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and (2) is caused in whole or in part by any negligent act
<br />or omission of the Contractor, any Subcontractor, anyone
<br />directly or indirectly employed by any of them or anyone
<br />for whose acts any of them may be liable, regardless of
<br />whether or not it is caused in part by a party indemnified
<br />hereunder. Such obligation shall not be construed to ne-
<br />gate, abridge, or otherwise reduce any other right or obli-
<br />gation of indemnity which would otherwise exist as to any
<br />party or person described in this Paragraph 4.18.
<br />4.18.2 In any and all claims against the Owner or the
<br />Architect or any of their agents or employees by any
<br />employee of the Contractor, any Subcontractor, anyone
<br />directly or indirectly employed by any of them or anyone
<br />for whose acts any of them may be liable, the indemnifi-
<br />cation obligation under this Paragraph 4.18 shall not be
<br />limited in any way by any limitation on the amount or
<br />type of damages, compensation or benefits payable by or
<br />for the Contractor or any Subcontractor under workers'
<br />or workmen's compensation acts, disability benefit acts or
<br />other employee benefit acts.
<br />4.18.3 The obligations of the Contractor under this Para-
<br />graph 4.18 shall not extend to the liability of the Archi-
<br />tect, his agents or employees, arising out of (1) the prepa-
<br />ration or approval of maps, drawings, opinions, reports,
<br />surveys, change orders, designs or specifications, or (2)
<br />the giving of or the failure to give directions or instruc-
<br />irons by the Architect, his agents or employees provided
<br />such giving or failure to give is the primary cause of the
<br />injury or damage.
<br />ARTICLE 5
<br />SUBCONTRACTORS
<br />5.1 DEFINITION
<br />5.1,1 A Subcontractor is a person or entity who has a di-
<br />rect contract with the Contractor to periorm any of the
<br />Work at the site. The teria Subcontractor is referred to
<br />throughout the Contract Documents as if singular in num.
<br />ber and masculine in gender and means a Subcontractor
<br />or his authorized representative The term Subcontractor
<br />does not include any separate contractor or his subcon-
<br />tra=tors.
<br />S.1.2 A Sub -subcontractor is a person or entity who has a
<br />direct or indirect contract with a Subcontractor to per^
<br />form any of the Work at the site, The term Sub -subcon-
<br />tractor is referred to throughout the Civmlract Documents
<br />ar if singular in number and masculine in gender and
<br />means a Sub -subcontractor or an authorized representa-
<br />tive thereof,
<br />5,2 AWARD OF SUBCONTRACTS AND OTTER
<br />CONTRACTS FOR FORTIONS Of THE WORX
<br />S.2.1 unless otherwise required by the Contract Docu•
<br />ments or the Bidding Documents. the Contractor, as soon
<br />as practicable after the award of the Contract, shall fur-
<br />nish to the Owner and the Architect in writing the names
<br />of the persons or entitles (including those who are to fur-
<br />nish materials or equipment fabricated to a special design)
<br />proposed for each of the principal portions of the Work,
<br />The Architect will promptly reply to the Contractor in
<br />writing stating whether or not the Owner or the Architect,
<br />after due investigation, has reasonable objection to any
<br />such proposed person or entity. Failure of the Owner or
<br />Architect to reply promptly shall constitute notice of no
<br />reasonable objection.
<br />5.2.2 The Contractor shall not contract with any such
<br />proposed person or entity to whom the Owner or the
<br />Architect has made reasonable objection under the provi-
<br />sions of Subparagraph 5.2.1. The Contractor shall not be
<br />required to contract with anyone to whom he has a rea-
<br />sonable objection.
<br />5.2.3 If the Owner or the Architect has reasonable objec-
<br />tion to any such proposed person or entity, the Contrac-
<br />tor sham submit a substitute to whom the Owner or the
<br />Architect has no reasonable objection, and the Contract
<br />Sum shall be increased or decreased by the difference in
<br />cost occasioned by such substitution and an appropriate
<br />Change Order shall be issued; however, no increase in
<br />the Contract Sum shall be allowed for any such substitu-
<br />tion unless the Contractor has acted promptly and re-
<br />sponsively in submitting names as required by Subpara-
<br />graph S.2.1.
<br />5.2.4 The Contractor shall make no substitution for any
<br />Subcontractor, person or entity previously selected if the
<br />Owner or Architect makes reasonable objection to such
<br />substitution.
<br />S-3 SUBCONTRACTUAL RELATIONS
<br />5.3.1 By an appropriate agreement, written where legally
<br />required for validity. the Contractor shall require each
<br />Suocontractor, 10 the extent of the Work to be per-
<br />formed by the Subcontractot, to be bound to the Con-
<br />tractor by the terms of the Contract Documents, and to as-
<br />sume toward the Contractor all the obligations and re-
<br />sponsibilities which the Contractor, by these Documents,
<br />assumes toward the Owner and the Architect, Said agree-
<br />ment steal! preserve and protect the right$ of the Owner
<br />and the Architect under the Contract Documents with re-
<br />spect to the Work to be performed by the Subcontractor
<br />so that the subcontracting thereof will not prejudice such
<br />rights, and shall allow to the Subcontractor, unless specify
<br />tally provided otherwise in the Contractor -Subcontractor
<br />agreement, the benefit of all rights. remedies and redress
<br />,against the Contractor that the Contractor, by these Docu•
<br />ments. has against the Owner Where appropriate. the
<br />Contractor stall require each Subcontractor to enter into
<br />similar agreements with his Sub.subcontraciors. The Con•
<br />tractor shell make available to each proposed Subcon-
<br />tractor, prior to the etecutiori of the Subcontract. copies
<br />of the Contract Documents to which the Subcontractor
<br />>vill be bound by this Paragraph 5,3. and identify to the
<br />Subcontractor any terms anti conditions of the proposed
<br />Subcontract which may be at variance with the Contract
<br />Documents. Ej6 Subcontractor aha'! smnilar!y ;hake cop-
<br />it?s of such Documents available to his Sub -subcontractors
<br />ARTICLE 6
<br />WORK BY OWNER OR BY
<br />SEPARATE CONTRACTORS
<br />6,1 OWNER'S RIGHT' TO PERFORM WORK AND
<br />TO AWARD SEPARATE CONTRACTS
<br />6.1.1 The Owner reserves the right to perform work re-
<br />lated to the Project with his own forces, and to award
<br />AIA DOCUMENT A201 v GENERAL CONDITIONS Or THE CONTRACT rOR CONSTRUCTION . THIRTEENTH EDITION • AUGUST 1976
<br />10 A201.1976 AIAO 0 (D 1976 9 THE AMERICAN INSTITUTE OF ARCHITECTS. 173E NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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