Contract Assurances Clause Samples
The Contract Assurances clause serves to guarantee that each party will fulfill certain promises or obligations as specified in the agreement. Typically, this clause outlines the representations, warranties, or undertakings that each party makes, such as confirming they have the authority to enter into the contract or that all information provided is accurate. By clearly stating these assurances, the clause helps build trust between the parties and reduces the risk of disputes arising from misunderstandings or misrepresentations.
Contract Assurances. In the event the following clauses conflict with any other terms or provisions of this Agreement, the clauses set forth in this section shall control.
Contract Assurances. The following clauses pertaining to compliance with 49 CFR Part 26 are incorporated into and are a part of this Agreement, upon its award by the County, and are hereby incorporated into the terms of the Consultant's solicitations, subcontracts, material supply contracts and purchase orders. In the event the following clauses conflict with any other terms or provisions of this Agreement, or any of the terms of the Consultant's solicitations, subcontracts, material supply contracts and purchase orders, the clauses set forth in this Section shall control.
9.2.1 Compliance monitoring will be conducted to determine if the Consultant and its subconsultants are complying with the requirements of the DBE Program. Failure of the Consultant to comply with this provision may result in the County imposing penalties or sanctions pursuant to the provisions of the DBE regulation, 49 CFR Part 26 and the County's Business Opportunity Act of 2012, Ordinance 2012-33, as may be amended from time to time. Contract compliance will encompass monitoring for contract dollar achievement and DBE utilization. The OESBD shall have the authority to audit and monitor all contracts and contract related documents pertaining to Broward County projects.
9.2.2 The Consultant shall be responsible for ensuring proper documentation with regard to its utilization and payment of DBE subconsultants.
9.2.3 The Consultant agrees to submit a Monthly DBE Utilization Report, Exhibit C-3, to the Contract Administrator with a copy to the OESBD, on DBE participation, which shall contain a record of payments made to its DBE subconsultants.
9.2.4 The Consultant agrees to submit a Final DBE Utilization Report, Exhibit C-4, containing the total amount paid to its DBE subconsultants. This report must be submitted with the Consultant's request for final payment and release of retainage.
9.2.5 Nondiscrimination – The Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
Contract Assurances. Developer acknowledges HKBT either directly or through its Affiliates may apply for or receive government funds that will be used to pay the consideration described under this Agreement. In such event, Developer will provide reasonable cooperation to HKBT and any applicable governmental authority to perform all necessary activities to comply with any requirements related to the receipt and continued eligibility of such funds.
Contract Assurances. In the event the following clauses conflict with any other terms or provisions of this Agreement section, the clauses set forth in this Airport Concession Disadvantaged Business Enterprise shall control.
21.4.1 Nondiscrimination/Remedies. Concessionaire or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Concessionaire shall carry out applicable requirements of 49 CFR Part 23 in the award and administration of contracts subject to USDOT requirements. Failure by Concessionaire to carry out these requirements is a material breach of this contract which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
Contract Assurances. Purchaser shall have received for each of the ------------------- Contracts (specifically excluding, however, the maintenance contracts described in Part IIb. of Exhibit A) for which Purchaser requests it, customer estoppel --------- letters or other assurances reasonably satisfactory to Purchaser to the effect that (i) the Contracts are currently effective, (ii) the customers are not aware of any outstanding material claims or material unsatisfied obligations for work completed thereunder (provided that any such letter shall expressly state that the customer in no way waives any rights or claims under the Contract as a result of its response in the letter) and (iii) the customers under such Contracts consent to the assignment thereof to Purchaser and agree to continue to comply with and honor the existing terms of the Contracts after Purchaser acquires the Assets.
Contract Assurances. The following clauses of 49 C.F.R. Part 26 are a part of this Contract, and are hereby incorporated into the Design/Build Firm’s subconsultant agreements, material supply contracts, and purchase orders. In the event the following clauses conflict with any other terms or provisions of this Contract, or any of the terms of Design/Build Firm’s subconsultant agreements, material supply contracts, and purchase orders, the clauses set forth in this section shall control.
Contract Assurances. The DB Contractor, subconsultant, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The DB Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Contract. Further, the DB Contractor shall comply with the requirements of D.C. Code §2-1401.01 et seq. Failure by the DB Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the District deems appropriate.
Contract Assurances. The following clauses pertaining to compliance with 49 CFR Part 23 shall become a part of your contract with Broward County upon award and shall be incorporated into the terms of your solicitations, subcontracts, material supply contracts and purchase orders. In the event the following clauses conflict with any other terms or provisions of this Agreement section, the clauses set forth in this Airport Concession Disadvantaged Business Enterprise shall control.
Contract Assurances. The Contractor and its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of the contract. The Contractor and its subcontractors shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
Contract Assurances. The following clauses pertaining to compliance with 49 CFR Part 26 are incorporated into and are a part of this Agreement, upon its award by County, and are hereby incorporated into the terms of Consultant’s solicitations, subcontracts, material supply contracts, and purchase orders. In the event the following clauses conflict with any other terms or provisions of this Agreement, or any of the terms of Consultant’s solicitations, subcontracts, material supply contracts, and purchase orders, the clauses set forth in this section shall control.