Subcontractor Payment Failure Sample Clauses

Subcontractor Payment Failure. Upon payment by the Contractor. Subcontractor shall promptly pay its lower-tier subcontractors and material suppliers the amounts to which they are entitled. In the event the Contractor has reason to believe that labor. material or other obligations (including employee benefits) incurred in the performance of the Subcontractor's Work are not being paid. the Contractor may give notice to the Subcontractor and may take any steps deemed necessary to assure that progress payments are utilized to pay such obligations including but not limited to the issuance of joint checks. If upon receipt of such notice. the Subcontractor does not (a) supply evidence to the satisfaction of the Contractor that the moneys owing to the claimant(s) have been paid: or (b) post a bond indemnifying the Owner, the Contractor, and the Contractor's surety, if any, and the premises from any claim or lien: then the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss. damage or expense including attorney's fees arising out of or relating to any claim or lien until the claim or lien has been satisfied by the Subcontractor.
Sample 1
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Subcontractor Payment Failure. Upon payment by the Contractor, the Subcontractor shall promptly pay its subcontractors and suppliers the amounts to which they are entitled. In the event the Contractor has reason to believe that labor, material or other obligations incurred in the performance of the Work are not being paid, the Contractor may give written notice of a potential claim or lien to the Subcontractor and may take any steps deemed necessary to assure that progress payments are utilized to pay such obligations, including but not limited to the issuance of joint checks. If upon receipt of notice, the Subcontractor does not (a) supply evidence to the satisfaction of the Contractor that the moneys owing have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor’s surety, if any, and the premises from a claim or lien, the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorneys’ fees that may arise out of or relate to any such claim or lien.
Sample 1
Subcontractor Payment Failure. If WINTER XXXXXXX believes that payment obligations incurred by Subcontractor for the Work are not being satisfied, WINTER XXXXXXX may give Subcontractor notice thereof. If Subcontractor contends that such payment obligations are invalid, Subcontractor shall notify WINTER XXXXXXX in writing within five (5) business days of WINTER XXXXXXX’x notice; otherwise, such payment obligation will be deemed valid. WINTER XXXXXXX may thereafter take any steps deemed necessary to assure that payments made under this Agreement are used to satisfy such obligations, including but not limited to paying such obligations directly, bonding off or otherwise discharging claims of liens arising therefrom, and retaining out of any payments due or to become due to Subcontractor (under this Agreement or otherwise) a reasonable amount to protect WINTER XXXXXXX and Owner from any resulting loss, damage or expense.
Sample 1
Subcontractor Payment Failure. Upon payment by the Contractor, the Subcontractor shall promptly pay its subcontractors and suppliers the amounts to which they are entitled. In the event the Contractor has reason to believe that labor, material or other obligations incurred in the performance of the Subcontract Work are not being paid, the Contractor may give written notice of a potential claim or lien to the Subcontractor and may take any steps deemed necessary to assure that progress payments are utilized to pay such obligations, including but not limited to, the issuance of joint checks. If upon receipt of notice, the Subcontractor does not (a) supply evidence to the satisfaction of the Contractor that the moneys owing have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor’s surety, if any, and the premises from a claim or lien, the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense including attorneys’ fees that may arise out of, or relate to any such claim or lien. In addition to its right to terminate this Agreement for default arising from the Subcontractor's failure to promptly pay its subcontractors and suppliers as set forth herein, the Contractor shall have the right to pay any past due obligations of the Subcontractor which arise out of the Subcontractor's performance of this Agreement, either by check made payable directly to any of the Subcontractor's creditors asserting a claim, or by check made payable jointly to the Subcontractor and any of the Subcontractor's creditors asserting a claim. All such payments shall apply as payment against any amount that the Contractor may otherwise owe the Subcontractor pursuant to this Agreement. This provision shall bear on this Agreement only, and is not for the benefit of third parties. In no event shall this provision be construed to create a duty on Contractor to pay Subcontractor's creditors.
Sample 1
Subcontractor Payment Failure. In the event the Contractor has reason to believe that labor, material, or other obligations incurred in the performance of the Subcontractor's Work are not being paid, the Contractor may give written notice of such claim or lien to the Subcontractor and may take any steps deemed necessary to insure that any progress payments shall be utilized to pay such obligations. If within three (3) calendar days after receipt of said notice, the Subcontractor does not: (a) supply evidence to the satisfaction of the Contractor that the monies owing to the claimant have been paid; or (b) post a bond indemnifying the Owner, the Contractor, the Contractor's surety, if any, and the premises from such claim or lien; then the Contractor shall have the right to retain out of any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense, including attorney's fees, arising out of or relating to any such claim or lien until the claim or lien has been satisfied by the Subcontractor.
Sample 1
Subcontractor Payment Failure. The Subcontractor shall insure that the Project remains free and clear of claims and liens asserted by any of the Subcontractor's Materialmen, Suppliers or Sub-Subcontractors and further insures and warrants to the General Contactor that in its contracts with such entities they are subject to the provisions of Section 8.13. In the event that the Subcontractor's Materialmen, Suppliers or Sub-Subcontractors make a claim or file a lien against the project or in the event the General Contractor has reason to believe that labor, materials or other obligations incurred in the performance of the Subcontractor's Work are not being paid, the Subcontractor shall have five (5) calendar days after the date of written notice from the General Contractor to • supply evidence, to the satisfaction of the General Contractor, in the form of a waiver and release of lien executed by the claimant attesting to the fact that the moneys owing to the claimant have been paid; or • post a bond indemnifying the Owner, the General Contractor, the General Contractor's surety, if any, and the premises from such claim or lien. Upon the failure of the Subcontractor to do so, the General Contractor is empowered in its sole discretion and without further notice to the Subcontractor, (a) to retain out of any payments due or to become due to the Subcontractor a reasonable amount to protect the Owner and the General Contractor from any and all loss, damage or expense, arising out of or relating to any such claim or lien until the claim or lien has been satisfied by the Subcontractor (b) to resolve or pay the claim or lien, (c) to bond or otherwise satisfy and extinguish the lien and/or (d) to terminate the Subcontractor. The General Contractor shall recover from the Subcontractor all of its costs, including attorneys fees, in the exercise by it of any of its remedies set forth above.
Sample 1

Related to Subcontractor Payment Failure

  • Contractor Certification The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

  • Contractor Certification regarding Boycotting Israel Pursuant to Chapter 2270, Texas Government Code, Contractor certifies Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

  • Subcontractor Compliance The Recipient is responsible for Subrecipient compliance with the requirements of this clause and may be held liable for unpaid wages due Subrecipient workers.

  • Contractor Certification Clauses Contractor represents and warrants that the following statements are true. During the term of the Agreement, Contractor shall not take an action, or omit to perform any act, that results in a representation and warranty becoming untrue. Contractor shall promptly notify the Judicial Council if any representation and warranty becomes untrue. A. No Gratuities. Contractor has not directly or indirectly offered or given any gratuities (in the form of entertainment, gifts, or otherwise) to any Judicial Council personnel with a view toward securing this Agreement or securing favorable treatment with respect to any determinations concerning the performance of this Agreement.

  • Contractor Certification for Contractor Employees Introduction Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

  • Subcontractor Any vendor, subcontractor or other Person that is not responsible for the overall servicing (as “servicing” is commonly understood by participants in the mortgage-backed securities market) of Mortgage Loans but performs one or more discrete functions identified in Item 1122(d) of Regulation AB with respect to Mortgage Loans under the direction or authority of the Servicer or a Subservicer.

  • Contractor Certification Regarding Ethics The Contractor certifies that the Contractor is now, and shall remain, in compliance with Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract.

  • Contractor Compliance Contractor represents and warrants to pay, at its sole expense, for all applicable permits, licenses, tariffs, tolls and fees to give all notices and comply with all laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid/Contract and any applicable laws, including but not limited to, permits, insurance coverage, licensing, proof of coverage for worker’s compensation, and shall provide such proof as required by the Commissioner. Failure to do so may constitute grounds for the Commissioner to cancel or suspend this Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner.

  • The Contractor must 16.1.1. treat all Authority Protected Information as confidential and safeguard it accordingly, implementing appropriate technical and organisational measures to protect Authority Protected Information against disclosure; 16.1.2. only use the Authority Protected Information for the purposes of performing its obligations under the Framework Agreement; 16.1.3. only disclose the Authority Protected Information to such Contractor Representatives that are directly involved in the performance of the Framework Agreement and need to know the information; and 16.1.4. not disclose any Authority Protected Information without the prior written consent of the Authority.

  • Contractor If COUNTY elects to renegotiate this Agreement due to reduced or terminated 20 funding, CONTRACTOR shall not be obligated to accept the renegotiated terms.

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