Key Contracts Contractor Qualifications Sample Clauses

Key Contracts Contractor Qualifications. 72 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors 72 7.3.2 Key Contract Provisions 72

Key Contracts Contractor Qualifications. 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Design-Build Contractor(s), the Lead Engineering Firm(s), and Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA’s prior written approval in its good faith discretion, which approval shall be based on compliance with the requirements for such contracts contained in Section 7.3.2. 7.3.1.2 Amendment of any Key Contract with respect to a matter set forth in Section 7.3.2 shall be subject to IFA’s prior written approval in its good faith discretion. Amendment in any other material respect of the Key Contract with the Design-Build Contractor(s), the Lead Engineering Firm(s), or Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA prior written approval in its good faith discretion. 7.3.1.3 Developer shall retain, employ and utilize the firms and organizations specifically listed in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of any Key Contractor, except in the case of material default by the Key Contractor or with IFA’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to IFA’s prior written approval in its good faith discretion. 7.3.1.4 Developer shall not terminate or permit termination of a Key Contract except: a. In the case of material uncured default by the Key Contractor; b. Termination of this Agreement and IFA’s election not to assume the Key Contract; c. If there occurs any suspension, debarment, disqualification or removal (distinguished from ineligibility due to lack of financial qualifications) of the Contractor, or there goes into effect an agreement for voluntary exclusion of the Contractor, from bidding, proposing or contracting with any federal, State or local department or agency; or d. With IFA’s prior written approval in its good faith discretion.

Key Contracts Contractor Qualifications. 72 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors 72 7.3.2 Key Contract Provisions 73 7.4 Key Personnel 75 7.5 [reserved] 76 7.6 Contracts with Affiliates 76 7.7 Labor Standards 76 7.8 Ethical Standards 77 7.9 Non-Discrimination; Equal Employment Opportunity 78 7.10 Disadvantaged Business Enterprise 80 7.10.1 General 80 7.10.2 DBE Participation Goals 80 7.10.3 DBE Performance Plan 81 7.10.4 Changes in the D&C Work 82

Key Contracts Contractor Qualifications. ‌ 7.3.1 Key Contract Approvals; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Lead Contractor, Lead Engineering Firm and Lead Operations and Maintenance Contractor (if applicable) shall be subject to the Department’s prior written approval. 7.3.1.2 Developer shall retain, employ and utilize the firms and organizations specifically listed in Appendix 2-H to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract with a Key Contractor, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of such Key Contractor, except in the case of material default by the Key Contractor or with the Department’s prior written approval in its good faith discretion. For Key Contractors not identified in Appendix 2-H, Developer’s selection thereof shall be subject to the Department’s prior written approval in its good faith discretion.

Key Contracts Contractor Qualifications. For the purposes of this Section 9.3, references to Developer means Developer or the highest tier Contractor that is or will be party to the Key Contract, as the context may require.

Key Contracts Contractor Qualifications