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' � (21.1)Attornevs'Fees and Costs. In the event of a dispute arising under this Agreement,whether or not a lawsuit or other proceeding is filed,
<br /> the prevailing party shall be entitled to recover its reasonable attorneys'fees and costs,including attomeys'fees and costs incurred in litigating entitlement
<br /> to attorneys'fees and costs,as well as in determining or quantifying the amount of recoverable attomeys'fees and costs. The reasonable costs to which the
<br /> prevailing party is entitled shall include costs that are ta�cable under any applicable statue,rule,or guideline,as well as non-taxable costs,including,but
<br /> not limited to,costs of investigation,copying costs,electronic discovery costs,telephone charges,mailing and delivery charges,information technology
<br /> support charges,consultant and expert witness fees,travel expenses,court reporter fees and mediator fees,regardless of whether such costs are otherwise
<br /> taxable.
<br /> (22)Notwithstanding any provisions of the general and special conditions of the contract with the Owner;work stoppages,slowdowns or failure
<br /> of the Subcontractor to begin or continue work because of strikes,picketing,boycott or other voluntary or involuntary cessation of work may be cause for
<br /> the Contractor to terminate this contract as hereinafter provided in Section(21).
<br /> EX�IIBIT "A"
<br /> (1) This Contract will become effective and in full force and effect only upon written notice by Contractor to Subcontractor to proceed.
<br /> (2) Subcontractor waives all rights against Contractor and Owner for damages caused by fire or other perils to the extent covered by insurance
<br /> for the work.
<br /> (3) AIA Document A201,General Conditions,2007 Edition,shall control where not conflicting with this subcontract agreement.
<br /> (4) All sections of the specifications apply to Subcontractor as applicable.
<br /> (5) The completion date for this project is TBD,20 16 and this Subcontractor will perform his work in such a manner that this date will be
<br /> met. The subcontractor is subject to a day liquidated damages for delays caused by subcontractor if such delays cause the contractor to become
<br /> liable to pay liquidated damages as prescribed in contract documents between Owner and Contractor.
<br /> (6) Subcontractor shall furnish sufficient manpower to meet Contractor's schedule,regardless of overtime considerations.
<br /> (7) Subcontractor represents to be completely familiar with goveming codes applicable to the work. Should any conflicts exist between the
<br /> contract documents and the governing codes,the codes will govem. Furthermore,for any changes required in the contract documents to conform to the
<br /> applicable codes,this work will be performed at no expense to the Owner,Architect,Engineer,or Contractor.
<br /> (8) The Subcontractor will not discriminate against any employee or applicant because of race,color,religion,sex,or national origin. The
<br /> subcontractor will take a�rmative action to insure that applicants are employed and that employees are treated during employment without regard to their
<br /> race,color,religion,sex,or national origin. Such action shall include,but not be limited to the following: employment,upgrading,demotion or transfer;
<br /> recruitment,or advertising;layoff or termination;training,including apprenticeship. The Subcontractor agrees to post in conspicuous places,available to
<br /> employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause.
<br /> (9) Subcontractor shall not proceed with any work under this subcontract if any conditions exist which in any way limit or void warranty
<br /> hereunder, except with prior written waiver of warranty by Contractor's project manager furthermore, Subcontractor to inspect all substrates prior to
<br /> performing his work to report any defects to the project superintendent. Installation of work constitutes acceptance of substrates.
<br /> (10) If Subcontractor's work requires excavation of any kind,for any purpose,Subcontractor shall be responsible for backfill and recompaction
<br /> of his excavations to the satisfaction of the job superintendent,Owner('s)representative or Engineer. Subcontractor agrees to pay for all re-testing.
<br /> (11) Subcontractor to provide all temporary facilities,and protection for his stored materials if required for the execution of his work.
<br /> (12) Subcontractor to provide all cutting and patching required for the installation of his work.
<br /> (13) Subcontractor to provide all necessary backing and supports for the installation of his equipment or Owner supplied equipment.
<br /> Subcontractor is responsible for installing.
<br /> (14) Subcontractor shall furnish and install ail items not specifically mentioned or shown in the plans and specifications but necessary for the
<br /> comp(etion of the installation of his work.
<br /> (15) Subcontractor shall take all precautions to protect the work of other trades from damage caused by his operation. Should damage occur,
<br />� Contractor shall have the right to correct such damage at the Subcontractor's expense.
<br /> (16) Subcontractor will ensure that all his materials and equipment are being safeguarded by Subcontractor and that C.W Hayes Construction
<br /> Company will not be responsible for materials either misplaced or stolen under his contract.
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