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<br />I,
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<br />and ilS surety waive ell righls of exemption. The failure of Contrector to oxerolae III1y remedies ~ may have PWS;""t
<br />to this Subconuact or otherwise shall have no effect on Its rights or remedies with reepect to III1y Event of Deleu.
<br />or on the future exercise of any of Contractor's rights and remedies,
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<br />19. SalelY. Conuactor's "Accident Prevention Plan". a copy of which is al1ached hereto. shaD be used by Sub-
<br />conlraClor as a guide to safety standards In performing tha Work. In addition, Subcontraotor agrees to ablda by III1y
<br />and all applicable federal, state and local safety statutes, laws, rules and regulallons. ff Con~ Is fined, assessad
<br />for or required 10 make expenditures to correct unsafe conditions resulting from tha ""'" or omissions of Subcontrac-
<br />lor. its employees, agents or subcontractors, Subcontractor shall ralmbutsa and Indamniry Conuector lor III1y OUCh
<br />lines. assessments or expendilures and for ell olher losses, expanses or damages rasulling tharefrom, ragardlass
<br />01 whelher the existence of such condition is attributable in whole or in P8rt to the fau. or nagOgenee of ContracIor,
<br />Provided, however, that notwithstanding anything elsa COntained in this Section 19 or elsawhere in this Subcontract
<br />Subcontraclor shall haw complete and total rasponsibitily for the sa/a conduct and P8rformanoe of the Work and
<br />the salely of its employees, the employaas of any of hs subconlractors and III1y other P8/SCns Who may be In or
<br />around the Work,
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<br />20. Bonds. Unless expressly provided otherwise In exhibit A. Subcontrector shaJi obtain bonds peyabla to Con.
<br />IractOt, in I.rm and content salisfactory to Contractor, and With surety salisfaotory to Con~,ll8ch in the full emounl
<br />01 the Subcontract Price Cas adjusted by Change Orders), for the faithful Perfonnanca of this Subcontract, Including
<br />Changes or modilications therelc made with or without tha oonsent of t~e surely, and fill the payment of ell labor,
<br />services, malerials and supplies usad or lurnished with respect to tha Work. "The cost of such bond. shaD be paid
<br />by Subcontractor. including any additional premlum. resulllng from inoreasas in the Subcontract Price by Change
<br />Order. Such bonds shall be furnished within Aliaen (15) days of the data first apP88rfng on this Subcontract unrass
<br />Contractor expressly exlends such time In writing. " Subcontraotor falls to provide SUch bonds as and when required,
<br />Conlractor may terminale this Subcontract for default, without lIabWIy to Contractor, and Subcontractor shaI forfeit
<br />any work done or materials furnished pursUant to this Subcontract and be Oabla lor all damages providad by ap.
<br />plicable law, .
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<br />21 (a). Assignment or SubcontraCUng. Subcontraotor shall nor subcontract, assign, sublet or lransfar this SUbcon.
<br />tract, or any Part hereol, except 10 persons, firms or corporations accePtable to Contractor and with the prior wrlUan
<br />Consent of Conlractor. No such consent 01 Contractor shall relaasa Subcontractor from III1y of hs obligations hareunder,
<br />and Subcontractor shall remain primarily liable to Contractor as if no such subcontract, assignment, subletting or transfer
<br />had been made. Any such subcontract, assignment, subletling or transter shaD be aPPfOVed bY Subcontractor's sur..
<br />ty and shall be subject to each and aD of the Provisions of this SUbcontract COnlrector raserves tha rlghl to reject
<br />or remove any subcontractor who has not previously been so approved, A breach 01 any of the provisions of this
<br />SecUon 21 shall be deemed a malerial breach of this Subcontract. Provided, howavar,lhat nothing contained In this
<br />Seclion 21 or eisewhere in this Subcontract shaD create any contractual relationship batwaan the Contractor and any
<br />subcontractors of Subcontractor,
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<br />21 (b). Terms 01 Subcontracts. Subcontraotor shall incorporate into any subconllacts or PUrchase orders with others
<br />all provisions required by law 10 be incorporated therein, and aD provision. 01 this Subconlracl. Provided, tu>waver.
<br />this Subcontract shall neither create a contrectual ralationship betwaan Co~ and III1y of Subcontractor'. sub-
<br />contractors or suppliers, nor between Subcontractor and Owner. ,
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<br />22, Termination, Without limitation of Section 18, or any other prOvision of this Subcontract, In the event that Con-
<br />tractor terminates its contract with Owner for any reason, including, but not limited to, fallure by Owner to furnish
<br />salislaclory evidence that k has made adequate financial arrangements, Contractor may tarmlnate this Subcontract,
<br />and shall not be liable to Subcontractor for breach hereof. Provided, however, that subject to 3(a) Appeals, Subcon-
<br />tractor shall be reimbursed for the actual value of all work and materials furnished prior to the date of such temlnation.
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<br />23(a), Governing Law. The terms and conditions of this Subcontract shall be construed and Interpreted under, and all
<br />respective rights and duties oflhe panles shall be governed by, the laws 01 the State of Georgia, exCOplIo the extant specilfed
<br />otherwise herein,
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<br />23(b). Uliga';,n. Any litigation conceming any of the leon. or condlllnns of this Subconlrect shall be brought In
<br />the Unlled Slates District Coun for the Middle District of Georgie or, II subJect.matler Jurisdiction Is lacking, In the
<br />Circuit Coun of Bibb County, Georgia, which courts shall be lhe e_ive venue for and hlMt exduslve JUrisdlctlon
<br />over any such litigation, Subcontractor and Contractor ,hereby expressly consent to the jurisdiction and venue of
<br />said couns, I ,
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<br />24. Amendment or Modification, This Sub'contract and the provisions hereof may not be amended, or modified
<br />except by a statement in writing. signed by Contractor and Subcontractor, Provided,.however, that this Section 24
<br />shall not limit or affect in any way the right of Contractor to Issue Change Orders pursuant to this Subcontract, Neither
<br />any failure nor any delay on the part of Contractor in exercising any right, power or privilege under this Subcontract
<br />,shall operate as a waiver thereof.
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<br />25, Notices. All notices to be given by either party to this Subcontract must be in writing. A copy of any notice
<br />required to be given to Contractor must be given to Contractor's Project Manager at the following address: _
<br />9500 Ko er Boulevard Suite 217
<br />St. Petersburq, Florida 33702
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<br />Oelivery to Contractor's Project Manager at such address may be matte by personal delivary or mal (first class, POSlage
<br />pre. paid Uniled States mail). Any notice to be given to Subcontractor may be given either by personal delivery to
<br />Subcontractor or by mail (first class, postage pre.paid, United States mal~ to the following acidress:
<br />2 1 N 70th Street
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<br />Unless and unm all of the applicabla requirements abova hava been met, no nolice shaD be deemed to have been glvan.
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<br />26. Entire Contract. This Subcontract contains the entire agreement between the parties and supersedes all other
<br />representations, proposals. understandings, correspondence and agreements, there being no representations,
<br />agreements or. understandings oth~r than those stated he.r~in, No c~urse of dealing, or custom ~r usage of any trade
<br />that varies from or is inconsistent With the terms and conditions of thIS Subcontract shall be binding or have any affect
<br />on thE! panies hereto. The terms and conditions of this SUbcontr~ctshall be binding on the parties hereto and their
<br />respective heirs. executors. administrators, successors and assigns,
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<br />01880M8C
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<br />(7)
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