Incorporation of Terms in Subcontracts. The Contractor agrees that failure on its part to incorporate in all subcontracts an express provision in accordance with this Article shall be deemed to be and is a breach of an essential covenant, and that, in the event of such breach, that Contractor shall, within five (5) days after demand of the Owner, furnish proof in writing that the deficiency has been remedied and that (1) the Contractor may not maintain that it is beyond the Contractor’s right or ability to require performance of terms of the Contract Documents by a Subcontractor and (2) no Subcontractor may maintain that it has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner.
Appears in 2 contracts
Sources: Contract Agreement, Contract for Rehabilitation of Final Clarifiers