Common use of CONTINGENT ASSIGNMENT OF SUBCONTRACTS Clause in Contracts

CONTINGENT ASSIGNMENT OF SUBCONTRACTS. 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 5.4.1.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and 5.4.1.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work in connection with a subcontract has been suspended for more than thirty (30) days after termination of the contract by the Owner pursuant to Paragraph 14.2 and the Owner chooses to accept assignment of such subcontract, the Subcontractor's compensation shall be equitably adjusted for any increase in direct costs incurred by such Subcontractor as a result of the suspension beyond the thirty (30) day period. 5.4.3 Each subcontract shall specifically provide that the Owner shall only be responsible to the Subcontractor for those obligations of the Contractor that accrue subsequent to the Owner's exercise of any rights under this conditional assignment.

Appears in 16 contracts

Sources: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement