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(b)If Contractor terminates this Subcontract,he may contract with another to complete Subcontractor's work or complete the work himself and,in either event,may take possession of all materials,supplies,tools and equipment of Subcontractor on the project site to complete the work. The cost of completion shall be deducted from any money due or to become due Subcontractor.Any balance shall be paid to Subcontractor after completion and acceptance by Contractor.If there is a deficiency,Subcontractor shall pay it to Contractor on demand. (c)It Subcontractor fails to pay for materials,labor or supplies,Contractor may pay for them directly without notice to Subcontractor (d)Contractor may retain any sum due to Subcontractor,regardless of default,from any payment due or to become due Contractor including liquidated damages and indemnification losses.Contractor may likewise retain a sufficient sum to protect himself from any claim or demand asserted against him by a third party arising out of Subcontractor's work until it is satisfied. (e)No waiver of a default or breach of any provision of this contract shall be dcemed a waiver of another or subsequent default orbreach. (fl The Subcontractor shall pay all expenses,costs and attorneys'fees for trial,appeal,arbitration or otherwise caused by his default in addition to any loss or damage caused thereby with interest on the total sum at the maximum legal rate.Payment of all or part of the specified items does not relieve Subcontractor of his obligation to perform this Contract. (g)Contractor may notify Subcontractor of his failure to perform any part of this Contract without declaring Subcontractor in def�►ult,and Subcontractor shall correct the failure within 48 hours. If he fails to do so,Contractor may perform the work and deduct the cost from any sum due or to become due Subcontractor. (h)All rights and remedies in this Conn-act are cumulative to each other and any other given by Ixw. 11 It�S tor forrth�r�esu�t f the wUOrk contracted forhas again t the�me hodlused n ac ompl h ng s�aid re.sult�and hishemployees shall betac ount ble Contrac to him and not to the Contractor. 12.Tt�e Subcontractor shal]not contract with the Owner or others on this project without written permission from the Contractor 13 This Agreement constitutes the entire Agreement between the parties and all prior negotiations,documents,memoranda or writing are merged i❑ this Agreement. 14.Upon Contractor's request,Subcontractor shall furnish a schedule of reasonable unit prices for work which may be added to or deducted from this contract.'I'h,�unt of xtra�costs orroredits due t�or fro m tontractor shall be c cula ed as�he product of t exuni pricelscheduled here n and the that the tota number of units ordered. 15.Subcontractor will promptly remove his own rubbish,will repair promptly all damage to public or private property caused by his agents or employees,and will authorize any other subcontractor whose w�o�i as been damaged by his employees to repair such damage promptly and to bill him therefor,which account the Subcontractor agrees to pay p p Y 16.This is a hard hat job.Subcontracto�'s personnel shall wear hard hats. 17.Subcontractor shall not be treated as an emp�oYee for federal tax purposes. 18.Subcontractor agrees to indemnify and hoid Contractor hatmless from all claims,losses,and damages,demands or suits,by any person or persons arising out of or resmit�ed to�bod le nj ryt�death,damage t p opertysand claims of non-payment by subcontractotsWlaUorersudand S PPrnet's nder ths including but not 1 Y contract. This indemnity applies to any negligent act or omission of the Suart of this�A lteemen Th st�ndemnpty al�so PP esd o on pa mpent o abo and Subcontractor,or independent subcontractors who pecform any p 8� materials. 19 Subcontractor expressly guarantees that all work performed un�from the date of the Final Certifi atelApp o al by he Contr ctor o Ar hetec1s in material and workmanship for a period of not less than one(1)y This expressed warranty shall not serve to eliminate any responsibility under the statutes or case law of the State of Florida or as an exclusion to any implied responsibilities. 20 Th�s Agreement shall be governed by the Laws of the State of Florida. 2( Any legal proceeding arising from this Agreement shall be brought only in a court of competent jurisdiction in the county identified in this Agreement. Page 3 of 4 F-1 3 � t