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<br /> stating whether or not the Owner or the Architect,after due investigation,has reasonable objection to any such
<br /> proposed person or entity.Failure of the Owner or Architect to reply promptly shall constitute notice of no
<br /> reasonable objection.
<br /> §5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
<br /> reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the
<br /> Contractor has made reasonable objection.
<br /> §5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the
<br /> Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but
<br /> rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall
<br /> be increased or decreased by the difference,if any,occasioned by such change, and an appropriate Change Order
<br /> shall be issued before commencement of the substitute Subcontractor's Work.However,no increase in the Contract
<br /> Sum or Contract Time shall be allowed for such change unless the Contractor has acted prompfly and responsively
<br /> in submitting names as required.
<br /> §5.2.4 The Contractor shall not change a Subcontractor,person or entity previously selected if the Owner or
<br /> Architect makes reasonable objection to such substitute.
<br /> §5.3 SUBCONTRACTUAL RELATIONS
<br /> §5.3.1 By appropriate agreement,written where legally required for validity,the Contractor shall require each
<br /> Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by
<br /> terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities,
<br /> including the responsibility for safety of the Subcontractor's Work, which the Contractor,by these Documents,
<br /> assumes toward the Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the
<br /> Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor
<br /> so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically
<br /> provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the
<br /> Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the
<br /> Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The
<br /> Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement,
<br /> copies of the Contract Documents[o which the Subcontractor will be bound,and,upon written request of the
<br /> Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may
<br /> be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
<br /> such documents available to their respective proposed Sub-subcontractors.
<br /> §5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
<br /> §5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided
<br /> that:
<br /> .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
<br /> Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the
<br /> Subcontractor and Contractor in writing; and
<br /> .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the
<br /> Contract.
<br /> §5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's
<br /> compensation shall be equitably adjusted for increases in cost resulting from the suspension.
<br /> ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
<br /> §6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
<br /> §6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
<br /> own forces,and to award separate contracts in connection with other portions of the Project or other construction or
<br /> operations on the site under Conditions of the Contract identical or substantially similar to these including those
<br /> portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is
<br /> involved because of such action by the Owner,the Contractor shall make such Claim as provided in Section 4.3.
<br /> AIA Document A201 TM—1997.Copyright OO 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American I!
<br /> Institute of Architects. All rights reserved. WARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties. 23 �I
<br /> Unauthorized reproduction or distribution of this AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:16:56 on 03/13/2007 under Order ��
<br /> No.UNLICENSED which expires on 11/18/2007,and is not for resale.
<br /> User Notes: (2584627897)
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