SUBCONTRACTOR RELATIONS.
5.2.1 Prior to the execution of each subcontract agreement, Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents. Contractor must incorporate the terms of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms of these Contract Documents, including, but not limited to, the provisions for dispute resolution. Within thirty (30) Days of the Notice To Proceed, Contractor shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor’s name, address, telephone and facsimile numbers, form for doing business (i.e, sole proprietor, corporation, partnership), point-of-contact and Subcontractor’s license classification and number.
5.2.2 Any part of the Work performed for Contractor by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor:
(i) Perform the Work in accordance with the terms of the Contract Documents.
(ii) Assume toward Contractor all the obligations and responsibilities which Contractor assumes towards City by the Contract Documents.
(iii) Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
(iv) Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by Contractor or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions.
(v) Afford City and entities and agencies designated by City the same rights and remedies with respect to access to and the right to audit and the right to copy at City's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion.
(vi) Recognize the rights of City under Section 5.3 of the General Conditions, Contingent Assignment of Subcontracts, including, without limitation, City’s right to elect to accept assignment of the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to c...
SUBCONTRACTOR RELATIONS. (a) Contractor shall include in each of the Material Subcontracts and shall use commercially reasonable efforts to include in all other Subcontracts, that any such Subcontract include provisions substantially similar to Article 5.10 (Access to Records), Article 6.1 (Access to Work), Article 6.2 (Data and Documentation), Article 6.4 (Meetings), Article 10.1(e) (Intellectual Property), Article 19 (Confidential Information), Article 22 (Dispute Resolution), and Article 27 (Mechanics' Liens and Claims).
(b) Each Subcontract shall provide that, for changes to the Work performed by a Subcontractor, the increase to the subcontract sum shall not exceed a commercially reasonable price for substantially similar work.
(c) Contractor shall not disclose any Confidential Information of Owner to any Subcontractor or potential Subcontractor unless and until Subcontractor has agreed in writing to assume the obligations described in Article 19 (Confidential Information).
SUBCONTRACTOR RELATIONS. By appropriate written agreement, Contractor shall use commercially reasonably efforts to require each Major Subcontractor, to the extent of the Work to be performed by such Major Subcontractor, to be bound to Contractor by the terms of this Contract and to assume toward Contractor all the obligations and responsibilities that Contractor, by this Contract, assumes toward Customer except to the extent otherwise provided in Article 6.9 (Major Subcontracts).
SUBCONTRACTOR RELATIONS. 4.2.1. CMR shall provide each Subcontractor copies of the Contract Documents to which the Subcontractor will be bound. CMR shall require all Subcontractors to comply with the terms and conditions of this Contract. CMR shall require Subcontractors to make copies of applicable portions of the Contract Documents available to their respective Sub-subcontractors.
4.2.2. Pursuant to Business and Professions Code section 7108.5, no later than seven (7) days after receipt, CMR shall pay to each Subcontractor, out of the amount paid to CMR on account of Subcontractor’s portion of the Work, the amount to which that Subcontractor is entitled. CMR shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its Sub- subcontractors in a similar manner.
4.2.3. If there is a good faith dispute over all or any portion of the amount due a Subcontractor on a progress payment, the CMR may withhold no more than one hundred and fifty percent (150%) of the disputed amount. This provision shall also apply to Sub-subcontractors.
4.2.4. CMR is solely responsible for settling any differences between CMR and its Subcontractor(s) or between Subcontractors.
SUBCONTRACTOR RELATIONS. (a) Contractor shall require each Subcontractor by written agreement, to the extent of the Work to be performed by Subcontractor, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities, including the responsibility for safety of Subcontractor’s Work, which Contractor, by the Contract Documents, assumes toward HFC. Each subcontract agreement shall preserve and protect the rights of HFC, Project Manager, and Architect under the Contract Documents with respect to the Work to be performed by Subcontractor so that subcontracting thereof will not prejudice such rights.
(b) Where appropriate, Contractor shall require each Subcontractor to enter into similar agreements with Subordinate Subcontractors. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Subordinate Subcontractors.
(c) Notwithstanding any provision herein, any part of the Work performed for Contractor by a Subcontractor shall be pursuant to a written subcontract between Contractor and such Subcontractor, which shall be prepared on Contractor's standard form of subcontract.
SUBCONTRACTOR RELATIONS. 5.3.1 The Contractor shall not be discharged from any obligations to Owner hereunder as a result of any subcontract. The Contractor shall be as fully responsible to the Owner for the acts and omissions of its Subcontractors and its suppliers of materials and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by it. The responsibility of the Contractor for its Sub-contractors and suppliers shall not be diminished by the right of the Owner to approve Subcontractors and suppliers or that the Owner may have exercised or not exercised that right or by any other right of the Owner relating to Subcontractors or suppliers. Nothing contained in the Contract Document shall relieve the Contractor of the responsibility for his Subcontractors or create any contractual relation between any Subcontractor or material supplier and the Owner.
5.3.2 Subcontracts and agreements for the acquisition of materials and equipment shall be in an appropriate written form acceptable to the Owner. The Contractor shall include in all such subcontracts and agreements the pertinent terms and conditions of this Contract to the fullest extent applicable and require that all work be performed in accordance therewith. Further, such subcontracts or agreement shall contain provisions which:
(a) Bind such Subcontractor or Supplier to the Contractor by the terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities, which the Contractor by those Documents, assumes toward the Owner, with respect to the work of the Subcontractor or supplier;
(b) Preserve and protect the rights of Owner under the Contract Documents with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights;
(c) Bind such Subcontractor or Supplier to give to the Owner written notice of any default under the subcontract or supply agreement on the part of the Contractor and not to take any action in respect of the default unless it remains uncured 30 days after the notice is given; and to accept payment or performance under the subcontract by the Owner in lieu of payment or performance by the Contractor, although the Owner shall not be obligated to undertake the Contractor's payment obligations thereunder.
(d) Require that all claims for additional cost or other damage and extensions of time, with respect to subcontracted portions of the Work shall...
SUBCONTRACTOR RELATIONS. (a) Nothing in this Contract shall be construed as creating any contractual relationship between Customer and any Subcontractor, including Material Subcontractors. Contractor acknowledges and agrees that it is the prime contractor under this Contract and as such, assumes full responsibility and liability for the performance of all suppliers, Subcontractors, or third parties used by Contractor hereunder to the same extent as if such obligations were performed by Contractor. Further, Contractor is fully responsible to Customer for the acts or omissions of Subcontractors and all persons used by Contractor or a Subcontractor in connection with performance of the Work. Any failure by a Subcontractor to meet its obligations to Contractor shall not constitute a basis for Excusable Delay, except as expressly permitted in Article 7.9 (Excusable Delay Defined), and shall not relieve Contractor from meeting any of its obligations under this Contract. Without limiting the generality of the foregoing, Contractor shall be responsible for discharging any liens (including Subcontractor mechanic liens) or encumbrances placed by any Subcontractor on any component or part purchased by Customer hereunder.
(b) Contractor shall include in each of the Material Subcontracts and shall use commercially reasonable efforts to include in all other Subcontracts, that any such Subcontract CONFIDENTIAL include provisions substantially similar to Article 12 (Access to Work), Article 14 (Intellectual Property Rights), Article 15 (Confidentiality), and Article 23 (Dispute Resolution).
SUBCONTRACTOR RELATIONS. 14.4.1. Any part of the Construction Work performed for Design Build Entity by a first-Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor to: (i) be bound to Design Build Entity subject to the terms of the Contract Documents; (ii) assume toward Design Build Entity all the obligations and responsibilities which Design Build Entity assumes towards Judicial Council through the Contract Documents; and (iii) perform the portion of the Work in accordance with the Contract Documents.
SUBCONTRACTOR RELATIONS. 17 ARTICLE 6. WORK BY OWNER, TENANT, AND SEPARATE CONTRACTORS..............
SUBCONTRACTOR RELATIONS. By appropriate written agreement the Contractor shall require each subcontractor, to the extent of the Services to be performed by the subcontractor, to be bound to the Contractor by terms of this Agreement, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the subcontractor’s Services, which the Contractor, by these Documents, assumes toward GPD. Each subcontract agreement shall preserve and protect the rights of GPD under this Agreement with respect to the Services to be performed by the subcontractor so that subcontracting thereof will not prejudice such rights. Contractor shall have full responsibility under this Agreement, the Proposal Documents, conditions, Plans, and Specifications for any subcontracts which the Contractor may let.
