Common use of Trade Names and Substitutions Clause in Contracts

Trade Names and Substitutions. 2.9.1. CM@Risk understands and agrees that substitutions and alternate items to Contract Document references to equipment, materials or patented processes by manufacturer, trade name, make or catalog number, unless indicated that no substitutions are permitted, may be permitted, subject to the following: 2.9.1.1 CM@Risk understands and agrees that the substitution shall be submitted by CM@Risk in writing for approval by the OPT. 2.9.1.2 CM@Risk understands and agrees that it shall certify that the substitution will perform the functions and achieve the results required by the general design, be similar and of equal substance, and be suited to the same use as that specified. 2.9.1.3 CM@Risk understands and agrees that the submittal shall state any required changes in the Contract Documents to adapt the design of the proposed substitution. 2.9.1.4 CM@Risk understands and agrees that the submittal shall contain an itemized estimate of all costs and credits that will result directly and indirectly from the acceptance of such substitution, including an estimate of the cost of design, license fees, royalties, and testing. The submittal shall also include any adjustment in the Contract Time created by the substitution.

Appears in 4 contracts

Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement

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