Common use of Performance of the Work Clause in Contracts

Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (a) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Documents, (b) to furnish all materials within the time specified herein, with all necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder. (c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Documents. (d) The installation of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and to its approval. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work shall rest with Subcontractor.

Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (ai) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Contract Documents, (bii) to furnish all materials within the time specified herein, with all the necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Contract Documents and to the satisfaction of the Owner, Architect Architect, and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (diii) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder.any (cb) Subcontractor shall prepare, and obtain approval as required by the Subcontract Contract Documents for, for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Contract Documents. (dc) The installation By commencement of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and Work hereunder, Subcontractor acknowledges that all related, adjacent or dependent work, services, utilities or materials are acceptable to its approvalit. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work Work shall rest with Subcontractor. Unless prior damage is reported in writing by Subcontractor to Contractor, Subcontractor hereby waives any and all claims for damages or extras with respect to defects in or failure of such work, services, utilities or materials. (d) Subcontractor agrees to perform all work exclusively at the direction of Contractor. Any work performed or action taken as a result of direction by or contact with Owner, Architect or anyone other than Contractor, shall be deemed a material breach of contract, and shall have been performed at Subcontractors own risk, and without obligation by Contractor to pay for such work. Any work performed as a result of direction by or contact with anyone other than Contractor shall be considered work performed outside of the scope of this Agreement. (e) Subcontractor agrees to attend all meetings, upon twenty-four (24) hours’ notice, written or oral, called by Contractor concerning the Project. Should Subcontractor fail to attend such meetings, Contractor, in its sole discretion, may terminate this Subcontract, and Contractor shall have all the rights or remedies provided at law or in equity, including those specified in Paragraph 19. (f) Subcontractor assumes full responsibility for the proper interpretation and interpolation of all lines, levels and measurements and their relation to bench marks, property lines, reference lines and the work of Contractor or other subcontractors. In all cases where dimensions are governed by conditions already established, the responsibility for correct knowledge of the conditions shall rest entirely on Subcontractor. No variations from specified lines or grades or dimensions shall be made except on written authority of Contractor. All portions of the Work shall be made to conform to actual, final conditions as they develop in the course of construction. (g) Subcontractor shall keep and maintain Daily Job Reports which show, at a minimum, the date, names of Subcontractor employees working on the Project, the number of hours worked by each employee, the location of work, a description of the particular scope of work being performed, and any delays or obstructions affecting the ability of Subcontractor to timely perform. Subcontractor shall produce these Daily Job Reports to Contractor upon request. Subcontractor’s compliance with this provision of the Subcontract and Contractor’s review of any Daily Job Reports do not in any way substitute for any requirement Subcontractor has under the Subcontract to submit written claims for additional time, additional compensation, or any other provision for which notice is required. Simply stated, a Daily Job Report is not a claim nor notice of a claim, and shall not be treated as such.

Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (ai) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Contract Documents, (bii) to furnish all materials within the time specified herein, with all the necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Contract Documents and to the satisfaction of the Owner, Architect Architect, and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (diii) to remove and replace any defective materials or work forthwith on notice from Architect Architect, Owner or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (eiv) to perform the work entirely at the Subcontractor’s risk, (fv) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (gvi) to secure and pay for those permits required by the Subcontract Contract Documents and to be secured for the work applicable to this Subcontract, and (hvii) to provide a full- full-time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder. (cb) Subcontractor shall prepare, and obtain approval as required by the Subcontract Contract Documents for, for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Contract Documents. (dc) The installation By commencement of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and Work hereunder, Subcontractor acknowledges that all related, adjacent or dependent work, services, utilities or materials are acceptable to its approvalit. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work Work shall rest with Subcontractor. Unless prior damage is reported in writing by Subcontractor to Contractor, Subcontractor hereby waives any and all claims for damages or extras with respect to defects in or failure of such work, services, utilities or materials. (d) Subcontractor agrees to perform all work exclusively at the direction of Contractor. Any work performed or action taken as a result of direction by or contact with Owner, Architect or anyone other than Contractor, shall be deemed a material breach of contract, and shall have been performed at Subcontractors own risk, and without obligation by Contractor to pay for such work. Any work performed as a result of direction by or contact with anyone other than Contractor shall be considered work performed outside of the scope of this Agreement. (e) Subcontractor agrees to attend all meetings, upon twenty-four (24) hours’ notice, written or oral, called by Contractor concerning the Project. Should Subcontractor fail to attend such meetings, Contractor, in its sole discretion, may terminate this Subcontract, and Contractor shall have all the rights or remedies provided at law or in equity, including those specified in Paragraph 19. (f) Subcontractor assumes full responsibility for the proper interpretation and interpolation of all lines, levels and measurements and their relation to bench marksbenchmarks, property lines, reference lines and the work of Contractor or other subcontractors. In all cases where dimensions are governed by conditions already established, the responsibility for correct knowledge of the conditions shall rest entirely on Subcontractor. No variations from specified lines or grades or dimensions shall be made except on written authority of Contractor. All portions of the Work shall be made to conform to actual, final conditions as they develop in the course of construction. (g) Subcontractor shall keep and maintain Daily Job Reports which show, at a minimum, the date, names of Subcontractor employees working on the Project, theProject, the number of hours worked by each employee, the location of work, a description of the particular scope of work being performed, and any delays or obstructions affecting the ability of Subcontractor to timely perform. Subcontractor shall produce these Daily Job Reports to Contractor upon request. Subcontractor’s compliance with this provision of the Subcontract and Contractor’s review of any Daily Job Reports do not in any way substitute for any requirement Subcontractor has under the Subcontract to submit written claims for additional time, additional compensation, or any other provision for which notice is required. Simply stated, a Daily Job Report is not a claim nor notice of a claim, andclaim and shall not be treated as such.

Performance of the Work. (a) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage and other facilities, permits, and all other items and services necessary for the proper and complete performance and acceptance of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (a1) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract Documents, (b2) to furnish all materials within the time specified herein, with all necessary certificates and permits for installation and erection of same, and to layout, install and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c3) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d4) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e5) to perform the work entirely at Subcontractor’s risk, (f6) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g7) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) 8) to provide a full- full-time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder. (c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Documents. (d) The installation of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and to its approval. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work shall rest with Subcontractor. (e) Subcontractor shall, on an annual basis on a date to be determined by Contractor, provide information as required to comply with Contractor’s prequalification program. Subcontractor’s failure to provide the required information will be addressed as set forth in Paragraph 16 of this Agreement.

Performance of the Work. [With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement,] StadCo shall not do or permit others to do any Project Improvements Work unless and until (ai) The “Subcontract Work” or “Work” includes all labor, services, materials, freight, packaging, supplies, hardware, fasteners, fixtures, tools, layout, engineering, value engineering, detailing, equipment, scaffolds, hoisting, administration, supervision, transportation, warehousing, storage StadCo shall have first procured and other facilities, paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition, or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption, or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other items site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and services necessary for the proper and complete performance and acceptance opening of the work and obligations set forth in the Subcontract Documents for a Project. (b) Subcontractor agrees (a) that materials and equipment furnished by Subcontractor shall conform strictly to the subcontract DocumentsProject Improvements. Dust, (b) to furnish all materials within the time specified hereinnoise, with all necessary certificates and permits for installation and erection of sametraffic, hazards, and to layout, install other effects of such work shall be controlled in such manner as a Reasonable and erect same and complete said work within the time specified, according to the Subcontract Documents and to the satisfaction of Owner, Architect and Contractor, (c) to furnish all scaffold and equipment (including equipment for hoisting) that may be necessary to do its work expeditiously and to provide traffic and safety controls at all times while using such equipment on the job site, (d) to remove and replace any defective materials or work forthwith on notice from Architect or Contractor and to bear the expense of making good all work of others, including the Contractor, which is destroyed or damaged by such removal and replacement, (e) to perform the work entirely at Subcontractor’s risk, (f) to provide all proper and sufficient and necessary safeguards against all injuries and damage whatsoever, and to comply with all safety requirements imposed by law, (g) to secure and pay for those permits required by the Subcontract Documents to be secured for the work applicable to this Subcontract, (h) to provide a full- time competent superintendent acceptable to Contractor who shall have authority to act on behalf of Subcontractor and who shall attend all meetings as requested by Contractor and who shall supervise the work hereunder. (c) Subcontractor shall prepare, and obtain approval as required by the Subcontract Documents for, all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work all Prudent Developer would undertake in conformance with Contractor’s progress schedule. Subcontractor shall submit a schedule of values for approval at the commencement light of the work. Approval of shop drawings, submittals, details and samples by Contractor shall not relieve Subcontractor of its obligation to perform its work according to the terms and consistent with the intent of the Subcontract Documentsparticular circumstances. (d) The installation of the Subcontractor’s work will be considered evidence of its acceptance of the conditions as being correct and to its approval. The entire responsibility for proper configurations and dimensions for prefabrications of any part of the work shall rest with Subcontractor.