Assurance by Company of Appropriate Treatment of Contractors and Lower Tier Subcontractors Sample Clauses

Assurance by Company of Appropriate Treatment of Contractors and Lower Tier Subcontractors. In order to remain eligible for the city payment, upon written request by the City, Company shall provide documentation showing either that all entities with whom it has a contract to construct all or any portion of the improvements on the Property have been paid in full and on time, or that a bona fide dispute over the satisfactory completion the work to be performed exists and is in the process of being resolved in accordance with applicable law. Further, Company shall include a requirement in any agreement it enters into with any entity to construct all or any portion of the improvements on the Property requiring such entity to include a provision in any subcontract it enters into which permits the City to require that contractor and its subcontractor to provide documentation showing either that all entities who have been contracted to construct all or any portion of the improvements on the Property have been paid in full and on time, or that a bona fide dispute over the satisfactory completion the work to be performed exists and is in the process of being resolved in accordance with applicable law. The documentation the City may request shall include certified payment applications, a certificate or affidavit of payment by the Company, owner(s), prime contractors or subcontractors, invoices, cancelled checks, schedule of values or such other information as may be reasonably requested by the City. Evidence of bona fide disputes over the satisfactory completion of any work pursuant to any contract or subcontract shall include, but not be limited to, unsatisfied property or payment liens, pending lawsuits or unresolved contract claims made in writing. If the City, through its City Manager, determines that the Company has failed to pay any entity with which it has a direct contract to construct all or any portion of the improvements on the Property have not been paid in full and on time, and that a bona fide dispute over the satisfactory completion the work to be performed which is in the process of being resolved in accordance with applicable law does not exist, the City shall give the Company thirty (30) days written notice of its intent to suspend City Payments. If the Company has not provided sufficient documentation at the end of this thirty (30) day period either that the payment(s) in question have been made, or that a bona fide dispute over the satisfactory completion the work to be performed exists and is in the process of being resolved in accorda...
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Assurance by Company of Appropriate Treatment of Contractors and Lower Tier Subcontractors. In order to remain eligible for City Payments, upon written request by the City delivered in accordance with the notice provisions of this Agreement, Company shall provide to the City (i) lien waivers demonstrating that all entities with whom it has contracted to construct all or any portion of the improvements on the Property have been paid in full, or (ii) documentation demonstrating that a bona fide dispute over the satisfactory completion of the work to be performed exists and is in the process of being resolved in accordance with applicable law (collectively, the “Required Documentation”). Evidence of bona fide disputes over the satisfactory completion of any work pursuant to any contract or subcontract shall include, but not be limited to, unsatisfied property or payment liens, pending lawsuits or unresolved contract claims made in writing. If Company fails to provide the Required Documentation following a request from the City, the City shall give the Company thirty (30) days written notice of its intent to suspend City Payments. If the Company has not provided the Required Documentation at the end of this thirty (30) day period the City may suspend City Payments. City Payments shall be resumed upon the submission by the Company to the City of the Required Documentation. The City shall have no power to suspend City Payments due to failures of contractors and subcontractors with whom the Company does not have a direct contractual relationship to comply with the terms of contracts to which the Company is not a party. The rights and obligations of the City and the Company pursuant to this Section 3.1.4 shall only apply during the City Payment Period, and only shall apply to the initial construction of the Use Development Requirements pursuant to this Agreement, and not to any subsequent construction work or tenant upfit performed on the Property at a later date.
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Related to Assurance by Company of Appropriate Treatment of Contractors and Lower Tier Subcontractors

  • Employee Information Required to be Reported by Certain Consultant Contractors and Service Contractors Chapter 10 of the Laws of 2006 amended the Civil Service Law and the State Finance Law, relative to maintaining certain information concerning Contract Employees working under State Agency service and consulting Contracts. State Agency consultant Contracts are defined as “Contracts entered into by a state Agency for analysis, evaluation, research, training, data processing, computer programming, engineering, environmental health and mental health services, accounting, auditing, paralegal, legal, or similar services” (“covered consultant Contract” or “covered consultant services”). The amendments also require that certain Contract Employee information be provided to the state Agency awarding such Contracts, OSC, DOB and CS. The effective date of these amendments was June 19, 2006. The requirements will apply to the covered Contracts awarded on and after such date. To meet these requirements, the Contractor agrees to complete:

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  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

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