Use of Installation and/or Maintenance Subcontractors. Cooperative may use qualified subcontractors to install and/or maintain the PV System, provided that Cooperative shall at all times remain fully responsible for the acts and omissions of such subcontractors. Cooperative shall require all installation subcontractors to reasonably provide performance and payment bonds from a surety company in amounts, form and substance acceptable to Host Town in its reasonable discretion, naming Host Town as a direct beneficiary of the surety’s obligations under such bonds. Such bonds shall fully protect Host Town against any and all breaches by Cooperative, including, but not limited to, payments of salaries, withholdings, union welfare funds and any other union or employee benefits. Performance and payment bonds shall cover Cooperative’s obligations during the Installation Period. Host Town agrees and understands that all or some of the rights and obligations provided for in this Article may be delegated or assigned by Cooperative to Contractor. In the event such duties are delegated, Cooperative shall remain fully responsible to Host Town under this Agreement.
Use of Installation and/or Maintenance Subcontractors. Developer may use qualified subcontractors to install and/or maintain the PV System, provided that Developer shall at all times remain fully responsible for the acts and omissions of such subcontractors. Installation and maintenance subcontractors shall be required to meet the insurance requirements set forth in Exhibit C, provided, however, that satisfaction of such requirements shall not relieve Developer of its responsibilities for such subcontractors as set forth in this Section 5.10.
Use of Installation and/or Maintenance Subcontractors. Contractor may use qualified subcontractors to install the PV System, provided that Contractor shall obtain the prior written approval of User for Major Subcontractors and shall at all times remain fully responsible for the acts and omissions of all subcontractors. Installation and maintenance subcontractors shall be required to meet the insurance requirements set forth in Section 11.1, provided, however, that satisfaction of such requirements shall not relieve Contractor of its responsibilities for such subcontractors as set forth in this Section 4.6(b). Contractor shall in good faith advertise locally on Cape Cod and Martha’s Vineyard, as applicable, for installation and/or maintenance subcontractors to install the PV System. For purposes of this Section 4.6(b), “Major Subcontractors” means any subcontractor(s) that Contractor intends to engage for services related to installation and maintenance of the PV System under a contract having an aggregate value in excess of twenty-five thousand dollars ($25,000). Contractor shall notify User of the proposed Major Subcontractor(s) at the earliest practical point in its selection process and furnish to User all information reasonably requested by User with respect to Contractor’s selection criteria (including copies of bid packages furnished to prospective Major Subcontractors and the qualifications of proposed Major Subcontractors). User shall have the right to reject for good cause any proposed Major Subcontractor. If at the end of ten (10) Business Days after receipt of such information by User, Contractor has not received notice of User’s rejection of the proposed
