Removal of Subcontractors. If, at any time during the course of the Project, Owner reasonably determines that the performance of any Subcontractor working on the Project is unsatisfactory, Owner’s Representative shall notify Design/Builder of the same, and shall set forth the instances of unsatisfactory performance. Promptly on receipt of such notice, Design/Builder shall undertake to cure such unsatisfactory performance, or shall remove such Subcontractor from the Project and promptly replace such Subcontractor. Any cure of unsatisfactory performance or any replacement of a Subcontractor pursuant to this Paragraph shall be at no cost or penalty to Owner for any increased costs, delays or inefficiencies caused by such unsatisfactory performance, its cure, or by the replacement of a Subcontractor hereunder.
Appears in 5 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Removal of Subcontractors. If, at any time during the course of the Project, Owner the Municipality reasonably determines that the performance of any Subcontractor working on the Project is unsatisfactory, Ownerthe Municipality’s Representative shall notify Design/Builder the Contractor of the same, and shall set forth the instances of unsatisfactory performance. Promptly on receipt of such notice, Design/Builder the Contractor shall undertake to cure such unsatisfactory performance, or shall remove such Subcontractor from the Project and promptly replace such Subcontractor. Any cure of unsatisfactory performance or any replacement of a Subcontractor pursuant to this Paragraph shall be at no cost or penalty to Owner the Municipality for any increased costs, delays or inefficiencies caused by such unsatisfactory performance, its cure, or by the replacement of a Subcontractor hereunder.
Appears in 1 contract
Samples: Design Build Operate Agreement