Subcontractor’s Performance Sample Clauses

Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State of California, Subcontractor shall indemnify and save harmless, to the greatest extent permitted by law, Owner and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, losses or liabilities, in law or in equity, of every kind and nature whatsoever (“Claims”) arising out of or in connection with Subcontractor’s operations to be performed under this Agreement for, but not limited to:
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Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify, defend and save harmless the OWNER and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to:
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Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the law and public policy of the State of California, Subcontractor shall defend (with counsel of Contractor’s choice), protect, indemnify and hold harmless Owner and Contractor, including their officers, directors, agents, employees, affiliates, parents and subsidiaries, and each of them,(“Indemnitee” or “Indemnitees”) of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, losses and/or liabilities in law or in equity, of every kind and nature whatsoever (“Claims”) arising out of, relating to or in connection with Subcontractor’s operations to be performed under this Agreement including, but not limited to:
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Subcontractor’s Performance. To the fullest extent permitted by Law, the Subcontractor shall defend, indemnify and hold harmless, the Contractor, its Affiliates, other contractors and subcontractors and all of their Affiliated Persons and when required of the Contractor by the Contract Documents, the Customer, the Architect, and their Affiliated Persons (hereinafter Indemnified Parties) from and against all claims, damages, loss and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of this Subcontract Agreement provided that:
Sample 1
Subcontractor’s Performance. 15.1.1. To the maximum extent permitted by law, Subcontractor shall defend, indemnify and hold harmless Owner, XYZ, and its Joint Venture and Joint Venture Partners if any, including their respective owners, officers, agents, employees, partners, parents, affiliates and subsidiaries, and other entities, if any, which XYZ is obligated to indemnify, defend or hold harmless pursuant to the provisions of the Prime Contract and each of them, (collectively, "Indemnitees"), of and from any and all claims, allegations, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or related to Subcontractor's performance and/or Scope of Work under this Agreement ("Claims"), including, but not limited to, Claims for:
Sample 1
Subcontractor’s Performance. All Work shall be at the risk of Subcontractor alone, and the Subcontractor hereby assumes the entire responsibility and liability for any and all actual or potential damage or injury of any kind or nature whatsoever (including death, business interruption, or loss of use resulting therefrom) to all persons and entities; or to all property; or caused by, resulting from, arising out of, or occurring in connection with the execution of the Work, or in preparation for the Work, or any extension, modification, or amendment to the Work by change order or otherwise. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend, and hold harmless the Owner, the Architect, Contractor, (including its affiliates, parents and subsidiaries and any other party the Owner or Contractor is required to indemnify in the Owner-Contractor Agreement or the other Contract Documents) and other contractors and Subcontractors and all of their agents and employees, from and against all claims, actions, demands, liens, suits, damages, loss, expenses, including attorney's fees and expert fees (including those required to enforce this indemnity) arising out of or resulting from the performance of the Subcontractor's Work, including transportation of labor and equipment and/or materials to and from the site of the Work, and including all claims, actions, demands, liens, suits, damages, loss, expenses, attorney's fees, and expert fees for personal injury or death to any person (including Subcontractor's employees), or for loss or damage to property, or any or all of them. This indemnification shall apply to: (i) anyone for whose acts the Subcontractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder and regardless of whether it arises before or after the completion of the Subcontractor's Work; (ii) the obligation to indemnify Contractor for any liability imposed upon Contractor to indemnify Owner and/or any of its agents or employees, (iii) claims relating to personal injury and wrongful death including claims by Subcontractor’s employees or their heirs and representatives; (iv) claims for destruction of, injury to, or loss of use of real or personal property; (v) claims for payment on account of supplying labor, materials, equipment to the Project including construction lien claims; and (vi) claims for taxes, permits, license fees, fines, and penalties. This indemnification obligation shall not be construed to negate, or cha...
Sample 1
Subcontractor’s Performance. To the fullest extent permitted by law, Subcontractor shall defend, indemnify (at Subcontractor’s sole cost and expense and with legal counsel reasonably acceptable to Contractor and at the option of Contractor), protect and hold harmless Contractor, Owner and Architect and their respective subsidiaries, divisions and affiliated coMSAnies, Partners or joint ventures, such parties’ representatives, Partners, members, designees, officers, directors, shareholders, employees, agents, successors and assigns and any lender of Contractor with an interest in the Project (individually, an “Indemnified Party”, collectively, the “Indemnified Parties”), from and against any and all claims, demands, allegations, obligations, damages, actions, causes of action, suits, losses, judgments, settlements, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants’ fees, repair or replacement costs, and costs incurred as a result of such claims or in enforcing this indemnity provision) of every kind and nature whatsoever (individually, a “Claim”, collectively, “Claims”) which may arise from or is in any manner related to, directly or indirectly, any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects) or Subcontractor’s presence or activities conducted on the Project (including without limitation, acts, errors and/or omissions of Subcontractor, its principals, officers, agents, employees, vendors, suppliers, consultants, Sub-subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them [individually, a “Subcontractor Party”; collectively, “Subcontractor Parties”]), regardless of any breach of warranty or contract, or strict liability of an Indemnified Party including, without limitation, the following:
Sample 1
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Subcontractor’s Performance. With the exception that this Section 15 shall in no event be construed to require indemnification by Subcontractor to a greater extent than permitted under the public policy of the State. Subcontractor shall indemnify, defend and save harmless the OWNER and Contractor, including their officers, agents, employees, affiliates, parents and subsidiaries, and each of them, of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liability, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or in connection with Subcontractor's operations to be performed under this Agreement for, but not limited to: (a) Personal injury, including, but not limited to, bodily injury, sickness or disease, or death to persons, including, but not limited to, any employees or agents of Subcontractor, the Owner, Contractor, or any other subcontractor and/or damage to property of anyone (including loss of use thereof), caused, or alleged to be caused, in whole or in part, by any act or omission of Subcontractor or anyone directly or indirectly employed by Subcontractor or anyone for whose acts Subcontractor may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder. (b) Penalties imposed on account of the violation of any law, order, citation, rule, regulation, standard, ordinance or statute, caused by the action or inaction of Subcontractor. (c) Infringement of any patent rights which may be brought against the Contractor or Owner arising out of Subcontractor's work, unless such process or work which is alleged to infringe is specifically required by the Contract Documents. (d) Claims and liens (see Section 9) for labor performed or materials used or furnished to be used on the job, including all incidental damages resulting to Contractor or Owner from such claims or liens. (e) Subcontractor's failure to fulfill the covenants set forth in each subpart of Section 13, Labor Relations (f) Failure of Subcontractor to comply with the provisions of Section 16.1, Casualty Insurance. (g) Any violation or infraction by Subcontractor of any law, order, citation, rule, regulation, standard, ordinance or statute in any way relating to the occupational health or safety of employees, including, but not limited to, the use of Contractor's or other's equipment, hoist, elevators, or scaffolds (See Sections 16 and 20). The indemnification of (a) through (g) abo...
Sample 1

Related to Subcontractor’s Performance

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • CONTRACTOR PERFORMANCE Work under the Contract shall be performed in a timely, professional and diligent matter by qualified and efficient personnel and in conformity with the strictest quality standards mandated or recommended by all generally-recognized organizations establishing quality standards for the work of the type specified in the Contract. The Contractor shall be solely responsible for controlling the manner and means by which it and its employees or its subcontractors perform the Services, and the Contractor shall observe, abide by, and perform all of its obligations in accordance with all legal and Contract requirements. Without limiting the foregoing, the Contractor shall control the manner and means of the Services so as to perform the work in a reasonably safe manner and comply fully with all applicable codes, regulations and requirements imposed or enforced by any government agencies. Notwithstanding the foregoing, any stricter standard provided in plans, specifications or other documents incorporated as part of the Contract shall govern. The Contractor shall provide the Services with all due skill, care, and diligence, in accordance with accepted industry practices and legal requirements, and to the Department’s satisfaction; the Department’s decision in that regard shall be final and conclusive. All Contractor’s Services under the Contract shall be performed in material compliance with the applicable federal and state laws and regulations in effect at the time of performance, except when imposition of a newly enacted or revised law or regulation would result in an unconstitutional impairment of the Contract. The Contractor will make commercially reasonable efforts to ensure that Contractor's professional and managerial staff maintain a working knowledge and understanding of all federal and state laws, regulations, and administrative code appropriate for the performance of their respective duties, as well as contemplated changes in such law which affect or may affect the Services delivered under the Contract. The Contractor shall maintain a written contingency plan describing in detail how it will continue operations and Services under the Contract in certain events including, but not limited to, strike and disaster, and shall submit it to the Department upon request.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Service Performance All Services provided by the Agency shall be performed in a diligent, safe, courteous, and timely manner in accordance with this Contract and the Associated federal requirements.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Subcontractor Payments Subject to Agency’s prior approval, Agency will reimburse Outside Counsel for the actual, reasonable and necessary expenses relating to Outside Counsel’s use of subcontractors. Outside Counsel shall be responsible for any payments and other claims due to subcontractors for work performed under this OCC. Outside Counsel, in subcontracting for any performances or in support of any of the performances specified herein (e.g., expert services, local counsel, and other services), expressly understands and agrees that Agency shall not be directly liable in any manner to Outside Counsel’s subcontractor(s).

  • Contractor’s Personnel The Contractor shall employ only personnel who are appropriately qualified, skilled and experienced in their respective trades or occupations. The Authority may require the Contractor to remove any personnel engaged for the Works, who in the opinion of the Authority:

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.

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