Liability of Progressive Contractor Sample Clauses

Liability of Progressive Contractor. ‌ If a breach and subsequent Progressive Contractor Default has occurred, the Progressive Contractor and Surety shall be liable to the Department (in addition to any other damages under the Contract Documents other than those costs intended to be covered by Liquidated Damages (and Key Personnel Liquidated Damages) payable hereunder) for all costs reasonably incurred by the Department or any party acting on the Department’s behalf in completing the Work or having the Work completed by another Person (including any re-procurement costs, throw away costs for unused portions of the completed Work, and increased financing costs). Upon the occurrence of a Progressive Contractor Default, the Department shall be entitled to withhold all or any portion of further payments to the Progressive Contractor until such time as the Department is able to determine how much (if any) remains owing to the Progressive Contractor. Promptly upon such determination, the Department shall notify the Progressive Contractor in writing of the amount, if any, that the Progressive Contractor shall pay the Department or that the Department shall pay the Progressive Contractor with respect thereto. All costs and charges incurred by the Department, including attorneys’, accountants’, and expert witness fees and costs, together with the cost of completing the Work under the Contract Documents, will be deducted from any monies due or which may become due to the Progressive Contractor. If such expense exceeds the sum which would have been payable under the Agreement, then the Progressive Contractor and its Surety shall be liable and shall pay to the Department the amount of such excess. If a Progressive Contractor Default under Section 24.1.1(l) (Breaches; Progressive Contractor Defaults) or Section 24.1.1(m) (Breaches; Progressive Contractor Defaults) occurs, the Department shall be entitled to request of the Progressive Contractor, or its successor in interest, adequate assurance of future performance in accordance with the terms and conditions hereof. Failure to comply with such request within 10 Days of delivery of the request shall entitle the Department to terminate the Agreement and to enforce the accompanying rights set forth above. Pending receipt of adequate assurance of performance and actual performance in accordance therewith, the Department shall be entitled to proceed with the Work with its own forces or with other contractors on a time and material or other appropriate basis, t...
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Related to Liability of Progressive Contractor

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  • Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Advertising Injury Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than $500,000 combined single limit. If performance of this Agreement involves construction, or the transport of persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit.

  • Contractor Certification regarding Business with Certain Countries and Organizations Pursuant to Subchapter F, Chapter 2252, Texas Government Code], Contractor certifies Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

  • Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in this Contract, or, the Contractor may insure the activities of its subcontractors in the Contractor’s policy, as specified in this Contract.

  • SUB-CONTRACTORS Transfer Agent may, without further consent on the part of Customer, subcontract with other subcontractors for telephone and mailing services as may be required from time to time; provided, however, that the Transfer Agent shall be as fully responsible to the Customer for the acts and omissions of any subcontractor as it is for its own acts and omissions.

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  • POTENTIAL SUBCONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the STATE and any subcontractors, and no subcontract shall relieve the PURCHASER of his responsibilities and obligations hereunder. The PURCHASER agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the PURCHASER. The PURCHASER’S obligation to pay its subcontractors is an independent obligation from the STATE’S obligation to make payments to the Contractor. As a result, the STATE shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

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