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ARTICLE 5 SUBCONTRACTORS
<br />§ 5.1 Definitions
<br />§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
<br />Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number
<br />and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not
<br />include a Separate Contractor or the subcontractors of a Separate Contractor.
<br />§ 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform
<br />a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if
<br />singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor.
<br />§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work
<br />§ 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the
<br />Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the
<br />Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of
<br />receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has
<br />reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the
<br />Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.
<br />§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
<br />reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor
<br />has made reasonable objection.
<br />§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the
<br />Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
<br />rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be
<br />increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be
<br />issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or
<br />Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in
<br />submitting names as required.
<br />§ 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner
<br />or Architect makes reasonable objection to such substitution.
<br />§ 5.3 Subcontractual Relations
<br />By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be
<br />performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume
<br />toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the
<br />Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect.
<br />Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract
<br />Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not
<br />prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract
<br />agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract
<br />Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into
<br />similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor,
<br />prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will
<br />be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the
<br />proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly
<br />make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors.
<br />§ 5.4 Contingent Assignment of Subcontracts
<br />§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that
<br />.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
<br />Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
<br />Subcontractor and Contractor; and
<br />.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
<br />Contract.
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