Use of EPC Contractor and Subcontractors; Approval by NYSEG Sample Clauses

Use of EPC Contractor and Subcontractors; Approval by NYSEG. Owner may subcontract all or any portion of the work related to the procurement, construction, commissioning and maintenance of the Project, including to an EPC Contractor, provided that Owner shall obtain approval from NYSEG before engaging an EPC Contractor or any other subcontractor that is expected to perform material work on the Project. To gain approval from NYSEG, Owner shall provide a notice with the proposed subcontractor’s name, address, experience, proposed role on the Project, and any documentation in support of the same, to NYSEG. Within ten (10) days of receipt of such notice, NYSEG shall notify Owner that either (i) NYSEG approves the use of such subcontractor or (ii) NYSEG rejects the use of such subcontractor. If NYSEG fails to respond to Owner within ten (10) Business Days of receipt of such notice from Owner, then the identified subcontractor shall be deemed approved. Nothing contained herein shall create any contractual rights in any subcontractor against NYSEG. No subcontractor or supplier of Owner is intended to be or shall be deemed a third- party beneficiary of this Agreement. Owner shall remain ultimately responsible and liable for the acts and omissions of any subcontractor (including its employees) that Owner engage to the same extent as if such acts or omissions were made by Owner or its employees. Further, Owner shall not be relieved of any of its obligations under this Agreement by reason of such subcontracting. Owner shall be responsible for all fees and expenses payable to its subcontractor.
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Related to Use of EPC Contractor and Subcontractors; Approval by NYSEG

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