Common use of EXECUTION OF THE WORKS Clause in Contracts

EXECUTION OF THE WORKS. 3.1 This Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the Works shown upon and described in the Contract Documents and specifically in accordance with the options and finishing schedules annexed hereto as annexure “F” and annexure “G” respectively. 3.2 The Contractor shall be entitled to vary the works for any reason considered reasonably necessary by the Architect, but so that the Employer’s right will not be materially prejudiced or affected thereby. 3.3 The Contractor shall have the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto. 3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision. 3.5 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association.. 3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements in order to complete the abovementioned dwelling. All such materials shall be chosen in the absolute discretion of the Contractor who shall also determine the quality thereof. 3.11 Neither the Employer nor any person on his behalf shall have the right to issue instructions to, or interfere with, hinder or obstruct any of the Contractor’s workmen, any subcontractors employed on the Works or other persons employed by or acting on behalf of the Contractor. 3.12 The Contractor shall at all times be entitled to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessary.

EXECUTION OF THE WORKS. 3.1 This Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the Works shown upon and described in the Contract Documents and specifically in accordance with the options and finishing schedules annexed hereto as annexure annexures “F” and annexure “G” respectively. 3.2 The Contractor shall be entitled to vary the works for any reason considered reasonably necessary by the Architect, but so that the Employer’s right will not be materially prejudiced or affected thereby. 3.3 The Contractor shall have the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto. 3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision. 3.5 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association.. 3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, interior and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements in order to complete the abovementioned dwelling. All such materials shall be chosen in the absolute discretion of the Contractor who shall also determine the quality thereof. 3.11 Neither the Employer nor any person on his behalf shall have the right to issue instructions to, or interfere with, hinder or obstruct any of the Contractor’s workmen, any subcontractors employed on the Works or other persons employed by or acting on behalf of the Contractor. 3.12 The Contractor shall at all times be entitled to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessary.

EXECUTION OF THE WORKS. 3.1 This Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the 7.1 The Works shown upon and described must be executed as specified in the Contract Documents Documents. The Subcontractor works as a qualified specialist on its own responsibility and specifically must erect its site installations (including its site shed) at the locations explicitly indicated by the Main Contractor. 7.2 The Main Contractor can at all times order the suspension or renewed execution of non-conforming Works (including fabrication and/or production activities) and refuse all Works, equipment and/or materials that do not show the pre-set quality or that in accordance any other way do not correspond with the options content of the Contract Documents. The Main Contractor and finishing schedules annexed hereto as annexure “F” the Client are at all times entitled 7.3 During the execution of its Works and annexure “G” respectively. 3.2 upon any intervention from the part of the Subcontractor, the latter is responsible for the cleanliness and neatness of its part of the Site. The Subcontractor will clear and clean up its part of the Site on a daily basis. The Subcontractor will clean up its share of the Site (including the site shed and facilities assigned to the Subcontractor) on a daily basis (unless the Subcontractor actually contributes to the costs of the Main Contractor shall to carry out the corresponding cleaning works). At the end of its Works, the Subcontractor will clear and clean up its part of the Site entirely. If after a formal notice the Subcontractor does not proceed within the set term with clearing up the waste, debris, rubble, packaging, etc. and with cleaning up its part of the Site, the Main Contractor will be entitled to vary do it itself or have it done by a third party, at the works cost and risk of the Subcontractor and without requiring prior permission from court to do so. 7.4 The Subcontractor undertakes to provide the Main Contractor during the execution of the Works in a timely manner with all documents (among others calculations, technical datasheets, material specifications, inspection certificates, quality plans and detailed plans, certificates, as- built documents, documents for any reason considered reasonably EPB-calculations...) that the Main Contractor needs to comply with the obligations imposed by the Client, permits and/or applicable laws and regulations. 7.5 At the request of the Main Contractor, the Subcontractor will attend the site meetings and all other meetings deemed necessary by the Architect, but so that Main Contractor. The report or minutes of meetings have the Employer’s right will not be materially prejudiced or affected therebysame evidential value vis-à-vis the Subcontractor as a registered letter. 3.3 7.6 The Contractor shall have Subcontractor delegates a representative who masters the right in its sole discretion to determine the lay-out language of the buildings Agreement and has adequate technical expertise as indicated well as the authority to commit the Subcontractor and who consults with the Main Contractor on the Drawings, or make changes in execution method and gives the area necessary instructions to the Subcontractor’s on-site employees and sub-subcontractors. The Subcontractor communicates the identity of this representative to the Main Contractor prior to the start of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto. 3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision. 3.5 Works. The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association.. 3.6 The Main Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements in order to complete the abovementioned dwelling. All such materials shall be chosen in the absolute discretion of the Contractor who shall also determine the quality thereof. 3.11 Neither the Employer nor any person on his behalf shall have reserves the right to issue instructions tohave the representative replaced for good reason. 7.7 Unless explicitly agreed upon otherwise, or interfere with, hinder or obstruct any the Subcontractor is not allowed to use forbidden tools and/or equipment belonging to the Main Contractor. The Main Contractor may invoice every use of its tools and/or equipment to the Subcontractor. 7.8 Up to the provisional acceptance of the Contractor’s workmenWorks, any subcontractors employed on the Works or other persons employed by or acting on behalf Subcontractor is responsible for the surveillance, maintenance and cleaning up of its own Works. The Subcontractor must take all useful and/or necessary measures for the protection, conservation and integrity of the ContractorWorks. The Main Contractor is not responsible for any damage to and/or theft of works, materials and/or equipment of the Subcontractor. 3.12 The Contractor shall at all times be entitled to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessary.

EXECUTION OF THE WORKS. 3.1 This Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the 7.1 The Works shown upon and described must be executed as specified in the Contract Documents Documents. The Subcontractor works as a qualified specialist on its own responsibility and specifically must erect its site installations (including its site shed) at the locations explicitly indicated by the Main Contractor. 7.2 The Main Contractor can at all times order the suspension or renewed execution of non-conforming Works (including fabrication and/or production activities) and refuse all Works, equipment and/or materials that do not show the pre-set quality or that in accordance any other way do not correspond with the options content of the Contract Documents. The Main Contractor and finishing schedules annexed hereto the Client are at all times entitled – in the warehouses or workshops of the Subcontractor or its supplier or sub-subcontractor (for which the Subcontractor warrants performance and is fully responsible), on the Site or at any other useful location – to inspect the Works that are being executed as annexure “F” well as the raw materials, products that are being made and annexure “G” respectivelyfinished products and all materials or equipment used or useful for the execution of the Works, and to retrieve all useful information in this regard and – as the case may be – ask for demonstrations of their operation, samples, models or types. The related costs are at the expense of the Subcontractor. 3.2 7.3 During the execution of its Works and upon any intervention from the part of the Subcontractor, the latter is responsible for the cleanliness and neatness of its part of the Site. The Subcontractor will clear and clean up its part of the Site on a daily basis, and (including the site shed and facilities assigned to the Subcontractor) on a daily basis (unless the Subcontractor actually contributes to the costs of the Main Contractor shall to carry out the corresponding cleaning works). At the end of its Works, the Subcontractor will clear and clean up its part of the Site entirely. If after a formal notice the Subcontractor does not proceed within the set term with collecting and removing the waste, debris, rubble, packaging, etc. and with cleaning up its part of the Site, the Main Contractor will be entitled to vary do it itself or have it done by a third party, at the works cost and risk of the Subcontractor and without requiring prior permission from court to do so at the hourly rate of fifty-five euros (€ 55). 7.4 The Subcontractor undertakes to provide the Main Contractor during the execution of the Works in a timely manner with all documents (a/o calculations, technical datasheets, material specifications, inspection certificates, quality plans and detailed plans, certificates, as-built documents, documents for any reason considered reasonably EPB- calculations...) that the Main Contractor needs to comply with the obligations imposed by the Client, permits and/or applicable laws and regulations. 7.5 At the request of the Main Contractor, the Subcontractor will attend the site meetings and all other meetings deemed necessary by the ArchitectMain Contractor. The report or minutes of meetings have the same evidential value vis-à-vis the Subcontractor as a registered letter. 7.6 The Subcontractor delegates a representative who masters the language of the Agreement and has adequate technical expertise as well as the authority to commit the Subcontractor and who consults with the Main Contractor on the execution method and gives the necessary instructions to the Subcontractor’s on-site employees and sub-subcontractors. For this purpose, but so the Subcontractor will make sure that the Employer’s right will not be materially prejudiced or affected thereby. 3.3 The Contractor shall have representative also masters the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto. 3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision. 3.5 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association.. 3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements languages in order to complete communicate with appointees and sub-subcontractors, and to give the abovementioned dwellingnecessary instructions. All such materials shall If the applicable language under the Main Contract differs from the applicable language under this Agreement, then, if necessary, the representative will also be chosen able to express itself in the absolute discretion language of the Main Contract. The Subcontractor communicates the identity of this representative to the Main Contractor who shall also determine prior to the quality thereof. 3.11 Neither start of the Employer nor any person Works. The Subcontractor’s representative will be present at all times on his behalf shall have the Site during the implementation of this Agreement. The Main Contractor reserves the right to issue instructions tohave the representative replaced for good reason. 7.7 Unless explicitly agreed upon otherwise, or interfere with, hinder or obstruct any the Subcontractor is not allowed to use forbidden tools and/or equipment belonging to the Main Contractor. The Main Contractor may invoice every use of its tools and/or equipment to the Subcontractor. 7.8 Up to the provisional acceptance of the Contractor’s workmenWorks, any subcontractors employed on the Works or other persons employed by or acting on behalf Subcontractor is responsible for the surveillance, maintenance and cleaning up of its own Works. The Subcontractor must take all useful and/or necessary measures for the protection, conservation and integrity of the ContractorWorks. The Main Contractor is not responsible for any damage to and/or theft of works, materials and/or equipment of the Subcontractor. 3.12 The Contractor shall at all times be entitled to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessary.

EXECUTION OF THE WORKS. 3.1 This (a) The Contractor shall, to the reasonable satisfaction of the Employer, execute shall carry out and complete the Works shown upon and described in provide everything necessary for the Contract Documents and specifically proper execution of the Works in accordance with the options Contract, Industry Good Practice and finishing schedules annexed hereto the relevant statutes and regulations, save as annexure “F” excepted by the unforeseen presence of Hazardous Materials, Asbestos Containing Materials and annexure “G” respectivelyprohibition on access to the Site. 3.2 (b) The Employer retains responsibility for: (i) the Site being and remaining available and accessible to the Contractor for the duration of the Works (ii) the obtaining and paying for all necessary consents or accesses required for the Works (c) The Employer shall to the best of his knowledge notify the Contractor of all Public Service Installations and other installations upon, under, adjacent or subjacent to the Site and the location thereof. The safety of all such installations if accurately and completely notified shall be the responsibility of the Contractor. Damage to any Public Service Installation and other installations not so notified by the Employer occurring in the execution of the Works and not attributable to negligence of the Contractor shall be at the risk of the Employer who shall indemnify the Contractor against all claims in respect thereof. (d) The Contractor shall be entitled to vary add to the works for any reason considered reasonably necessary by the Architect, but so that the Employer’s right will not be materially prejudiced or affected thereby. 3.3 The Contractor shall have the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) Contract Sum and recover from the estimated area as reflected in Employer the Annexures hereto. 3.4 If a dispute arises between cost of meeting the parties reasonable requirements of Statutory Undertakers as to the design execution or standard recovery of finishes then the Architect acting as an expert shall in his absolute discretion determine whether cost of Works affected thereby. Including the protection and storage pending removal of equipment of theirs on the Site, the proper sealing off, diversions or not there has been substantial compliance and severance upon or outside the parties will be bound by Site of installations, services passing over under or through the Site. PROVIDED that no such decision. 3.5 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor additional cost shall be on sitemade hereunder for work expressly included in the Works, or without the consent of the contractor and Owners Association.. 3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time for expenses provided for under Clause 9 which have been paid by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements in order to complete the abovementioned dwelling. All such materials shall be chosen in the absolute discretion of the Contractor who shall also determine the quality thereof. 3.11 Neither the Employer nor any person on his behalf shall have the right to issue instructions to, or interfere with, hinder or obstruct any of the Contractor’s workmen, any subcontractors employed on the Works or other persons employed by or acting on behalf of the Contractor. 3.12 The Contractor shall at all times be entitled to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessary.

EXECUTION OF THE WORKS. 3.1 This 6.1 The Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the Works shown upon and described in the Contract Documents contract documents and specifically in accordance with shall provide everything necessary for the options and finishing schedules annexed hereto as annexure “F” and annexure “G” respectivelyproper execution of the Works. 3.2 6.2 Possession of the site shall be given to the Contractor on the date recorded in the Schedule who shall thereupon within a reasonable time begin the Works and regularly and diligently proceed with and bring the Works to practical completion by the date recorded in the Schedule subject to any extension of time granted by the Employer in terms of 8.2 hereof and subject to the provision that the Contractor shall not be obliged, but in the Contractor's discretion entitled to begin Works until: 6.2.1 the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained ; 6.2.2 the boundary pegs of the property are located and pointed out to the Contractor, 6.2.3 the mortgage bond, where applicable, has been granted and registered; 6.2.4 the contract sum has been secured to the Contractor's satisfaction. 6.3 The Contractor shall be entitled to vary at all reasonable times keep upon the works for any reason considered reasonably necessary by the Architect, but so that the Employer’s right will not be materially prejudiced or affected therebyWorks a competent person in charge. 3.3 The Contractor shall have the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto. 3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision. 3.5 6.4 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association.. 3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion. 3.7 The Employer has the option of a choice between the building plans presented by the Contractor in respect of the erf. 3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior, and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding. 3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irrevocably and in rem suam as a Power of Attorney in favour of the Contractor who shall have the power to sign the building plans and any application required to the Local Authority to obtain the approval thereof on behalf of the Employer. 3.10 The Contractor shall be obliged to furnish all materials, equipment and other requirements in order to complete the abovementioned dwelling. All such materials shall be chosen in the absolute discretion of the Contractor who shall also determine the quality thereof. 3.11 Neither the Employer nor any person on his behalf shall have the right to issue instructions to, or interfere with, hinder or obstruct any of the Contractor’s workmen, any subcontractors employed on the Works 's workmen or other persons employed by or acting on behalf of the Contractor. 3.12 6.5 The employer shall provide the Contractor with his selection of all materials/finishes in writing within 14 days of being requested to do so by the Contractor in writing. Any delay caused to the Works as a result of the Employer failing to provide his said selection of materials/finishes within the time specified above, shall operate as an extension of time for completion within the meaning of 8.0 hereof and any difference in price relating to said selection of materials/finishes shall be for the account of the Employer which he shall settle in full at the same time that he settles the next payment due to the Contractor as per the Progress Payment Schedule attached marked "Annexure 3" 6.6 Where the work involves demolition and/or alterations to existing premises then, unless specifically agreed, any materials or goods which are to be demolished or removed from the existing premises and which are not designated for re-use shall become the property of the Contractor. 6.7 If materials mentioned in the Schedule of Finishes is not easily available or where the architect specifies other materials, the Contractor shall at all times be entitled entitled, but not obliged, to appoint such sub-contractors as it, in its sole and exclusive discretion may deem necessaryuse similar materials or those materials specified by the Design.