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IN WITNESS WHEREOF, the partieshereto have executed this contract as of the date first above written. ~.,L,r R d~ OBERT R. TURNER (Conrrocror) R & J GENERAL CONTRACTING INC. DAMARRIUS MCCULLOUGWwne~ GENERAL CONDITIONS I. CHANGES IN WORK.- The Owner may at any time, with the approval of the official designated by the Farmers Home Administration (hereinafter called the Representative), make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this con~ract or in the time required for its perfor- mance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner with the approval of the Representative, and the price therefor stated in the order. II. INSPECTION OF WORK.-AII materials and workmanship will be subject to inspection, examination, and test, by the Representative, who will have the right to reject defective material and workmanship or require its correction. III. COMPLETION OF WORK.-If the Contractor refuses or fails to complete the work within the time specified in para- graph B of this contract, or any extension thereof, the Owner may, with the approval of the Representative, terminate the Contractor's right to proceed. In such event the Owner may take over the work and prosecute the same to complet~on by contra.ct or otherwise and the Contractor will be liable for any excess cost occasioned the Owner thereby: and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefor. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and, in lieu thereof, the Contractor may be required to pay to the Owner the sum of S 15 - 00 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided. however, That' the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control. and without Contractor's fault or negligence. IV. RELEASES.-Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness c.onnected with the work have been paid as required by the Owner or the Representative. V. OBLIGATION TO DISCHARGE LlENS.-Acceptance by the Owner and the Representative of the completed work performed by the Contractor and payment therefor by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors. laborers, material. person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING.-Any notice, consent, or other act to be g.iven or done hereunder will be valid only if in writing. VII. ADDITIONAL REQUIREMENTS.- The contractor, in the performance of this contract, will comply with all applicable Equal Opportunity requirements. The provisions of FmHA Instruction 1901-F concerning the . protection of historical and archaeolog.ical properties and the provisions of FmHA Instruction 1940-G concerning environmental requirements apply. The contractor understands that should any archaeolog.ical resources be discovered during the construction process, the contractor will notify the owner and cease further construction activity that could affect the resource until the owner has consulted with FmHA and the contractor is informed of any steps to be taken or told to proceed with construction. VIII. CLEANING UP.- The contractor shall keep the premises free from accumulation of waste materia! and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials and leave the building broom-clean. . IX. BUILDERS WARRANTY.-Upon completion of the work the contractor will; (Check 0 proper warranty clause and effectively xxxxxxxx out the inapplicable clause.) o execute Form FmHA 1924-19, "Builders Warranty". o provide an FmHA-approved IO-year home warranty policy in accordance with Section 1924.9 and Exhibit L of FmHA 1924-6 *U.S. GOVERNMENT PRINTING OFFICE:1997-655-042/40012 - ." ~""''''''p.,~...._'' '. "~~''''''-'''..,.. '4'~"""~':::'::'~_"~~~'-._.'~-:'~-'7:~t;':': . . "