Subcontractor agrees to perform a “commercially useful function” as defined in 49 CFR§26.55, in connection with the work covered by this subcontract. In doing so, subcontractor agrees that it will be responsible for and will actually perform, manage and supervise the work covered by this subcontract and agrees that it will not sub-contract a significantly greater portion of the work than would be expected on the basis of normal industry practices. Subcontractor certifies that he has adequate resources to perform the work covered by this subcontract. The subcontractor agrees to prepare and submit all sub-tier subcontracts and material contracts o the contractor for approval. The contractor reserves the right to review and reject any and all sub-contracts, equipment leases and/or use of other contractor’s personnel entered into between subcontractor and third parties that do not conform or comply with the provisions of this section, the terms of the prime contract or the requirements of the owner. Neither the approval of nor the failure on the part of the contractor to reject such arrangements shall relieve the subcontractor of any of its obligations under this agreement. In the event it is determined that the subcontractor fails to perform a “commercially useful function,” due in whole to the actions of the subcontractor, the contractor shall have the right to terminate the subcontract, without penalty or liability, and contractor may recover from subcontractor any damages contractor may suffer as a result of subcontractor’s failure to perform a “commercially useful function.”