Common use of The Contractor and Subcontractors Clause in Contracts

The Contractor and Subcontractors. (a) In connection with its performance of this Agreement, Seller shall either (i) cause the Contractor and each Subcontractor to purchase Equipment from the Approved/Preferred Suppliers set forth in Appendix Q, or (ii) elect to use vendors others than those set forth in Appendix Q, in which event, Seller shall provide a price adjustment to the Purchase Price. Such adjustment shall be set forth in Appendix R, and shall be accepted by Buyer in its sole discretion. (b) Seller shall be fully liable to the Buyer hereunder for all acts and omissions of the Contractor and each Subcontractor to the same extent as though any such act or omission had been performed or omitted to be performed by Seller directly. In no case shall Seller’s engagement of the Contractor or any Subcontractor relieve Seller of any of its obligations or Liabilities hereunder and, notwithstanding the use of the Contractor or any Subcontractors hereunder, Seller shall remain fully and primarily liable to the Buyer for the full and complete performance of Seller’s obligations hereunder.

The Contractor and Subcontractors. ‌ (a) In connection with its performance of this Agreement, Seller shall either (i) cause the Contractor and each Subcontractor to purchase Equipment from the Approved/Preferred Suppliers set forth in Appendix Q, or (ii) elect to use vendors others than those set forth in Appendix Q, in which event, Seller shall provide a price adjustment to the Purchase Price. Such adjustment shall be set forth in Appendix R, and shall be accepted by Buyer in its sole discretion. (b) Seller shall be fully liable to the Buyer hereunder for all acts and omissions of the Contractor and each Subcontractor to the same extent as though any such act or omission had been performed or omitted to be performed by Seller directly. In no case shall Seller’s engagement of the Contractor or any Subcontractor relieve Seller of any of its obligations or Liabilities hereunder and, notwithstanding the use of the Contractor or any Subcontractors hereunder, Seller shall remain fully and primarily liable to the Buyer for the full and complete performance of Seller’s obligations hereunder. (c) Buyer shall have no contractual obligation to, and shall not be deemed to be in privity with, the Contractor or any Subcontractor; provided, however, that in the event Seller’s obligations hereunder terminate for any reason, Seller shall, at Buyer’s request, take such actions and execute such documents as may be necessary or desirable to assign any or all of the contracts set forth on Schedule 4.12 selected by Buyer to Buyer at Seller’s sole cost and expense. Seller shall include in all contracts with the all Contractor, any Subcontractors and all other vendors, a consent by such Contractor, Subcontractor(s) and other vendor(s) in advance to such future assignment(s).

The Contractor and Subcontractors. ‌ (a) In connection with its performance of this Agreement, Seller shall either (i) cause the Contractor and each Subcontractor to purchase Equipment from the Approved/Preferred Suppliers set forth in Appendix Q, or (ii) elect to use vendors others than those set forth in Appendix Q, in which event, Seller shall provide a price adjustment to the Purchase Price. Such adjustment shall be set forth in Appendix R, and shall be accepted by Buyer in its sole discretion. (b) Seller shall be fully liable to the Buyer hereunder for all acts and omissions of the Contractor and each Subcontractor to the same extent as though any such act or omission had been performed or omitted to be performed by Seller directly. In no case shall Seller’s engagement of the Contractor or any Subcontractor relieve Seller of any of its obligations or Liabilities hereunder and, notwithstanding the use of the Contractor or any Subcontractors hereunder, Seller shall remain fully and primarily liable to the Buyer for the full and complete performance of Seller’s obligations hereunder. (c) Buyer shall have no contractual obligation to, and shall not be deemed to be in privity with, the Contractor or any Subcontractor; provided, however, that in the event Seller’s obligations hereunder terminate for any reason, Seller shall, at Buyer’s request, take such actions and execute such documents as may be necessary or desirable to assign any or all of the contracts set forth on Schedule 4.12 selected by Buyer to Buyer at Seller’s sole cost and expense. Seller shall include in all contracts with the Contractor, any Subcontractors and all other vendors, a consent by such Contractor, Subcontractor(s) and other vendor(s) in advance to such future assignment(s).