Use of Subsidiaries and Subcontractors Clause Samples

The 'Use of Subsidiaries and Subcontractors' clause defines the conditions under which a party to the agreement may delegate its obligations or tasks to affiliated companies or third-party subcontractors. Typically, this clause outlines whether prior consent is required, sets standards for the selection of subcontractors, and clarifies that the original party remains responsible for the performance of any delegated work. Its core function is to provide flexibility in fulfilling contractual duties while ensuring accountability and maintaining quality standards, thereby addressing concerns about control and performance when work is outsourced.
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Use of Subsidiaries and Subcontractors. (a) EDS shall not subcontract with any individual or entity for personnel resources to perform any of EDS' obligations related to the Services as described in the appropriate Authorization Letter attached to this Agreement without STK's prior written consent, which consent may not be unreasonably withheld. Reasonable bases for withholding consent, include, without limitation: (i) the subcontractor is an STK Competitor, (ii) the subcontractor does not have an acceptable reputation in the industry for quality and/or reliability or STK has one or more specific instances where STK or its subcontractors previously used such subcontractor and STK or its subcontractor was not satisfied with the quality or reliability, (iii) the subcontractor does not have sufficient resources to perform the services the subcontractor is to perform, (iv) the subcontractor's financial profile is not acceptable, or
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Use of Subsidiaries and Subcontractors. The Services will be performed by EDS, itself and through its direct and indirect wholly owned subsidiaries, including EIS. Subject to the other provisions of this Section 2.4, EDS may assign this Agreement to EIS and may subcontract any portion of the Services to unaffiliated third parties; provided, however, that to the extent more than 15% of the work hereunder is to be subcontracted out (exclusive of telecom services and desktop break/fix services), such subcontract will only be entered into with ▇▇▇▇▇▇▇▇ ▇▇▇▇▇’▇ prior written consent. EDS will not disclose any confidential information of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ to any such subcontractor unless and until the subcontractor has agreed in writing to protect the confidentiality of such confidential information in the manner required by Section 8.4 and then only to the extent necessary for the subcontractor to perform those Services subcontracted to it. EDS will remain responsible for the obligations performed by any of its subsidiaries or subcontractors to the same extent as if EDS performed such obligations.
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Use of Subsidiaries and Subcontractors. Due to the cyclical nature of the Addendum #1 Services, the second sentence of Section 2.4 of the Agreement shall not apply to subcontracts for non-managerial resources used to perform the Addendum #1 Services.
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Related to Use of Subsidiaries and Subcontractors

  • Use of Subservicers and Subcontractors The Company shall not hire or otherwise utilize the services of any Subservicer to fulfill any of the obligations of the Company as servicer under this Agreement or any related Reconstitution Agreement unless the Company complies with the provisions of paragraph (i) of this Subsection (f). The Company shall not hire or otherwise utilize the services of any Subcontractor, and shall not permit any Subservicer to hire or otherwise utilize the services of any Subcontractor, to fulfill any of the obligations of the Company as servicer under this Agreement or any related Reconstitution Agreement unless the Company complies with the provisions of paragraph (ii) of this Subsection (f). (i) It shall not be necessary for the Company to seek the consent of the Purchaser or any Depositor to the utilization of any Subservicer. If required by Regulation AB, the Company shall cause any Subservicer used by the Company (or by any Subservicer) for the benefit of the Purchaser and any Depositor to comply with the provisions of this Section and with Sections 2(b), 2(c)(iii), 2(c)(v), 2(d), and 2(e) of this Agreement , and to provide the information required with respect to such Subservicer under Section 2(c)(iv) of this Agreement. The Company shall be responsible for obtaining from each Subservicer and delivering to the Purchaser and any Depositor any servicer compliance statement required to be delivered by such Subservicer under Section 2(d), any assessment of compliance and attestation required to be delivered by such Subservicer under Section 2(e) and any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 2(e) as and when required to be delivered. (ii) It shall not be necessary for the Company to seek the consent of the Purchaser or any Depositor to the utilization of any Subcontractor. If required by Regulation AB, the Company shall after engagement of such Subcontractor, promptly provide a written description of the role and function of each Subcontractor utilized by the Company or any Subservicer, specifying (A) the identity of each such Subcontractor, (B) which (if any) of such Subcontractors are Participating Entities, and (C) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Participating Entity identified pursuant to clause (B) of this paragraph. The Company shall cause any such Participating Entity used by the Company (or by any Subservicer) for the benefit of the Purchaser and any Depositor to comply with the provisions of Section 2(e) of this Agreement. The Company shall be responsible for obtaining from each Participating Entity and delivering to the Purchaser and any Depositor any assessment of compliance and attestation required to be delivered by such Participating Entity under Section 2(e), in each case as and when required to be delivered.

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • Use of Sub-Contractors If the Applicant requires the use of a Sub-Contractor in order to adequately complete the Project, a collaboration letter, contract or agreement between the Applicant and the Sub-Contractor must be in place prior to the Applicant proceeding with any Milestone which requires assistance from the Sub-Contractor. Applicant shall: (a) identify the Sub-Contractor to Alberta Innovates; (b) provide a copy of such Sub- Contractor agreement to Alberta Innovates upon request, and on a strictly confidential basis; and (c) ensure that dealings with the Sub-Contractor are not prohibited under any Applicable Laws Including any Anti- Bribery, Anti-Corruption and Sanctions Laws or Export Control Laws. Alberta Innovates may request the Applicant to provide evidence that it has paid the Sub-Contractor for such services. If the Applicant is using a Sub-Contractor: (aa) nothing in this Investment Agreement creates any employment, contract, agency relationship, or other direct or indirect, relationship of any kind between Alberta Innovates and such Sub-Contractor; and (bb) the Applicant shall be solely responsible for all work, acts, claims, defaults and liabilities relating to the Sub-Contractor.

  • Use of Subconsultants If Attachment B of an Approved Service Order authorizes the use of one or more subconsultants, then it will identify the name of each such subconsultant and the portion of Work each such subconsultant will perform. The Director’s prior written consent is required for the Consultant to remove, replace or add to the subconsultants identified in Attachment B.

  • Use of Affiliated Companies and Subcontractors In connection with the services to be provided by Manager under this Agreement, Manager may, to the extent it deems appropriate, and subject to compliance with the requirements of applicable laws and regulations, make use of (i) its affiliated companies and their directors, trustees, officers, and employees and (ii) subcontractors selected by Manager, provided that Manager shall supervise and remain fully responsible for the services of all such third parties in accordance with and to the extent provided by this Agreement. All costs and expenses associated with services provided by any such third parties shall be borne by Manager or such parties.