lumberton LLC. [DISCUSS ARTICLE III.]

RIGHT TO SUBCONTRACT SERVICES. Cargill reserves the right to use third-party service providers to provide all or part of the Service. Cargill shall remain responsible, how ever, for the proper performance of all of its obligations under this Agreement, w ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ performs its obligations directly or through a subcontractor.