Coach 2013 Annual Report Download - page 717

ARTICLE 5.
AWARD OF TRADE CONTRACTS; LABOR MATTERS
Section 5.01 Bidding and Award of Contracts. (a) Developer has entered into the Executive Construction Management Agreement for the
performance of the Base Building Work. The trade contracts for construction of the Project bid and awarded as of the date hereof are set forth on Exhibit R
attached hereto.
(b) To the extent not already bid and awarded, Developer shall bid and award trade contracts for construction of the Project in
accordance with the provisions of this Article 5 and the Schedule.
(c) The construction work not yet bid will be bid in separate bid packages. The Developer will or will cause the Executive
Construction Manager to prepare for each bid package, in consultation with the Coach Member, a list of bidders who will be asked to respond to each bid
package; provided, that no Affiliate of Developer, the Fund Member, Related, Oxford, or the Executive Construction Manager, shall be included on such list
of bidders without disclosure to the Coach Member, in reasonable detail, of such Affiliate relationship and the prior written approval of Coach. If any
Affiliated party is included on any list of bidders (which inclusion shall be subject to Coach’s written approval as herein provided), such Affiliated bidder
shall not be provided, and shall not have or be given any access to, any information of any kind with respect to the bid package, the Schedule, the Budget, or
any other aspect of, or information with respect to, the Project that is not provided to all third-party bidders and shall, in all events, be treated in the same
manner and subject to the same requirements and process as all third-party bidders (except as may be otherwise agreed to in writing by the Coach Member).
Developer will, or will cause the Executive Construction Manager to, provide the Coach Member with copies of the bid lists for all contractors, subcontractors
and vendors and shall consult with the Coach Member in connection therewith. At the request of the Coach Member, the Developer (or the Executive
Construction Manager) shall supply to the Coach Member (i) to the extent available to Developer (or the Executive Construction Manager), information
regarding the background and qualifications of any contractor, subcontractor or vendor under consideration for receipt of each such bid package, and
(ii) information regarding any affiliation or prior or current business dealings between Developer, Related, Oxford or the Executive Construction Manager, on
the one hand, and each such contractor, subcontractor or vendor, on the other hand. The Coach Member shall have the right to request that Developer include
on the list of bidders for each bid package, one or more bidders selected by the Coach Member.
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