Common use of Prime Contract Clause in Contracts

Prime Contract. Contractor has previously entered into a contract, referred to as the "Prime Contract", dated , with (Owner) for the construction of the (Project), which contract includes the work to be done under this Agreement. The parties to this contract hereby agree to incorporate the terms and conditions of the Prime Contract herein by this reference, with the same force and effect as if it was set forth in full. Subcontractor and its subcontractors are bound by all terms of the Prime Contract as they relate in any way, directly or in directly, to the work covered by this Agreement. Subcontractor agrees to be bound to Contractor in the same manner and to the same extent as Contractor is bound to Owner under the Prime Contract, except to the extent the terms of the Prime Contract conflict with the terms of the Agreement, in which case the Agreement will supersede the Prime Contract. Upon written request by Subcontractor, Contractor shall provide to Subcontractor, at Subcontractor’s expense, one digital copy of all portions of the Prime Contract in the Contractor’s possession. Subcontractor shall not be excused from performance of its work because it does not have such documents. Upon written request by its subcontractors and suppliers, Subcontractor similarly shall make one digital copy of applicable portions of the subcontract documents available to its subcontractors and suppliers . Nothing shall prohibit Subcontractor from obtaining a copy of the executed Prime Contract from Contractor at any time after the Agreement is executed. Nothing in the Agreement shall be construed to create a contractual relationship between persons or entities other than Contractor and Subcontractor.