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§ 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 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 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 />§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations
<br />on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes
<br />each separate Owner -Contractor Agreement.
<br />§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate
<br />contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
<br />other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The
<br />Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual
<br />agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate
<br />contractors and the Owner until subsequently revised.
<br />§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
<br />related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations
<br />and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without
<br />excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
<br />§ 6.2 MUTUAL RESPONSIBILITY
<br />§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
<br />storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
<br />Contractor's construction and operations with theirs as required by the Contract Documents.
<br />tnet. A1A Document A201 TO —1997. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
<br />institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23
<br />reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
<br />maximum extent possible under the law. This document was produced by AIA software at 14:41:00 on 12/10/2008 under Order No.1000375455_1 which
<br />expires on 10120/2009, and is not for resale.
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