Common use of Subcontracting By Contractor Clause in Contracts

Subcontracting By Contractor. The Contractor may subcontract its obligation to carry out the Project and its obligation to perform the O&M Requirements only to: (a) the respective subcontractors identified in Schedule 17 (Subcontractors); and (b) any additional subcontractors approved in advance by the Province. The Contractor may replace a subcontractor or engage additional subcontractors only with the prior consent of the Province, such consent not to be unreasonably withheld (having regard to the reputation of and the technical, commercial and financial resources available to the proposed subcontractor). For greater certainty, in this Section 22.2, “subcontractors” means parties having a direct contractual relationship with the Contractor, and excludes subcontractors of such parties.

Subcontracting By Contractor. ‌ The Contractor may subcontract its obligation to carry out the Project and its obligation obligations to perform the Existing Facilities O&M Requirements and the O&M only to: (a) the respective subcontractors identified in Schedule 17 (Subcontractors); and (b) any additional subcontractors approved in advance by the Province. The Contractor may replace a subcontractor or engage additional subcontractors only with the prior consent of the Province, such consent not to be unreasonably withheld (having regard to the reputation of and the technical, commercial and financial resources available to the proposed subcontractor). For greater certainty, in this Section 22.2, “subcontractors” means parties having a direct contractual relationship with the Contractor, and excludes subcontractors of such parties.