Subcontracts, Generally Sample Clauses
The "Subcontracts, Generally" clause defines the rules and expectations for a party when engaging subcontractors to perform parts of the contracted work. It typically requires the main contractor to ensure that any subcontracted work meets the same standards and obligations as the primary contract, and may require prior approval from the client before subcontracting. This clause helps maintain quality control and accountability, ensuring that the original party remains responsible for the performance and compliance of all subcontracted work.
Subcontracts, Generally. (A) The Contractor shall maintain the ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of this Contract, notwithstanding any relationship(s) that the Contractor may have with any Subcontractor.
(B) If any of the Contractor’s activities or obligations under this Contract are delegated to a Subcontractor, the Contractor shall ensure that:
(1) the activities and obligations, and related reporting responsibilities, are specified in the contract or written agreement between the Contractor and the Subcontractor; and
(2) the contract or written arrangement between the Contractor and the Subcontractor must either provide for the revocation of the delegation of activities or obligations, or specify other remedies in instances where the Department or the Contractor determines that the Subcontractor has not performed satisfactorily.
(C) Contracts between the Contractor and any Subcontractor shall require the Subcontractor to:
(1) comply with all applicable Medicaid laws and regulations, including applicable subregulatory guidance and contract provisions;
(2) agree that the Department, CMS, the HHS Inspector General, the Comptroller General, or their designees have the right to audit, evaluate, and inspect any books, records, contracts, computer or other electronic systems of the Subcontractor, or of the Subcontractor’s contractor, that pertain to any aspect of services and activities performed, or determination of amounts payable under the Contract;
(3) make available, for the purposes of an audit, evaluation, or inspection by the Department, CMS, the HHS-OIG, the Comptroller General or their designees, its premises, physical facilities, equipment, books, records, contracts, computer, or other electronic systems relating to its Enrollees;
(4) agree that the right to audit by the Department, CMS, the HHS Inspector General, the Comptroller General or their designees, will exist through 10 years from the final date of the contract period or from the date of completion of any audit, whichever is later; and
(5) agree that if the Department, CMS, or HHS-OIG determines that there is a reasonable possibility of Fraud or similar risk, the State, CMS, or HHS-OIG may inspect, evaluate, and audit the Subcontractor at any time.
Subcontracts, Generally. All subcontracts shall: (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontracts from Contractor to Owner at the election of Owner, upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract, (4) provide that Owner will be an additional insured on all insurance policies required to be provided by the Subcontractor, except workers’ compensation, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract.
(1) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor.
(2) A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub- subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.