Common use of Subcontractor Contract Clause in Contracts

Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.2.1.1 Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.2.1.2 If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.2.1.3 City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in the City’s General Xxxxx and Provisions, 5.2.1.4 Subcontractor must comply with the City’s Equal Opportunity Contracting Program requirements. 5.2.1.5 City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City.

Appears in 1 contract

Samples: Consultant Services Agreement

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Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.2.1.1 Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.2.1.2 If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.2.1.3 City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in the City’s General Xxxxx and Provisions,, attached hereto as Exhibit D, and incorporated by reference, in any dispute between Consultant 5.2.1.4 Subcontractor must comply with the City’s Equal Opportunity Contracting Program requirements. 5.2.1.5 City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City.

Appears in 1 contract

Samples: Consultant Services Agreement

Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.2.1.1 Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.2.1.2 If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.2.1.3 City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in the City’s General Xxxxx and Provisions,to 5.2.1.4 Subcontractor must comply with the City’s Equal Opportunity Contracting Program requirements. 5.2.1.5 City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City.

Appears in 1 contract

Samples: Consultant Services Agreement

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Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.2.1.1 Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.2.1.2 If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.2.1.3 City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in the City’s General Xxxxx Terms and Provisions,, attached hereto as Exhibit C, and incorporated by reference, in any dispute between Consultant 5.2.1.4 Subcontractor must comply with the City’s Equal Opportunity Contracting Program requirements. 5.2.1.5 City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City.

Appears in 1 contract

Samples: Consultant Services Agreement

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