Common use of Subcontract Language Requirements Clause in Contracts

Subcontract Language Requirements. Contractor shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of Contractor’s obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 22 contracts

Samples: Contract Agreement, Contract Agreement, Art Acquisition Agreement

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Subcontract Language Requirements. Contractor shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of Contractor’s obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC CMD and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC CMD or the Controller upon request.

Appears in 11 contracts

Samples: Equipment Maintenance Agreement, Contract Agreement, Software Development Agreement

Subcontract Language Requirements. Contractor Consultant shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of ContractorConsultant’s obligations under this Agreement and require each subcontractor subconsultant to agree and comply with provisions of the ordinance applicable to subcontractorssubconsultants. Contractor Consultant shall include in all subcontracts with LBEs made in fulfillment of ContractorConsultant’s obligations under this Agreement, a provision requiring Contractor Consultant to compensate any LBE subcontractor subconsultant for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor Consultant does not fulfill its commitment to use the LBE subcontractor subconsultant as specified in the bid or proposal, unless Contractor Consultant received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors subconsultants or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor subconsultant to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 2 contracts

Samples: Consulting Agreement, Consulting Agreement

Subcontract Language Requirements. Contractor Consultant shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of ContractorConsultant’s obligations under this Agreement and require each subcontractor subConsultant to agree and comply with provisions of the ordinance applicable to subcontractorssubConsultants. Contractor Consultant shall include in all subcontracts with LBEs made in fulfillment of ContractorConsultant’s obligations under this Agreement, a provision requiring Contractor Consultant to compensate any LBE subcontractor subConsultant for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor Consultant does not fulfill its commitment to use the LBE subcontractor subConsultant as specified in the bid or proposal, unless Contractor Consultant received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors subConsultants or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor subConsultant to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 1 contract

Samples: Professional Services Agreement

Subcontract Language Requirements. Contractor shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of Contractor’s 's obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC and contract awarding authority the Office of Economic Development to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 1 contract

Samples: Administration Agreement

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Subcontract Language Requirements. Contractor shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of Contractor’s obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. If Contractor desires to change LBE subcontractors due to poor performance of the LBE firm and use another HRC-certified LBE to complete this Agreement, such proposed changes must be approved by the City through a formal modification process. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 1 contract

Samples: Consulting Agreement

Subcontract Language Requirements. Contractor shall incorporate the LBE Ordinance into each subcontract made in the fulfillment of Contractor’s 's obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s obligations under this Agreement, a provision requiring Contractor to compensate any LBE subcontractor for damages for breach of contract or liquidated damages equal to 5% of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE subcontractor as specified in the bid or proposal, unless Contractor received advance approval from the Director of HRC and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC or the Controller upon request.

Appears in 1 contract

Samples: Independent Appraisal Agreement

Subcontract Language Requirements. Contractor shall incorporate the LBE LB E Ordinance into each subcontract made in the fulfillment of Contractor’s 's obligations under this Agreement and require each subcontractor to agree and comply with provisions of the ordinance applicable to subcontractors. Contractor shall include in all subcontracts with LBEs made in fulfillment of Contractor’s 's obligations under this Agreement, a provision requiring Contractor to compensate any LBE LB E subcontractor for damages for breach of contract or liquidated damages equal to 55 % of the subcontract amount, whichever is greater, if Contractor does not fulfill its commitment to use the LBE LB E subcontractor as specified in the bid or proposalproposai, unless Contractor received advance approval from the Director of HRC CM D and contract awarding authority to substitute subcontractors or to otherwise modify the commitments in the bid or proposal. Such provisions shall also shaii state that it is enforceable in a court of competent jurisdiction. Subcontracts shall require the subcontractor to maintain records necessary for monitoring its compliance with the LBE LB E Ordinance for a period of three years following termination of this contract and to make such records available for audit and inspection by the Director of HRC CM D or the Controller upon request.

Appears in 1 contract

Samples: Planning & Engineering Services Agreement

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