Subcontractor Representations Clause Samples

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Subcontractor Representations. 2.1 Subcontractor acknowledges receipt of FLINT’s “Statement of Substance-Free Workplace Policy” and “Statement of Firearms, Weapons-Free Workplace Policy”. Subject to applicable law Subcontractor further agrees to be bound by these policies as part of this Agreement. Subcontractor represents and agrees that it has carefully examined and understands this Subcontract and the other Contract Documents, including but not limited to the Contract, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed, and that it enters into this Subcontract on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of FLINT, the Owner or any of their respective officers, agents or employees. 2.2 The commencement of the Work by Subcontractor on the site of the Project shall constitute the legal and binding acceptance by Subcontractor of this Subcontract if received by Subcontractor prior to the commencement of such Work without exception, unless explicitly agreed to in writing, by ▇▇▇▇▇, prior to such commencement of work. For purposes of this paragraph the mobilization of equipment, delivery of materials or the performance of actual labor on the Project site, whichever occurs first, shall constitute a “commencement” of Work by Subcontractor. ▇▇▇▇▇ reserves the right, however, to insist on a signed Agreement prior to making any payment to Subcontractor.
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Subcontractor Representations. In addition to any other representations or warranties contained herein or in the applicable lien waiver, all Subcontractors executing a lien waiver transmitted through the Services represents and warrants that the person signing the lien waiver is an authorized representative of the Subcontractor with the legal capacity to waive the Subcontractor's ability to assert any lien of any kind with respect to the applicable services provided to or on behalf of the Subscriber.
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Subcontractor Representations. Subcontractor has thoroughly and completely reviewed (1) the Subcontract Documents; (2) the apparent conditions at the site of the Project, including any other work which may now be in progress, and (3) Work which will be required relative to any other trades in connection with the Project; and (4) public utility installations and other known structures below and above the ground surface as may affect Subcontractor’s Work. Subcontractor has thoroughly reviewed the Subcontract Price in view of all such conditions as aforesaid in this Paragraph, and Subcontractor recognizes that Contractor either has or will act in reliance on the Subcontract Price in entering into agreements with other Subcontractors, Owner or other persons. Subcontractor represents that it can and will perform the Work for the Subcontract Price. Subcontractor therefore agrees that no modification or rescission of the Subcontract shall be made due to any error or omission on the part of Subcontractor with respect to the Subcontract Price or with respect to Subcontractor’s review as specified above. In connection with the Subcontractor’s review as aforesaid, Subcontractor warrants that it is experienced in performing Work of the scope and description required hereunder, that it has carefully examined the Contract Documents for both its Work and all other work which could affect its Work either during or after its performance.
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Subcontractor Representations. Subcontractor represents and warrants to Contractor as follows: (a) Subcontractor is self-certified as a Small Business in accordance with the requirements and procedures established by the Bureau of Diversity, Inclusion and Small Business Opportunities; [Subcontractor is also verified as a Small Diverse Business by the Bureau of Diversity, Inclusion and Small Business Opportunities in accordance with the requirements and procedures established by the Bureau;] (b) Subcontractor possesses the necessary knowledge, experience, expertise, capital, resources and personnel required to perform the Services it will provide under this Subcontract; (c) Subcontractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract; (d) The execution and performance by Subcontractor of the terms and provisions of this Subcontract have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract by Subcontractor will violate any provision of law, any order of any court or other agency of government, the organizational documents of Subcontractor or any indenture, agreement or other instrument to which Subcontractor is a party, or by which Subcontractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Subcontractor pursuant to, any such indenture agreement or instrument; (e) Subcontractor has obtained all licenses, permits and approvals required to perform the Services it will provide under this Subcontract; and (f) Subcontractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
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Subcontractor Representations. Subcontractor represents and warrants that: (a) it has carefully examined and is familiar with the Contract Documents, (b) it has visited and is familiar with the Project site and conditions, and (c) it has the ability and capacity to perform the Work in accordance with the terms and conditions of the Contract Documents and this Agreement. Subcontractor assumes for the benefit of Contractor all obligations that Contractor assumes for the benefit of the Owner under the contract or agreement between the Owner and Contractor (“Owner- Contractor Agreement”) and by the Contract Documents insofar as the same are applicable to the Work to be performed pursuant to this Agreement.
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Subcontractor Representations. Subcontractor represents, warrants and covenants the following to Builder:
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Subcontractor Representations. Subcontractor represents the following: (a) it is properly licensed to perform each Additional Work Amendment; (b) its lower-tier subcontractors, if any, are properly licensed to perform work arising from each Additional Work Amendment; (c) it is fully qualified to perform each Additional Work Amendment and is experienced in the type of work required by each Additional Work Amendment; (d) it has had a sufficient opportunity to review and has carefully examined all of the Contract Documents and each project site before commencing work on any Additional Work Amendment; (e) it has satisfied itself as to the character, quality, and quantity of the work to be performed for each Additional Work Amendment, the conditions that will be encountered at each project site or otherwise affect the cost or difficulty of performing the work, the materials and equipment and other items to be furnished, and all other requirements of the Contract Documents; and (f) if applicable, it is fully capable and experienced in design-build contracting and understands the increased and inherent risks associated therewith.
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Subcontractor Representations. 5.1 Subcontractor is Qualified. Subcontractor is fully able, qualified, and experienced to perform the Subcontract Work. Subcontractor possesses and will maintain at all times for the duration of this Subcontract, all licenses and certifications required for the Subcontract Work. Without limiting the generality of the foregoing, the Subcontract Work will be provided by engineering and design professionals licensed in the jurisdiction of the Project Site and all engineering design documents will be properly sealed or stamped, as applicable, by licensed professionals as required. Subcontractor will present evidence thereof, upon request by TRC, and will notify TRC immediately after any decertification or revocation of any license or certification.
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Subcontractor Representations. 3.1 The Subcontractor acknowledges receipt of all policies/procedures listed in Exhibit C. Subject to applicable law the Subcontractor further agrees to be bound by these policies/procedures as part of this Agreement. The Subcontractor represents and agrees that it has carefully examined and understands this Agreement and the other Subcontract Documents, has investigated the nature, locality and site of the Subcontract Work and the conditions and difficulties under which it is to be performed, and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the Contractor, the Owner or any of their respective officers, agents or employees. 3.2 The commencement of the Subcontract Work by the Subcontractor on the site of the Project shall constitute the legal and binding acceptance by the Subcontractor of this Agreement. For purposes of this paragraph the mobilization of equipment, delivery of materials or the performance of actual labor on the Project site, whichever occurs first, shall constitute a “commencement” of Subcontract Work by the Subcontractor. The Contractor reserves the right, however, to insist on a signed Agreement prior to the making of any payment to the Subcontractor.
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Related to Subcontractor Representations

  • Contractor Representations Contractor represents and warrants to Subcontractor as follows: (a) Contractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract; (b) The execution and performance by Contractor of the terms and provisions of this Subcontract by Contractor have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract will violate any provision of law, any order of any court or other agency of government, the organizational documents of Contractor or any indenture, agreement or other instrument to which Contractor is a party, or by which Contractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Contractor pursuant to, any such indenture agreement or instrument; (c) Contractor has obtained all licenses, permits and approvals required to perform the Services to be provided by Contractor under the Prime Contract; and (d) Contractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.

  • SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS Any Contractor representations or certifications set forth in this Contract shall apply to subcontractors (at any tier) and Contractor shall not utilize any subcontractors (at any tier) who cannot provide such representations or certifications, excepting the certification to be registered with Washington’s Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.

  • CONTRACTOR’S REPRESENTATIONS A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Client Representations The Client represents to the Firm the following and understands and agrees that the Firm is relying on these representations as an inducement to enter into this Agreement: • The Client affirms to be legally empowered to enter into or perform this agreement. • If this Agreement is established by a legal entity, the undersigned certifies that the Agreement has been duly authorized, executed and delivered on behalf of such entity, and that the Agreement is valid by way of resolution or amendment made by the entity to that effect, and authorizing the appropriate officer or director to act on its behalf in connection with this Agreement. • The Client agrees to provide the Firm with the necessary information to provide the agreed upon services, including, but not limited to current contact information for Client, such as address, email and phone number. • The Client agrees and acknowledges that the responsibility for financial planning decisions is theirs and that the Client has the right to not act upon, either wholly or in part, any recommendation or suggestion provided by the Firm. • The Client affirms that the Firm performs services for other clients and may make recommendations to those clients that differ from the recommendations made to the Client. The Client affirms the Firm does not have an obligation to recommend for purchase or sale any security or other asset it may recommend to any other client. • The Client affirms that the Firm obtains information from a wide variety of publicly available sources and cannot guarantee the accuracy of the information or success of the advice which it may provide. The information and recommendations developed by the Firm is based on the professional judgment of the Firm and the information the Client provides to the Firm. • The Client acknowledges and agrees that the Firm shall not be obligated to provide any services under this Agreement with or for the Client if, in the Firm’s reasonable judgment, this would (i) violate any applicable federal or state law or any applicable rule or regulation of any regulatory agency, or (ii) be inconsistent with any internal policy maintained by the Firm relating to its business conduct with its Clients. • The Client acknowledges all investments involve risks and that some investment decisions will result in losses, including the potential for the loss of Client’s principal that has been invested. The Client is hereby informed that the Firm cannot guarantee Client’s investment goals or planning objectives will be achieved. • If the Client account(s) served by the Firm contains only a portion of the Client’s total assets, the Firm shall not be responsible for the supervision of those Client assets not set forth through this Agreement. • The Client understands and agrees that the Firm will not be liable for any loss incurred as a result of the services provided to the Client by the Custodian of Record via the Client’s instructions.