USE OF SUBCONTRACTOR'S EQUIPMENT. The Contractor, its agents, employees or suppliers shall use the Subcontractor's equipment only with the express written permission of the Subcontractor's designated representative and in accordance with the Subcontractor's terms and conditions for such use. If the Contractor or any of its agents, employees or suppliers utilize any of the Subcontractor's equipment, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Subcontractor, the Contractor shall defend, indemnify and be liable to the Subcontractor as provided in Article 9 for any loss or damage (including bodily injury or death) which may arise from such use, except to the extent that such loss or damage is caused by the negligence of the Subcontractor's employees operating the Subcontractor's equipment.
USE OF SUBCONTRACTOR'S EQUIPMENT. If the Contractor performs work under this Article, either directly or through other subcontractors, the Contractor or other subcontractors shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, or belonging to the Subcontractor and located at the Project site for the purpose of completing any remaining Subcontract Work. Immediately upon completion of the Subcontract Work, any remaining materials, implements, equipment, appliances or tools not consumed or incorporated in performance of the Subcontract Work, and furnished by, belonging to, or delivered to the Project by or on behalf of the Subcontractor, shall be returned to the Subcontractor in substantially the same condition as when they were taken, normal wear and tear excepted.
USE OF SUBCONTRACTOR'S EQUIPMENT. If the Contractor performs work under this Article or sublets such work to be so performed, the Contractor and/or the Persons to whom work has been sublet shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, belonging or delivered to the Subcontractor and located at the Project.
USE OF SUBCONTRACTOR'S EQUIPMENT. If CH2M HILL performs Subcontractor’s Work under this Article, either directly or through other subcontractors, CH2M HILL or other subcontractors shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, or belonging to Subcontractor and located at the Project site.
USE OF SUBCONTRACTOR'S EQUIPMENT. Add the following section: If the Constructor or any of its agents, employees, or suppliers utilize any of the Subcontractor's equipment, including machinery, tools, scaffolding, hoists, lifts, or similar items owned, leased, or under the control of the Subcontractor, the Constructor shall indemnify and be liable to the Subcontractor as provided in ARTICLE 9 for any loss or damage (including bodily injury or death) which may arise from such use, except to the extent that such loss or damage is caused by the negligence of the Subcontractor's employees operating the Subcontractor's equipment, or the Subcontractor's failure to properly maintain said equipment.
USE OF SUBCONTRACTOR'S EQUIPMENT. If the General Contractor performs Work under this Article or sublets such Work to be so performed, the General Contractor and/or the persons to whom Work has been sublet shall have the right to take and use any materials, implements, equipment, appliances or tools furnished by, belonging or delivered to the Subcontractor located at the Project. The General Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in completing the Work or pursuing any of its remedies including, but not limited to, reasonable overhead, profit and attorney's fees. The Subcontractor shall be liable for the payment of any amount by which the expense of completion, etc., may exceed the unpaid balance of the Contract price.
