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§ 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 />Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the 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 the names 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 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 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 promptly and responsively
<br />in submitting names 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 />§ 5.3 SUBCONTRACTUAL RELATIONS
<br />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 that 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 that 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 />When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and
<br />obligations under the subcontract.
<br />AIA Document A2011-2007. Copyright@ 1911 1915, 1918, 1925 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976 1987, 1997 and 2007 by The American
<br />Init. Institute of Architects. All rights reserved. IIo A eiic,reriliutiiitr,r:rfAr.rul r;;:,' AIA the AIAlolo A201 ndAlAx;cwtiactI),.r,:uiIclits sic;Iq stoiodfi doiIialk
<br />,ri ir:i ircry u�t I�+r�a i.a^,rar i rrnf fir:rt it I�+cn me,�„rei r�i, This document was created on 02/08/2022 15:28:46 under the terms of AIA Documents on Demand® Order 9
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