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shall be performed by Subcontractor as part of the WORK. Drawings and specifications are to be
construed as supplementing each other.
d. In executing this Agreement, except as expressly noted and provided for in Exhibit “B”, the
Subcontractor represents that he has visited, investigated, examined, inspected, and thoroughly
familiarized itself with the Contract Documents, the Project site and adjoining premises, and the
local conditions, in connection with which the WORK covered by this Agreement is to be
performed, that it has thoroughly informed itself as to any difficulties in connection therewith, that
the Design/Builder has made no representation of any kind or nature with references thereto
except as may be expressly set forth in writing in this Agreement and Subcontractor has correlated
its observations with the requirements of the Contract Documents and further represents that based
on that review, Subcontractor finds the Contract Documents are sufficient for the WORK to be
performed. Commencement of this WORK or any portion thereof by the Subcontractor shall be
conclusive evidence that the Project site, or that part thereof at which the WORK is being
installed, is in proper condition for the reception and installation of the WORK.
e. Design/Builder may provide some or all of the Contract Documents, whether draft or final
versions, in electronic media for Subcontractor’s use as reference documents. Due to the potential
that the information set forth in such electronic media can be corrupted or modified in
transmission or by the Subcontractor or others, unintentionally or otherwise, or that design
changes may be made after the data is transferred, Subcontractor recognizes and agrees that all use
of such electronic media will be at Subcontractor’s sole risk and without any liability, risk or legal
exposure to the Design/Builder, its employees, officers, subcontractors or consultants.
f. Subcontractor agrees to indemnify, defend and hold harmless Design/Builder with respect to any
loss or damage incurred by Design/Builder due to Subcontractor's use of the electronic Contract
Documents.
4. SUBMITTALS
a. Time is of the essence of this Agreement. Subcontractor shall prepare and submit to
Design/Builder a submittal log and schedule which, shall be updated weekly, showing the status of
all required shop drawings, samples and other required submittals. Subcontractor shall prepare all
shop drawings and other required data and furnish same for review and approval by the
Design/Builder in strict accordance with this Agreement and Design/Builder’s schedule
requirements (as said schedule requirements maybe adjusted by Design/Builder from time to time
in response to the current needs of the Project), so as not to delay the progress of either the
Subcontractor's WORK, the total WORK required of the Design/Builder pursuant to the Prime
Contract or the work of Owner or any other person or entity with respect to the Project. Adequate
copies of such data shall be submitted by Subcontractor to Design/Builder, plus the number of
returned copies desired by the Subcontractor for his use. In the instance of specifically prepared
fabrication drawings, submittal shall consist of one reproducible drawing and two prints.
Subcontractor agrees to keep Design/Builder fully informed regarding his delivery schedule and
will immediately advise the Design/Builder in writing should any delay be anticipated. A
complete, up-to-date procurement schedule will be submitted on forms acceptable to the
Design/Builder, upon request. Procurement schedule and Project Schedule to be compatible.
b. In reviewing Subcontractor’s shop drawings, samples and other submittals, Design/Builder is not
responsible for verifying dimensions or field conditions. Review or approval of any such
materials shall not relieve the Subcontractor from his responsibility for the proper matching and
fitting of the WORK with all contiguous work and the coordination of the WORK with other work
being performed on the Project site, or of any duty and responsibility to perform the WORK in
accordance with the Contract Documents.
c. As-built documents and data shall be maintained and recorded on a continuous basis by the
Subcontractor as applicable to his WORK and shall be reviewed periodically by Design/Builder.
Should Design/Builder determine that such as-built documents are not being properly maintained,
Design/Builder shall have the right to withhold payment under the terms of this Agreement until
such time as, in Design/Builder’s determination, the as-built documents have been properly
recorded.
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