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Subconaactor And uny of its vendors or subcontracrors. Contractor also reserves the right at any time
<br /> during the progress of the Work to pay amounts due to Subcontractor by issuing checks pAyuble jointly to
<br /> 5ubcontractor and any of its vendors or subc:ontractors. Any such payment shall be deemed a payment to
<br /> Subcontractor under this Subcontract. Subcontructor agrees that Contractor hAS no obiigation to issue such
<br /> joint checks, and that Subcontractor's inAbility to obtain necessary materials and/or services without
<br /> issuance of such joint checks by Contractor sh�{t constitute an event of default.
<br /> 7. Warraitty of Work a�rd Muterials. Without in any way limiting any section or provision of this
<br /> Subcontract, Subcontractor hereby warrants and guarantees the Work to Contractor under the same terms
<br /> and for at least the sume period of time as Contractor has warranted its Work to Owner under the Prime
<br /> Contract,�nd S�ibcontractor hereby agrees to perform all warranty obligations and other responsibilities of
<br /> Contractar insofar as they relate to the Work. Subwntractor, in addition to a11 other guarantees and
<br /> warranties contained in this Subcontract and the Prime Contract,and not in limitation of Contractor's other
<br /> legal rights, warrants and guarantees that the Work will be performed in strict and absolute Accordance with
<br /> the terms of this Subcontruct,in�►good and workmanlike manner,und in conformity with the best practices
<br /> of the constructiun industry. Subcuntractor further warrants and guarantees that the Work and ali materials
<br /> furnished and used in the Work will be free of defects for the spec:ified period of years after Final
<br /> AcceptAnce of the Project by the Owner. Subcontractor shull, for a minimum of one year after the date of
<br /> Final Acceptance,perform any corrective work,without cost,as directed by Contractor or as set forth in the
<br /> Specifications for the Project.
<br /> All Work and materials shall be subject to approval and Acceptance by the Owner. If any of the
<br /> Subcontractor's Work or materials is determined to be defective or otherwise constitute u breach of any of
<br /> Subcontractor's warrnnties, or be unACceptable for any other reason, Subcontractor, at its own expense,
<br /> shall prompNy tear out,correct,or replace,as directed by Contructor,any such Work or materials and shall
<br /> repair or replace any other Work, materials or property damnged, destroyed or required to be redonc ns A
<br /> result of the required correction or replacement. If Subcontractor refuses or fails to prompt{y make the
<br /> corrections, replacements or repairs contemplatecl herein, it is a�reed that Contractor mny hnve such Work
<br /> done at the expense of SubcantrACtor. IVothing in this Section 7 sha{I relieve Subcontractor in any way
<br /> from it duties nnd obligations as set forth in this Subcontract and Prime Contruct, nor shall any provision
<br /> herein be considered a waiver of�ny rights Contractor has or may have against Subcontractor for its failure
<br /> to perform according to the terms of this Subcontract and the Prime Contract.
<br /> 8. Tirxes Subc;ontractor has included in the Subcontract price,accepts exclusive liabili[y for and
<br /> agrees to indemnify and hold harmless the Contractor from any liability with respect to:
<br /> (a) AU taxes and/or contributions imposed upon or measured by the earnings of
<br /> Subcontractor's employees,or any employees of any subcontractor or supplier of
<br /> Subcontractor,pursuant to any Federal,Stute or local stntutes,laws,rules or regulations,
<br /> including but not limited to,any income tax and social security statutes and regulations
<br /> and any unemployment compensation sEatues or similar statutes;
<br /> (b) All applicable sales, use or excise tnxes that mny be assessed against materiuls,supplies,
<br /> equipment or labor useci or furnished in the performunce of this Subcontract;
<br /> (c) All gross receipts or similar taxes measured by the value of this Subcontract;and
<br /> (d) All person�l prope�ry or ad valorem taxes on the Subcontractor's tools, equipment or
<br /> other property used in the performance of this Subcontract.
<br /> 9. Conipliai:ce wit/i Laws. Subcontractor agrees(i) to cornpfy with all applicable Federal,State
<br /> t►nd local statutes,laws,ordinances,rules and regulations,(ii)to procure at its expense All building or other
<br /> permits or licenses required in connection with the Work and (iii) to indemnify and hold Contractor
<br /> hArmless from any losses,dantages or expenses nrising out of Subcontractor's failure to comply with any of
<br /> the provisions of this Section 9.
<br /> 10(a). No Discri�irinatio►e. Without in any way limiting the �enerality of Section 9 above,
<br /> Subcontrnctor agrees to comply with all locat, State anci Federal laws, statutes, rules and regulations
<br /> regarding discrimination in employment Agninst finy individual on the basis of ruce,color, religion, sex,
<br /> t3o6-�S-3oo
<br /> Pagc 6 of 13
<br /> Subcontract Agrcwmcnt(Long Form)
<br /> Revis��t! 06/p8l10
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