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<br />Article 6 -Subcontracts <br />6.1 Consultant shall retain, by way of a subcontract, an independent analytical <br />laboratory designated by the DMG with the concurrence of BMRI, to analyze all samples <br />taken pursuant to this Agreement, the MOU and the Scope of Work. Said independent <br />analytical laboratory will be a subcontractor to Consultant. <br />6.2 A "Subcontractor" is a person or entity who has entered ~nto a written <br />agreement with Consultant or with a Subcontractor of Consultant to perfdrm any of the <br />Work. Consultant shall not employ any Subcontractor without a written agreement and the <br />prior written consent of both DMG and BMRI. There shall be no contractual relationship <br />between either DMG or BMRI and any Subcontractor with respect to the Wok. Consultant <br />shall be as fully responsible to BMRI for the acts and omissions of any Subcontractor as <br />Consultant is for its own acts and omissions. <br />6.3 As between BMRI and Consultant, Consultant shall be responsible for the acts <br />and omissions of its Subcontractors and any portion of the Work pelrformed by a <br />Subcontractor. BMRI may make reasonable requests for information and d~ta concerning <br />any and all Subcontractors under this Agreement, and any other matter deemed by BMRI <br />to be pertinent hereto, and the Consultant hereby agrees to submit such information and <br />data promptly upon request. <br />-13- <br />