Common use of Major Subcontracts Clause in Contracts

Major Subcontracts. Appended to this Agreement as Exhibit 3.2 is a list of approved Subcontractors. In the event that Contractor is considering the selection of a Subcontractor not listed in Exhibit 3.2 for a Major Subcontract, Contractor shall (i) notify Owner of the proposed Major Subcontractor(s) at the earliest practical point in its selection process and furnish to Owner all information reasonably requested by Owner with respect to Contractor’s selection criteria (including copies of bid packages furnished to prospective Major Subcontractors and the qualifications of proposed Major Subcontractors) and (ii) notify Owner no less than ten (10) Business Days prior to the proposed date of execution of a Major Subcontract. Owner shall have the right to reject for good cause any proposed Major Subcontractor; provided, that such good caused is based on and limited to the technical capacity, performance history or financial condition of such prospective Major Subcontractor. Contractor shall not enter into any Major Subcontract with a proposed Major Subcontractor rejected by Owner. Owner shall undertake in good faith to review the information provided by Contractor expeditiously and shall notify Contractor of any such rejection as soon as practicable after such decision is made. If at the end of the ten (10) Business Days after receipt of such information by Owner, Contractor has not received notice of Owner’s rejection of the proposed Major Subcontractor, Contractor shall have the right to execute such agreement with the proposed Major Subcontractor and such Major Subcontractor shall be deemed added to the list of approved Subcontractors in Exhibit 3.2. Owner’s approval not to be unreasonably withheld.

Major Subcontracts. Appended to this Agreement Agreement, as Exhibit 3.2 I, is a list of approved Subcontractors. In the event that Contractor is considering the selection of a Subcontractor not listed in Exhibit 3.2 I for a Major Subcontract, Contractor shall shall: (i) notify Owner of the proposed Major Subcontractor(s) Subcontractor at the earliest practical point in its selection process and furnish to Owner all information reasonably requested by Owner with respect to Contractor’s selection criteria (including copies of bid packages furnished to prospective Major Subcontractors and the qualifications of proposed Major Subcontractors) ; and (ii) notify Owner no less than ten fifteen (1015) Business Days prior to the proposed date of execution of a Major Subcontract. Owner shall have the right to reject for good cause any proposed Major Subcontractor; provided, that such good caused is based on Subcontractor and limited to the technical capacity, performance history or financial condition of such prospective Major Subcontractor. Contractor shall not enter into any Major Subcontract with a proposed Major Subcontractor rejected by Owner. Owner shall undertake in good faith to review the information provided by Contractor expeditiously and shall notify Contractor of any such rejection as soon as practicable after such decision is made. If at the end of the ten fifteen (1015) Business Days after receipt of such information by Owner, Contractor has not received notice of Owner’s rejection of the proposed Major Subcontractor, Contractor shall have the right to execute such agreement with the proposed Major Subcontractor Subcontractor, and such Major Subcontractor shall be deemed added to the list of approved Subcontractors in Exhibit 3.2I. Approval (or deemed approval) of any Major Subcontractor under this paragraph shall only be for the portion of the Work so approved. Owner’s approval not Contractor hereby acknowledges and agrees that the review and/or acceptance of any Subcontract by Owner and the acceptance of the approved Major Subcontractors shall not: (i) modify, in any way, the obligations of Contractor pursuant to this Agreement; or (ii) be unreasonably withheldraised as a claim or as a defense or counterclaim to any claim in connection with this Agreement.