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<br />HISCELLANEOUS WORK CONTRACT <br />PAGE TWO <br />3. Contractor shall furnish Owner with proof of insurance to protect <br />Owner from claims under worker's compensation acts and other <br />employee benefit acts, claims for damages because of bodily injury <br />including death, and from claims for damages, other than to the <br />work itself, to property which may arise out of or result from the <br />Contractor's operations under this contract, whether such operations <br />be by Contractor or by any subcontractor or anyone directly or <br />indirectly employed by any of them. This insurance shall be written <br />for not less than any limits of liability as specified by Owner or <br />required by law, whichever is the greater. Certificates of such <br />insurance shall be filed with the Owner prior to the commencement of <br />the Work. <br /> <br />4. <br /> <br />Contractor has visited site and is aware <br />surface conditions existing at the time of <br /> <br />of surface and sub - <br />submitting this bid. <br /> <br />5. Owner, without invalidating this contract, may order changes in the <br />Work consisting of additions, deletions or modifications, the <br />Contract Sum and the Contract Time being adjusted accordingly, All <br />such changes in the Work shall be in writing signed by Owner <br />(a " Change Order" ). <br /> <br />6. The Contract Sum and the Contract Time may be changed only by a <br />Change Order. <br /> <br />7. <br /> <br />8. <br /> <br />Executed <br />(signed) <br />(Title) <br />Address <br /> <br />If a Contractor defaults, persistently fails or neglects to carry <br />out the Work in accordance with the terms of this Contract, or fails <br />to perform any provision of the Contract, the Owner, after seven <br />days written notice to Contractor and without prejudice to any <br />any other remedy it may have,may make good such deficiencies and may <br />deduct the cost thereof from the payment then, or thereafter, due <br />Contractor or, at its option, may terminate the Contract and take <br />possession of the site and of all materials, eqUipment, tools and <br />construction equipment and machinery thereon owned by the Contractor <br />and may finish the Work, by whatever method it may deem expedient. <br />If the unpaid balance of the Contract Sum exceeds the expense of <br />finishing the Work, such excess shall be paid to Contractor; but if <br />such expense exceeds unpaid balance Contractor shall pay the <br />difference to Owner. <br /> <br />In the event of bringing any action by either party hereto as <br />against the other, by reason of breach of any agreement contained in <br />this contract, the party in whose favor final judgement shall be <br />entered shall be entitled to have and recover from the other party <br />reasonable attorney's fees to be fixed by the court together with <br />the courts costs. <br /> <br /> <br />19 9/ <br />,- <br />(Contractor) <br /> <br />Phone <br /> <br />CIRCLE K <br />ACCEPTED. <br />BY: <br />DATE: <br />