Where the Supplier enters into a Sub Clause Samples
This clause governs the circumstances under which the Supplier is permitted to engage subcontractors to perform parts of their contractual obligations. It typically requires the Supplier to obtain the Customer's consent before entering into any subcontracting arrangement, and may impose conditions such as ensuring that subcontractors meet certain standards or that the Supplier remains fully responsible for the subcontracted work. The core function of this clause is to maintain control and oversight over the quality and reliability of the services or goods provided, while clarifying that the Supplier remains liable for the performance of any subcontracted tasks.
Where the Supplier enters into a Sub. Contract with a supplier or contractor for the purpose of performing the agreement, it shall cause a term to be included in such a Sub-Contract that requires payment to be made of undisputed sums by the Supplier to the Sub-Contractor within a specified period not exceeding 30 days from the receipt of a valid invoice, as defined by the Sub-Contract requirements.
Where the Supplier enters into a Sub contract in respect of any of its obligations under this Contract relating to the provision of the Services, the Supplier shall include provisions in each such Sub-contract, unless otherwise agreed with the Authority in writing, which:
28.4.1 contain at least equivalent obligations as set out in this Contract in relation to the performance of the Services to the extent relevant to such Sub- contracting;
28.4.2 contain at least equivalent obligations as set out in this Contract in respect of confidentiality, information security, data protection, Intellectual Property Rights, compliance with Law, Guidance, and Good Industry Practice, and record keeping;
28.4.3 contain a prohibition on the Sub-contractor Sub-contracting, assigning or novating any of its rights or obligations under such Sub-contract without the prior written approval of the Authority (such approval not to be unreasonably withheld or delayed);
28.4.4 contain a right for the Authority to take an assignment or novation of the Sub- contract (or part of it) upon expiry or earlier termination of this Contract;
28.4.5 requires the Supplier or other party receiving services under the contract to consider and verify invoices under that contract in a timely fashion;
28.4.6 provides that if the Supplier or other party fails to consider and verify an invoice in accordance with Clause 28.4.5 of this Schedule 2, the invoice shall be regarded as valid and undisputed for the purpose of Clause Error! Reference source not found. of this Schedule 2 after a reasonable time has passed;
28.4.7 requires the Supplier or other party to pay any sum due to be paid in respect of a valid and undisputed invoice before the end of the period of thirty (30) days beginning with:
28.4.7.1 the day on which the invoice is received by the Supplier in respect of the sum; or
28.4.7.2 if later, the day on which the payment falls due in accordance with the invoice.
28.4.8 permitting the Supplier to terminate, or procure the termination of, the relevant Sub-contract in the event the Sub-contractor fails to comply in the performance of its Sub-contract with legal obligations in the fields of environmental, social or labour Law where the Supplier is required to replace such Sub-contractor in accordance with Clause 15.7.3 of this Schedule 2;
28.4.9 permit the Supplier to terminate, or to procure the termination of, the relevant Sub-contract where the Supplier replaces such Sub-contractor in accordance with Clause 15.9 of this Schedule 2;...
Where the Supplier enters into a Sub. Contract, the Supplier shall include in that Sub-Contract:
7.9.1 provisions having the same effect as clause 7.7 and clause 7.8.2 of this Agreement; and
7.9.2 a provision requiring the counterparty to that Sub-Contract to include in any subcontract which it awards provisions having the same effect as clause 7.7, clause 7.8.2 and clause 7.9 of this Agreement.