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case�mder�ny such law,or consent to the appointment of a receiver,liqaidator,a'ssignee,custodian,trustee
<br /> or sequestrator(or other similAr ofticial)of Subcantractor, make any general ussignment for the benefit of
<br /> creditors, fail generaily to pay its debts as they become due or take Any corporate or other action in
<br /> furtherance of any of the foregoing,or(3)Subcontractor becomes involved in any labor difficulties that in
<br /> the opinion of Contractor may impede or slow the Work,or{4)Subcontractor otherwise breAChes or fails to
<br /> perfo►•m nny provisions or requirements of this SubcontrACt (the occurrenc�es described in (i) through (4}
<br /> next above being hereinafter reterred to As an "Event of Default" or coflectively. "Events of Defaukt"),
<br /> Contractor may, without notice (or if notice is required by lnw, then after twenty-four(24) hours' written
<br /> notice sent to Subcontracror at the address set forth herein below) proceed to do any one or more of the
<br /> following: (a) without affecting the other provisions of this Subcvntract and without notice to any sureties,
<br /> ContrACtor may, but shall not be obligated to,take such actions as it deems necess�ry to cure the Event of
<br /> Default, in which case Subc:ontractor shall be liable to Contractor for the costs thereof,and any such casts
<br /> may be deducted from any amount then or thereafter owing to Subcontractor;(b)terminate the Subcontrnct
<br /> for defau{t; or (c) seek speci�c performance of SubcontrACtor's obligAtions hereunder, it being agreed by
<br /> Subcontractor that specific performance may be necessary to avoid irreparable harm to Contractor and/or
<br /> O wner.
<br /> !8(b). Coiitractor's Optio�ss. In the event of termination for default, Contractor may, at its
<br /> option, do one or more or ail of the following: {I)enter on the jobsite and take possession, for the purpose
<br /> of completing the Work, of ail supplies, tools, materials. work-in-progress, finished Work �nd such other
<br /> items as have been purchased, fabricated, constructed, acquired or used by SubcontrACtor in performance
<br /> of,or for the performing af,the Work,(2)require Subcontractor to assign to Controctor(and Subcontractor
<br /> hereby agrees ro so assign) any or all of Subcontractor's subcontracts or purchase orders involving the
<br /> Work,or(3)either itself or through others complete the Work by whatever method Contractor mAy deem
<br /> expedient. Subcontractor shall not be entitled to receive any further payment until the Work shall be fully
<br /> completed,accepted by the Owner,and Contractor has been paid therefore by the Owner. At such time, if
<br /> the amount of any damages and expenses suffered or incurred by Contractor as a result of the termination
<br /> or default shall exceed the unpaid balance of the Subcontract price,then Subcontracror shull pay Contractor
<br /> the nmount of the difference.
<br /> 18(c). Lirrbitity for Co�tlr�etor's Dnneages. No action by ContrACtor shall relieve Subcontractur
<br /> from liability for any dantages, including, but not limited to,damagcs for delay, sustained Uy Contractor as
<br /> a result of any Events of Default. Upon the occurrence of an Event of Default hereunder,Contractor may
<br /> employ attorney(s) to enforce any provision of this Subcontract, to collect damages for such Event of
<br /> Default and to recover on any bond herein rrtentioned, And SubcontrACtor and its surety agree to pay
<br /> Contractor such reasonable attorney's fees�nd expenses as Contractor may incur with►•espect thereto.
<br /> 181d). Expenses artd Attorney's Fees. Subcontractor shall be responsible and liable for all costs,
<br /> disbursements,und expenses, inciuding atrorney's fee,incurred by Contractor(a)as a result of Contractor's
<br /> pursuing any extra, change,addition,claim, or dispute against any other party on behnlf of Sutx;ontractor;
<br /> (b)as a result of Subcontractor's breach or threatened brelch of any term or condition of this Subcontract.
<br /> 18(e). Renredies Crunrrlative. The rights and remedies granted to ContrZCtor pursuant to this
<br /> Section 18 and the other provisions of this Subcontract shall be cumulative and are not intended ro be in
<br /> lieu of any le�al cight or remedy afforded by State or Federal law that Contractor m�y have against
<br /> 5ubcontructor for breach of this Subcantract or default hereunder. With respect to the rights,remedies�nd
<br /> obligutions set forth in this Section 18, Subc:ontractor and its surety waive All rights of cxernption. The
<br /> failure of Contrnctor to exercise Any remedies it may have pursuant to this Subcontract or otherwise shall
<br /> liave no effect on its rights or remedies with respect to any Event of Default or on the future exerc;se of any
<br /> of Contractor's rights and remedies.
<br /> l9. Safet�•. Contractor's "Accident Prevention Plan",a copy of which is attached hereto,shall bc
<br /> used by Subcontractor as a guide to safety standards in performing the Work. In addition, Subcontractor
<br /> ttgrees to abide by any and all t�pplicable Federal,State and local safety uatutes,laws,rules and regulations.
<br /> If Contr�ctor is fined, assessed for or required to make expenditures to correct uns�fe conditions resulting
<br /> from the acts or omissions of S►�bcontractor, its employees, agents or subcontructors, Subcontractor shall
<br /> reimburse and indemnify Contractor for any such fines, assessments or expenditures and for All other
<br /> losses, expenses or damuges result+ng there from, regurdless of whether the existence of such condition is
<br /> i3o6-�S-3oo
<br /> Pagc 10 of 13
<br /> Subcontr�ct Agrcerneat(L,�xig Forni)
<br /> Revis�d W/U8/10
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