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attributable in whole or in part to the fault or negligence of Contractor. Provided, however, thAt
<br /> notwithstanding anything etse contained in this Section 19 or elsewherc in this Subcontract,Subc�ntractor
<br /> shall have complete and total responsibility for the sAfe conduct ttnd performance of the Work and the
<br /> safety of its employees, the employees of Any of its subcontractors any other persons who mAy be in or
<br /> around the Work.
<br /> 20. Bo�rds. Unless expressly provided otherwise in Exhibit A,Subcontractor shall obtain bonds
<br /> payabte to Contractor, in form and content satisfactory to Controctor, and with surety sltisfactory ro
<br /> Contractor,each in the full amnunt of the Subcontract Price(as adjusted by Change Orders),for the ft�ithful
<br /> performance of this Subcontract, including changes or modifications Ihereto made with or without the
<br /> consent of the surety,and for the payment of all labor, services, materials and supplies used or furnished
<br /> wrth respect ro the Work. The cost of such bonds shall be pAid by SubcontrACtor,inrluding any additional
<br /> premiums resulting from increases in the Subcontract Price by Change Order. Such bonds shull be
<br /> furnished within Fifteen (IS) days of the date first appcaring on this Subcontract unless Contractor
<br /> expressly extends such time in writing. If$ubcontrt►ctor fails to provide such bonds as and when required,
<br /> Contractor may terminate this Subcontract for default, without IiAbility to Contractor, and Subcontractor
<br /> shall forfeit any Work done or materials furnished pursuant to this Subc:vntract and be liable for all
<br /> damages provided by applicable law.
<br /> 21(a). Assig�uree�:t or Srrbcontrc�cting. Subcontractor sha�l not subcontr�ct, assign, sublet or
<br /> transfer this SubcontrACt, or any purt hereof, except to persons, �rms or corporations acceptable to
<br /> Contrac:tor and with the prior written consent of Contractor. Subcontrnctor shall furnish complete contact
<br /> informatiun for any portion of the Work subcontracted or assigned (see Gxhibit G), and shall cause said
<br /> Sub-Subcontractor or nssignees to furnish proof of insurance as imposed by Section I 1 of this Subcontract.
<br /> No such consent of Contractor shall release SubcontrA�tor frum �ny of its �bligations hereunder, and
<br /> Subcontractor shaU remain primarily liable to Contractor as if no such wbcontract, assignmenl, subletting
<br /> or transfer has been made. Any such subcontract, assignment, subletting or transfer shall be approved by
<br /> Subcontractor's surety and shall be subject to each and all of the provisions of this Subcontract. Contractor
<br /> reserves the right to reject or remove any Subcontractor whu has not previously been so approved. A
<br /> breach of any of the provisions of this Section 21 shall be deemed u material breach of this SubcontrACt.
<br /> Provided, however, that nothin�containeci in this Section 21 or elsewhere in this Subcontract shall create
<br /> 1ny contractual reiationship between the Contractor and any subcontractors of Subcontractor_
<br /> 21(b). Tern:s of Subcaitracts. Subcontractor shall incorporate into any subcontracts or purchase
<br /> orders with others alf provisions required by law to be incorporated Iherein, a�id all provisions of this
<br /> Subcontract. Provided, however, this Subcontract shall neither create a contractua! relationship between
<br /> Contractor and any of Subcontractor s subc;ontraetor or suppliers,nor between Subcontractor and Owner
<br /> 22. Terri:i�ratia�. Without limitation of Section 18,or any other provision of this Subcontract, in
<br /> the event that Contructor terminates its contract with Owner for any reason, including, but »ot limited to,
<br /> failure by Owner to furnish sfltisfactary evidence that it has mude adequate finunciAl arran�ements,
<br /> Contractor may terminAte this Subcontract, and shall not be liable to Subcontractor for breach hereot'.
<br /> Provided, however, that subject to 3(a)AppeAls, Subcontr�ctor shall Ue reimbursed for the actu:►I vulue of
<br /> all Work and materials furnished priur to the date of such termin�tioii.
<br /> 23(n). Governing Law. 1'he terms and cunditions of this Subcontract shall be construed and
<br /> interpreted under, and all respective rights and duties of the parties shall be governed by the laws of the
<br /> State of Florida,except to the extent specitied otherwise herein.
<br /> 2?(b). Litigatiar Aity litigation concerning any of the terms or conditions of this Subcontract
<br /> shall be brought in the County or Circuit Court of Pinellas County, Plorida, which courts shall be d1e
<br /> exclusive venue for und have exclusive jurisdiction over any such litigalion. Subcontractor and Contr�ctor
<br /> hereby expressly consent to the jurisdiction and venue of said courts.
<br /> 24 Antendinent or Modificatio�:. This Sulx;ontrnct und the provisions hereof may not be
<br /> aimended,or moditied except by a stutement in writing signed by Contractor and Subcontractor. Provided,
<br /> however, that this Section 24 shall not limit or affect in Any way the right of Contracror to issue Change
<br /> i3o6-t$-3oo
<br /> f'age I I of 13
<br /> Subcontract Agrecmcnt(E.ong Forni)
<br /> Revised Q6/OA/10
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