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<br />+:0 th... (::on.t-.~"v~tor ('On tb... ':.H...nt:y--':f.:i.:f:":h (7.5 t.tJ I <:l~.y ot: ...~!'Hl. C...J....O('l"',:1:' mon-.:::n .~ ]c""~{""'.",,~. ,-.,."""
<br />("R,,",q,-,isiti.on") cont:a.ining ",n it'..,.mi~~d gtal:'.<ement.. of~~he ~llb~o~t~ao\:: Work do!,e and
<br />ma.ter.:ialfl fllrnished <I.nd incor.poJ:'3.l:eri, into the Pro:jeet. B;>,ch P...qlU.Sl,t'3;m shall. be :l.n Slll.eh
<br />form a.nd sh;>,ll he supported by sl.1eh info.J::mation, certifieat'?!l!l and docu-ments as t:he
<br />Cont:rf\etor 51u!.11 reql,i.:re.
<br />. 3.04 The Conb::-actor shall P""V to the Subcontract.or, N\ or about the fifteenth
<br />(15th) day of each ca lenda.r mon I::h f'_,11owing the submissi.on of a Requisi tion, ninety per?<;:mt
<br />(90%) of the amOll.nt to which the ~hlbcont:r.:actor is entitled for \-fOrk done a!'ld. mater:tals
<br />furnished and i_ncor.porated into the Project not to exceed the amOl~nts specJ.fJ.ed on the
<br />Requisition submitted for the preceding month. }Olo portion of the Subcontract Pri.ce sJ:1 a lJ.
<br />b~ due unless and until the Contractor has received payment from the owner of the Project
<br />for the work and materials for whi.ch payment has been requested. Further, Contractor
<br />shall not be :r::equired t.o m<'!,k""! any pa,ymenl:: to Subcontract:or on account of any Requisition
<br />at any time that Subcontractor is in default of any of its obligations under this
<br />Suboontract, inchtd-i ng its obligations under Ar.ticle VI.I herein.
<br />3 ^ 05 Final payment of the S\lbcont:.ract Price shall be pa.id by the Contracbn: to thf!l
<br />Subcontractor upon the expiration of thirty (30) d,aysfrom the date of completion of the
<br />Subcontract Work and the Project and acceptance thereof by the owner of the Project.
<br />3.06 Should it tl_ppear at any time that the Subcontra(Jtor, or anyone perfo.rm.ing any
<br />part of the Subcontract Work, hal!'l not paid any amount due .far labor ( materials, equipment
<br />or services supplied in connecti.()n with .the performance of the Suboontract Work, the
<br />Contractor shall have the right , but not the obligation, to pay such amO'lnt to the partie",
<br />to whom .i t j.s due and to deduct such amount from the Contract Price. If all payments then
<br />due hereunder to Subcontractor are less than the amount paid by the Contraotor to any
<br />third party, the Subcontractor shall refl:md such amounts to t.he Contractor upon demand.
<br />3.07 Payments made herel.1nder shall not be evi,d'!!mce of the perfo:r:tt\a.nce of the
<br />obligations of the Subcontrf\ctor under t:h;.s Subcontract, either wholly or. i.n pa,rt:, and no
<br />payment shall be construed to be an accept.ance of the Subcontract Work, or a.ny part
<br />thereof. The acceptance by the Subcontractor of the final payment hereunder sha.ll be
<br />deemed to be a complete and uncondi.tional rP.llease' of any and all existing or fubu:e claims
<br />or demands by the Suboontraotor against the Contr.actor, known or. l~nknown, herel....nder or in
<br />connection herewith, whatever they may be or howsoever t.hey may aril!lle, a:!l ''fel1 as for
<br />every act and neglect of the Contractor and any person or fi.rm for ~7hom the Contractor
<br />shall or may be deemed respom'dble.
<br />3.08 The Suboontract Pri.ce includes a.1J_ Federal ( state, Murdcipal and Local Taxes
<br />inclucUng but not limi. ted to Sales and/or Use Taxes applicable to the perfor.manoe of the
<br />Subcontract Work, all. of which shall be paid by th__ Subcontractor.
<br />IV. INSURANCE
<br />
<br />4.01 The Subcontractor, before beqinning the Subcontract Work, shall procure from
<br />such inl!lurance companies as may be designat,ed by 'the Contractor polici.es with such l.imits
<br />of liability as the Contractor shall defl'.JI\ neoessaryto protect the Contraotor and the
<br />owner of the Project from olai.m under Work~n' s Compensation, Public I.iahi,li ty, Property
<br />Damage, and such other insurance. or cove.rl\qe, as r.equired by the Contraotor or the
<br />contract for constructi.on of the Project between Contracto%:' and the owner of the Project
<br />("Pr.incipal Contract"), i.ncluding ~Tithout limitation cl.aims for damaqes for personal
<br />injury, including dea.th, which f(tay arise fr(lm operations under this Sttbcontra.ct carried on
<br />ei. ther by t..he Subcontractor or by any of its subcontractors. The Subcontractor shall
<br />maintain such policies in full force and effeot until such time as a11 the Subcontract
<br />Work !';:hall have. been entirely completed and accepted Certificates evi.dencing that such
<br />requi.red insurance in e,ffect sha11 be furni.shed by the Suhcontrl!'.ctor to the Contractor
<br />promptly after such insurance has been procured.
<br />4.02 In case of the failure of the Subcontractor to maintain such insuranca and
<br />policies in full force and effect l\S aforesaid, the Subcontractor hereby authorize" and
<br />e-.mpowers the Contractor, l-1ith'':!ut. any not1ce of ;_ b" intf!lnt:i..on so to do, to provide such
<br />required poLicies af insurance and other oovera,ge, on behalf and for the a.ccount of the
<br />Subcontractor and 1:::0 pay any and all. prem.iums due thereon. Subcontractor ~ha11 reimburse
<br />Contractor, on demand, for all .'1ch pr.emiums paid by Contract.Or, l\nd Contraotor may deduct
<br />the aggregate amount o.f such premiml\s So paid by the Contractor from any moneys, which may
<br />be due. or thereafter become due to the. Subcontra.ctor. under this Stlbcontract::.
<br />4.03 The foregoing insurance and cover.age provisions sha11 also be applicable where
<br />t,lle perfo.'l'.1tlan.ce of any of the Subcontract Work involving the use of labor at or on the
<br />site of the Project, shall have been sublet by the Subcontractor. The Subcontractor shall
<br />make no agreement therefor, or ~Tith respect thereto, which does not effectively bi.ndthe
<br />other party thereto to lik__ compliance with the requirements hereof.
<br />4.04 The Subcontractor sha.ll exc1ude a11 Subcontract Work, which m.ay he performed
<br />on or at the site of the Pr.oject, from the coverage of any other insurance, excluding the
<br />inBurance required under 4.01, in force on behalf of the Subcontractor and shall duJ.y
<br />notify such insurers, if any, of the stipu1ation made in this Subcontract.
<br />4.05 The Subcontr3.ctor, by compliance wi.th the foregoing requirements as to the
<br />insur,:,-nce, shall not be relieved from any liab.ili t.y ,.,ha tsoever imposed by the provi.sions
<br />of th.1.s Subcontract or otherwise.
<br />'\\.06 Wi.thollt in any manner limi. tingthe gener8.1 pr.ov1sions set forth above in this
<br />J\.rticle IV, Subcontractor agrees that all of the lnsu.rance policies ~7hich it is required
<br />to main1::,a.in wi_J.l also name as adcli. ti.ona1 insured parties, FRONTIER BUILDING CORP., Owner
<br />and Lender.
<br />V. INDEMNIFICATIONS
<br />5.01. The Subcontractor hereby exculpates and agrees to indemnif.y and hold. harmless
<br />the Contractor and the owners of the Project, and their officers, directors, shareh01ders,
<br />partners, agents, representatives, employees, successors and a,ssigns from and against any
<br />a~d .a1;l claims , ~.oss, .d~ge, costs, l!mi ts, actions, causes of action, expense and
<br />ll.ab1.b_ ty of any k1nd wh.:lch .1.1: or any o.f them may i.nc1.1r, suffer ,sustain or be reqtlired to
<br />pay by reason of the :i.njury or death of any person or the dama.ge to ~ny property
<br />whatsoever, caused or alleged to have been caused by any act lOr om~sgion of the
<br />Q,'1"'_.......'r!......_~...'.........,.,.... ~.,.,,'t1' "",.of' -i,"'~ ""'T'1"'t.l;A"r1l'::: n.,." ~l',l",f""('\n'l"'r.:'''H''''II:'''('''''''~_ n'r "'h~ ~mt'"\lo"'~p.~,. ~f'tf'!llnt~,~ or
<br />
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