No Privity of Contract. Nothing in this Contract shall be construed as creating any contractual relationship between Customers and any Major Subcontractor or Subcontractor of Contractor, or between Contractor and any Major Subcontractor or other Subcontractor of a Customer. Each Party engaging a Subcontractor (or Customers jointly when Customers have jointly engaged a Subcontractor) shall be responsible to the other Parties (or to Contractor, as applicable) for the acts or omissions of its Subcontractors, including any non-compliance with the provisions of this Contract or damages caused by its Subcontractors, in the same manner as if caused by such Party itself. Except as provided in Section 16, any failure by a Major Subcontractor or Subcontractor of a Party to meet its obligations shall not constitute a Force Majeure Event and shall not relieve the Party engaging such Major Subcontractor or Subcontractor from meeting any of its obligations under this Contract.
Appears in 2 contracts
Sources: Contract for Design and Development (Terrestar Corp), Contract for Design and Development (Skyterra Communications Inc)