|
case under any such law,or consent to the appointment of a receiver,liquidator,assignee,custodian,trustee
<br /> or sequestrator(or other similar oft7ci11)of Subcontrlctor, make any general assignment for the benefit of
<br /> ' creditors, fail generally to pay its debts as they become due or take uny corporate or other action in
<br /> furtherance of any of the foregoing,or(3)Subcontrlctor becomes involved in any labor d�fficulties that in
<br /> the opinion of Contructor may impecEe or slow the Work,or(4}Subcontractor otherwise breaches or fails to
<br /> perform any provisions or requirements of this Subcontract (the occurrences described in {f) ��hrough (4)
<br /> next above being hereinafter referred to as an "Event of Default" or collechvely, "Events ot Default"),
<br /> Contractor may, without iiotice (or if notice is required by Inw, then after twenty-four (24) hours' written
<br /> notice sent ro Subcontractor at the nddress set forth herein below) proceed to do any one or rnore of the
<br /> following: (a) without affecting the other provisions of this Subcontract and without notice to any surelies,
<br /> Cantracror may, but shall not be obligated to, t�ke such �ctions as it deems necessury to cure the Event of
<br /> Def�lult, in which case Subc;ontr�ctor shall be liable tv Cvntractor for the costs thereof, and any such costs
<br /> may be deducted f�rom any amount then or thereafter owing to Subcontractor;(b) terrninate the Subcontract
<br /> for defau{t; or (c) seek specific performance of Subconu�acror's obligations hereunder, it bein�;agreed by
<br /> Subcontractor tl�at specific performance may be necessary to avoid irreparable harm to Contr�actor and/or
<br /> Owner.
<br /> l8(b). Co►rtrnctor's Optioas. In the event of termination for default, Contractoi may, at its
<br /> oplion, do one o� more or all of the following: (t)enter on the jobsite and take possession,for the purpose
<br /> of completing the Work, of all supplies, tools, materit�ls, work-in-progress, finished Work t�nd such other
<br /> items as have been purcltased, fabric�ted, constructed, acquired or used by SubconU�actor in performance
<br /> of,or for the performing of,the Work,(2)require Subcontractor to assign to Contractor(and Subcontractor
<br /> hereby agrees to so assign) any or all of Subcontracror's subcontracts or purchase orders involving the
<br /> Work, or(3)either itself or through others complete the Work by whatever method Contracro� may deem
<br /> expedient. Subcontractor shall not be entided to receive any further payment until the Work shall be fully
<br /> completed,accepted by the Owner,und Contractor has been paid therefore by the Owner. At such time, if
<br /> the arnount of any damages and expenses suffered or incurred by Contractor as a result of the termination
<br /> or default shall exceed the unpnid balance of the Subcontr�ict price,then Subcontractor shall pay Contractor
<br /> the�mount of the difference.
<br /> !8(�). C.inbility for Co�ttrt�ctor's Danenges. No action by Contractor shall relieve SubconU'actor
<br /> from liability for any dAmages, including, but not limited to,damages for delay. sustained by Contr�ctor as
<br /> a result of a��y Events of Default. Upon the occurrence of an Event of Default hereunder.Contractor may
<br /> employ attocney(s) to enforce any provision of this Subcontrlct, to collect damages for such Event of
<br /> Default and ro recover on any Uond herein mentioned, and Subcontracror and its surety agree to pay
<br /> Contractor such reasonable attorney's fees and expenses as Cantractor may incur with respect tht�reto.
<br /> 18(d). F.xpenses and Altorney's Fees. Subcontractor shall be responsible and liable for all costs,
<br /> disb�usements,�nd expenses, including atrorney's fee,incurred by Contractor{a)as a result of Contractor's
<br /> pursu�ng any extra, change, addition,claim, or dispute against any other party on behalf of Sutx;ontractor;
<br /> (b)as a result of Subcontractor's breach or threatened breach of any term or condition of this Subcontract.
<br /> 18(e). Rentedies Ctr»trrlative The rights and remedies granted to Contractor purs�.iant to this
<br /> Section 18 and the other provisions of this Subcontract shall be cumulative and are not intended to be in
<br /> lieu of any legal right or remedy afforded by State or Federal law th�t Contraclor m�iy have againsl
<br /> Subcontr�ctor for breach of this Subcontract or defaul[ hereunder, With respect to the rights,remedies�nd
<br /> oblige�tions set forth in this Section 18, Subcon[ractor and its surety waive �II rights of exemption. The
<br /> failure of Contractor to exercise �ny remedies it may have pursuant to this Subconh�act or othe�rwise shall
<br /> have no effect on its rights or remedies with respect to flny Event of Default or on the future exercise of any
<br /> of Contiactor's rights and remedies.
<br /> 19. Safet��. Contractor's "Accident Prevention Pl<tn",a copy of which is attached hereto,shall be
<br /> used by Subcontractor as a guide to safety standards m performing the Work. In addition, Subcontractor
<br /> ngrees to flbide by any and all applicable Federal,State and local safety�tatutes, laws,rules and regulations.
<br /> If Contractor is fined, assessed for or required to inake expenditures to correct unsafe conditions resulting
<br /> from the acts or omissions of Subcontractor, its employees, agents or subcontrlctors, Subcontractor shall
<br /> reirttburse <�nd indemnify Contractor for any such fines, assessments or expenditures and for all other
<br /> losses, expenses or dlmuges resulting there from, regurdless of whether the existence of'such rondition is
<br /> i3o�-�5-300
<br /> Pagc 10 0l'13
<br /> Subcontnct Ag�eemenl(L.cxig Fornt)
<br /> Reviscd (�/O8/10
<br />
|