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<br />ATTACHMENT <br /> <br />Bid/Contract Documents <br />(Plans, timelines, cost breakdowns and specifications included in bid packages to become part of the <br />Agreement) <br /> <br />CONTRACTOR HAS HAD AN OPPORTUNITY TO REVIEW SUCH PROVISIONS WITH <br />CONTRACTOR'S ATTORNEY. <br /> <br />ARTICLE IX MECHANICS AND MATERIALMENS LIENSIBOND OF INDEMNIFICATION <br /> <br />9.1 Contractor shall make timely payment to all Subcontractors and suppliers. If Contractor <br />desires to withhold payment due to a claim by Contractor against a particular Subcontractor or supplier, <br />Contractor shall obtain a payment bond in form, and from a corporate surety, mutually acceptable to <br />Owner and Contractor, whenever any lien is affixed, attempted to be affixed, secured or claimed against <br />the Project. Such bond shall be payable to the lien claimant, describe the Project referred to in the lien <br />with sufficient clarity to identify the lien and be of a dollar value at least equal to the amount claimed <br />under the lien. <br />9.2 Contractor shall not allow any proceeding to be brought against the Project to establish, <br />enforce, or foreclose any lien, or claim of lien. Contractor will indemnify, defend and hold Owner <br />harmless from and against any claim by any Subcontractor or supplier of Contractor. <br />9.3 Final payment shall not be due and payable until Contractor has delivered to Owner lien <br />waivers covering all material and labor included in the Work, including lien waivers from all <br />Subcontractors and material suppliers for all material and labor, (or evidence that any such claim has <br />been bonded against as permitted above). If any lien remains unsatisfied after any payments have been <br />made (and has not been bonded over as permitted by Section 9.1 above), Contractor shall refund to <br />Owner (or Owner may deduct from any outstanding unpaid Project Sum), those sums necessary to <br />discharge such lien, including costs and reasonable attorneys fees. <br /> <br />ARTICLE X PROTECTION OF PERSONS AND PROPERTY <br /> <br />10.1 Contractor shall be responsible for initiating, maintaining and supervlSlng all safety <br />precautions and programs in connection with the Work. Contractor shall take all reasonable precautions <br />for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to <br />employees or Subcontractors on the Project and other persons who may be affected thereby. Contractor <br />shall take all reasonable precautions to protect, and shall be responsible, at Contractor's sole cost and <br />expense, for any damage, destruction or loss (including theft) of all materials and equipment to be <br />incorporated in the Project, while within the care, custody or control of Contractor whether in storage <br />off site, in transit, or at the Project site, and other property at the Project site. Contractor shall at all <br />times have and maintain a list of equipment and inventory under Contractor's possession and control, <br />whether on or off site such that any lost, damaged or missing equipment and materials can be identified <br />as such. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of <br />any public authority having jurisdiction for the safety of persons or property or to protect them from <br /> <br />128770 <br />Form <br />4400158 <br />5/04 <br /> <br />GC <br /> <br />