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<br />,Dee, 6, 200t10:07AM
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<br />C~~~
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<br />No, 1306
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<br />P. 5
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<br />,..".:.11.... I..,~.......,. ,.^..,~w... . .....". :....:-
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<br />maintain Ilroperly damage insurance con:rage alld insurance to Cover il~ Iiabilily under Article IX. Such insurance C<lveragcs shall be in the amounts
<br />a~ /'equired in the General Conditions of the Principal Conlrnct or in amounts separately appl'oved by thc COlllmclor. The Subcontractor shall furnish
<br />Ihe Contractor with satistilcloJ)' cvidence that such insurance is oblaincd alld is maintained in full force and effect (Appendix "13"), All insunlncc
<br />pOlicies shall contain II provision lhatthe coveragc afforded thercwlder shall not be cancel cd or not renewed, nor restrictive modifications added, until
<br />al lea.~t thirly (30) calendur days' prior written nOlice ha~ been given to the Contractor. No action or failure to acl by the Owner, Architect or
<br />Contnlelor shall eonslitute a waiver of a righl or duty afforded them under the Subcontract or Principal Contract, nor shall such action 01' failure to act
<br />constitute approval or acquiesccnce in II breach thereunder, excepl HS may he specifically agreed in writing.
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<br />Article IX, OBLIGA TrONS TO CONTItACTOR AND OWNER The Subcontmctor furthCl' specifically obligflles it to the Contractor Hnd
<br />Owner, to the extent permitted by htw, to iodemnify, defend l\Ild save harmless the Owner and the Contractor again~t any and all claims, dl\Il1ages,
<br />loss or expenses (including atlorney's fees) by reason of thc liability imposed by htw upon the Owner ancl/or the Contractor for damage because of
<br />bodily injuries, including death at any time there from; accidentally sustained by any person or persons; on accoUnt of damage to property arising out
<br />of or on accOunl of or in consequcnce of lhe performllnce of the Conlntct where such injuries to persons or dl\Il18ge to I,roperty are due or claimed to
<br />be due to any negligence or omission of the Subcontractor, or its officers. directors, agenls or cmployeCll, or of the Contractors. Subcontractors, Sub-
<br />Subcontractors, material men or agents of l:IIIY tier of their rc.~pective employees, The Subcontractor shall protect and imlcmnit)t the Contractor
<br />againstl\J1Y loss or dnmagc suffered by anyone arising through thc Subcontractor's negligcncc or omission, or those employed by lhe Subcontractor
<br />Or the SuhCOrttl1lCIOr'S officers, directors or agents Or of l:IIIY Contraclor or Sub-Subcontractor of thc SubcOnll1lctor; the Subcontractor shull bcar any
<br />cxpense which may have been by reason thereof, or on aCCOunt of being charged therewith, wherein the monet.'U"y limitation on lhc extent of the
<br />indemnification provided herein shall not bc less thlln $1,000,000 per occurrence, and jf there are any 5uch injuries to persons Or property
<br />unsettled for, when the Work hel'ein provided for is finishcd, final settlcment between the Subcontnu:tol" nnd the Contraetor shall bll
<br />deferred untilsllch claims are adjusted or suitJlblc special indempity acceptable to the Contractor is provided by tlte Subcontractor. None of
<br />Ihc provisions shall deprive the Owner or the Conlntclor of any right or remedy othClWise IlVltilable to them at common law.
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<br />Article X, TIME SCrtEDULE Time is and shall be considered of the essence of this Subcontract on the pan of the Subcontractor, llnd in the event
<br />that lhe Subeontraclor shall fail in lhe performance or completion of all or any part of the Work by and at the time or times herein mentioned, or ill
<br />lIecordanee wilh any progress schedules, lhe Subcontl1\ctor shall pllY the Contnlctor all actual damages suffered by the Contractor by reason of such
<br />failure, Thc Contractor may deducllhe same from any SUIlIS otherwise due or to become due to the Subcontractor, or sue for and recover the amount
<br />thcreof as damages for tile nonperforrnl\Ilcc of this Subcontract. Nothing conLHined within Ihis Article X shall be construed to limil any other
<br />remedies pennitted to lhe Contracl.Or by law, Or under this Subcontract, particularly Article V hereof: Furthcr, should Ihe Suheontntclor be delayed in
<br />the performance or completion of the Worle through no fault Oll the part of the Subcontractor such a~ by Cue or other casualty, acts of war or
<br />government regulations, Ihen the time of completion shall be exlended for n period of time equivalent to Ihe time lost by reason of the aforesaid as
<br />delennined by the Contractor llnd provided the Suhconlntctor shall have notified the Contractor in writing within 48 hOIl/'S of the commellCCmCnl of
<br />delay, Further, the Subconll"Hetor's sole remedy shall bc to receive l:III cxtension in it~ scheduled time regardless of the Cause of said dehty and shall
<br />have riD right to receive or collect any damages from the Conlractor for snid delays unless the Conlrnclor ha~ the right to collecl sHid damages from
<br />the Owner and in fact does so collcct said damages from Ihe Owner.
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<br />Article XI. CLEAN.u}> The Subcontractor daily shall clcan and n:move from the job site !IJId premises any dirt and debris caused by the
<br />perfOJ'mance of the Work included in lhis Subconlract and unless otherwise expressly provided herein, upon completion of the Work shall clean,
<br />wash. remove proteclive coatings, etc. and shall leave the Work in a clem and acceptable condition. Should the SubcontnlCtor fail to pettonn such
<br />clean-up Qr fIlii to accomplish any corrective work required by the Contractor 10 thc Subcontrllctor's work to the satisfaction of the Conlractor, the
<br />Contrtlctor shall provide such clean-up serviccs and such corrective work 011 the behalf of the Subcontractor and the Subcontractor agrees to
<br />reimbu/'Se the Contractor for such costs incuITed.
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<br />Article XI[. ASSIGNMF.:NT OF SUBCONTRACT The SubconlractOl' is pruhibited from assigning Or olhClWise delegating or transferring this
<br />Subconlraet, the Subcontractor's duties thereundcr or the ptlymCltts to become due thereunder without the written consent of !he Contractor l\Ild any
<br />Wisignment or other delegation or traru;fer withoul such COnsenl in writing shall vest no right~ in the assignee ilgainst the Conlractor. Thc
<br />Subcontractor shall nol sublet the wholc or any part of this Subcontract wilhout prior written eOllsent of the ContntctoT.
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<br />Arliclc XIII. {:rrANGE OlmF.RS The Conlraetor reserves the right, from time to limc, to make changes. addilions and/or omissions in Ihe Work
<br />as it may deem necessary, upon written urder to the Subcontractor. The value of the Work 10 be changed, added or omitted shtlIl be stated in said
<br />wrinCll order and shall be added to Or deducted from the price. In the event the Conlntctor requesl~ the Subconlrllctor to perfonn said extra Work or
<br />deduetjons 1.0 Ihe Work, the Subcontractor shall submil its quotaliun covering such change wilhin ten (10) days f!'Om dule of such nOlification by Ihe
<br />Contrflclor and such quotation shall include the neec.~~ry supporting del ails to SUpporl its price quollltion. Should lhe parties be unable to llgrec a.~ to
<br />the value ot'lhe Work to be changed, added OJ' ornilled, the SUbcontractor shall proceed with the Work promptly under the wriUen order of the
<br />Colltl'llCl.or from which order the sttlled value of the Work shall be omiued, and the dctermination of the value of the Work shall be madc in
<br />accordance with Ihe methods of handling like disputes between the Owner and the Contli1Ctor as sct forth in the PrinCipnl Contract. 11 is understood
<br />and agreed that payment shall not be made for extra Work until a wrinen Change Order ha~ been issued by the Contractor incorporating addilional
<br />eosl imo the Subcontract J'riec and that the Contractor shall then PIlY the Subcontractor for such exua Work a~ payments are received from the
<br />Owner. However, the Subcontractor shall not be entitled to puyment for l:IIIY cxtra Worle unless and until the Contractor has reccived such extra
<br />paYllIenl from the Owner, and the Subcontractor shall nOI be entitled to l\IlY payment for extra Work in e..~cess of thc amount paid by the Owner to the
<br />Contractor for such Work, In the case of omitted Work, the Contractor shllll have the right to withhold payments due Or to bceome due 10 the
<br />Subconlractor an amount which, in the Contractor's sole opinion, i~ equal to the value of such Work until such timc a~ the valuc thereol"is determined
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