The subcontracting clause outlines the conditions under which a party to the contract may hire third parties (subcontractors) to perform certain tasks or services. It typically includes stipulations about the approval process, responsibilities, and liabilities of the subcontractor, ensuring that the primary obligations of the contract are met.
SERVICE and SUBCONTRACTING AGREEMENT This Service and Subcontracting Agreement (this “Agreement”) is entered into by and between Teachers Insurance and Annuity Association of America, a New York life insurance company (“TIAA”), and TIAA Shared Services, LLC, a Delaware limited liability corporation (“TSS”) and is effective as of April 1, 2021.
Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
The Commercial Manager shall provide and/or procure, directly or through subcontracting, the provision of the services specified hereunder in the name of the Shipowning Entities or otherwise on its behalf and do all things which may be expedient or necessary for the provision of said services or otherwise in relation to the commercial operation of the Vessels, such services as stated below:-
HUMAN RESOURCING AGREEMENT This SUBCONTRACTING AGREEMENT, being made this 1st day of October 2020 by and between Elvictor Group, Inc., a Nevada corporation (hereinafter the “Company”) and Elvictor Crew Management Limited (hereinafter the “Contractor”). The Agreement will become effective on the date of this Agreement as detailed above.
Term: This Subcontracting Agreement shall have an indefinite term, provided that this Agreement may be cancelled by either party at any time with written notice provided sixty (60) days prior to cancellation.
25.01 Assignment and Subcontracting. Vendor shall not, without the consent of AMEX, which consent may be given or withheld for any reason in AMEX’s sole discretion (1) assign this Agreement or any amounts payable pursuant to this Agreement other than to Vendor’s parent, a successor to Vendor’s parent, or a wholly-owned subsidiary of Vendor for so long as such subsidiary remains wholly-owned by Vendor or (2) subcontract the provision of any of the Services (except as set forth in Section 8.02). The consent of AMEX to any assignment or subcontracting shall not (a) with respect to subcontracting, relieve Vendor of its responsibility for the performance of any of its other obligations under this Agreement or (b) constitute AMEX’s consent to further assignment or subcontracting. This Agreement shall be binding on the parties and their respective successors and permitted assigns. Any assignment or subcontracting in contravention of this Section 25.01 shall be void. Notwithstanding the foregoing, AMEX may assign this Agreement to its parent, a wholly-owned subsidiary or an affiliate if AMEX provides Vendor with 30 days’ notice prior to the effective date of assignment.
8.02 Subcontractors. Vendor may not subcontract any of the Services without AMEX’s written consent, which consent may be given or withheld for any reason in AMEX’s sole discretion. AMEX agrees to respond within a reasonable period of time to a request by Vendor for such consent. The consent of AMEX to any subcontracting of the Services shall not relieve Vendor of its responsibility for the performance of its obligations under this Agreement. Vendor shall remain fully responsible for any obligations subcontracted and shall be solely responsible for payments due such subcontractors. Vendor has disclosed those subcontractors for the performance of its Services as of the Effective Date and listed in Exhibit G and AMEX hereby consents thereto.
(6)52.219 -8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 -8 in lower tier subcontracts that offer subcontracting opportunities.
10.7 Performance by Subparties. Subject to Section 2.2(b), the parties recognize that each may perform some of its obligations under this Agreement through its Affiliates, and its and such Affiliates’ sublicensees and subcontractors (a party’s Affiliates and such party’s and such Affiliates’ sublicensees and subcontractors, each, a “Subparty” and collectively, “Subparties”), provided, however, that (a) Licensor will be jointly and severally liable with Licensor’s Subparties for the performance of Licensor’s Subparties, (b) Company will be jointly and severally liable with Company’s Subparties for the performance of Company’s Subparties, (c) Licensor will be the guarantor of the performance by Licensor’s Subparties, and will cause Licensor’s Subparties to comply with the provisions of this Agreement in connection with such performance, and (d) Company will be the guarantor of the performance by Company’s Subparties, and will cause Company’s Subparties to comply with the provisions of this Agreement in connection with such performance. For clarity, none of the rights of Licensor or Company (each, the “Non-Subcontracting Party”, as applicable) hereunder may be materially diminished or otherwise materially adversely affected as a result of performance by the other party’s Subparties, and Licensor and Company (each, the “Subcontracting Party”, as applicable) will require a written agreement (a “Subcontract”) with their respective Subparties that will perform the Subcontracting Party’s obligations under this Agreement explicitly confirming that such rights are protected, and that will grant third-party beneficiary status to the Non-Subcontracting Party (including the right to enforce the Subcontract and to require payment or other performance directly from the Subparty to the Non-Subcontracting Party). For example, if any Subparties of Company participate in research or other activities in furtherance of the development or commercialization of Products, Company will ensure, and hereby guarantees, that (i) any intellectual property developed by such Subparties will be governed by the provisions of this Agreement (including the obligations in Section 5.2) as if such intellectual property had been developed by Company, (ii) confidential information will be protected by such Subparties as required in this Agreement (including the obligations in Sections 6.1, 6.4 and 6.5) and (iii) the Subparties will covenant to all Company covenants herein (including the covenants in Sections 7.4 and 7.5). Any action or omission by a Subcontracting Party’s Subparties which would, if such action or omission were conducted by the Subcontracting Party, constitute a breach of the Subcontracting Party’s obligations under this Agreement will constitute a breach of such obligation by the Subcontracting Party (unless such obligation were otherwise satisfied by such party or another of its Subparties).
7.2 Effect of subcontracting The entry by the Consultant into a subcontract will not relieve the Consultant from liability for the performance of any of its obligations under this agreement. The Consultant will be fully liable to the Company for the acts and omissions of each of its subcontractors as if they were acts or omissions of the Consultant.
7.1 Restriction on subcontracting The Consultant shall not be permitted to subcontract any person to provide all or any part of the Services unless the subcontractor and the relevant subcontract have first been approved in writing by the Company.
Sanei is subcontracting with Canon Electronics Co., Ltd., Chichibu, Japan (“Canon Electronics”) for part of the production.
Subcontracting by the Service Provider/Institution in the performance of the Services and the performance of the Services by the subcontractors shall be bound by the terms and conditions of the Agreement. Subcontractors used in the performance of the Services described herein are detailed in Schedule C.
6. Subcontracting (1) Subcontracting for the purpose of this Agreement is to be understood as meaning services which relate directly to the provision of the principal service. This does not include ancillary services, such as telecommunication services, postal / transport services, maintenance and user support services or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing equipment. The Supplier shall, however, be obliged to make appropriate and legally binding contractual arrangements and take appropriate inspection measures to ensure the data protection and the data security of the Client’s data, even in the case of outsourced ancillary services.
11.2 Subcontracting (a) SMX Israel may subcontract part or all of the provision of Services under this Agreement without the prior consent of TrueGold. SMX Israel acknowledges and agrees that the subcontracting by it of the Services does not in any way relieve it from the performance of any of its obligations under this Agreement. (b) SMX Israel will remain primarily liable for the performance of any subcontractor it employs to undertake any of the Services.
Subcontracting is the practice of delegating certain tasks, jobs, or processes to an external party (the subcontractor) rather than handling them in-house. It allows businesses to leverage specialized skills or resources that may not be available internally. By subcontracting, companies can efficiently manage their workload, focus on core activities, and often reduce costs.
Subcontracting is beneficial in various scenarios, such as when:
Writing a subcontract involves several key components to ensure clarity and legal compliance. Here’s a general framework:
Subcontracting is often present in various types of contracts, especially in industries that require specialized or temporary services. Some typical contracts include:
By clarifying the roles, responsibilities, and expectations through well-written subcontracts, businesses can effectively leverage subcontracting to optimize their operations.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
The "Subcontractors" clause outlines the conditions under which a primary contractor is permitted to hire third parties to perform parts of the contracted work. It typically includes requirements for approval by the original client and stipulations ensuring that subcontractors comply with the same standards and obligations set forth in the main contract.
A "subject person" clause typically defines the individual or entity to whom certain responsibilities, rights, or conditions within a contract apply, ensuring clarity regarding who is bound or benefited by specific terms. This clause helps prevent ambiguity and potential disputes by explicitly identifying the relevant party involved in contractual obligations or entitlements.
The "Subordination of Lease" clause establishes that the tenant's lease is subordinate to the liens of any current or future mortgages on the property, giving the mortgage lender's rights priority over the tenant's rights. This means that if the property is foreclosed, the lease may be terminated unless the lender agrees otherwise.
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