Subcontractor Air Quality Performance Requirements Sample Clauses

Subcontractor Air Quality Performance Requirements. If performance requirements or guarantees are secured from a Subcontractor providing the air quality control system which extend beyond or exceed the performance requirements required to support Contractor’s obligations under this Agreement and if, at Final Completion, such Subcontractor has not achieved such performance requirements or guarantees, Contractor will use commercially reasonable efforts (not including litigation) to enforce such performance requirements or guarantees for the benefit of Owner, with the understanding that such efforts shall not prejudice Contractor’s enforcement of its own rights against such Subcontractor and that successful enforcement of such performance requirements or guarantees against such Subcontractor will not be a condition of occurrence of Final Completion provided each of the conditions to Final Completion contained in Section 14.4 have been successfully achieved by Contractor (provided that the required Unconditional Waiver and Release Upon Final Payment shall be waived with respect to payment of amounts related to the emissions guarantees under the subcontract or purchase order relating to air quality control system). For purposes of this Section 14.7, “commercially reasonably efforts” shall be limited to a maximum of two hundred (200) hours for all purposes, unless a Change in Work Form is agreed with respect to payment in excess of such maximum. Contractor shall provide Notice to Owner following Contractor's exhaustion of commercially reasonable efforts to enforce such requirement or guarantees of such Subcontractor under this Section 14.7. In the event that Contractor is unable, despite having used commercially reasonable efforts, to enforce such performance requirements or guarantees against a Subcontractor providing the air quality control systems which extend beyond or exceed the performance requirements required to support Contractor's obligations under this Agreement, Owner, at its option and upon prior written Notice to Contractor, may enforce the particular requirement or guarantee against such Subcontractor. Without limiting Owner's rights under Section 17.6, Contractor shall, at the request and direction of Owner, and without recourse to Contractor, at any time following Owner's receipt of the Notice contemplated under this Section 14.7, (i) assign all such purchase order or subcontract relating to the air quality control system and (ii) pay to Owner the amounts remaining to be paid to such Subcontracto...
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