Vendor/Supplier Agreement

RBG ______
4 of 5
Subcontractor ______
22. The obligations of the Vendor/Supplier under the Paragraph 32 shall not extend to the liability of the Architect, his
agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs or specifications or (2) the giving of or the failure to give directions or instructions by the
Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage.
23. The Vendor/Supplier agrees to pay any and all Federal, State, and Local taxes which are, or may be, assessed upon
any materials which he may furnish under this Vendor/Supplier Agreement.
ARTICLE 9. RBG Inc’s Responsibilities
1. RBG shall be bound to the Vendor/Supplier by the terms of this Vendor/Supplier Agreement.
2. RBG shall promptly notify the Vendor/Supplier of all modifications to the project which affect this Vendor/Supplier
Agreement and which were issued or entered into subsequent to the execution of this Vendor/Supplier Agreement.
3. RBG shall permit the Vendor/Supplier to obtain directly from the Architect, if any, evidence of percentages of
completion certified on his account of the Work Segment.
4. Unless otherwise provided in the Contract Documents, if the Architect fails to issue a Certificate for Payment or RBG
does not receive payment for any cause which is not the fault of the Vendor/Supplier, RBG shall pay the
Vendor/Supplier, on demand, a progress payment computed as provided in Article 5 or the final payment as provided
in Article 6.
5. RBG agrees that if it fails to make payments to the Vendor/Supplier as herein provided for any cause not the fault of
the Vendor/Supplier, within seven days from the time payment should be made as provided in Article 5 and Article 6,
the Vendor/Supplier may, upon seven days additional written notice to RBG, stop his Work Segment without prejudice
to any other remedy he may have, unless, within that seven days, RBG shall makes such payments as are due.
6. RBG agrees that no claim for payment for services rendered or materials and equipment furnished by RBG to the
Vendor/Supplier shall be valid without prior notice to the Vendor/Supplier and unless written notice thereof is given by
RBG in advance.
7. RBG shall permit the Vendor/Supplier to be present and to submit evidence in any arbitration proceeding involving the
Vendor/Supplier’s rights.
8. RBG shall permit the Vendor/Supplier to exercise whatever rights RBG may have under the Building Contract in the choice
of arbitrators in any dispute in which the sole cause of the dispute is the Work Segment materials, equipment, rights or
responsibilities of the Vendor/Supplier.
ARTICLE 10. Arbitration
All claims, disputes and other matters in question arising out of or relating to this Vendor/Supplier, or the breach thereof, shall be
decided by arbitration in Chester County in the same manner and under the same procedure as provided in the Contract
Documents with respect to disputes between the Owner and RBG except that a decision by the Architect shall not be a condition
precedent to Arbitration.
ARTICLE 11. Miscellaneous Provisions
1. The parties, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other
party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement.
2. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties.
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