Subcontractor Representations Sample Clauses

Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows: (a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;] (b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract; (c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract; (d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument; (e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and (f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
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Subcontractor Representations. 2.1 Subcontractor acknowledges receipt of FLINT’s “Statement of Substance-Free Workplace Policy” and “Statement of Firearms, Weapons-Free Workplace Policy”. Subject to applicable law Subcontractor further agrees to be bound by these policies as part of this Agreement. Subcontractor represents and agrees that it has carefully examined and understands this Subcontract and the other Contract Documents, including but not limited to the Contract, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed, and that it enters into this Subcontract on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of FLINT, the Owner or any of their respective officers, agents or employees. 2.2 The commencement of the Work by Subcontractor on the site of the Project shall constitute the legal and binding acceptance by Subcontractor of this Subcontract if received by Subcontractor prior to the commencement of such Work without exception, unless explicitly agreed to in writing, by XXXXX, prior to such commencement of work. For purposes of this paragraph the mobilization of equipment, delivery of materials or the performance of actual labor on the Project site, whichever occurs first, shall constitute a “commencement” of Work by Subcontractor. XXXXX reserves the right, however, to insist on a signed Agreement prior to making any payment to Subcontractor.
Subcontractor Representations. Subcontractor represents and warrants that: (a) it has carefully examined and is familiar with the Contract Documents, (b) it has visited and is familiar with the Project site and conditions, and (c) it has the ability and capacity to perform the Work in accordance with the terms and conditions of the Contract Documents and this Agreement. Subcontractor assumes for the benefit of Contractor all obligations that Contractor assumes for the benefit of the Owner under the contract or agreement between the Owner and Contractor (“Owner Contractor Agreement”) and by the Contract Documents insofar as the same are applicable to the Work to be performed pursuant to this Agreement.
Subcontractor Representations. Subcontractor has thoroughly and completely reviewed (1) the Subcontract Documents; (2) the apparent conditions at the site of the Project, including any other work which may now be in progress, and (3) Work which will be required relative to any other trades in connection with the Project; and (4) public utility installations and other known structures below and above the ground surface as may affect Subcontractor’s Work. Subcontractor has thoroughly reviewed the Subcontract Price in view of all such conditions as aforesaid in this Paragraph, and Subcontractor recognizes that Contractor either has or will act in reliance on the Subcontract Price in entering into agreements with other Subcontractors, Owner or other persons. Subcontractor represents that it can and will perform the Work for the Subcontract Price. Subcontractor therefore agrees that no modification or rescission of the Subcontract shall be made due to any error or omission on the part of Subcontractor with respect to the Subcontract Price or with respect to Subcontractor’s review as specified above. In connection with the Subcontractor’s review as aforesaid, Subcontractor warrants that it is experienced in performing Work of the scope and description required hereunder, that it has carefully examined the Contract Documents for both its Work and all other work which could affect its Work either during or after its performance.
Subcontractor Representations. 3.1 The Subcontractor acknowledges receipt of all policies/procedures listed in Exhibit C. Subject to applicable law the Subcontractor further agrees to be bound by these policies/procedures as part of this Agreement. The Subcontractor represents and agrees that it has carefully examined and understands this Agreement and the other Subcontract Documents, has investigated the nature, locality and site of the Subcontract Work and the conditions and difficulties under which it is to be performed, and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the Contractor, the Owner or any of their respective officers, agents or employees. 3.2 The commencement of the Subcontract Work by the Subcontractor on the site of the Project shall constitute the legal and binding acceptance by the Subcontractor of this Agreement. For purposes of this paragraph the mobilization of equipment, delivery of materials or the performance of actual labor on the Project site, whichever occurs first, shall constitute a “commencement” of Subcontract Work by the Subcontractor. The Contractor reserves the right, however, to insist on a signed Agreement prior to the making of any payment to the Subcontractor.
Subcontractor Representations. 5.1 Subcontractor is Qualified. Subcontractor is fully able, qualified, and experienced to perform the Subcontract Work. Subcontractor possesses and will maintain at all times for the duration of this Subcontract, all licenses and certifications required for the Subcontract Work. Without limiting the generality of the foregoing, the Subcontract Work will be provided by engineering and design professionals licensed in the jurisdiction of the Project Site and all engineering design documents will be properly sealed or stamped, as applicable, by licensed professionals as required. Subcontractor will present evidence thereof, upon request by TRC, and will notify TRC immediately after any decertification or revocation of any license or certification.
Subcontractor Representations. In addition to any other representations or warranties contained herein or in the applicable lien waiver, all Subcontractors executing a lien waiver transmitted through the Services represents and warrants that the person signing the lien waiver is an authorized representative of the Subcontractor with the legal capacity to waive the Subcontractor's ability to assert any lien of any kind with respect to the applicable services provided to or on behalf of the Subscriber.
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Subcontractor Representations. Subcontractor represents the following: (a) it is properly licensed to perform each Additional Work Amendment; (b) its lower-tier subcontractors, if any, are properly licensed to perform work arising from each Additional Work Amendment; (c) it is fully qualified to perform each Additional Work Amendment and is experienced in the type of work required by each Additional Work Amendment; (d) it has had a sufficient opportunity to review and has carefully examined all of the Contract Documents and each project site before commencing work on any Additional Work Amendment; (e) it has satisfied itself as to the character, quality, and quantity of the work to be performed for each Additional Work Amendment, the conditions that will be encountered at each project site or otherwise affect the cost or difficulty of performing the work, the materials and equipment and other items to be furnished, and all other requirements of the Contract Documents; and (f) if applicable, it is fully capable and experienced in design-build contracting and understands the increased and inherent risks associated therewith.
Subcontractor Representations. Subcontractor represents, warrants and covenants the following to Builder:

Related to Subcontractor Representations

  • Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor’s key administrative personnel managing the Master Agreement in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor’s proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s proposal.

  • Contractor’s Representations and Warranties Contractor represents and warrants that neither the execution of this Agreement by Contractor, nor the acts contemplated hereby, nor compliance by Contractor with any provisions hereof will: a) Violate any provision of the charter documents of Contractor; b) Violate any laws, rules, regulations, or any judgment, decree, order, regulation or rule of any court or governmental authority applicable to Contractor; or c) Violate, or be in conflict with, or constitute a default under, or permit the termination of, or require the consent of any person under, any agreement to which Contractor may be bound, the occurrence of which in the aggregate would have a material adverse effect on the properties, business, prospects, earnings, assets, liabilities, or condition (financial or otherwise) of Contractor.

  • Joint Representations Each party represents and warrants, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (A) It is a corporation, partnership, trust, or other entity duly organized and validly existing in good standing under the laws of the jurisdiction in which it is organized. (B) To the extent required by Applicable Law (defined below), it is duly registered with all appropriate regulatory agencies or self-regulatory organizations and such registration will remain in full force and effect for the duration of this Agreement. (C) For the duties and responsibilities under this Agreement, it is currently and will continue to abide by all applicable federal and state laws, including, without limitation, federal and state securities laws; regulations, rules, and interpretations of the SEC and its authorized regulatory agencies and organizations, including FINRA; and all other self-regulatory organizations governing the transactions contemplated under this Agreement (collectively, “Applicable Law”). (D) It has duly authorized the execution and delivery of this Agreement and the performance of the transactions, duties, and responsibilities contemplated by this Agreement. (E) This Agreement constitutes a legal obligation of the party, subject to bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting the rights and remedies of creditors and secured parties. (F) Whenever, in the course of performing its duties under this Agreement, it determines that a violation of Applicable Law has occurred, or that, to its knowledge, a possible violation of Applicable Law may have occurred, or with the passage of time could occur, it shall promptly notify the other party of such violation.

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