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<br />Dee, 6. 2007_10:06AM
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<br />No, 1306
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<br />p, 4
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<br />JI.n""I_-t ..~.._:"...,. ~_,_,...~. . .t',...... :,'":,,,
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<br />and take posse.~sion for the purpose of" complcting the Work included in this Suhconln1ct, of all malerials, tools and appl illl1ces thereon, and to engage
<br />any other Ilerson or persons to finish the Work lIIld to provide materitlls therefor. In case of such tel'lllination of the Subcontractor, the Subcontractor
<br />shall not be cntitle(( 10 receive lIIlY further paymenl undcr this Subcontracl until the Work shall bc wholly finishcd, at which time, if the unptlid
<br />b~lhmcc of the !lI11ount to bc paid under this Subcontract shall cxceed Lbc expense incurred by Lbc C..ontrtlctor including lIIl Overhead Fee of len percenl
<br />(10%) of ils costs in finishing the Work, such exCess shall be paid by the ContrilCtor to the Subcontractor, but if m1ch expense shall exceed such
<br />unpaid bal8llce, then the Subcontractor shall pay the difference to the Contractor, The expense incuI'red by the Contrnctor shall include ill addition to
<br />the items specified lIbove, any damages, cxcc.~s cosls to other subcontrnclors and. legal fees or court costs incurred through the default of Lbe
<br />Subcontractor, Further, if the Owner cancels or terminates the Principal Contract. this SUbconlract shall temlinate automatically and the
<br />Subcontractor's sole remedy shall be to receive frOttllhe Contl'llclor the amount which lhe Contractor is paid by thc Owner for the Work pClformed by
<br />the Subcontrllclor prior to Ihc time of said cancellation or termination,
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<br />Article VI. APPLl CA TION ""OR P A YMF,NT On or before the 20TH of each month, the Subcontraclor shall submil to the Contractor, in thc form
<br />required by the ContractOl', II written .'equisition for payment showing the propoJ1ionnte value of!hc Work projected through the 25th of the month,
<br />from which shllll bc deducled, a reserve of Ten Percent (10%) or other reserves as indicated by the Projecl Specifccalions, all previou.~ pllymcnl~, and
<br />all other chargc.~ for material or services furnished by Lbc Conlractor to Or chargeable to the Subcontractor, IUId thebahmce of the amount of said
<br />relluisition, when approved by dIe Contractor and the Architect, shtlll bc paid the SUbCOlllractor when reccived by Lbe COlllractor from the OWner.
<br />The Subcontractor. promptly upon execution of this Subcontrncl, shall submit a detailed breakdown of the VlIriOUS parts of the Work covered hcrein
<br />showing mOnell:lry value of each item by labor IUId material and ;'111 fom, acceptablc to the Contractor, This schedule shall be LlSed only as II basis of
<br />cheCking and accepting the Subcontractor's monthly requisitiOl\S,
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<br />The Contractor may Ildvance the dates of lUIy payment (including the fcnnJ payment) of the SubContract Price, if, in its sole judgment, it becomcs
<br />desirablc to do So. PaYlllenl of reserved amOunts shall be made to the Subcontractor Upon the complelion and ilCceptance of the Work. and Upon
<br />receipt of payment hy the Contractor from the Ownel' as provided for in the terms and provisions of the Principal Contract.
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<br />Prior to final pllyment, and prior to monthly progress paymen15 if required by thc Contractor, the Subcontractor shall execute and deliver to the
<br />Conrractor. It rclease Or relca.~s in fomlS snlisfactOry to Contractor, and an agreement holding the Contractor llnd the Owner free and harmless from
<br />all Claims arising out of or in connection with the Subcontrncl inclUding without implied limillllion, Clllims with respect to or as It result of allcged
<br />defects in workmanShip or materials. Ifat any time there shall he evidcnce of lIIlY lien, clnim for lien or claim for which if CSlllblished, Lbc Contractor
<br />or the Owncr might become linblc and which is chnrgeable to the Subcontractor, or if damage Shall be caused by the Subcontractor to other work, the
<br />ConlraclOl' shall have the right to rell\in out of any payment thell duc or thereafter to becomc due to the Subcontractor. lm amount sufficient to
<br />indcmnify ilself and the Owner for any loss or damage, inclUding legal fees and other disbursements, which either may sustain in discharging such
<br />lien or claim. Should there prove to bc any such claim after all payments are made, the Subcontractor shalll'eimbursc to the Cont/actor all moneys
<br />that the Contractol' or the Owner shall pay in dischllfging sllch lien Or on claim against such premises Imd all expenses incurred in connection
<br />therewith. No Pllymcnt made under this Subcontract shall be conclusive evidence of the pertormancc ofLbis Suhrontraet, cidler wholly Or in part, and
<br />no payment including final payment shall be con.~ed to bc an tlCccptance of defective work 01' impropcr mlUerials, nor Sllflll entl'aI\ce and use by lhc
<br />Owner constitute lll;ccptance of the Work hereunder or any pIlrl thereof:
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<br />Articl<l VII. OBLIGATIONS TO PIUNClJ>AI. CONTRACT The Subcontractor assumes llnd agrees to pcrform. as to the Work coverc<J by the
<br />Subcontract Documents. all obligations placed upon the Contractor in the Principal Contract, the Plan.... Specifications. Gcncral Conditions and
<br />Provisions mentioned in Article I, which Principal Contract, Plans Specifications and General Conditions lire hcreby incorporated by reference and
<br />made a pan hereof tn the evcnt of ambiguities or col1trndiction bel ween such documents lIIld the provisions ot'the Subcontlllcl, the Subcontract Shall
<br />take precedcnce, Thesc documen~ have bccn available to SubcontJ'llctor prior to the cxecution of this Subcontract and shall remain available at all
<br />rellSonable times at the job site and III the principal office of the Conlractor. failure by the Subcontrnclor to requesl copies of documents or to review
<br />same shall not excuse non-compliance by thc SUbcontractor, Should there be an inconsistency between the Subroll1rnct Documents and the othel'
<br />documents ouUined in this Article VII, 0" betwecn the Subcontract and its Appcndices or among the various Appendices. it shall be lhe duty or lh(~
<br />Subcontractor to so notify the Contractor in writing within threc (3) working days of Subcontraclor's discovery thereof. Upon receipt of such notice.
<br />the Contractor shall instnlct dle Subcontractor lIS to the measures to bc taken lIIld the SUbcontractor shall comply with the Contractor's instructions.
<br />If the Subcontl'a.ctor perfol1lls Work knowing it to be contrary to any applicable laws. slatutes, ordinances, building codes, rules or regulations without
<br />noticc to the Contractor and advance appro VIII by the appropriale authorities, inclUding the Contractor, dlell the Subconlractor shall assume full
<br />rcsponsibility for such Work and shall b~r all a.~~ocillted costs, charges, fees and expenses necessarily incurred to remedy the violalion.
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<br />Article VIII. RESrONSIBJLlTY. LIAR(LITY AND INSURANCE The SUbCOntraclor hereby assumes entirc responsibility and liability in and
<br />for an)' and nil dtlmage or injury of any kind Or nature whatsoever to all persons and to all property growing oul of or resulting frOm thc act or
<br />omission of the Subcontractor ill the perfomtllncc of the Work provided tor in this SUbcontract, The SUbconlrllctor is an Indcpendent Contractor in
<br />the perfonnance of this SUbConlraet and shall use its bc.~t care, skill and diligence in supervision and directing the Work. The Subconlrnctor .~hall
<br />hllVC rcspOllsibilily and control over the perfonnancc of the Work, including the con:;tructioll methods, teclmiques. means AIld sequences for
<br />coordimding and completing lhe variOlls portions ofthc Work, unless the Subcontract gives o!hcr specilic instructions concerning these mailers. "I1le
<br />Subcontractor shall at all times en10rcc strict discipline lmd good order among its employees and shall not employ on the Work any unfit person oj'
<br />anyone nol skilled in lhe task assigned to him. The Subcontractor shall give all required notices and comply with all applicllblc rules, regulations.
<br />orders and other lawful requirements (inclUding the safely progr!ll11 institutc:d by the Contractor, which program re<ruireme'lts lIfC set forth in
<br />Appendix "E" hereto) cstablished to prevent injury. loss or dllmage to persons Or propc:ny, The Subcontractor shall provide and maintain WOl'ke~'
<br />Compensation Insurance for the proteclion of its employees, a.~ requircd by law. It shoJI provide nnd maintain public liability insurance for pe~onal
<br />injury, incloding death. suffered by persons other than employees, which may arise [rom operations under Lbe Subcontract and also shall provide alld
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