Common use of AWARD OF SUBCONTRACTS AND OTHER CONTRACTS Clause in Contracts

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.1.1 Prior to executing any subcontracts for the performance of all or any portion of the Work, Contractor shall furnish in writing to the Project Manager the names of all subcontractors that Contractor proposes for each portion of the Work, including without limitation, identification of all portions of the Work for which Contractor proposes to self-perform, either directly or through a subcontractor that is owned or managed, in whole or in part, by any manager or owner of Contractor (hereafter “Self-Performed” work). The Project Manager may direct that additional subcontractors be proposed or additional portions of the Work be subcontracted if in the Project Manager’s reasonable judgment a proposed subcontractor is not sufficiently experienced or competent to perform such portions of the Work. 5.1.2 No work shall be Self-Performed without Owner’s prior written consent, which consent may be withheld in Owner’s sole and absolute discretion. Further, Contractor shall provide all information requested by the Project Manager in order to determine whether Contractor is qualified to self-perform any proposed portion of the work and whether self-performance represents the best value to Owner. 5.1.3 Within a reasonable time, not less than fourteen (14) days, after the Project Manager’s receipt of Contractor’s list of proposed subcontractors, Owner will identify any proposed subcontractors with whom the Owner or Architect have a reasonable objection. Nothing herein shall be deemed to permit Contractor to Self- Perform any portion of the Work without the expressed written consent of the Owner. 5.1.4 In no event will Contractor be entitled to a contract adjustment by virtue of the Owner’s or Architect’s reasonable objection to a proposed subcontractor, or the Owner’s decision, in its sole and absolute discretion, to withhold consent for Contractor to Self-Perform any portion of the Work. 5.1.5 Owner’s decision to exercise or not exercise any rights under this Article 5.1 shall not in any way change or limit Contractor’s full liability and responsibility to Owner for the acts and omissions of all subcontractors (of all tiers).

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORKWORK ------------------------------------------------------------------ 5.1.1 Prior to executing any subcontracts for the performance of all or any portion 5.2.1 The Design/Builder shall promptly following award of the WorkContract, Contractor shall and in all events within five (5) days thereof, furnish in writing to the Project Manager Owner in writing, a list of the names of all subcontractors that Contractor proposes qualified Subcontractors proposed for each portion the Work for review and approval by Owner. Should it become necessary to alter the list of approved Subcontractors, Design/Builder shall submit proposed revisions to the Owner for review and approval. Failure of the WorkOwner to make objection to any qualified Subcontractor so proposed by Design/Builder within a reasonable period of time shall constitute acceptance of such Subcontractor, but only for the limited purpose of permitting Design/Builder to engage such party. 5.2.2 The Design/Builder shall not contract with any Subcontractor or any person or organization (including without limitation, identification of all those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the Work for which Contractor proposes to self-perform, either directly against whom Owner or through a subcontractor that is owned or managed, in whole or in part, by Developer makes any manager or owner of Contractor (hereafter “Self-Performed” work)reasonable objection. The Project Manager may direct that additional subcontractors Design/]Builder will not be proposed required to contract with any Subcontractor or additional portions of the Work be subcontracted if in the Project Manager’s reasonable judgment a proposed subcontractor is not sufficiently experienced person or competent to perform such portions of the Work. 5.1.2 No work shall be Self-Performed without Owner’s prior written consent, which consent may be withheld in Owner’s sole and absolute discretion. Further, Contractor shall provide all information requested by the Project Manager in order to determine whether Contractor is qualified to self-perform any proposed portion of the work and whether self-performance represents the best value to Owner. 5.1.3 Within a reasonable time, not less than fourteen (14) days, after the Project Manager’s receipt of Contractor’s list of proposed subcontractors, Owner will identify any proposed subcontractors with organization against whom the Owner or Architect have he has a reasonable objection. Nothing herein Design/Builder shall furnish copies of all subcontracts entered into in connection with the Work immediately following the execution thereof. 5.2.3 The Design/Builder shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Developer unless the substitution is acceptable to the Owner and Developer. 5.2.4 Prior to entering into a contract with any Subcontractor in connection with the Project, Design/Builder shall submit to Developer for its review Design/Builder's forms of subcontract and purchase order which will be used by Design/Builder. Developer shall promptly review such documents and advise Design/Builder of any modifications thereto required by Owner or Developer. Design/Builder shall not engage any Subcontractor for the Work except by subcontracts or purchase orders which are acceptable to Developer. Not later than one (1) month prior to each Subcontractor's first payment request, the Design/Builder shall submit to the Developer copies of the executed subcontract with all exhibits, a schedule of values to be consented to by Owner, copies of required insurances, and copies of bonds as they may apply. Such information is required by Developer prior to and as a condition precedent to any payment to Design/Builder with respect to such Subcontractor. 5.2.5 Design/Builder shall furnish to Developer monthly with his Application for Payment a correct and current list of all Subcontractors and Sub- subcontractors employed in connection with the Work, containing such information as Developer may reasonably request. All such subcontractors and Sub-subcontractors shall be deemed to permit Contractor to Self- Perform any portion of licensed by the Work without the expressed written consent of the Ownerappropriate authorities. 5.1.4 In no event will Contractor be entitled to a contract adjustment by virtue of the Owner’s or Architect’s reasonable objection to a proposed subcontractor, or the Owner’s decision, in its sole and absolute discretion, to withhold consent for Contractor to Self-Perform any portion of the Work. 5.1.5 Owner’s decision to exercise or not exercise any rights under this Article 5.1 shall not in any way change or limit Contractor’s full liability and responsibility to Owner for the acts and omissions of all subcontractors (of all tiers).