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this Subcontract. Subcontractor shalf not be entided lo any increase in the Subc:ontract Price,adj�usiment of
<br /> the Schedule, or any other consideration as a result of any such ambiguity, inconsistency, or omission,
<br /> unless 5ubcontractor has notified Contractor of the same in writing,prior ro the date tirst appearing on this
<br /> Subcontract.
<br /> • 1(c). Site Coudrtio�rs arid Existi►rg Work. Subcontractor represents that prior to execution of this
<br /> Subcontract it has inspec;ted the Project site and that there are no conditions that prevent or hinder the
<br /> performance of the Work by Subcontractor. In addition,Subcontractor,before proceeding with any of the
<br /> Work,shall accurately check and verify all existing work done by Contractor ot others that may in any way
<br /> be related to the Work (includin�, but not limited to, field measuring all existing work) to determine
<br /> whether�ny nonconformities or discrepancies in said existing work will or may adversely affect the Work.
<br /> Upon the failure of Sulx;ontractor ro so check and verify all such existing work, or upon the� failure of
<br /> Subcontractor to detect and disdose any discrepancies or nonconformities in said existing work, or upon
<br /> the failure of Subcontractor to report [he same to Contractor, in writing,before commencing any part of the
<br /> Work, Contractor shall be relieved of flny And all respansibility for the same, and Subcontrac�or shall be
<br /> liable for all resulting dumages, costs and expenses arising as � result of any discrepancies and
<br /> nonconformities which were or should have been discovered by Subcontractor.
<br /> I{c!), Sr�bnrittals. The approval by Contractor,Owner, Architect or Engineer of any submittals of
<br /> Subcontractor (indttding but without limrtadon, shop drlwings) shall not relieve Subcontractor of liability
<br /> for any deviations from the requirements of this Subcontract or the Prime Contract, unless any such
<br /> deviation(s) is specified as such and the deviation is described in full by Subcontructor in such submittal
<br /> nnd is expressly approved by the Co�itractor in writing. The stamping of any submittals"Approved" or the
<br /> fike shall not ulone suftice to approve�ny deviation.
<br /> 2(rr). Price. Contracror agrees to pay SubcontrACtor for the performance of the Work the sum of
<br /> Thirtv-two thousand eiaht hundred fiftv-four and 00/100 Doilars (�32 854 0(1 F S S T Incld) (the
<br /> "Subcontract price"), subject to increase or decrease only as expressly provided in this Subcontract. If
<br /> the Prime Contract calls for payment to Contracror in installments, the Subcontract price shall also be
<br /> payabfe in installments, t�s performance progresses, said progress payments to be based upan periodic
<br /> estimates of the perccntage of the Work performed prior ro the date of the estimate Gstimates are to be
<br /> prepared by Subcontracror, submitted to Contractor's Project Manager by the 20th day of each month,and
<br /> may be approved or dis�pproved by Contractor. All estimAtes,whether periodic or final,must be approved
<br /> by the Job Superintendent prior to submission to Contractor's Project Manager. Subcontractor's estimates,
<br /> if approved by the Owner, shall be incorporated in Contractor's estimate ro the Owner. AU estimates are
<br /> subject to audit, and if Contracror in its sole discretion has any doubt concerning the accuracy thereof,
<br /> payment therefore may be withheld. Contractor's withholding of monies from Subcontractor shall be
<br /> inrerest free Contracror shall make payment to Subcontraetor on �ny progress payment not mcare than ten
<br /> (10) days after receipt by Contractor of payment from Owner for that portion of the Work covered by the
<br /> progress payment. The acceptance of any progress payment by Subcontractor shall constitute a release of
<br /> Contractor from any and all other liability, except reta�nnge, due ro 1ny re��son, arising or incur:red during
<br /> the payment period
<br /> 2(a)1 Payrne►tts to s��bcontractor. As a condition to the obligation of Contractor to make any
<br /> periodic or final payment hereunder, Subconq•actor shall furnish their fully executed Subcontr�ct
<br /> Agreemen�, including, but not lintited to, all related Exhibits,Attachments,and required documents,and a
<br /> current Certificate of Insurance, in accordance with Section 1I(a) of this Agreement. Receipt of all
<br /> executed documents is an absolute prerequisite to Subcontractor receiving the first and any subsequent
<br /> payments for work perfarmed under this subcontract.
<br /> 2(b). Retaiiinge a►id Witltlroldi►ig. Contractor shall retain Ten percent( l0 '%) of each
<br /> progress payment �mtil final paymeni is due �s provided herein. In addition to such retain�ge, Contractor
<br /> may withhold part or all of any progress or finul payment to the extent of any of the following: (i) Any
<br /> failure by Subcontractor to prove through suitlble evidence that each of its subcontractors, suppliers, and
<br /> I�borers has been paid in full for all labor, services, materials, and supplies used m, or furmshed for,
<br /> performance of'the Work through thc date of the applicable estimate; (ii) Any reduction uf payment by
<br /> Owner to Contractor for reasons attributable to the Work; (iii) Any work unacceptable to the �ontractor,
<br /> Owner. Architect, or Gngineer; (iv} Any third party claims against Contractor arising from the Work or
<br /> i306-t5-3oo
<br /> Pagc 2 of l3
<br /> Subcontr.�cl Agreemcnt(Long Fomt)
<br /> Rcvised 06/OS/10
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