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TERMS AND CONDITIONS
<br /> 4. Supplier shall be fulfy accountable For lhe(ull pertormance o(his phase oC the work on the project and shall perform his work In a workmanllke
<br /> manner to the satisfaction af Contractor and the Architect or Engineer according io the true intent and meaning oF the generel conditlons,plans,
<br /> specifications and contract documents,and in the event of any doubt or questlons arising respecting the same,the decision of the Architect or
<br /> Engineer shalt be final and conciusive.
<br /> 5. Supplier admfts that said pians and specifications are sufficient for their intended purpose and that the work can be successFuily and completely
<br /> e�cecuted Iri accordance therewith,without any additional cost to Contractar or the Owner.
<br /> 6. No changes in the woric or adjustments to contract price shall be made unless previousty approved In writing by Contractor.
<br /> 7. 5upplier will prompfiy begin sald work as soon as requesfed by Contractor and will carry forvrard and complete th�:work as rapidly as Contractor
<br /> may judge that fhe progress of fhe project will permit. Should Supplier neglect to prosecute the work properiy,or fail to perfarm any provislan oF this
<br /> contract,Contraclor,aRer�48 hours notice ta Supplier,may,without prejudice to any other remedy he may have,mak�e good ihe deficiencies and
<br /> may deduct the cost thereof from any payments due Supplier,or,at its optlon,Contractor may terminate this confract and take possesslon of al1
<br /> materials,tools and appfiances and finish the work by such means as ft see fd. If the unpaid balance of the contract price exceeds the expense of
<br /> finishing the work,such excess shall be paid to Supplier,if such expense exceeds the unpaid balance,Suppiier shalq pay the di(ference to
<br /> Contractor.
<br /> 8. Suppiler shali not cause any unnecessary hindrance or delay to other contractors or subcontractors on said projec;t,and shall be responsible for
<br /> all damages done to the work of such other contractors or subcontractors by his employees. Suppller shall cooperate with Contractor and all other
<br /> contractors and subcontractors on the projecE to avoid complicaEions and ensure first class workmanship in every respect.
<br /> 9. 5uppiler shali at hls expense apply fo�and obtain all necessary permits(unless otherwise stated in the specifications}and shall conform strictly
<br /> to ail applicable codes,rufes,laws and ordinances inc{uding attached ExhibiE 8(Compliance with Irnmigrafion Laws).
<br /> 10.Should the proper,wortcmanlike,and accurate pertormance of any work under thls confract depend in any way upon the like pertormance of any
<br /> war}c by another cantractor or subcontractor on said project,Supplier agrees to use all means necessary to discover any defects in such other's
<br /> wark and report ihe same In writing to Contractor before proceeding wiih his work whlch is so dependent;and Contractor shall have a reasonable
<br /> time to remedy such defects.
<br /> 11. Shauld Contractor discontinue lhe erection of said project on accaunt of the Owner or their agents falling to comply with their contract wiih
<br /> Contractor or(or any alher cause not lhe fault of Contractor,then Supplier shall upon written order,discontinue work(or such iime as may be
<br /> required by such cause,and shall not praceed again until requested by Contractor,but should such suspenslon be continued and the project not be
<br /> completed by Contractor,5upplier shall be entitied to payment onty tor so much as said work as he pertormed or finished,at such price as said woric
<br /> is worth in propoRion to the total worlc to be done under this co�tract,at this contract prica. This Provision shalf not prevent the Supplier from
<br /> claiming any damages which ha mlght have against the Owner by virtue of sucfi suspe�sion or cancellaUon. Shoutd Suppller be delayed on account
<br /> of material to be furnished by Contractor,or any other delay caused by Contractor,the same shall not be grounds for Suppiier to claim damages or
<br /> exira compensation.
<br /> 12. During progress of the work Supplier shall reexecute any worlc that fails ta conform to the requirements of the pl�ans and specification,and
<br /> Suppfier shall remedy any defects due to faulty materials or worfcmanship wfiich appear within a period of one year or as ofherwise specified From
<br /> the date ot completion of the project.
<br /> 13. Suppfier shall comply with all saFety requlrements,statukory or othenvise,State and Federal,applicable to hls wc,rk,including the Coniract Work
<br /> Hours and Safety Standards Act and regufations thereunder,and shall indemnify and hold Contractor harmless for any loss incurred as a resutt of
<br /> Suppliets failure to comply with any such safety requirement.
<br /> 14. Supptler shall fully indemnify and save the Contractor harmless from any and ai1 loss,damages,claims,actions and a11 IegaE and ofher
<br /> e�ensES relafing to the defense thereof,arising dlrectiy or indirecfiy aut of the acts or omissions of the Supplier,ifs�gents,employees,assigns,
<br /> suppliers or subcontractors.
<br /> 15. Supplier shall when requesfed by Contractor,report the general progress of the work at the project or elsewhere,and he shall fumish a
<br /> competent represantative vrho is to be kept constantty on the grounds while the Suppifers work is In progress to represent Supplier for the purposa
<br /> of receiving notices,orders and instructians.
<br /> 16. Supplier shall fumish to Gontractor,on request,waivers of lien(or all of his laborers and materiai men prior to each month's payment and in the
<br /> event Suppller does not pay its material men or laborers,Contractor is authorized to make payments directly to such material men or laborers and
<br /> deduct such paymen#s trom amounts due ta Supplier
<br /> t 7. Supplier shall malntaln insurance during the progress of the work covering 1)Worlanen's Compensation and Oc:cupational DlsPases;2}
<br /> Employer's Llability with limits of at feast�25,004.W per accldent;3} Comprehensive General Liabilify,including Praducts,Contractual,and
<br /> Protective coverages,with limits of at least St Q0,000.00 per persen,$200,000.00 per accident for bodily inj�ry,and$100,000.00 per accident for
<br /> property damages;4)Automobile Liability,coverirtg owned and naowned vefiicles,with limits of at leasf$t 06,OQO.Ot?l�266,�00 00/$lOQ,000.00 or
<br /> as other�vise raguired by specification. Supp:ier sha{l,upon Contractors request,file with Contractar Certi(icates ot insuranca evidencing the above
<br /> required crnerages.
<br /> 18. Contractor agrees to provide utilikies to the proJect;safd util'dies must be extended by Supplier at his expense for his use. Supplier shap provide
<br /> a1 this own expense all ladders,scaffolding,implements,equlpment,apparatus,molds,models,hoisting and all other things necessary far the due
<br /> perfoRnanc2 of his phase oi the wo�1c.
<br /> 19. Supplier agress to maintain that part of the pro]ect upon which he�s working reasonabty ciean at all times,and it'Supplier fails to clean up
<br /> torthwith after receiving notice irom Contracior so ta do,Confractor may clean up the sald premises and deduct the cost o[said clean-up from any
<br /> paymenis due Supp�ier or ofherwise recover ihe cost ot said clean-up from 5upplier.
<br /> 20. Supplier shaU nat assign this contract wiihout the prior written consent of Contracfar.
<br /> 21. Contractar shall have the right at any time to require Suppfier to fumish bond cavering the fafthful pertormance af thls contract. Unless
<br /> otherwise agreed,the premium for such bond shell be pald by Contractor. If a bond ls required by Contractor subsequent to the signing of this
<br /> agreement,and supplier Is then unable to procure such bond,this cantract may at the optlon of Contractor E:e cancelfed forlhwithout Contractor
<br /> being liable for damages to Suppller iher2o(.
<br /> 22. Supplier and his employees shall not be deemed or canstrued to be employees of Gontractor and shall not he entitled to any benefils of
<br /> Conkracto�s employees such as Workmen's Gompensation,Unemployment Compensation,group insurance,vacatlon or pension rights.
<br /> 23. Supplier shall be fulty responsible for the payment,respecting his employees of a11 state and federal i�ces(or unemployment insurance and
<br /> social security benefrts,now or hereafler imposed,and to comply with all relafed requirements,and shall Inderrusity and save Conlractor harmless
<br /> wiih respect thereto.
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