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AIA Document A2 01TM - 2017
<br />General Conditions of the Contract for Construction
<br />Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or
<br />decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before
<br />commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be
<br />allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.
<br />§ 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or
<br />Architect makes reasonable objection to such substitution.
<br />§ 5.3 Subcontractual Relations
<br />By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed
<br />by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the
<br />Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the
<br />Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall
<br />preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be
<br />performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the
<br />Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and
<br />redress against the 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 Contractor shall
<br />make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract
<br />Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
<br />Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract
<br />Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective
<br />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 that
<br />.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2
<br />and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and
<br />Contractor; and
<br />.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the 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 />§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall
<br />be equitably adjusted for increases in cost resulting from the suspension.
<br />§ 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor
<br />contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall
<br />nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract.
<br />ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE C
<br />ONTRACTORS
<br />§ 6.1 Owner's Right to Perform Construction and to Award Separate Contracts
<br />§ 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The
<br />Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with
<br />AIA Document A201" - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
<br />Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result
<br />ev il and criminal penalties, and will be prosecuted to themaximum extent possible under the law, This draft was
<br />produced by1AIA software at 09:02:25 on 05/10/2017 under Order No,.1496524162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (3B9ADA17,
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