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ther-ein. The f4egoing agfeement to arbitrate and other- agreements to ar-bitfate with an additio... p �w W eff*
<br /> having juFisdietien thereof-.
<br /> § 4.6.5 Clainas and Timely Asseftion of Claims . The paFty filing a notice of demand for- arbitration musrt asseft in the
<br /> demand all Claims then known te that par-�y eft whieh afbitfatien is per-frAtted te be defflan
<br /> § 4.6.6 judgment on Final Award. The awafd fendeFed by the ar-bitfatef or- afbitfater-s shall be final, udgment
<br /> may be entered upon it in aeeer-danee with applieable law in any eauft having jur-isdiation thereof-.
<br /> ARTICLE 5 SUBCONTRACTORS
<br /> §,5.1 DEFINITIONS
<br /> § '5.1 . 1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
<br /> Work at the site. The term " Subcontractor" is referred to throughout the Contract Documents as if singular in
<br /> number and means a Subcontractor or an authorized representative of the Subcontractor. The term " Subcontractor"
<br /> does not include a separate contractor or subcontractors of a separate contractor.
<br /> § 5.1 .2 A Sub-subcontractor 'is a person or entity who has a direct or indirect contract with a Subcontract r to
<br /> perform a portion of the Work at the site. The term " Sub-subcontractor" is referred to throughout the Co tract
<br /> Documents as if singular in number and means a Sub-subcontractor or an authorized representative of t e Sub-
<br /> subcontractor.
<br /> § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
<br /> § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
<br /> practicable after award of the Contract, shall furnish in writing to the Owner through the Architect thenames of
<br /> persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
<br /> proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing
<br /> stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such
<br /> proposed person or entity.
<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 Contract r, 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 ContractTime shall
<br /> be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Chan ge Order
<br /> shall be issued before commencement of the substitute Subcontractor' s Work . However, no increase in tie Contract
<br /> Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly 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 written agreement, written where le.gally Fequired fef validity, the Contractor shall require
<br /> each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor
<br /> by terms of the Contract Documents, and tq 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 to 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 agreementwhich may
<br /> AIA Document A201TM — 1997. Copyright © 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 nd 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties.
<br /> 23
<br /> Unauthorized reproduction or distribution of this AIA* Document, or any portion of It, may result in severe civil and criminal penalties, and will
<br />be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:00:02 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (1205244124)
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