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7• Subcontractor agrees to be bound to the contractor by all of the terms of the agreement between the Contractor and the Owner and
<br /> by the Drawings and specifications, and to assume toward the Contractor all of the obligations and responsibilities that the
<br /> Contractor by those instruments assumed toward the Owner
<br /> 8. The Subcontractor shall maintain at his own cost such insurance as will protect him from claims under the Worker's Compensation
<br /> Law of the State in which the work is being performed and also Public Liability and Property Damage insurance in such amounts
<br /> and for such coverage as required by Contractor Prior to commencing work, the Subcontractor shall have his insurance company
<br /> or companies, which are acceptable to the Contractor, execute a Certificate of Insurance form and file a copy of same with the
<br /> contractor, and should the Subcontractor fail or neglect to provide the required insurance, the Contractor shall have the right, not
<br /> the duty, to provide said insurance and deduct from any money that may be due or become due to the Subcontractor any and all
<br /> premiums paid by said Contractor for and on account of said insurance
<br /> 9 Subcontractor agrees to indemnify and hold contractor, owner, and architect, and their respective owners, partners, members,
<br /> shareholders, directors, officers, employees, agents, servants, and representatives (collectively "Indemnified Parties") harmless
<br /> from and against any and all losses, expenses, demands, claims, damages, proceedings, or causes of action, whether at law or in
<br /> equity, arising out of or alleging any bodily injury, (Including, but not limited to, death) property damage, or economic damage
<br /> actually or allegedly by Subcontractor It is expressly agree that the foregoing indemnity shall include, without limitation, the
<br /> indemnity of the Indemnified Parties against any claims arising out of or relating to the actual or alleged negligence or gross
<br /> negligence �f an indemn�fied party, either solely or in cumbination with the negligence or other liability of Subcnntractor and/or
<br /> others. Subcontractor agrees to defend any suit or action brought against an indemnified party based on any such injury or
<br /> damage and to pay all costs and expenses in connection therewith or resulting there from, including, but not limited to, attorney's
<br /> fees, pre-judgment and post-judgment interest, appeal bonds, and supersedes bonds.
<br /> 10. Subcontractor shall not let, assign or transfer the Subcontract or any part thereof, or any interests therein, without the written
<br /> consent of Contractor
<br /> 11 Subcontractor will pay all social security and other taxes imposed upon him, as an employer in connection with the performance of
<br /> this Subcontract, will furnish evidence, when required by Contractor, showing that all such payments required to be made have
<br /> been paid. Subcontractor shall pay all local, state and federal taxes in connection with his work, and charges for all utility services,
<br /> including water and power, used by him in performance of his work.
<br /> 12. Payments othervvise due may be withheld by Contractor on account of defective work not remedied, claims filed, reasonable
<br /> evidence indicating probability of filing of claims, failure of Subcontractor to make payments properly to it's subcontractors or for
<br /> material or labor, or a reasonable doubt that the subcontract can be completed for the balance then unpaid. If the said causes are
<br /> not removed, on written notice, contractor may rectify the same at Subcontractor's expense.
<br /> 13 Subcontractor will save and keep the building or buildings referred to in this subcontract and the lands upon which they are situated
<br /> free from all mechanics liens and all other liens by reason of his work or of any materials or other things used by him therein. If the
<br /> Subcontractor fails to remove the lien by bonding it or otherwise, the Contractor may retain su�cient funds, out of any money due
<br /> or thereafter to become due the Contractor to the subcontractor, to pay the same and all costs incurred by reason thereof and may
<br /> rectify the same at Subcontractor's expense.
<br /> 14 Subcontractor shall submit an invoice as a requisition for payment which will be processed and paid within 10 business days from
<br /> the date the invoice is received. As a condition of payment, Contractor may require lien waivers from Subcontractor as required by
<br /> the Owner
<br /> 15 Subcontra�tor wiil ciean up and 'naui away all debris occasioned �y work done by him hereunder and will leave the building and
<br /> premises clean insofar as the work perFormed under this agreement is concerned. If, after 24 hours notice by the Contractor's
<br /> representative to the Subcontractor's representative at the site of the work, the subcontractor has not diligently proceeded with the
<br /> clean-up as outlined in this paragraph, then the Contractor has the right to proceed with the clean-up work at the Subcontractor's
<br /> cost and expense.
<br /> 16 Time is of the essence of this Subcontract and any breach of same shall go to the essence thereof, and Subcontractor, in agreeing
<br /> to complete the work within the time herein above mentioned, has taken into consideration and made allowances for all the
<br /> hindrances and delays incident to his work.
<br /> 17 If the Subcontractor at any time shall refuse or neglect to supply adequate and competent supervision, or a sufficiency of properly
<br /> skilled workmen or of materials of the proper quality or quantity, or fail in any respect to prosecute the work with promptness and
<br /> diligence, or fail in the performance of any agreement on his part herein contained, the Contractor shall have the option, after 24
<br /> hours written notice to the Subcontractor, to provide any such labor or materials and to deduct the employment of the Subcontractor
<br /> on said work and to enter upon the premises, and take possession of all materials or appliances, of any kind whatsoever, thereon
<br /> and to employ any other person or persons to finish the work and to provide the materials therefore, and in the case of such
<br /> discontinuance of the Subcontractor he shall not be entitied to receive any payment under this Subcontract which might otherwise
<br /> be due him, until the said work shall be finished and payment in full therefore shall be made by the Owner to the Contractor, at
<br /> which Subcontractor's work, such excess shall be paid by the Contractor to the Subcontractor, but if such expense shall exceed
<br /> such unpaid balance the Subcontractor shall pay the difference to the Contractor Subcontractor agrees not to assign any monies
<br /> due or to become due him hereunder Whenever any monies are expended or costs or expenses are incurred by contractor on
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