Review of Agreement Form. Notwithstanding any provision of the preceding section, the proposed forms of subcontract(s) and consulting agreement(s), shall be submitted to the initial Core Group in electronic format, for review and comment. The final form must be consistent with Lean Project Delivery principles and acceptable to the initial Core Group in all respects. Each such agreement shall, where the context so requires, contain provisions that:
12.3.1 require that such subcontracted work or services be provided in accordance with the requirements of the Contract Documents;
12.3.2 unless otherwise approved by the initial Core Team, each of Owner, Architect and CM/GC agrees to include a provision in their respective agreements with Non-IPD Team Risk Pool Members, Subcontractors and Suppliers, as the case may be, that limits the recovery of such Non-IPD Team Risk Pool Members, Subcontractors and Suppliers to direct damages only and precludes Non-IPD Team Risk Pool Members, Subcontractors and Suppliers from claiming any consequential, punitive, exemplary, special, indirect or incidental damages.
12.3.3 waive all rights the contracting parties may have against one another or that the Subcontractors, Suppliers or Architect’s Consultants may have against the IPD Team Members for damages caused by fire or other perils covered by the insurance described in the Contract Documents to the extent provided in the Contract Documents;
12.3.4 require the Subcontractors, Suppliers and Architect’s Consultants to carry and maintain insurance coverage in accordance with the Contract Documents and to file certificates of such coverage with the Core Group;
12.3.5 require submission of payment applications in a form approved by Owner, together with clearly defined invoices and xxxxxxxx supporting all such applications;
12.3.6 require that each Subcontractor, Supplier and Architect’s Consultant continue to perform under its contract in the event a disagreement, dispute or claim exists, to the same extent required by this Agreement;
12.3.7 require that each Subcontractor, Supplier and Architect’s Consultant only subcontract portions of its Work or Services to the extent approved by the Core Group and then only by way of a written subcontract or consulting agreement which complies with the requirements of this provision;
12.3.8 contain a right for the CM/GC and the Architect to terminate for convenience on terms similar to those provided in this Agreement; and
12.3.9 require each Subcontractor, Supplier a...
