Common use of RIGHT TO SUBCONTRACT SERVICES Clause in Contracts

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 in any area affected by Hazardous Material. Material Safety Data (MSD) sheets as required by Law and pertaining to materials or substances used or consumed in the performance of the Services, whether obtained by Consultant, Subcontractors, Owner, or Others, shall be maintained at the Worksite by Consultant and made available to Owner and Subcontractors. During Consultant's performance of the Services, Consultant shall be responsible for the proper handling of all materials brought to the Worksite by Consultant. BOOK AND RECORDS Consultant shall maintain a complete set of all books, records, reports, photos, electronic data, and other records, including boring logs, field data, laboratory test data, and calculations prepared or used by Consultant with respect to the Project. Consultant's records shall be current, complete, and accurate. Owner shall be afforded reasonable access during normal business hours to all Consultant's records relating to this Agreement. Consultant’s duty of preservation and Owner’s right of access to all such records shall extend for the duration of the statute of Limitations that governs when this Agreement was executed or three years, whichever is longer. OPINIONS OF COST. Consultant agrees to use reasonable skill and judgment in the preparation of cost estimates, but does not warrant or guarantee them. COMPLIANCE WITH LAWS. Consultant shall give all notices and comply with all Laws at its own cost. Consultant shall be liable to Owner for all loss, cost, and expense attributable to any acts or omissions by Consultant, its employees, Subcontractors, and agents resulting from the failure to comply with Laws, including fines, penalties, or corrective measures. However, liability under this subsection shall not apply if advance written notice to Owner was given, and advance written approval by appropriate authorities, including Owner, is received. Consultant shall provide periodic written reports to Owner on the progress of the Services in such detail as is required by Owner and as agreed to by Owner and Consultant.

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 be responsible for 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 in any area affected by Hazardous Material. Material Safety Data (MSD) sheets as required by Law and pertaining to materials or substances used or consumed in the performance of the Services, whether obtained by Consultant, Subcontractors, Owner, or Others, shall be maintained at the Worksite by Consultant and made available to Owner and Subcontractors. During Consultant's performance of the Services, Consultant shall be responsible for the proper handling of all materials brought to the Worksite by Consultant. Owner represents that it has disclosed in writing to Consultant the existence of any Hazardous Material known by Owner to exist on or near the Worksite. After commencing the Services, if unanticipated Hazardous Material is discovered at the Worksite, Consultant shall be entitled to immediately stop work in the affected area. Consultant shall promptly report the condition to Owner and, if required, the governmental agency with jurisdiction. Consultant shall not be required to perform any Services relating to or in the area of unanticipated Hazardous Material without written mutual agreement. Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the unanticipated material encountered and whether it is a Hazardous Material requiring corrective measures or remedial actions. Such measures and actions shall be the sole responsibility of Owner, and shall be performed in a manner minimizing any adverse effect upon the Services of Consultant. Consultant shall resume work in the area affected by any unanticipated Hazardous Material only after the unanticipated Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency with jurisdiction. If Consultant incurs additional costs or is delayed due to the presence or remediation of unanticipated Hazardous Material, Consultant shall be entitled to an equitable adjustment in Consultant's Fee. BOOK AND RECORDS Consultant shall maintain a complete set of all books, records, reports, photos, electronic data, and other records, including boring logs, field data, laboratory test data, and calculations prepared or used by Consultant with respect to the Project. Consultant's records shall be current, complete, and accurate. Owner shall be afforded reasonable access during normal business hours to all Consultant's records relating to this Agreement. Consultant’s duty of preservation and Owner’s right of access to all such records shall extend for the duration of the statute of Limitations that governs when this Agreement was executed or three years, whichever is longer. OPINIONS OF COST. Consultant agrees to use reasonable skill and judgment in the preparation of cost estimates, but does not warrant or guarantee them. COMPLIANCE WITH LAWS. Consultant shall give all notices and comply with all Laws at its own cost. Consultant shall be liable to Owner for all loss, cost, and expense attributable to any acts or omissions by Consultant, its employees, Subcontractors, and agents resulting from the failure to comply with Laws, including fines, penalties, or corrective measures. However, liability under this subsection shall not apply if advance written notice to Owner was given, and advance written approval by appropriate authorities, including Owner, is received. Consultant shall provide periodic written reports to Owner on the progress of the Services in such detail as is required by Owner and as agreed to by Owner and Consultant.

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 allbe responsible for 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 in any area affected by Hazardous Material. Material Safety Data (MSD) sheets as required by Law and pertaining to materials or substances used or consumed in the performance of the Services, whether obtained by Consultant, Subcontractors, Owner, or Others, shall be maintained at the Worksite by Consultant and made available to Owner and Subcontractors. During Consultant's performance of the Services, Consultant shall be responsible for the proper handling of all materials brought to the Worksite by Consultant. Owner represents that it has disclosed in writing to Consultant the existence of any Hazardous Material known by Owner to exist on or near the Worksite. After commencing the Services, if unanticipated Hazardous Material is discovered at the Worksite, Consultant shall be entitled to immediately stop work in the affected area. Consultant shall promptly report the condition to Owner and, if required, the governmental agency with jurisdiction. Consultant shall not be required to perform any Services relating to or in the area of unanticipated Hazardous Material without written mutual agreement. Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the unanticipated material encountered and whether it is a Hazardous Material requiring corrective measures or remedial actions. Such measures and actions shall be the sole responsibility of Owner, and shall be performed in a manner minimizing any adverse effect upon the Services of Consultant. Consultant shall resume work in the area affected by any unanticipated Hazardous Material only after the unanticipated Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency with jurisdiction. If Consultant incurs additional costs or is delayed due to the presence or remediation of unanticipated Hazardous Material, Consultant shall be entitled to an equitable adjustment in Consultant's Fee. BOOK AND RECORDS Consultant shall maintain a complete set of all books, records, reports, photos, electronic data, and other records, including boring logs, field data, laboratory test data, and calculations prepared or used by Consultant with respect to the Project. Consultant's records shall be current, complete, and accurate. Owner shall be afforded reasonable access during normal business hours to all Consultant's records relating to this Agreement. Consultant’s duty of preservation and Owner’s right of access to all such records shall extend for the duration of the statute of Limitations that governs when this Agreement was executed or three years, whichever is longer. OPINIONS OF COST. Consultant agrees to use reasonable skill and judgment in the preparation of cost estimates, but does not warrant or guarantee them. COMPLIANCE WITH LAWS. Consultant shall give all notices and comply with all Laws at its own cost. Consultant shall be liable to Owner for all loss, cost, and expense attributable to any acts or omissions by Consultant, its employees, Subcontractors, and agents resulting from the failure to comply with Laws, including fines, penalties, or corrective measures. However, liability under this subsection shall not apply if advance written notice to Owner was given, and advance written approval by appropriate authorities, including Owner, is received. Consultant shall provide periodic written reports to Owner on the progress of the Services in such detail as is required by Owner and as agreed to by Owner and Consultant.