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this Subcontract. Subcontractor shali not be entitled to any increase in the Subcontract Price,adjustmenl of
<br /> the Schedule, or any other consideration as 1 resull of any such ambiguity, inconsistency, or omission,
<br /> unfess Subcontract�r has notified Contractor of the same in writing,prior to the dute first appearing on this
<br /> Subcontract.
<br /> 1(c). Site Coirditions a��d Existing Work. Subcontractor represents that prior to execution of this
<br /> Subcontract it has inspected the Project site and that there are no conditions thot prevent or hinder the
<br /> performance of the Work by Subcontractor. In addition,Subcontractor,before proceeding with any of the
<br /> Work,shA11 Accurately check and verify all existing work done by Contractor or others that may in any way
<br /> be related to the Work (including, but not limited to, field measuring all existing work) to determine
<br /> whether uny nonconformities or discrepancies in said existing work wil{or may adversely affect the Work.
<br /> Upon the failure ot' Sube:ontractor to sa check and verify nll such existing work, or upon the failure of
<br /> Subcontractor to detect and disclose any discrepancies or nonconformiiies in said existing work, or upon
<br /> the failure of Subcontractor to report the same to Contractor,in writing,before commencing any part of the
<br /> Work, Contractor shal! be relieved of nny and All responsibility for the same, ttnd Subcontractor shall be
<br /> Iit�Ule for all resulting damages, costs And expenses arising as a result of Any discrepancies and
<br /> nonconformities which were or should have been discovered by Subcontructor,
<br /> 1{c!). Sr�b»ritlals. The approval by Contractor,Owner,Architect or Engineer of any submittals of
<br /> Subcontractor (including but without limitation,shop drawings) 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 Subcontractor in such submittal
<br /> and is expressly approved by the Cantractor in writing. 'The stamping of any submittals"Approved" or the
<br /> like shali not t�lone suftice to approve any devintion.
<br /> 2(ci). Price. Contractor agrees to pay Subcontructor for the performance of the Work the sum of
<br /> Thirtv-t�vo thousand eieht hundred fiftv-four and 00/100 Dollars (532.854 00 F S.S T Incld) (the
<br /> "Subcontract price"), subject to increase or decrease onfy us expressly provided in this Subcontract. If
<br /> the Prime Contract cnlls far payment to Contractor in installments, the Subcontract price shail also be
<br /> puyable in installments, ns perforrnance progtesses, sAid progress payments to be based upon periodic
<br /> estimates of the perccntage of the Work performed prior to the date of the esdmate. Estimates are to Ue
<br /> prepared by Subcontractor, submitted to Contractor's Project Manager by the 20th day of each month,and
<br /> may be approved or disapproved 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 estimutes,
<br /> if approved by the Owner, shall be 9ncorporatecf in Contractor's estimate to the Owner. All estimates are
<br /> subject to audit, and if Contractor in its sole discretion has nny doubt concerning the accuracy thereof,
<br /> payment therefore may be withheld. Contractor's withholding of monies from Subcontractor shall be
<br /> interest free Contructor shall make pnyment to Subcontractor on any progress payment nut more 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 uny and all other liability, except retain�ge, due to any reason, arising or incurred during
<br /> the payment period.
<br /> 2(a)I. Pay»:ents to sr�bco�rtractor, As a condition to the abligation of Contracror to make any
<br /> periodic or final payment hereunder, SubconU•actor shall furnish their fully executed Subcontract
<br /> Agreement, including, but not limited to, all related Exhibits,AttAChments,and required documents,and a
<br /> current Certificate of lnsurance, in accordance with Section II(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 perfvrmed under this subcontract.
<br /> 2(b). Retaiirage and Witlthotdi►rg. Contractor shall retain 7'en percent( 10 'Yo) of each
<br /> progress payment until final pnyment is due As provided herein. In addition to such retainage, Contractor
<br /> may withhold part or al{ of any progress or finAl puyment to the extent of any of the following: (i) Any
<br /> failure by Subcontractor to prove through suitable evidence that each of its subcontractors,suppliers, and
<br /> laborers has been paid in full for all labor, services, materials, and supplies used iit, or furmshed for.
<br /> performance of the Work through the date of the upplicable estimate;{]�) Any reduction uf payment by
<br /> Owner to Conn�actor for reasons attributable to the Work; (iii) Any work unacceptable to the Contractor,
<br /> Owner, Architect, or Engineer; (iv) Any third party claims agAinst Contractor arising from the Work or
<br /> �3o6-i5-3ao
<br /> Pagc 2 of 13
<br /> Sutxontrsict Agrccmcnt(Long Form)
<br /> Revisecl 06/O8/10
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