Contractor Covenants Clause Samples
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Contractor Covenants. CONTRACTOR covenants and agrees:
(a) to perform the scope of services in a skilled, qualified, and professional manner, using that degree of care and skill ordinarily exercised by contractors practicing in the same or similar field;
(b) to use only employees and subcontractors qualified to complete the work with sufficient experience on same or substantially similar projects;
(c) to use only properly licensed employees or subcontractors for any work requiring a specialty, occupational, or professional license issued by the State of Georgia;
(d) to designate a representative authorized to act on the CONTRACTOR’s behalf with respect to the project.
(e) to use the subject property in a safe, careful and lawful manner;
(f) to promptly report in writing to CITY any unsafe or defective condition of the subject property and any adverse site condition, which shall include but not be limited to limited access, extremely dense vegetation, subsurface conditions, damaged property, or existing utilities, that may adversely affect CONTRACTOR’s ability to complete the scope of services or other terms of this Agreement;
(g) to promptly report in writing to CITY any damage to or injuries sustained on the subject property and to promptly repair any damage to the subject property which is made necessary by any act of CONTRACTOR, its employees, agents, subcontractors, or invitees;
(h) to keep the subject property in a clean and orderly condition and to remove any personal property of CONTRACTOR upon completion of the project, and require all SUBCONTRACTOR’s to do the same unless otherwise permitted by the CITY;
(i) to perform all work on the project in a good and workmanlike manner, free from faults and defects, and in conformance with the terms of this Agreement;
(j) to determine the appropriate method, details and means of performing the scope of services provided by this Agreement;
(k) to exercise the ordinary standard of care in complying with the laws, codes, and regulations applicable to the CONTRACTOR’s services;
(l) to exercise diligence and to complete delivery of the scope of services in a timely manner consistent with the exercise of due care;
(m) to attend meetings to make presentations or to otherwise review the progress of the work as set out in the scope of services at the reasonable request of the CITY;
(n) to prepare and submit to the CITY reports required by the scope of services or upon the written request of the CITY.
(o) to keep the subject property in a ...
Contractor Covenants. The Contractor covenants and agrees with the Authority that:
1.1 The Contractor shall employ only competent and orderly employees and he/she and his/her employees shall keep themselves neat and clean and shall be courteous to all members of the public using the lands.
1.2 In the performance of this agreement, the Contractor shall be an independent contractor and shall not be a servant or agent of the Authority, and the personnel of the Contractor shall be the servants of the Contractor and not the Authority.
1.3 All materials must be supplied by the Contractor and must be in good working order. The conservation authority may inspect the contractor’s equipment prior to awarding of this contract.
1.4 The Contractor shall be knowledgeable of, and abide by, the provisions of all legislative enactments, by-laws and regulations in regard to health and safety in the Province of Ontario, as well as specific health and safety instructions which may be given to the Contractor by the Authority and without limiting the generality of the foregoing, the Contractor shall specifically ensure that the Contractor is knowledgeable of and performs all obligations imposed by the Occupational Health and Safety Act of Ontario.
Contractor Covenants. Borrower shall use reasonable efforts to cause the Contractor (or if no Contractor, the subcontractors) to cooperate with Lender.
Contractor Covenants. AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO CONTRACTOR’S ACTIVITIES UNDER THIS AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF CONTRACTOR, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONTRACTOR OR SUB-CONTRACTOR OF CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS AGREEMENT, ALL WITHOUT HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHEE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITIY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS AGREEMENT.
14.1.1 IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION, IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY, PROTECT AND HOLD HARMLESS, THE CITY FROM THE CONSEQUENCES OF THE CITY’S OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF THE CITY IS A CONTRIBUTORY CAUSE OF THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE. CONTRACTOR FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST THE CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH, OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY, AS SET FORTH ABOVE.
14.1.2 The provisions of this Indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Contractor shall advise the City in writing w...
Contractor Covenants. Borrower shall (a) require from the Contractor (i) covenants similar to the covenants made by Borrower in Sections 7.3, 7.4 and 7.5, and (ii) a covenant that Contractor will, upon request, deliver to Bank the names of all Persons with whom Contractor has contracted or intends to contract for construction of the Improvements or for furnishing of labor or materials therefore; and (b) cause the Contractor (or if no Contractor, the subcontractors) to cooperate with Bank.
Contractor Covenants. Contractor agrees to:
3.1. use or further disclose the minimum necessary PHI in performing the activities called for under the Services Agreement;
3.2. not to use or further disclose PHI except as permitted under this Agreement, the HIPAA Privacy Rule, and applicable State law, each as amended from time to time;
3.3. use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in this Agreement;
3.4. report to Practice any use or disclosure of the PHI not permitted by this Agreement within five (5) days of the Contractor becoming aware of such use or disclosure;
3.5. in conjunction with the requirements of Section 2.2, ensure that any subcontractors or agents to whom it provides PHI received from, or created or received by the Contractor on behalf of the Practice, agree to the same restrictions and conditions that apply to the Contractor with respect to the PHI;
3.6. within ten (10) days of a request by Practice, report to Practice all disclosures of PHI to a third party for a purpose other than Treatment, Healthcare Operations or Payment, as such terms are defined in the HIPAA Privacy Rule. The report to the Practice shall identify: (i) the subject of the PHI (i.e., patient name or identifier), (ii) the PHI disclosed, and (iii) the purpose of the disclosure in accordance with the accounting requirements of 45 C.F.R. § 164.528;
3.7. maintain the integrity of any PHI transmitted by or received from Practice;
3.8. comply with Practice policies and procedures with respect to the privacy and security of PHI and other Practice records, as well as policies and procedures with respect to access and use of Practice’ equipment and facilities;
3.9. provide the rights of access, amendment, and accounting as set forth in Sections 5, 6 and 7.
Contractor Covenants. Notwithstanding anything to the contrary contained in the Contract, Contractor hereby covenants as follows:
3.01. Contractor shall comply with Executive Order 11246, Executive Order 11375, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, and their implementing regulations, as amended, which prohibit discrimination against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, or handicap.
3.02. Contractor shall comply with Executive Orders 11625, 12432, 12138, and their implementing regulations, as amended, which require the inclusion to the maximum extent possible of MBE/WBEs in carrying out any activity pursuant to this Contract. Contractor shall maintain records and data evidencing:
(a) the racial, ethnic, or gender character of each business entity performing work on any Unit; (b) the amount of each contract or subcontract; and (c) that MBE/WBEs have equal opportunity to compete for and obtain business.
3.03. Contractor shall comply with the ▇▇▇▇▇▇▇▇ “Anti-Kickback” Act (18 U.S.C. 874 et seq.), the ▇▇▇▇▇- ▇▇▇▇▇ Act, (40 U.S.C. 276a et seq.) and Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.), and their implementing regulations, as amended. Contractor shall abide by the provisions set forth in HUD Form 4010 attached as Exhibit A and incorporated by reference. Contractor shall attach a copy of that Form to any and all contracts with subcontractors performing work on any Unit. Upon request, Contractor shall promptly provide Owner with information or documents substantiating or evidencing its compliance with such laws and regulations.
3.04. Contractor shall comply with the Lead Paint Act, which (among other things) prohibits the use of Lead Paint in the construction of any Unit and requires that any and all Lead Paint abatement activities, including (but not limited to) clean-up of the work site and waste disposal, shall be conducted in compliance with the Lead Paint Act.
3.05. Contractor shall construct any Unit in accordance with all applicable codes, laws, regulations and requirements and shall correct any work which fails to conform to such standards and shall remedy any defects due to faulty materials or workmanship which appear within one year from the date of final completion of the construction of the Development. This Section 3.06 applies to work done by subcontractors as we...
Contractor Covenants and agrees that it will maintain its existence and will remain in good standing in the State of Georgia throughout the during the Term of the Contract and will maintain its existence for as long thereafter as any obligations remain outstanding under this Contract. The provisions of this Section shall survive the expiration or earlier termination of this Contract.
Contractor Covenants. Celebrity/Influencer shall:
Contractor Covenants. In performing services and work under this Agreement, the Contractor will (i) use diligent efforts and professional skills and judgment; (ii) perform professional services in accordance with recognized standards of the applicable profession; and (iii) comply with the policies of the Company and any of its affiliates, subsidiaries or business partners to which the Work is provided, to the extent the Contractor is made aware of any such policies.