Subcontracting and Assignments. A. The Contractor agrees not to enter into subcontracts for any of the work contemplated under this contract without prior written approval of the County. B. All subcontractors shall be subject to and shall meet all requirements of this contract. C. The Contractor shall ensure that any and all subcontracts, to provide service under this contract, shall contain the following language: 1. The subcontractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary, and as a third-party beneficiary, is an affected party under this contract. 2. The subcontractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to take any appropriate administrative action or sue the subcontractor for any appropriate relief in law or equity, including but not limited to, rescission, damages, or specific performance, or all or any part of the contract between the county board and the Contractor. 3. The subcontractor specifically acknowledges that the Kandiyohi County Board and the Minnesota Department of Human Services are entitled to and may recover from the subcontractor reasonable attorney's fees, costs, and disbursements associated with any action taken under this paragraph that is successfully maintained in a court of law. 4. This provision shall not be construed to limit the rights of any party to the contract or any other third-party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. D. The Contractor agrees to be responsible for the performance of any subcontractor to ensure compliance with the subcontract and Minnesota Rules, part 9525.1870, subpart 3.
Appears in 3 contracts
Sources: Purchase of Service Contract, Purchase of Service Contract, Purchase of Service Contract
Subcontracting and Assignments. A. The Contractor agrees not to enter into subcontracts for any of the work contemplated under this contract without prior written approval of the CountyDepartment.
B. All subcontractors shall be subject to and shall meet all requirements of this contract.
C. The Contractor shall ensure that any and all subcontracts, to provide service under this contract, shall contain the following language:
1. The subcontractor acknowledges and agrees that the Minnesota Department of Human Services is a third-party beneficiary, and as a third-party beneficiary, is an affected party under this contract.
2. The subcontractor specifically acknowledges and agrees that the Minnesota Department of Human Services has standing to take any appropriate administrative action or sue ▇▇▇ the subcontractor for any appropriate relief in law or equity, including but not limited to, rescission, damages, or specific performance, or all or any part of the contract between the county board and the Contractor.
3. The subcontractor specifically acknowledges that the Kandiyohi County Board county board and the Minnesota Department of Human Services are entitled to and may recover from the subcontractor reasonable attorney's fees, costs, and disbursements associated with any action taken under this paragraph that is successfully maintained in a court of law.
4. This provision shall not be construed to limit the rights of any party to the contract or any other third-party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity.
D. The Contractor agrees to be responsible for the performance of any subcontractor to ensure compliance with the subcontract and Minnesota Rules, part 9525.1870, subpart 3.
Appears in 1 contract
Sources: Purchase of Service Agreement