TranSystems Corporation - LGM Construction

Section 6.03. Information From Suppliers.
As a condition of its purchase of equipment,
Contractor shall require its suppliers to (i) furnish complete and adequate operating and
maintenance data pertaining to their equipment, (ii) assign to FedEx any warranty, express or
implied, that the manufacturer of the equipment furnishes, and (iii) assign to FedEx any
customary maintenance or repair service, spare parts supply service or personnel support service
that the manufacturer of the equipment furnishes. If the terms and conditions of any warranty,
maintenance or repair service, spare parts supply service or personnel support service that the
manufacturer of the equipment furnishes are negotiable, FedEx may negotiate those terms and
conditions with the manufacturer at FedEx's election. Contractor shall use its best efforts to
advise FedEx in advance of placing any order for equipment, for which the warranty period
commences upon purchase or shipment.
ARTICLE 7
SUBCONTRACTORS
Section 7.01. Definition.
As used in this Agreement and the other Contract Documents, a
"Subcontractor" is any person or organization that has either a contract (a "Subcontract") with
Contractor to perform any portion of the Work or to provide to Contractor Materials or Services
required in connection with the Work or a direct or indirect contract with a Subcontractor to
perform any portion of the Work or to provide to a Subcontractor Materials or Services required
in connection with the Work.
Section 7.02. No Contractual Relationship With FedEx.
The Contract Documents do not
create any contractual relationship between FedEx and any Subcontractor, and no Subcontract
shall relieve Contractor of its obligation to completely perform the Work for the Contractor’s Fee
if any Subcontractor fails to perform its work in a satisfactory manner. Contractor is as fully
responsible to FedEx for the acts and omissions of its Subcontractors and the persons the
Subcontractors employ, directly or indirectly, as it is for the acts and omissions of persons
Contractor directly employs.
Section 7.03. Award of Subcontracts. (a) Contractor may award Subcontracts for
principal portions of the Work only to persons and entities that appear on a list of pre-qualified
Subcontractors jointly developed with, and approved by, FedEx or that FedEx approves by means
of written notice that it delivers to Contractor. To the extent FedEx requires, Contractor shall
solicit in accordance with FedEx’s written instructions bids for those portions of the Work that
Contractor intends to furnish by means of Subcontracts. In the absence of such a requirement,
Contractor shall furnish to FedEx written notice of the name of each Subcontractor that
Contractor intends to hire and the amount of the contract sum for which that prospective
Subcontractor is prepared to perform. Contractor may not execute a Subcontract with any
prospective Subcontractor to whom FedEx objects promptly following its receipt of Contractor’s
notice, even if FedEx had previously indicated its approval of that Subcontractor.[ Each
Subcontractor bidder list must include at least four prospective Subcontractors. When preparing
a bidder list for FedEx’s consideration, Contractor must source the prospective bidders appearing
on that list in the market place and must select the prospective Subcontractors appearing on that
list without prejudice and so as to avoid any conflict of interest. One of the factors the parties
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