III
<br /> § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
<br /> Architect' response to such requests wi11 be made in writing within any time limits agreed upon or otherwise with
<br /> reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and
<br /> Specifications in response to the requests for information .
<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 Subcontractor to
<br /> perform a portion of the Work at the site. The term " Sub-subcontractor" is referred to throughout the Contract
<br /> I X- 1Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub=
<br /> subcontractor,
<br /> § 51 AWARD 4F 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 the names of
<br /> persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
<br /> 93
<br /> proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in
<br /> writing stating ( 1 ) whether the Owner or the Architect has reasonable objection to any such proposed person or
<br /> entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within
<br /> the 14 day period shall constitute notice of no 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 3 hom the Owner or Architect has no reasonable objection. If the proposed but
<br /> 1 .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 allowedfor such change unless the Contractor has acted promptly and responsively
<br /> in submittingnames as required.
<br /> § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or
<br /> Architect makes reasonable objection to such substitution.
<br /> §
<br /> 5,11SUBCONTRACTUAICRELATIONS
<br /> r3 r
<br /> By appropriate agreement, written where legally required for validity, the Contractor shall require each
<br /> Sir rrSubcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
<br /> ill . 'Err I .rrrr
<br /> terms of the ContractDocuments, and to assume toward the Contractor all the obligations and responsibilities,
<br /> it
<br /> i1 . rtl14 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 agreement that may
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<br /> by The American
<br /> Init.
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