Common use of Subcontractors and Sub-subcontractors Clause in Contracts

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shall, so far as reasonably practicable, be consistent with the terms or provisions of this Agreement. No Subcontractor or Sub-subcontractor is intended to be or shall be deemed a third-party beneficiary of this Agreement. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either of them in the performance of the Work, as it is for the acts or omissions of Persons directly employed by Contractor. The work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s safety and environmental protection regulations and policies and shall be expected to comply with such regulations. In the event that any personnel are not adhering to such regulations and policies, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price or Project Schedule as a result of compliance with such regulations and policies set forth in the HSE Plan, or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment of any amounts to Subcontractor or Sub-subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts (excluding Subcontracts with Chart, BASF, or any other Person solely in its capacity as a licensor of Intellectual Property to Contractor for the Work) shall, so far as reasonably practicable, be consistent with the terms or provisions of this Agreement. No Subcontractor (except Chart as provided in the Chart Sublicense Agreement) or Sub-subcontractor is intended to be or shall be deemed a third-party beneficiary of this Agreement. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either of them in the performance of the Work, as it is for the acts or omissions of Persons directly employed by Contractor. The work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s safety and environmental protection regulations and policies and shall be expected to comply with such regulations. In the event that any personnel are not adhering to such regulations and policies, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price or Project Schedule as a result of compliance with such regulations and policies set forth in the HSE Plan, or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment of any amounts to Subcontractor or Sub-subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished performed by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontractors and Sub-subcontractors shall be reputable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. All Subcontracts shall, so far as reasonably practicable, and Sub-subcontracts shall be consistent with the terms or provisions of this Agreement. No Subcontractor or SubNO SUBCONTRACTOR OR SUB-subcontractor is intended to be or shall be deemed a thirdSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-party beneficiary of this AgreementPARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed by Contractor. The work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner and its representatives to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s Owner-approved safety and environmental protection regulations and policies and shall be expected to comply with such regulationsprocedures. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Estimated Contract Price or Project Schedule as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment of any amounts to Subcontractor or Sub-subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished performed by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontractors and Sub-subcontractors shall be reputable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. All Subcontracts shall, so far as reasonably practicable, and Sub-subcontracts shall be consistent with the terms or and provisions of this Agreement. No Subcontractor or SubNO SUBCONTRACTOR OR SUB-subcontractor is intended to be or shall be deemed a thirdSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-party beneficiary of this AgreementPARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly or indirectly employed by Contractor. The work of Work performed by any Subcontractor or Sub-subcontractor shall be is subject to inspection by Owner Owner, Lender and their representatives to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s Owner-approved safety and environmental protection regulations policies and policies procedures and shall be expected to comply with such regulationspolicies and procedures. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any Contractor’s Compensation or any adjustment of in the Contract Price or Project Schedule as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment of any amounts to Subcontractor or Sub-subcontractorany Subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shall, so far as reasonably practicable, be consistent with the terms or provisions of this Agreement. No Subcontractor or Subcontractors and Sub-subcontractor is intended to be or subcontractors shall be deemed a thirdreputable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. NO SUBCONTRACTOR OR SUB-party beneficiary of this AgreementSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed by Contractor. The work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s Owner-approved safety and environmental protection regulations policies and policies procedures and shall be expected to comply with such regulationspolicies and procedures. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price Price, the Key Milestone Schedule, the Guaranteed Substantial Completion Date or Project Schedule the Required Final Completion Date as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment of any amounts to any Subcontractor or Sub-subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such SubcontractorsSubcontractors and by Contractor’s Affiliates, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shallSubcontractors and Sub-subcontractors shall be reputable, so far as reasonably practicablequalified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. Subject to Section 2.4E, Contractor shall use commercially reasonable efforts to require that all contracts with Subcontractors and Sub-subcontractors be consistent with the terms or provisions of this Agreement. No Subcontractor or SubEXCEPT AS STATED IN SECTION 20.4, NO SUBCONTRACTOR OR SUB-subcontractor is intended to be or shall be deemed a thirdSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-party beneficiary of this AgreementPARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of its Affiliates performing any Work and of Persons directly or indirectly employed engaged by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed or indirectly engaged by Contractor. The work of any Subcontractor or Sub-subcontractor and Contractor’s Affiliates shall be subject to inspection by Owner Owner, Lender, or Independent Engineer to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and Contractor’s Affiliates and their respective personnel on Site or who may come performing Work on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s the safety and environmental protection regulations policies and policies procedures established under Section 3.10 and shall be expected to comply with such regulationspolicies and procedures with respect to Work performed on the Site. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price or Project Schedule Key Dates as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or between any of Contractor’s Affiliates performing Work and Owner or (ii) obligate Owner to pay or cause the payment of any amounts to any Subcontractor or Sub-subcontractorsubcontractor or any of Contractor’s Affiliates. For purposes of Texas Sales and Use Tax, all Subcontracts and Sub-subcontracts will be separated contracts pursuant to Tex. Tax Code § 151.056(b) and 34 Tex. Admin. Code Rule § 3.291(a)(13).

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such SubcontractorsSubcontractors and by Contractor’s Affiliates, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shallSubcontractors and Sub-subcontractors shall be reputable, so far as reasonably practicablequalified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. Subject to Section 2.4E, Contractor shall use commercially reasonable efforts to require that all contracts with Subcontractors and Sub-subcontractors be consistent with the terms or and provisions of this Agreement. No Except as stated in Section 20.4, no Subcontractor or Sub-subcontractor is intended to be or shall be deemed a third-party beneficiary of this Agreement. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of its Affiliates performing any Work and of Persons directly or indirectly employed by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly or indirectly employed by Contractor. The work of any Subcontractor or Sub-subcontractor and Contractor’s Affiliates shall be subject to inspection by Owner Owner, Lender, or Independent Engineer to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and Contractor’s Affiliates and their respective personnel on Site or who may come on performing Work at the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s the safety and environmental protection regulations policies and policies procedures established under Section 3.10 and shall be expected to comply with such regulationspolicies and procedures with respect to Work performed at the Land. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of to the Contract Price or Project Schedule Changed Criteria as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (ia) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or between any of Contractor’s Affiliates performing Work and Owner or (iib) obligate Owner to pay or cause the payment of any amounts to any Subcontractor or Sub-subcontractorsubcontractor or any of Contractor’s Affiliates. For purposes of Texas Sales and Use Tax, all Subcontracts and Sub-subcontracts will be separated contracts pursuant to Tex. Tax Code § 151.056(b) and 34 Tex. Admin. Code Rule § 3.291(a)(13).

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such Subcontractors, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shallSubcontractors and Sub-subcontractors shall be reputable, so far as reasonably practicable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. All contracts with Subcontractors and Sub-subcontractors shall be consistent with the terms or and provisions of this Agreement. No Subcontractor or Sub-subcontractor is intended to be or shall be deemed a third-party beneficiary of this Agreement. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of Persons directly or indirectly employed by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed by Contractor. The work of any Subcontractor or Sub-subcontractor shall be subject to inspection by Owner Owner, Lender or any of their representative to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and their respective personnel on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s Owner-approved access, safety and environmental protection regulations and policies and shall be expected to comply with such regulationsprocedures. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Guaranteed Maximum Price or Project Schedule Milestone Dates as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or (ii) obligate Owner to pay or cause the payment any amounts of any amounts nature to any Subcontractor or Sub-subcontractor.

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such SubcontractorsSubcontractors and by Contractor’s Affiliates, and that such Subcontractors may have certain portions of the Work performed by Sub-Sub- subcontractors. All Subcontracts shall, so far as reasonably practicable, be consistent with the terms or provisions of this Agreement. No Subcontractor or Subcontractors and Sub-subcontractor is intended to be or subcontractors shall be deemed a thirdreputable, qualified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. EXCEPT AS STATED IN SECTION 20.4, NO SUBCONTRACTOR OR SUB-party beneficiary of this AgreementSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of its Affiliates performing any Work and of Persons directly or indirectly employed engaged by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed or indirectly engaged by Contractor. The work of any Subcontractor or Sub-subcontractor and Contractor’s Affiliates shall be subject to inspection by Owner Owner, Lender, or Independent Engineer to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and Contractor’s Affiliates and their respective personnel on Site or who may come performing Work on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s the safety and environmental protection regulations policies and policies procedures established under Section 3.10 and shall be expected to comply with such regulationspolicies and procedures with respect to Work performed on the Site. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price or Project Schedule Key Dates as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or between any of Contractor’s Affiliates performing Work and Owner or (ii) obligate Owner to pay or cause the payment of any amounts to any Subcontractor or Sub-subcontractorsubcontractor or any of Contractor’s Affiliates. For purposes of Texas Sales and Use Tax, all Subcontracts and Sub- subcontracts will be separated contracts pursuant to Tex. Tax Code § 151.056(b) and 34 Tex. Admin. Code Rule § 3.291(a)(13).

Subcontractors and Sub-subcontractors. Owner acknowledges and agrees that Contractor intends to have portions of the Work accomplished by Subcontractors pursuant to written Subcontracts between Contractor and such SubcontractorsSubcontractors and by Contractor’s Affiliates, and that such Subcontractors may have certain portions of the Work performed by Sub-subcontractors. All Subcontracts shallSubcontractors and Sub-subcontractors shall be reputable, so far as reasonably practicablequalified firms with an established record of successful performance in their respective trades performing identical or substantially similar work. Subject to Section 2.4E, Contractor shall use commercially reasonable efforts to require that all contracts with Subcontractors and Sub-subcontractors be consistent with the terms or provisions of this Agreement. No Subcontractor or SubEXCEPT AS STATED IN SECTION 20.4, NO SUBCONTRACTOR OR SUB-subcontractor is intended to be or shall be deemed a thirdSUBCONTRACTOR IS INTENDED TO BE OR SHALL BE DEEMED A THIRD-party beneficiary of this AgreementPARTY BENEFICIARY OF THIS AGREEMENT. Contractor shall be fully responsible to Owner for the acts and omissions of Subcontractors and Sub-subcontractors and of its Affiliates performing any Work and of Persons directly or indirectly employed engaged by either any of them in the performance of the Workthem, as it Contractor is for the acts or omissions of Persons directly employed or indirectly engaged by Contractor. The work of any Subcontractor or Sub-subcontractor and Contractor’s Affiliates shall be subject to inspection by Owner Owner, Lender, or Independent Engineer to the same extent as the Work of Contractor. All Subcontractors and Sub-subcontractors and Contractor’s Affiliates and their respective personnel performing Work on Site or who may come on the Site or the Off-Site Rights of Way and Easements are to be instructed by Contractor in the terms and requirements of Contractor’s the safety and environmental protection regulations policies and policies procedures established under Section 3.10 and shall be expected to comply with such regulationspolicies and procedures with respect to Work performed on Site. In the event that any personnel are do not adhering adhere to such regulations policies and policiesprocedures, such personnel shall be removed by Contractor. In no event shall Contractor be entitled to any adjustment of the Contract Price or Project Schedule Key Dates as a result of compliance with such regulations policies and policies set forth in the HSE Plan, procedures or any removal of personnel necessitated by non-compliance. Nothing contained herein shall (i) create any contractual relationship between any Subcontractor and Owner, or between any Sub-subcontractor and Owner, or between any of Contractor’s Affiliates performing Work and Owner or (ii) obligate Owner to pay or cause the payment of any amounts to any Subcontractor or Sub-subcontractorsubcontractor or any of Contractor’s Affiliates. For purposes of Texas Sales and Use Tax, all Subcontracts and Sub-subcontracts will be separated contracts pursuant to Tex. Tax Code § 151.056(b) and 34 Tex. Admin. Code Rule § 3.291(a)(13).