CONTRACTOR AND SUBCONTRACTOR. In the event multiple awards are made, contractor will act as prime contractor under the Contract and will not act as a subcontractor under any other contract awarded to another contractor as a result of this solicitation. A subcontractor under this Contract may also be a subcontractor for another contract resulting from this solicitation.
CONTRACTOR AND SUBCONTRACTOR. DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS, SUBCONTRACTORS AND THIRD PARTY OPERATORS (AND THEIR RESPECTIVE CONTRACTORS AND EMPLOYEES) TO INDEMNIFY THE CITY PARTIES TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS THE DEVELOPER’S INDEMNITY TO THE CITY PARTIES.
CONTRACTOR AND SUBCONTRACTOR. All references to Contractor and Subcontractor shall have the same meaning as those terms are defined in the Contract between Contractor and Walmart, which are adopted and incorporated into this Compliance Exhibit and/or referenced Specifications to be provided by Walmart; the term Subcontractor shall apply to subcontractors of any tier and for any duration.
CONTRACTOR AND SUBCONTRACTOR waive Claims against each other for consequential, incidental, special, and indirect damages—whether or not the parties knew or should have known about these damages—arising out of or relating to this Agreement, a Subcontract, and/or any Project. This mutual waiver includes: (1) damages incurred by Subcontractor for principal or home-office expenses, for rental expenses, for losses of use, income, financing, business and reputation, for loss of management or employee productivity or services, for impairment of bonding capacity and the like, and for lost profits, except Subcontractor’s anticipated profit arising directly from its Work; and (2) damages incurred by Contractor for principal or home-office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for lost profits. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 8.
CONTRACTOR AND SUBCONTRACTOR. INSURANCE: The Contractor shall not commence Work under this Contract until it has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to District and said insurance has been approved by the District. Commercial General Liability Insurance (including automobile insurance) which provides limits of not less than $1,000,000 per occurrence (combined single limit) and $2,000,000 Project Specific Aggregate (for this Project only). Any general liability policy provided by Contractor hereunder shall contain an endorsement which applies its coverage to District, members of District’s Board of Education, and the officers, agents, employees and volunteers of District, the State Allocation Board, if applicable, the architect, and the architect’s consultants, if applicable, individually and collectively as additional insured. Contractor shall take out and maintain and shall require all subcontractors, if any, whether primary or secondary, to take out and maintain, all said insurance during the life of this Contract. The limits set forth above shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to District, and shall not preclude the District from taking such other actions available to District under other provisions of the Contract Documents or law. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the District’s prior written consent, and the District shall be named as an additional insured and be furnished thirty (30) days’ written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence Work on this Contract or any subcontract until the insurance required of the Contractor, subcontractor, or agent has been obtained.
CONTRACTOR AND SUBCONTRACTOR shall protect the security of and keep confidential all materials, data, plans, reports, acceptance test criteria, acceptance test plans, departmental procedures and processes, and information received or produced under this Agreement to the extent any such materials, data, plans, reports, acceptance test criteria, acceptance test plans, departmental procedures and processes, and information are of a confidential nature. Further, CONTRACTOR and SUBCONTRACTOR shall use all such security measures that prudent contractors operating in their respective industries would use to protect all such materials, data, plans, reports, acceptance test criteria, acceptance test plans, departmental procedures and processes, and information from loss or damage by any cause, including fire and theft, which measures shall at least equal the degree of care SUBCONTRACTOR applies to the treatment of its own similar materials.
CONTRACTOR AND SUBCONTRACTOR. Pre-qualification Requirements
CONTRACTOR AND SUBCONTRACTOR expressly agree and acknowledge that this Agreement involves and concerns interstate commerce and is governed by the provisions of the Federal Arbitration Act (9 U.S.C. §1, et seq.) now in effect and as the same may from time to time be amended, to the exclusion of any different or inconsistent state or local law, ordinance, regulation, or judicial rule. Accordingly, any and all disputes (as defined in this section) shall be arbitrated – which arbitration shall be mandatory and binding – pursuant to the Federal Arbitration Act, and to the extent that any state or local law, ordinance, regulation, or judicial rule shall be inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding. The venue of the arbitration shall be in the county where the Project is located unless the parties agree in writing to another location.
