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, SUBCONTRACT AGREEMENT
<br /> • � 51611-15260SC
<br /> In consideration of the mutual promises contained herein,C.W HAYES CONSTRUCTION COMPANY,a Florida corporation,of Oviedo,
<br /> Florida(AContractor)and Cox Fire Protection,Inc. of Tam�a.Florida (ASubcontractor),make the following agreement contained on this page and
<br /> the reverse hereof.
<br /> (I) Work Description. Subcontractor agrees to furnish all materials,labor,tools,equipment,scaffolding,hoisting and all other required items
<br /> necessary to complete all work as described in Exhibit AA attached hereto and made a part hereof in accordance with plans,specifications,general and
<br /> special conditions of the contract between the Owner and Contractor for project known as Zephyr Plaza/011ies Bar�ain Outlet 5931 Gall Blvd.
<br /> Ze�hvrhills.FL 33542.
<br /> (2) Samples and Shop Drawines. Subcontractor agrees to submit as soon as possible all samples of materials and shop drawings as required for
<br /> the approval of the Architects and Contractor.
<br /> (3)Pavment. The Contractor agrees to pay Subcontractor for the work covered by this contract,subject to extras and credits approved by the
<br /> Contractor in writing,the sum of_Thirty Five Thousand Thirtv Dollars and No Cents ($ 35,030.00).
<br /> (4)Manner of Pavment. Payment under this contract will be made by Contractor to Subcontractor as Contractor is paid by Owner in accordance
<br /> _with terms of payment beriveen Owner and Contractor,unless otherwise shown hereinafter. Contractor may at his option retain 10%of each estimate until
<br /> �final settlement. Final payment shall be made after completion of the work included in this subcontract,written acceptance by the Architect,and ful]
<br /> payment therefore by the Owner.
<br /> (5)Subcontractor's Invoices. Subcontractor agrees to furnish invoices and statements on Contractor's forms for periodic payment on or before
<br /> the 25`�day of each month and in default thereof agrees that Contractor need not accept for payment such invoices or statements until the same date in the
<br /> next succeeding month.
<br /> (6) Changes in Work. (a) Subcontractor shall make all alterations, fumish the material for and perform all extra work or omit any work
<br /> Contractor,Owner and/or Architect may require,without nullifying this agreement,at a reasonable addition to,or reduction from,the subcontract price,
<br /> hereinafter named and pro rata to the same. No changes are to be made,however,except upon written order from Contractor,and Contractor shall not be
<br /> held liable to Subcontractor for any extra]abor,materials,or equipment without such written order.(b)All change orders shall be invoiced individually.
<br /> Pricing for changes in the work is required immediately upon request. Labor rates for change orders shal]be payroll rates plus 10%markup for overhead
<br /> and profit.Material and equipment rates shall be invoice amounts plus 10%mark up for overhead and profit.Al]request for change orders to include
<br /> copies of time sheets,material and equipment invoices.(c)The subcontractor shall not be entitled to any claim or recovery of any kind hereunder,unless
<br /> same shall first be allowed to the Contractor hereto by the Owner.
<br /> (7)Prosress of Work. (a)Subcontractor shall begin work as soon as instructed by Contractor,and shall carry on said work promptly,efficiently,
<br /> and at a speed that will not cause delay n the progress of Contractor's work or other branches of the work carried on by other Subcontractors. Contractor
<br /> may require Subcontractor to prosecute in preference to other parts of the work such part or parts as Contractor may specify.
<br /> (b)Any damages for delay caused by Subcontractor shall be deducted by Contractor from the agreed price for said work as liquidated damages and not as a
<br /> penalty,subject,however,to the option of Contractor to terminate said employment for default as herein elsewhere provided.
<br /> (c)Contractor shall not be]iable to the Subcontractor for delay to Subcontractor's work by the act,neglect or default of the Owner,or the Architect,or by
<br /> reason of fire or other casualty,or on account of riots,or of strikes,or other combined action of the workmen or others,or on account of any acts of God,
<br /> or any other cause,beyond Contractor's control,or on account of any circumstances caused or contributed to by the Subcontractor;but Contractor will
<br /> cooperate with Subcontractor to enforce any just claim against the Owner or Architect for delay.
<br /> (d)Should Subcontractor be delayed in his work by Contractor then Contractor shall owe Subcontractor,thereof only an extension of time for completion
<br /> equal to the delay caused and then only if a written claim for delay is made to Contractor within forty-eight(48)hours from the time of the beginning of
<br /> the delay.
<br /> (8) Remarks: NO COST OR CHARGES BY SUBCONTRACTOR IN ADDITION TO THE AMOUNT SHOWN ABOVE WILL BE
<br /> CONSIDERED UNLESS A CHANGE ORDER DESCRIBING THE EXTRA WORK TO BE DONE AND THE COST OF THIS WORK IS APPROVED
<br /> AND SIGNED BY CONTRACTOR AND SUBCONTRACTOR BEFORE SUCH ADDITIONAL WORK IS COMMENCED.
<br /> IN WI ESS WHEREOF the p �es hereto have executed or caused this agreement to be executed by their duly authorized officers.
<br /> This � day of ��fi`� ,20�.
<br /> SUBCONTRACTOR: Cox Fire Protection.Inc. CONTRACTOR: C.W.Hayes Construction Company
<br /> Post Office Box 621294
<br /> 7910 Professional Place Oviedo,Florida 32762-1294
<br /> Tampa,FL 33637
<br />� 813-247-4777/813-980-0631 Fax
<br />' ��'I cL� �2c�w� S��v ��Cc Sa�-�s
<br /> Signature Title ���2S�S� �S
<br /> Print Name Social Security or Federal I.D.Number
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