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this Subcontract. Subcontractor shal!not be entitled to any increase in the Subcontract Price,adjustment of
<br /> the Schedule, or any other consideration as a resuit of any such ambiguity, inconsistency, or omission,
<br /> unless Subcontractor has notified Contractor of the same in writing,prior ro the dAte first appearing on this
<br /> Subcontract.
<br /> 1(c). Site Couditions a��d Existing Wotk. Subcontractor represents that prior to execution of this
<br /> Subcontract it has inspecteci the �roject site and that there are no conditions thut prevent or hinder the
<br /> performance of the Work by Subcantractor. In Addition,Subcontractor,before proceeding with any of the
<br /> Work,shAll accurately check And verify all existing work done by Contractor ar others that may in any way
<br /> be related to the Work (including, but not limited to, field met�suring all existing work) to determine
<br /> whether uny nonconformities or discrepancies in said exis[ing work wil!or may adversely affect the Work.
<br /> Upon the failure of Subc;ontractor to sa check and verify r�ll such exis�ing work, or upon the f�ilure of
<br /> Subcontractor to detec;t and disclose any discrepancies or nonconformities in ss►id 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 shall be relieved of any And All responsibility for the same, ttnd SubcontrACtor shall be
<br /> liable for all resulting damages, costs And expenses arising as A result of any discrepancies and
<br /> noncanformities which were or should have been discovered by Subcontractor.
<br /> 1(d). Subuiittals. The approval by Contractor,Owner,Architect or Engineer of any submittals of
<br /> Subcontractor (including but wilhout limitation, shop drlwings) shall not relieve Subcontractor of liability
<br /> for any deviations from the requirements of this Subcontract or rhe 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 /> nnd is expressly approved by the Contractor in writing. The stamping of any submittals"Approved" or the
<br /> like sha11 not�►lone suftice to approve any deviation.
<br /> 2(a). Price. Contractor agrees to pay Subcontructor for the performance of the Work the sum of
<br /> Thirtv-two thousnnd eieht hundred fiftv-four and 00/100 Dallars (532.854 00 R SS T Incld} {the
<br /> Subcontract price ), sub�ect to increase or decrease only as expressly provided in this Subcontract. If
<br /> the Prime Contract cAlls for payment to Contractor in installments, the Subcontract price shall also be
<br /> pAyabfe in installments, us performance progresses, said progress payments to be based upon periodic
<br /> estimates of the perccntage of the Work performed prior to the date of the estimate. Estimates are to be
<br /> prepared by Subcontractor, submitted to Contr�ctor'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 Superinternient prior to submission to Contractor's Project Manager. Subcontractor's estimutes.
<br /> if approved by the Owner, shall be incorporateci in Contractor's estimate to the Owner. All estimates are
<br /> subject to audit, and if Contractor in its sole discretion has any 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 not more than ten
<br /> (10) days after receipt by Contructor of pAyment from Owner for thAt portion of the Work covered by the
<br /> pro�ress payment. The acceptance of any progress payment by Subcontractor shall constitute a release of
<br /> Contractor from uny and uU other tiability,except retainAge, due to any reason, arising or incurred during
<br /> the payment period.
<br /> 2(a)1. Payments to subcarrractor. As a condition to the obligation of Contracror to makc any
<br /> periodic or tinal payment hereunder, Subcontractor shaU furnish their fully executed Subcontract
<br /> Agreement, incl�xiing, but not limited to, all related Exhibits,Attnchments,a►id requireci documents,and a
<br /> current Certificate of Insurnnce, in accordance with Section I I(a) of this Agreement. Receipt of all
<br /> executed documents is an absolute prerequisite to Subco�itractor receiving the t"irst and any subsequent
<br /> payments for work performed under this sube;ontrACt.
<br /> 2(b). Retaii�nge a�:d Witltholdiiig. Contractor shall retain Ten percent( 10 %) of each
<br /> progress payment until final pttyment is due As provided herein. In addition to such retainage, Contractor
<br /> may withhold part or all of any progress or �nAI payment to the extent of any of the following: {i) Any
<br /> failure by Subcontractor tv prove through suitable evidence that each of its subcontructors,suppliers, and
<br /> laborers has been paid in full for ;►II laUor, services, materials, and supplies used in, or furmshed for,
<br /> performance of the Work through the date of the applicable estimate;{ii) Any reduction of payment by
<br /> Owner to Contractor for reasons attributuble ro 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 /> �306-�5-300
<br /> Pagc 2 of 13
<br /> Subcartraci Agrocmcnt(L.ong Form)
<br /> Rcvistd 06J08/10
<br />
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