Common use of USE OF THIRD PARTIES AND SUBCONTRACTORS Clause in Contracts

USE OF THIRD PARTIES AND SUBCONTRACTORS. Contractor may not contract with third parties for the performance of any of Contractor’s obligations under this Contract, unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the following conditions shall apply: 21.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands, 21.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable. 21.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. Contractor Timber Buyer may not contract with third parties for the performance of any of ContractorTimber Buyer’s obligations under this Contract, unless and then only to the extent that the Special Conditions of agreed upon by PRUDENTERRA pursuant to this Contract specify otherwiseContract. If PRUDENTERRA agrees to the Special Conditions provide for use of a subcontractor or subcontractorssubcontractor, then the following conditions shall apply: 21.1 : • All subcontracts shall be subject to prior approval by the DNRPRUDENTERRA. The DNRPRUDENTERRA’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR PRUDENTERRA in addition to the remuneration terms agreed upon in this Contract. Any subcontract to which DNR PRUDENTERRA has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 . • The Contractor Timber Buyer may enter into subcontracts to complete the work required by this Contract provided that the Contractor Timber Buyer remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor Timber Buyer from any obligation, provision, or liability under this Contract. The Contractor Timber Buyer shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 . • All restrictions, obligations and responsibilities of the Contractor Timber Buyer under this Contract also shall apply to the subcontractors. 21.4 DNR . • PRUDENTERRA shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor Timber Buyer shall indemnify, defend and hold harmless DNR and the State PRUDENTERRA from and against any and all claims, demands, 21.5 Each , liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Timber Buyer’s breach of any subcontract shall contain provisions for DNR access in which it enters, including Timber Buyer’s failure to the pay any and all amounts due by Timber Buyer to any subcontractor’s books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 . • Any action of a subcontractor, which, if done by ContractorTimber Buyer, would constitute a breach of this Contract, shall be deemed a breach by Contractor Timber Buyer and have the same legal effect. 21.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable. 21.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. 10.1 The Contractor may not contract with third parties for the performance of any of the Contractor’s obligations under this Contract, unless and then Contract only to the extent that specified below. The following Conditions will apply when contracting with third parties for the Special Conditions performance of any obligations under this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the following conditions shall applyContract: 21.1 10.1.1 All subcontracts shall will be subject to prior approval by the DNR. The DNR’s consent shall must not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall must be in writing and shall will in no way alter the terms Terms and conditions Conditions of this Contract. 21.2 10.1.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall will relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall will remain responsible for such performance and shall will be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 10.1.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall must apply to the subcontractors. 21.4 10.1.4 DNR shall will have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall must indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor. 21.5 10.1.5 Each subcontract shall must contain provisions for DNR access to the subcontractor’s 's books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 10.1.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall will be deemed a breach by Contractor and have the same legal effect. 21.7 10.1.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances circumstances, which by the exercise of reasonable diligence diligence, the Contractor should have been able to anticipate or prevent, then the Contractor shall will be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicabledefault. 21.8 10.1.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall must comply with Iowa Code chapter 8F with respect to any subcontract the Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall must be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. Contractor A) The CONTRACTOR may not contract with third parties for the performance of any of Contractor’s obligations under this Contract, unless and then only to provided the extent that work subcontracted does not exceed seventy percent of the Special Conditions of this Contract specify otherwisetotal Project. If the Special Conditions provide for CONTRACTOR utilizes a subcontractor or subcontractors, then the following conditions shall apply:: Prior to a subcontractor working on site, a copy of the subcontract including the name, address, phone number, Federal ID Number, Contractor Registration Number, type of work to be performed and the dollar amount for each subcontract must be provided to the DEPARTMENT; 21.1 B) All subcontracts shall be subject to prior approval by the DNRDEPARTMENT. The DNRDEPARTMENT’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR the DEPARTMENT in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contractcontract.; 21.2 C) The Contractor CONTRACTOR may enter into subcontracts to complete the work required by this Contract contract provided that the Contractor CONTRACTOR remains responsible for all services performed under this Contractcontract. No subcontract or delegation of work shall relieve or discharge the Contractor CONTRACTOR from any obligation, provision, or liability under this ContractCONTRACT. The Contractor CONTRACTOR shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor.; 21.3 D) All applicable restrictions, obligations and responsibilities of the Contractor CONTRACTOR under this Contract also shall apply to the subcontractors.; 21.4 DNR E) The DEPARTMENT shall have the right to request the removal of a subcontractor from the Contract contract for good cause. The Contractor CONTRACTOR shall indemnify, defend and hold harmless DNR the DEPARTMENT and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of CONTRACTOR’s breach of any subcontract in which it enters, including the CONTRACTOR’s failure to pay any and all amounts due by CONTRACTOR to any subcontractor; 21.5 F) Each subcontract shall contain provisions for DNR the DEPARTMENT’s access to the subcontractor’s books, documents, and records and for inspections of work, as required of Contractor CONTRACTOR herein.; 21.6 G) Any action of a subcontractor, which, if done by ContractorCONTRACTOR, would constitute a breach of this Contractcontract, shall be deemed a breach by Contractor the CONTRACTOR and have the same legal effect.; and 21.7 H) If delay results from a subcontractor’s conduct, from the ContractorCONTRACTOR’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or preventwas reasonably foreseeable, then the Contractor CONTRACTOR shall be in default and Section 21Article 23, “Delay of or Impossibility of Performance,” shall not be applicable. 21.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. Contractor may not contract with third parties for the performance of any of Contractor’s obligations under this Contract, unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the following conditions shall apply: 21.1 23.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 23.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 23.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 23.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor. 21.5 23.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s 's books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 23.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 23.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable. 21.8 23.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. 10.1 The Contractor may not contract with third parties for the performance of any of the Contractor’s obligations under this Contract, unless and then Contract only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the following conditions shall applyspecified below: 21.1 10.1.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 10.1.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 10.1.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 10.1.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor. 21.5 10.1.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s 's books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 10.1.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 10.1.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicabledefault. 21.8 10.1.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. Contractor may not contract with third parties for the performance of any of Contractor’s obligations under this Contract, unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the following conditions shall apply: 21.1 28.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 28.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 28.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 28.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor. 21.5 28.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 28.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 28.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable. 21.8 28.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. 10.1 The Contractor may not contract with third parties for the performance of any of the Contractor’s obligations under this Contract, unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the specified below: (Specify subcontracting allowance and requirements as applicable). 10.2 The following conditions shall apply: 21.1 apply when contracting with third parties for the performance of any obligations under this Contract: All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 . The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 . All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 . DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands, 21.5 , liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts due by Contractor to any subcontractor. Each subcontract shall contain provisions for DNR access to the subcontractor’s 's books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 . Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 . If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable. 21.8 default. If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.

USE OF THIRD PARTIES AND SUBCONTRACTORS. 10.1 The Contractor may not contract with third parties for the performance of any of the Contractor’s obligations under this Contract, unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions provide for a subcontractor or subcontractors, then the specified below: 10.2 The following conditions shall applyapply when contracting with third parties for the performance of any obligations under this Contract: 21.1 10.2.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract. Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of this Contract. 21.2 10.2.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or omissions of any subcontractor. 21.3 10.2.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the subcontractors. 21.4 10.2.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,, liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result of Contractor’s breach of any subcontract in which it enters, including 21.5 10.2.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s 's books, documents, and records and for inspections of work, as required of Contractor herein. 21.6 10.2.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be deemed a breach by Contractor and have the same legal effect. 21.7 10.2.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable.from 21.8 10.2.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR immediately.