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. ' '(9)Liens-Claims. (a)Subcontractor shall pay for all labor,materials,and equipment and tum said work over to Contractor free and clear of all � claims, encumbrances or liens and shall protect and save harmless Contractor and Owner from all claims,encumbrances and liens growing out of the performance of this Subcontract,and Subcontractor will at his own cost and expense(including attorney's fees),defend all suits to establish such claims, and pay any such claim or lien so established. (b) Subcontractor shall, as often as requested by the Owner or Contractor,furnish a sworn statement showing all parties who furnish labor or materials to Subcontractor,with their names and addresses and the amount due or to become due each. (c)Should Subcontractor at any time fail to pay for all labor,materials,or supplies used by Subcontractor in said work�vhen due,Contractor may,at his discretion,pay at any time claims for labor,materials,and supplies used in the work. (10)Indemnitv. Subcontractor shall indemnify the Contractor,Owner,Architect,and the respective related and affiliates ofeach,as well as the officers,agents and employees of each(collectively refened to hereinafter as"indemnities")against all claims for damages arising from any act to persons or property occasioned by the Subcontractor,his agents or employees. Subcontractor shall defend all suits brought against the"Indemnities"on account of any such acts and shall reimburse"I�demnities"for any expense including reasonable attorney's fees sustained by"Indemnities"by reason of such acts. (11)Material and Propertv Taxes. The contract price named herein includes any and all sales,use and excise taaces levied by the State and also .any and all other federal State or municipal taxes levied or in force or that may be imposed during the life of this contract on any and all tangible personal property sold or transfened to Contractor under this contract and the Subcontractor agrees to pay such tax or taxes on such properiy.The cost of which is included in the contract price named herein. � (12)Unemplovment and Social Securit� It is understood that the Subcontractor is to pay and hereby accepts exclusive liability for any tax,assessment,or contribution for Unemployment Insurance or Social Security benefits levied by the Federal or any State Govemment on the salaries or � wages of all persons employed by the Subcontractor;and the Subcontractor hereby agrees to comply with all rules,regulations and requirements of the Federal and/or State Commission having jurisdiction thereover,in order to relieve the Contractor of this liability. (13)Insurance. The Subcontractor shall maintain during the life of this contract Workman's Compensation and Public Liability Insurance, including Bodily Injury and Property Damage coverage,in limits as called for in the specifications,fumishing to Contractor such certificates or copies of policies containing all endorsement as Contractor may require. (14)Cleanun. The Subcontractor shall clean up and remove from the premises all debris caused under this contract on a daily basis and leave broom clean. Should the Subcontractor fail to clean up and remove from the premises all debris made by this Subcontractor,the Contractor shall have the right to perform this work and backcharge to the account of the Subcontractor (l 5)Permits. The Subcontractor shall,at its own cost and expense,apply for and obtain all permits and licenses required on connection with the �vork covered by this contract. All materials furnished hereunder and the installation thereof shall comply in every respect with all Federal and State laws and Municipal codes,ordinances,regulation,etc.,relating thereto in force in the locality in which this work is to be performed. (16)Patents. The Subcontractor agrees to indemnify and save harmless the Contractor and Owner of said building or buildings against all damages which they or either of them may sustain by reason of anything to be supplied hereunder being covered by a patent not owned by the Subcontractor,and at the expense of the Subcontractor to defend any action brought against the Contractor or Owner founded upon the claim that any such thing or any part thereof infringes on any such patent. (17)Guarantee. Any written guarantees called for in the specifications covering work of this Subcontractor is to be furnished before final ' payment is made. (18)Assi n� ment• The Subcontractor shall not sublet or assign this contract or any portion thereof or any payments d�e without first securing written consent of the Contractor (19)Bond. It is agreed that should Contractor request a performance and payment bond from Subcontractor at any time prior to the date work is started under this contract,Subcontractor will fumish a bond from a company that is acceptable to the Contractor;and the premium on said bond to be paid by change order to Subcontractor unless otherwise indicated in specifications. (20)Headin�s. The headings to paragraphs in this agreement are for reference only and in no way affect the terms of this agreement. (21)Default. Should Subcontractor fail in the performance of any of the agreements herein contained,the Contractor may at his option,after serving twenty-four(24)hours'notice to Subcontractor at his place of business,terminate the Subcontractor's employment and prosecute the work on such terms and conditions as in the sole opinion of Contractor shall be deemed necessary and shall deduct the cost hereof from any money then due or thereafter to become due to the Subcontractor. If the Contractor so terminates Subcontractor's employment, Subcontractor shal]not be entitled to any further payments under this agreement until the work covered by this agreement has been completed and accepted by the Architect and/or Owner. In the event that the unpaid balance due exceeds the expenses incurred by Contractor,the difference shall be paid to Subcontractor. But if such expense exceeds the amount of balance due,Subcontractor agrees to promptly pay the difference to Contractor. Int �j;J_ 3