Common use of Entering into Clause in Contracts

Entering into. a Contract with a SUBCONTRACTOR who is not specified in the CONTRACTOR’s offer and is not included during the performance of the Contract as provided in the PPA or the performance of the activities under the Contract by a person who is not a SUBCONTRACTOR specified in the CONTRACTOR’s offer shall be deemed a failure to perform the Contract and shall be grounds for unilateral termination of the Contract by the ASSIGNOR and for drawdown of the full amount of the performance guarantee. Art. 13. (13.1) In concluding the Contracts with the SUBCONTRACTORS, as offer by the CONTRACTOR, the latter is obliged to establish conditions and guarantees so that: the applicable provisions of the Contract are binding on the SUBCONTRACTORS; the actions of the SUBCONTRACTORS will not directly or indirectly lead to failure to perform the Contract; in exercising his control functions under the Contract the ASSIGNOR will be able to carry out unhindered inspection of the activities and documentation of the SUBCONTRACTORS. Art. 14. (14.1) Where the part of the order to be performed by a SUBCONTRACTOR can be handed over as a separate object to the CONTRACTOR or to the ASSIGNOR, the ASSIGNOR shall pay remuneration for this part directly to the SUBCONTRACTOR.

Entering into. a Contract with a SUBCONTRACTOR who is not specified in the CONTRACTOR’s offer and is not included during the performance of the Contract as provided in the PPA or the performance of the activities under the Contract by a person who is not a SUBCONTRACTOR specified in the CONTRACTOR’s offer shall be deemed a failure to perform the Contract and shall be grounds for unilateral termination of the Contract by the ASSIGNOR and for drawdown of the full amount of the performance guarantee. Art. 1314. (13.114.1) In concluding the Contracts with the SUBCONTRACTORS, as bid in the offer by of the CONTRACTOR, the latter is obliged to establish create conditions and guarantees so that: the applicable provisions of the Contract are binding on the SUBCONTRACTORS; the actions of the SUBCONTRACTORS will not directly or indirectly lead to failure to perform the Contract; in exercising the exercise of his control functions under the Contract the ASSIGNOR will be able to carry out unhindered inspection of the activities and documentation of the SUBCONTRACTORS. Art. 14. (14.115.1) Where the part of the order to be performed by a SUBCONTRACTOR can may be handed over as a separate object item to the CONTRACTOR or to the ASSIGNOR, the ASSIGNOR shall pay remuneration for this that part directly to the SUBCONTRACTOR.