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evidence reasonably indicating ihe probable filing of such claims;(v)Any failure�by Subcontractor to make payments to its subcontractors,suppliers,or laborers for the work;(vi}Any failure to carry out the Work in accordance with the Subcontract; (vii)There is substantial evidence reasonably estabiishing thAt the Work is not progressing in a�cordance with, or will not be completed within,the 3chedule; or(viii) Failure by Subcontrt�ctor to furnish certificates of insurance in compliance with Section I 1(d)or bonds in compliance w�th Section 20. Without limitation of the foregoing, in no event shall Subcontractvr be entitled to receive any form of payment unless and until Contractor has received payment thercfore from Owner. 2(c•). Accepta�ice of the Work. Neither any certi�cate given nor any payment made under this Subcontract shall be considered ucceptance of the Work, either in whole or in pArt. Subcontractor shnll remain responsible and liable for its performance I�ing ia strict compfiance with this Subcontract and the Primc Contract. 2(d). Final Bitting a�rd Final Paynte�:t. Final billing from Subcontractor, including bdling for any Change Orders, must be submitted to Contractor not later than thirty(30)days after completion of the Work. Failure to submit snid billing within such time shall be an absolute waiver of any right of Subcontractor to cluim any further payment from Contractor. Final payment shall become payable ten(10) days after the occurrence of all of the following:�(i) final completion of the Project; (ii) final written acceptance thercof by Owner;and(iii)receipt of full payment therefore by Contractor. Acceptance of final payment by Subcontractor constitutes�General Release of ContrACtor,Owner and Contractor's surety. 2(e). P�ynre�rts by Sr�bcontractor. Subconlractor shAll pay all bills, invoices, charges and the likc,for all labor,services,equipment,and materials acquired or used by Subcontractor for performance of the Work, at the time that payment thereon is due. Failure by Subcontractor to do so shall constitute a material breach of this Subcontr�ct and an event of det'ault. 3{�). Appeals Contractor may, upon the written request of Subcontractor, appeal on behalf of Subcontractor from any ruling or decision by Owner,the Architect or the Engineer,or institute any flction ur proceeding to recover damages by reason of any Affirmative claim by Subcontractor or by reason of�ny deduction or refusal to pay by Owner, for any reason, involving the Work or the performance of Subcontractor. In that event, Subcontractor shall pay all costs attributable thereto and shall render all assistance requested by Contractor. Subcontractor shall be bound by the determination of Owner, the Architect or Engineer or, in the event of An appeal or further action or proceeding, by the determmation of the same,and shall be entided only to its pmportionAte share of any actual nel recovery, less overhead and profit to Contractor and less Contcttctor's expenses and attorney's fees in handling said matter, Subcontractor hereby waives And releases any and atl claims, causes of action, and rights to further payment beyond the Subcontract price,except as Contractor may receive funds or extensions of time from the Owner relating to the Subcontractor's Work or performa�ce. 3(b). No Delay Becarse of CJai►n. Subcontractor sha11 not delay or stop Work because of the pendency or denial of any claim or becnuse of the continuance of any conditions out of which such claim is alleged to have arisen. Ruther, Subcontractor shall pre�ceed diligently in the performance nf this Subcontract until this Subcontract has been fully performed. 3(c). Claims. Any elaitn of Subcontra�ror for additional compensation, time, or other consideration arising out oF or relt►ting ro the Subcontract or the Work to be performed hereunder shall be waived unless such claim is set forth in detail in a written notice to ContrACtor,and delivered to Contractor as soon as reasonable in the circumstances, but in any event no later than ten(IU)calendar days�tter the accurrence of any condition out of which such ciaim allegedly arises. 4(u). Timely Progress of the Work Subcontractor recognizes �nd assumes Contractor's oblig,�tion to Owner for timely progress upon, and completion af, the Work and each pt►rt thereof, and agrees thnt time is of the essence in the performnnce of the Work. At all times prior to and during performance of the Work,Subcontractor shall become and remAin knowledgeable about lhe progress of the Project, and shall make any and all arrangements and adjustments nec�essary to caordinate it5 Work with, and not impede, that of Contractor And others. Subcontractor agrees to perform the Work in �ccordance w�th Contr�ctor's schedule for the Project (hereinafter "Schedule"). Subcontractor acknowledges that he has sa[isfied himself as to the contents af the Schedule prior to execution of this Subcontract. 13�-15-300 Pagc 3 0[13 Subcontract Agrcenxnt(i.ong Fomi) Revised 06/0}UIU