Key Subcontracts Clause Samples
The Key Subcontracts clause identifies specific subcontracts that are critical to the performance of the main contract and typically requires the contractor to obtain the client's approval before entering into, amending, or terminating these subcontracts. In practice, this clause often applies to agreements with major suppliers or subcontractors whose work is essential to the project's success, such as those providing specialized equipment or services. Its core function is to give the client oversight and control over important third-party relationships, thereby reducing the risk of disruptions or failures that could impact the overall project.
Key Subcontracts. The Operator must seek the State’s prior approval (which will not be unreasonably withheld) as to the terms of any Key Subcontract and any amendment to any Key Subcontract.
Key Subcontracts. Contractor agrees to enter into major Subcontracts (hereinafter referred to as “Key Subcontracts”) for the Work specified below with the persons or entities (hereinafter referred to as “Key Subcontractors”) listed below. Contractor further agrees that the Key Subcontractors are necessary for the successful completion of the Work to be performed hereunder. Contractor shall not change its key Subcontractors without NSS’ prior written consent.
1. XXX Launch
2. XXX C/Ku TWTs 3. XXX Triple Junction GaAs Solar Cells 4. XXX Loop Heat Pipes 5. XXX Structure Assemblies
Key Subcontracts. Contractor agrees to enter into major Subcontracts (hereinafter referred to as "Key Subcontracts") for the Work specified below with the persons or entities (hereinafter referred to as "Key Subcontractors") listed below. Contractor further agrees that the Key Subcontractors are necessary for the successful completion of the Work to be performed hereunder. Contractor shall not change its Key Subcontractors without Customer's prior written consent, such consent not to be unreasonably withheld.
Key Subcontracts. (a) (Engagement): ServiceCo must:
(i) engage the Key Subcontractors as specified in the Contract Particulars in the relevant roles specified in the Contract Particulars; and
(ii) not engage a Key Subcontractor (other than a Private Market Lessor) that is not specified in the Contract Particulars without the prior written consent of FACS (which will not be unreasonably withheld). It will be reasonable for FACS to withhold its consent if FACS is not satisfied that the Key Subcontractor complies with clause 10.3(a)(ii).
(b) (Restrictions): ServiceCo must not, and in respect of Key Subcontracts must ensure none of its Associates:
(i) amend or agree to amend, grant an indulgence, waive or accept any waiver, release or adjustment of any rights to or under any Key Subcontract or Tetris Property Document in a way that would:
A. have a material adverse effect on the ability of ServiceCo to perform and observe its obligations under any Service Package Document; or
B. have a material adverse effect on the rights, or increase the Liabilities or obligations of, FACS under any Service Package Document or the ability or capacity of FACS to exercise its rights or perform its obligations under a FACS Service Package Document; or
(ii) terminate, rescind, novate or assign, or agree to any termination, rescission, novation or assignment of any of the Key Subcontracts or Tetris Property Documents, without the prior consent of FACS (which will not be unreasonably withheld).
(c) (Side Deed): ServiceCo must procure from each Key Subcontractor an executed deed substantially in the form of the Side Deed applicable to that Key Subcontractor. Where the Key Subcontractor is a Lessor, the appropriate form of Side Deed will be the Head Lease Side Deed and will be executed on or about the time the relevant Agreement for Lease is executed with that ▇▇▇▇▇▇.
Key Subcontracts. The Design-Builder must not, without the prior written consent of Corporation:
(a) terminate or agree to terminate all or any part of a Key Subcontract;
(b) enter into (or permit the entry into by any other person of) any agreement replacing a Key Subcontractor;
(c) amend or vary any Key Subcontract in any material respect, other than to the extent required to comply with any amendment of this Agreement or pursuant to Change Orders implemented in accordance with this Agreement; or
(d) permit the assignment by the Key Subcontractor of any of its rights and obligations under the Key Subcontract.
Key Subcontracts. (a) Project Co must seek the State's prior approval (which will not be unreasonably withheld) to the terms of, and any amendment to, the D&C Subcontract or the FM Subcontract.
(b) Project Co must not itself or allow at any time termination, rescission, novation or assignment of any Key Subcontracts without the State's prior consent (which will not be unreasonably withheld).