Subcontractors

SC 5.09 A: Remove the phrase "or the breach of any obligation under this Contract" from the eleventh to twelfth lines. Addthe phrase "is suffered by a third party and" to the beginning of sub-paragraph 1. Add the phrase "shall be subject toindemnification hereunder only to the extent it" to the beginning of sub-paragraph 2 and remove the phrase "in whole or inpart" from the first line of such sub-paragraph. Remove the balance of sub-paragraph 2 after the word "liable" in the fifth line.SC 5.09 D: Add a new sub-paragraph D to Paragraph 5.09 of the General Conditions as follows:'D. Any claim for Indemnification pursuant to this Article 5.09 or Article 12 of the General Conditions, or otherwisepursuant to the Contract Documents, is conditioned upon the claimant's (i) notifying Seller in writing of the claim prior toexpiration of the Correction Period under Article 8.03, and (ii) providing data or access to information in the defense ofany claim. Seller shall have the sole authority to direct the defense of, or to settle or otherwise compromise, anyindemnified claim."SC-7.03 B: Insert the word "reasonable" before the word "control" in the third line.SC 8.01 A. 6: Insert a period after the word "thereof" In the fifth line and delete the remaining language of the Section.SC-8.01 C.1: Replace the word "intended" with the word "specified" at the beginning of the fourth line.SC 8.02 A: Replace all language after the word "nonconforming" in the sixth line with the following: ", Buyer shall providenotice of such non-conformity to Seller pursuant to Paragraph 5.08 E., and Seller shall, at its expense, and as Buyer's soleand exclusive remedy (except as noted in 8.02 E), upon mutual agreement with Buyer, repair or replace the Goods such thatthey are no longer non-conforming or remove the non-conforming Goods and reimburse to Buyer the contract priceassociated with such removed non-conforming Goods".SC 8.02 B: Remove this Section in its entirety.SC 8.02 C. 1: Replace all language prior to the first comma in the first sentence with the following: "if Buyer notifies Seller inwriting that any Goods are non-conforming". In the third line after the word "modifications" add the following: , suchmodifications shall include the repair and/or replacement of non-conforming Goods as well as any Special Services and/orengineering redesign to be performed or re-performed by Seller as a result of such repair and/or replacement of nonconformingGoods,"SC 8.02 D. 1: Replace all language prior to the first comma with the following: "At Buyers option, in lieu of pursuing awarranty claim with respect to Goods". In the second sentence, replace all language preceding the word "attributable" withthe following: "Seller shall reimburse to Buyer all of Buyer's costs and expenses reasonably".SC 8.02 E: At the beginning of the first sentence, insert the phrase "Subject to the provisions of Article 15 of theSupplementary Conditions,". In the 7 line, delete "including" and replace with "as directly attributable to".SC 8.03 A: After the words "whichever Is sooner." in the sixth line, delete the balance of the paragraph.SC-10.01 A.1: In regards to the paragraph immediately after 10.01 A, the-stIIke-through is removed from this article, aspayment for submittal approval shall be part of the payment terms. The next paragraph shall be designated as "2.", and thelast paragraph Is "3.SC-10.01 A.2: In the first line, replace "The first Application" with "The second Application".SC 11.04 B.1 a: Insert the following at the end of the paragraph: ", provided that a delivery delay will not be deemed amaterial breach while Uquidated Damages, as set forth in Article 5.5 of the Agreement, are still accruing and have notreached the maximum amount of liquidated damages."SC 11.04 B.1 c: Insert the following before the period at the end of this sub-paragraph: ", and the failure by Seller to addresssuch non-conformity pursuant to Paragraph 8.02 hereof."SC 14.04 A: Replace the word "The" at the beginning of this Paragraph with the following: "Except as expressly providedotherwise in the Contract Documents, including, without limitation, in Section 5.05 of the Agreement (liquidated damages assole and exclusive remedy for specified delays), Article 15 of the Supplementary Conditions (establishing a limitation ofliability and excluding consequential, special, punitive and other indirect damages), and in Paragraphs 5.08,8.02 and 8,03 ofthese General Conditions (disclaiming express and implied warranties, specifying Buyer's sole and exclusive remedy forbreach of warranty, and establishing the warranty period), the'.