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~ yV Subcontractor's employment by delivering written notice of termination to the Subcontractor. Thereafter, the Contractor may take possession of the plant and work, materials, tools, appliances and equipment of the Subcontractor at the building site, and through himself or others provide labor, equipment and materials to prosecute Subcontractor's Work on such terms and conditions as shall be deemed necessary, and shall deduct the cost thereof, including without restriction thereto all charges, expenses, losses, costs, damages, and attorney's fees, incurred as a result of the Subcontractor's failure to perform, from any money then due or thereafter to become due to the Subcontractor under this Agreement. 11.3 If the Contractor so terminates the employment of the Subcontractor, the Subcontractor shall not be entitled to any further payments under this agreement until Subcontractor's Work has been completed and accepted by the Owner, and payment has been received by the Contractor from the Owner with respect thereto. In the event that the unpaid balance due exceeds the Contractor' s cost of completion, the difference shall be paid to the Subcontractor, but if such expense exceeds the balance due, the Subcontractor agrees promptly to pay the difference to the Contractor. ARTICLE 12 - CLAIMS 12.1 All claims, disputes and other matters in question arising out of, or relating to, this Subcontract or the breach thereof shall be decided by Arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be fmal, and judgment may be entered upon in accordance with applicable law in any court having jurisdiction thereof. 12.2 In the event the Contractor and Owner or others arbitrate matters relating to this Subcontract, it shall be the responsibility of the Subcontractor to prepare and present the Contractor's case, to the extent the proceedings are related to this Subcontract. 12.3 Should the Contractor enter in arbitration with the Owner or others regarding matters relating to this Agreement, the Subcontractor shall be bound by the result of the arbitration to the same degree as the Contractor. IJII1 ' 12.4 The Subcontractor shall carry on Subcontractor's Work and maintain his progress during any arbitration proceedings. ARTICLE 13 - PREVAILING LAW This Agreement shall be governed by the law in effect in the state of Florida. IN WITNESS WHEREOF the parties hereto have executed this Agreement under seal, the day and year first above written. ATTEST: ((J~ WITN S SUBCONTRACTOR: MlL~ON.INC. By /l.,-~ DAVID R. SIGNATURE ABLA ATTEST: CONTRACTOR: ~Nco..INC. By CHA ES D. E, PE, PRESIDENT .. -..-.,