Failure to Incorporate Terms in Subcontracts. The Contractor agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the Contractor shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (1) the Contractor may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (2) no subcontractor may maintain that he has not assumed toward the Contractor all the obligations and responsibilities that the Contractor has assumed toward the Owner. Failure on the part of the Contractor to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner.
Failure to Incorporate Terms in Subcontracts. The CM/GC agrees that failure on his part to incorporate this Article 3.5.5 in all Subcontracts, Trade Contracts, or Supplier contracts, is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach the CM/GC shall, within five days after demand of the Owner, furnish proof in writing that the deficiency has been remedied to the end that (i) the CM/GC may not maintain that it is beyond his competence to require performance of terms of the contract by a subcontractor and (i) no subcontractor may maintain that he has not assumed toward the CM/GC all the obligations and responsibilities that the CM/GC has assumed toward the Owner. Failure on the part of the CM/GC to effect remedy as above within five days after receipt of written demand of the Owner shall be grounds for issuance of a declaration of default by the Owner. Assignment of Trade Contracts, Subcontracts.
Failure to Incorporate Terms in Subcontracts. CM/GC agrees that its failure to incorporate this Section 2.3.3 in all Subcontracts is a material breach of an essential covenant of this Contract, and further agrees that in the event of such breach CM/GC shall, within five (5) days after demand of Owner, furnish proof in writing that the deficiency has been remedied. Failure on the part of CM/GC to effect remedy within five (5) days after receipt of written demand of Owner shall be grounds for termination by Owner.
