Common use of Subcontract Procedures Clause in Contracts

Subcontract Procedures. Without relieving it of, or in any way limiting, its obligations to NYSERDA under this Agreement, the Grant Recipient may enter into Subcontracts for the performance of services with respect to the Project and for the purchase of goods, materials or equipment necessary or incidental thereto. Grant Recipient shall maintain a list of all Subcontracts entered into for the Project and include such list in each report to NYSERDA required hereunder. Grant Recipient shall be responsible for ensuring that no contractors or Subcontractors have a conflict of interest that are material to the Project and ensuring Subcontractors comply with applicable laws. Each Subcontract shall make express reference to this Agreement, and shall state that in the event of any conflict or inconsistency between any Subcontract and this Agreement, the terms and conditions of this Agreement shall control as between Subcontractor and Grant Recipient. For each contract and Subcontract valued at $100,000 or more, Grant Recipient shall require that a completed Vendor Assurance of No Conflict of Interest or Detrimental Effect form (made available to the Grant Recipient by NYSERDA) be maintained on file and provided to NYSERDA upon reasonable request. Each such Subcontract shall contain a provision whereby the Subcontractor warrants and guarantees that there is and shall be no actual or potential conflict of interest that could prevent the Subcontractor’s satisfactory or ethical performance of duties required to be performed pursuant to the terms of the Subcontract and that the Subcontractor shall have a duty to notify NYSERDA immediately of any actual or potential conflicts of interest.