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<br />ANYONE DJRECTL Y OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
<br />THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SAID lIABILllY, CLAIM, DAMAGE, LOSS OR EX.
<br />PENSE IS ALLEGED TO BE ATTRIBUTABLE IN WHOLE OR IN PART TO, OR ALLEGED TO ARISE OUT OF, THE
<br />ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE OR BREACH OF ANY STATUTORY OR LEGAL DUTY,
<br />WHETHER NON.DELEGABLE OR OTHERWISE, OF OR BY ANY INDEMNITEE, Such obligation shall not be con.
<br />strued to negate, abridge or otherwise limit any other right or obligation of indemnity that otherwise exists in favor
<br />of any Indemnitee. in the event and to the extent that a claim is made by an employee of Subcontractor against an
<br />Indemnitee, the intent of the parties is that Subcontractor will indemnify each such Indemnitee to the same extent
<br />as if such claim were made by a nonemployee of Subcontractor, irrespective of any statute Or jUdicial decision other-
<br />wise disallowing such indemnity. Accordingly, in addkion 10 the above Provisions and in order to render the parties'
<br />intent and this indemnity agreement fully enforceable, Subcontractor, in a claim hereunder by Contractor or any of
<br />its officers, agents, directors, employees or assigns, hereby waives any and all defenses or immunity Subcontractor
<br />may have under the Workmen's Compensation laws of any state, or any statute or jUdicial decision pertaining thereto,
<br />and Subcontractor consents to a cause of action for indemnity hereunder,
<br />
<br />16(b). Damage to Work. Subcontractor shall effectively secure and protect its materials and the work and any
<br />work of Contractor or others in the vicinity of the Work and shall bear and be liable for all loss or damage of any
<br />kind with respect to any of the foregoing that results in whole or in Part, or directly or indirectly, from any act or
<br />omission of Subcontractor, its subcontractors, agents or employees during the performance of the Work,
<br />
<br />, 16(c). Damage Caused by Third Person, It is hereby agreed that Contractor shall not be responsible for damage
<br />to or destruction of any of Subcontractor's equipment or materials as a result, whether direct or indirect, of the act,
<br />or failure to act, of another of Contractor's subcontractors or of any third person and that in the event of such an
<br />occurrence, Subcontractor's exclusive remedy shall be against the subcontractor or third person responsible,
<br />
<br />17. S/o-.ydown or Work Stoppage. Subcontractor warrants that it will employ workers and means in such a man-
<br />ner that the Work "'till be prosecuted efficiently and in a timely manner and tpat it will not interfere with the work of
<br />Contractor or other subcontractors at the Project site, In the event of a slowdown, work stoppage or strike by Subcon.
<br />tractor's employees or any employees of its subcontractors, Subcontractor shall take all reasonable action to pro-
<br />secute the Work without any delays, and any time lost as a result of such slOwdowns, work stoppages or strikes shall
<br />not be considered an excusable delay under this Subcontract and shall not be grounds for an extension of time
<br />hereunder.
<br />
<br />18(a). Default. If (1) Subcontractor should at any time fail to perform in strict accordance wnh this subcontract,
<br />or (2) a court having jurisdiction over SubconJractor should. enter a decree or order for relief in respect of Subcon-
<br />tractor in an involuntary case under any appli~ble bankruptcy, insolvency or similar law now or hereafter in effect,
<br />or appoint a receiver, liquidator, assignee, custodian, trustee or sequestrator (or similar official) of SUbcontractor,or
<br />order the winding up or liquidation of Subcontractor's affairs, and such decree or order shall continue unstayed and
<br />in effect for a periOd of sixty (60) consecutive days, or if Subcontractor should. commence a voluntary case under
<br />any applicable bankruptcy, inSOlvency or other similar law now or hereafter in effect. consent to the entry of an order
<br />for relief in an involuntary case under any such law, or consent to the appointment of a receiver,liquidator, assignee,
<br />custodian, trustee or sequestrator (or other similar official) of Subcontractor, make any general assignment for the
<br />benefit of creditors, fail generally to pay its debts as they become due or take any corporate or other action in fur-
<br />therance of any of the 'foregoing, or (3) Subcontractor becomes involved in any labor difficu~ies that in the oplnion
<br />of Contractor may impede or slow the Work, or (4) Subcontractor otherwise breaches or fails to perform any provi.
<br />sions or requirements of this Subcontract (the occurrences described in (1) through (4) next above being hereinafter
<br />referred to as an "Event of Default" or collectively, "Events of Default"), Contractor may, without notice (or if notice
<br />is required by law, then after twenty.four (24) hours' written notice sent to,Subcontractor at the address set forth
<br />hereinbelow) proceed to do anyone or more of the following:, (a) without affecting the other provisions of this Subcon-
<br />tract and without notice to any sureties, Contractor may, but shall not be obligated to, take such actions as it deems'
<br />necessary to cure the Event of Default, in which case Subcontractor shall be liable to Contractor for the costs thereof,
<br />and any such costs may be deducted from any amount then or thereafter owing to Subcontractor: (b) terminate the
<br />Subcontract for default: or (c) seek specific performance of Subcontractor's obligations hereunder, it being agreed
<br />by Subcontractor that specific performance may be necessary to avoid irreparable harm to Contraqtor and/or Owner,
<br />
<br />I' 18(b). Contractor's Options, In the event of termination for default. Contractor may, at its option, do one or more
<br />or all of the following: (1) enter on the jobsite and take possession, for the purpose of completing the Work, of all
<br />supplies, tools, materials, work.in"progress, finish~d work and such other items as have ~en purchased, fabrica,~~d.
<br />constructed, acquired or used by Subcontractor In performance of, or for the performing of, the Work, (2) reqUIre
<br />Subcontractor to assign to Contractor (and Subcontractor hereby agrees to so assign) any or all of Subcontractor's
<br />subcontracts or purchase orders involving the Work, or (3) either itseU or through others complete the Work by whatever
<br />method Contractor may deem expedient. Subcontractor shall not be entitled to receive any further payment until the
<br />Work shall be fully completed, accepted by the Owner, and Contractor has been paid therefor by the Owner, At
<br />such time, if the amount of any damages and expenses suffered or incurred by Contractor as a result of the termina-
<br />tion or default shall exceed the unpaid balance of the Subcontract price, then Subcontractor shall pay Contractor
<br />the amount of the difference,
<br />
<br />18(c), Liability for Contractor's Damages, No action by Contractor shall relieve Subcontractor from liability for
<br />any damages, including, but not limited to, damages for delay, sustained by Contractor as a result of any Events
<br />of Default. Upon the occurrence of an Event of Default Mreunder, Contractor rnay employ attorney(s) to enforce
<br />any provision of this Subcontract, to collect damages for such Event of Default and to recover on any bond herein
<br />mentioned, and Subcontractor and its surety agree to pay Contractor such reasonable attorneys' fees and expenses
<br />as Oontracto( may incur with respect thereto,
<br />
<br />18(d). Expenses and Attorney's Fees, Subcontractor shall be responsible and liable for all costs, disbursements,
<br />and expenses, including attorney's fee, incurred by Contractor (a) as a result of Contractor's pursuing any extra,
<br />change, addition, claim, or dispute against any other party on behalf of Subcontractor: or (b) as a result of Subcon.
<br />tractor's breach or threatened breach of any term or condition of this Subcontract.
<br />
<br />18(e). Remedies Cumulative, The rights aryd remedies granted to Contractor pursuant to this Section 18 and the
<br />o~her provisions of this Subcontract shall be cumulative and are not intended to be in lieu of any legal right or remedy
<br />afforded by state or federal law that Contractor may have against Subcontractor for breach of this Subcontract or
<br />default hereunder, With respect to the rights, remedies and obligations set forth in this Section 18, Subcontractor
<br />
<br />(6)
<br />
<br />C18GOMBC
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