Subcontractor's Liability. a. Subcontractor hereby assumes the entire responsibility and liability for all work, supervision, labor and materials provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Subcontractor until final acceptance of the work by Owner. In the event of any loss, damage or destruction thereof from any cause (other than Contractor’s sole negligence), Subcontractor shall be liable therefore and shall repair, rebuild and make good said loss damage or destruction at Subcontractor's cost. b. Subcontractor shall be liable to Contractor for all costs Contractor incurs as a result of Subcontractor's failure to perform this Subcontract in accordance with its terms. Subcontractor's failure to perform shall include the failure of its suppliers and/or subcontractors of any tier to perform or comply with any law, rule, code or regulation governing the work. Subcontractor's liability shall include, but not be limited to (1) damages and other delay costs payable by Contractor to Owner; (2) Contractor's increased costs of performance, such as extended overhead and increased performance costs resulting from Subcontractor-caused delays or improper Subcontractor work, all in accordance with Contractor’s standard billable rates; (3) warranty and re-work costs; (4) liability to third parties, and (5) attorney's fees and related costs or defenses against Subcontractor or its sureties incurred by Contractor against Subcontractor or its sureties to enforce any of Contractor's rights as provided herein.
Appears in 1 contract
Samples: Subcontract Agreement
Subcontractor's Liability. a. Subcontractor hereby assumes the entire responsibility and liability for all work, supervision, labor and materials provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Subcontractor until final acceptance of the work by Owner. In the event of any loss, damage or destruction thereof from any cause (other than Contractor’s sole negligence), Subcontractor shall be liable therefore and shall repair, rebuild and make good said loss damage or destruction at Subcontractor's cost.
b. Subcontractor shall be liable to indemnify and hold-harmless Contractor for all costs Contractor incurs as a result of Subcontractor's failure to perform this Subcontract in accordance with its terms. Subcontractor's failure to perform shall include the failure of its suppliers and/or subcontractors of any tier to perform or comply with any law, rule, code or regulation governing the work. Subcontractor's liability shall include, but not be limited to (1) damages and other delay costs payable by Contractor to Owner; (2) Contractor's increased costs of performance, such as extended overhead and increased performance costs resulting from Subcontractor-caused delays or improper Subcontractor work, all in accordance with Contractor’s standard billable rates; (3) warranty and re-work costs; (4) liability to third parties, and (5) attorney's fees and related costs or defenses against Subcontractor or its sureties incurred by Contractor against Subcontractor or its sureties to enforce any of Contractor's rights or defenses as provided herein.
c. In the event that Subcontractor or any of its agents, employees, suppliers, or lower-tier subcontractors utilize any machinery, equipment, tools, scaffolding, hoists, lifts or similar items belonging to or under the control of Contractor, Subcontractor shall be liable to Contractor for any loss or damage (including personal injury or death) which may arise from such use, except where such loss or damage shall be due solely to the negligence of Contractor's employees operating Contractor-owned or leased equipment.
d. Contractor is hereby given the right to withhold amounts otherwise due under this subcontract or any other contractual arrangements between the parties to cover any costs or liability Contractor has incurred or may incur for which Subcontractor may be responsible hereunder.
e. Subcontractor's assumption of liability is independent from, and not limited in any manner by, the Subcontractor's insurance coverage.
f. Subcontractor shall be responsible for calculating and remitting all sales or other taxes due and payable on all goods and services which are subject to tax and are associated with the Work performed by Subcontractor, its agents, or employees, and all sub-subcontractors. Subcontractor shall indemnify, defend and hold harmless Contractor (including its affiliates, parents and subsidiaries), Owner and Architect, and all of their agents and employees from and against all claims, damages, loss and expense, including but not limited to, attorneys' fees, arising from the failure of Subcontractor, its agents, or suppliers, and all sub-subcontractors, to comply with their respective sales tax obligations both hereunder and under the laws of the State having jurisdiction over the work.
g. Subcontractor is solely and exclusively responsible for the payment of wages and applicable benefits to its employees in accordance with applicable law, employment contracts or union agreements, whichever is greater. Subcontractor shall be responsible for any increases in applicable wage or benefit rates during this contract, and there shall be no adjustment to the contract price or rates payable to Subcontractor for increases in applicable wage or benefit rates. Subcontractor shall defend, indemnify and hold harmless Contractor for any and all damages or claims, including costs and attorney's fees, against or incurred by Contractor that are caused in whole or in part by Subcontractor's actual or alleged failure to comply with this section.
h. Subcontractor shall, upon request, prepare and sign any necessary inspection or certification documents to establish that Subcontractor’s Work is furnished and installed in strict conformance with the Contractor Documents, including but not limited, to, permit, certificate of occupancy, warranty or tax-compliance documentation.
i. Subcontractor shall provide services necessary to evaluate energy efficiency measures in order for Contractor to qualify for available local, state or federal incentives or rebates, and Subcontractor agrees to execute relevant documents necessary for such programs. It is agreed that Contractor shall be the beneficiary of incentives or rebates received under these programs. Moreover, to assist in Contractor’s tax compliance, at appropriate times during or after the project, Subcontractor agrees to execute the applicable Inspection, Certification and Calculation documents related to Section 179D of the Internal Revenue Code. With the cooperation of Subcontractor, Contractor or its tax advisors will prepare these documents, all accompanying documentation and the contents therein. Furthermore, Subcontractor agrees that Contractor will be designated the sole Section 179D beneficiary.
Appears in 1 contract
Samples: Subcontract Agreement
Subcontractor's Liability. a. Subcontractor hereby assumes the entire responsibility and liability for all work, supervision, labor and materials provided hereunder, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Subcontractor until final acceptance of the work by Owner. In the event of any loss, damage or destruction thereof from any cause (other than Contractor’s sole negligence), Subcontractor shall be liable therefore and shall repair, rebuild and make good said loss damage or destruction at Subcontractor's cost.
b. Subcontractor shall be liable to Contractor for all costs Contractor incurs as a result of Subcontractor's failure to perform this Subcontract in accordance with its terms. Subcontractor's failure to perform shall include the failure of its suppliers and/or subcontractors of any tier to perform or comply with any law, rule, code or regulation governing the work. Subcontractor's liability shall include, but not be limited to (1) damages and other delay costs payable by Contractor to Owner; (2) Contractor's increased costs of performance, such as extended overhead and increased performance costs resulting from Subcontractor-caused delays or improper Subcontractor work, all in accordance with Contractor’s standard billable rates; (3) warranty and re-work costs; (4) liability to third parties, and (5) attorney's fees and related costs or defenses against Subcontractor or its sureties incurred by Contractor in any proceeding against Subcontractor or its sureties to enforce any of Contractor's rights as provided herein.
c. In the event that Subcontractor or any of its agents, employees, suppliers, or lower-tier subcontractors utilize any machinery, equipment, tools, scaffolding, hoists, lifts or similar items belonging to or under the control of Contractor, Subcontractor shall be liable to Contractor for any loss or damage (including personal injury or death) which may arise from such use, except where such loss or damage shall be due solely to the negligence of Contractor's employees operating Contractor-owned or leased equipment.
d. Contractor is hereby given the right to withhold amounts otherwise due under this subcontract or any other contractual arrangements between the parties to cover any costs or liability Contractor has incurred or may incur for which Subcontractor may be responsible hereunder.
e. Subcontractor's assumption of liability is independent from, and not limited in any manner by, the Subcontractor's insurance coverage.
f. Subcontractor shall be responsible for calculating and remitting all sales or other taxes due and payable on all goods and services which are subject to tax and are associated with the Work performed by Subcontractor, its agents, or employees, and all sub-subcontractors. Subcontractor shall indemnify, defend and hold harmless Contractor (including its affiliates, parents and subsidiaries), Owner and Architect, and all of their agents and employees from and against all claims, damages, loss and expense, including but not limited to, attorneys' fees, arising from the failure of Subcontractor, its agents, or suppliers, and all sub-subcontractors, to comply with their respective sales tax obligations both hereunder and under the laws of the State having jurisdiction over the work.
Appears in 1 contract
Samples: Subcontract Agreement
