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evidence reasonably indicating the probable fiiing of such cluims;(v)Any failure by Subcontractor to make payments to its subcontractors,suppliers,or laborer�for the work;(vi}Any failure to carry out the Work in accardance with the Subcontract; (vii)There is substantial evidence reasonubly establishing thAt the Wvrk is not progressing in a�cordance with, or will not be completed within, the Schedule; or (viii) Failu►�e by Subcontrnctor to furnish certificates of insurance in compliance with Section 11(d)or bonds in compliance with Section 20. Without limitation of the foregoing, in no event shall Subcontractor be entitled to receive any form of payment unless and until Contractor has received payment thereforc from Owner. 2(c•). Acceptance ojthe Work. 1Veither any certificAte given nor any payment made under this Subcontract shall be considered accept�nce of the Work, either in whole or in part. Subcontractor shAll remain responsible and liable for its performance being in strict compliance with this Subcontract and the Prime Conlract. 2(d). Firtal Bit[ing a�td Final Paymer:t. �nal billing from Subcontractor, including billing for any Change Orders, must be submitted to ContrACtor not later thun thirty(30)days after completion of the Work. Failure ta submit said billing within such time shall be an �bsolute waiver of any right of Subcontractor to claim 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 thereof 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)• Paynrents by Sr�bcoirtractor. Subcontractor shall pAy aU bills, invoices. eharges and the like, for all labor,services,equipment,and materials acquired ar used by Subcontractor for performance of the Work, at the time thnt payment thereon is due. Fttilure by Subcontractor to do so sh�tl constitute a material breach of this Subcontract and an event of default. .?(a). Appeals. Contractor may, upon the written request of Subcontractor, appeal on behalf of Subcontractor from any ruling or decision by Owner,the Architec;t or the Engineer,or institute any action ur proceeding to recover damages by reason of any affirmative claim by Subcontractor or by reason of uny deduction or refusal to pay by Owner, for any reason, involving the Work or the performance of Subcontractor. In th�t event, Subcontractor shall pay all costs attributable thereto �nd shall render all assistance requested by Contractor. Subcontractor shull be bound by the determinahon of Owner, the Architect or Engiaeer or, in the event of An appeal or funher action or proceeding, by the determination of the same,and sha11 be entided only to its proportionAte share of any actual net recovery, less overhead and profit to Contractor and less Contractor's expenses and attorney's fees in handling said matter. Subcontractor hereby waives and releases any r�nd all claims, causes of action, and rights tv further payment beyond the Subcontract price,except as Contractor may receive funds or extensions of time from the Owner relating to the Subcontroctor s Work or performance. 3(b). No Delay Becarrse of Claim. Subcontractor shail 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 urisen. Rather, Subcontractor shall proceed diligently in the performance of this Subcontract until this Subcontract has been fully performed. 3(c). Clainrs. Any elaim of SubeontrACtor for additional cumpensation, time, or other consider�tion arising out of or relating to the Subcontract or the Work to be performed hereunder shall be waived unless such claim is set forth in detail in 1 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 atter the occurrence of any condition out of which such claim allegedly arises. 4(u). Timely Progress of the Work. Subcontracror recognizes und assumes Contractor's oblig�tion to Owner for timely progress upon, and completion af, the Work and each part thereof, and �grees that time is of the essence in the performnnce of the Work. At all times prior to and during performance of the Work,Subcontractor shall became and remain knowledgeable about Ihe progress of the Project, and shAll make any and all arrangements and adjustments nec.�essary to coordinate its Work with, and not impede, that of Contractvr And others. Subcontractor agrees to perform the Work in accordance with Contractor's schedule For the Project (hereinafter "Schedule"). Subcontractor ucknowledges that he has satisfied himself' as to the contents of the Schedule prior to execution of this Subcontract. i3o6-�5-300 Page 3 of 13 Subcontract Agreenxnt(t,ong Forni) Reviscd 06/OtUIU