Subcontract Terms and Conditions. The Contractor must ensure that all terms, conditions, assurances and certifications set forth in this Contract are included in any and all Subcontracts. The Contractor shall forward to DCYF upon request, copies of all subcontracts and other materials pertaining to any and all subcontracts.
Subcontract Terms and Conditions. All portions of the Work performed by a Subcontractor shall be pursuant to a written agreement acceptable to Owner and which shall contain provisions that:
(a) preserve and protect the rights of Owner under the Contract Documents with respect to the portion of the Work to be performed under the subcontract so that the subcontracting will not prejudice such rights;
(b) require that all Work be performed in accordance with the requirements of the Contract Documents;
(c) require that all work comply with the requirements of OSHA and all other applicable engineering codes, construction codes, and other applicable codes or applicable trade or legal regulations.
(d) require that all work comply with all federal, state and local environmental statutes, regulations and ordinances, including without limitation, environmental statutes, regulations and ordinances;
(e) require the Subcontractor to meet standard on-site contractor requirements as established by Owner and by the El Dorado Chemical Company plant.
(f) require submission to EPC Contractor of periodic applications for payment accompanied by a release and lien waiver to the extent of each payment;
(g) require that all requests for change order, additional compensation or extensions of time be submitted to EPC Contractor in sufficient time so that EPC Contractor may comply in the manner provided in the Contract Documents for like requests by EPC Contractor upon Owner; and
(h) establish that the Owner is an intended third-party beneficiary of the subcontract, agreement or purchase order, provided that if any Subcontractor refuses to agree that the Owner is a third-party beneficiary of the subcontract, EPC Contractor shall so advise Owner, and Owner shall consider the circumstances and alternatives and may reasonably waive this requirement on a case by case basis.
Subcontract Terms and Conditions. All Work done at the Project or in preparing or delivering materials or equipment, or any or all of them, to or from the Project shall be at the risk of Subcontractor exclusively. To the fullest extent permitted by law, Subcontractor shall, with respect to all Work which is covered by or incidental to this Subcontract, indemnify, hold harmless and defend Contractor from and against any and all of the following: (A) Any claim, liability, loss, damage, cost, expense, (including costs, expenses, attorney’s fee, awards, fines and judgments) arising out of or relating to the death or bodily injury to persons, injury to property, design defects (if design by Subcontractor) or other loss, damage or expense, including any of the same resulting from Contractor’s alleged or actual negligent act or omission, regardless of whether such act or omission is active or passive; and (B) Any and all claims liability, loss, damage, costs, including attorney’s fees, awards, fines or judgments arising out of or relating to any obligation or indemnity which Contractor has to Owner. Each of the foregoing indemnities is independent and both shall be given effect. Subcontractor’s defense obligation is in addition to any indemnity obligation and arises immediately upon tender of a claim. However, Subcontractor shall not be obligated to indemnify Contractor with respect to the sole negligence or willful misconduct of Contractor, its agents, servants or subcontractors who are directly responsible to Contractor, excluding Subcontractor. Subcontractor agrees to obtain and maintain during the term of this Subcontract, broad from public liability and property damage insurance, employer’s liability, workers compensation coverage and errors and omissions coverage (if Subcontractor’s work includes design services) in such amounts as are set forth in Exhibit No. 2 to this Subcontract. Subcontractor agrees to have Contractor and Owner named as co- insured under all said policies of insurance. Such insurance coverage provided by Subcontractor shall be primary insurance for Contractor and Owner and no insurance otherwise carried or obtained by Contractor shall be deemed to be primary or contributing to insurance provided by Subcontractor. Notwithstanding any provision in the Subcontract regarding insurance to be provided by Subcontractor, Subcontractor’s indemnity obligations shall not be limited in any way by the limits of insurance provided by Subcontractor.
