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case under�ny such law,or consent to the appointment of a receiver,liquidator,assignee,custodian,trustee
<br /> or sequestrator(or other similAr official)of Subcontraetor, make any general assignment for the benefit of
<br /> creditors, fail generally to pay its debts as they become due or take uny cocparate or other action in
<br /> furtherance of any of the foregoing,or(3)Subcontrlcror becomes involved in any labor difFicul�ies that in
<br /> the opinion of Contractor may impede or clow the Work,or(4}Subcontractor otherwise breaches or fails to
<br /> perform �ny provisions or requirements of this Subcontract (the occurrences described in {I) through (4}
<br /> next above being hereinafter referred to as an "Event of Default" or collectively, "Events of Defau{t"),
<br /> Contractor may, without notice (or if notice is required by luw, then after twenty-four (24) hours' written
<br /> notice sent to Subcontractor at the address set forth herein below) praceed to do any one or more of the
<br /> following: (a) without affecting the other provisions vf this Suixontract and witFmut notice to any sureiies,
<br /> Contracror m�y, but shall not be obligated to, tuke such actions as it deems necess�ry ro cure the Event of
<br /> Default, in which case Subc;ontractor shaU be liable to Contractor for the cosls thereof,and any such costs
<br /> may be deducted fmm any amount then or thereafter owing ta Subcontractor;(b)terminate the Subcontr�ct
<br /> for default; or (c) seek specific performance of SubcontrACtor's obligutions hereundcr, it being agreed by
<br /> Subcontractor that specific performance may be necessary to avnid irreparable harm to Contractor andlor
<br /> O wner.
<br /> /8(b). Contractor's Options. In the event of termination for default, Contracror may, at its
<br /> op�ion,do one or more or ail of the following: (I)enter on the jobsite And take possession,for the putpose
<br /> of completing the Work, of all supplies, tools, rt�aterials. work-in-progress, finished Work and 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)cequire Subcuntractor to assign to ContrACtor(and Subcontractor
<br /> hereby agrees to so assign) any or all of Subcontractor's subcontracts or purchase orders involving the
<br /> Work,ar(3)either itself or through others complete the Work by whatever method Contract�r may deem
<br /> expedient. Subcontractor shall not be entitled to receive any further payment untit the Wurk shall t�e fully
<br /> completed,accepted by the Owner,and Contractor has been paid therefore by the Owner. At such time, if
<br /> the amaunt 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 Subcontractor shall pay Contracror
<br /> the nmount of the difference.
<br /> !8(r.). Liability for Conlractor's Dnmages. No action by Contractor shall relieve Subcontractor
<br /> from liability for uny dumages, including, but not limited to,damAges for delay, sustained by Contractor as
<br /> a result of any Events of Default. Upon the occurrence of an Event of D�fault hereunder,Contractor may
<br /> employ attorney(s) to enforce any provision of this Subcontract, to collec;t damages for such Event of
<br /> Default and to recover on any Uond herein mentioned, and 5ubeontructor and its surety agree to pay
<br /> Contracror such reasonable attorney's fees�nd expenses as Contractor may incur with respect thereto.
<br /> 18(d)• Expe�:ses ar�d Attorney's Fees. Subcontractor shall be responsible and liable for�ll costs,
<br /> disbursements,and expenses, including attorney'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 beholf of Sutx:ontractor;
<br /> (b)as a result of Subcontractor's breach or threatened breach of any term or condition of this Subcontract.
<br /> !8(e). Renredies G�►nulative. The rights and remedies granted to Contrflctor pursuant ro this
<br /> Section I$ and the other provisions of this Subcontract shall be cumulative and are not intended ro be in
<br /> lieu of any legal right ur remedy afPorded by State or Federal law that Contractor may have against
<br /> Subcontractor for breach of this Subcantract ar defaul[hereunder. Wilh respect to the rights,remedies�nd
<br /> oblig�tions set forth in this Section 18, Subc;antractor a�td its surety waive All rights of exemption. The
<br /> failure of Contrnctor to exercise Any remedies it may have pursuant to this Subcontract or atherwise shall
<br /> have no effect on its rights or�•emedies with respect to any Event of Dcfaul�or on the future exercise of any
<br /> of Contractor's rights and remedies.
<br /> l9. Safet}•. Contractor's "Accident Prevention Plan",a copy of which is uttached hereto,shall be
<br /> used by Subcontractor as a guide to safety standards in performing the Work. In addition, Subcontractor
<br /> flgrees to�bide by any and all applicabie Federal,State and Ivcal safety statutes, laws,rules and regulations.
<br /> If Contractor is Pined, assessed for or required to make expenditures to coreect uns�fe conditions resuldng
<br /> from the acts or omissions of Subcontractor, its employees, agents or subcontracrors, Subcontractor shall
<br /> reimburse nnd indemnify Contractor for any such fines, assessments or expenditures and for ull other
<br /> losses, expenses or damuges result+ng there from,regardless of whether the existence of such condition is
<br /> �306-�5-300
<br /> Pagc 10 of 13
<br /> Subcontract Agreement(L.�x�g Forni)
<br /> Revis�d W/Ufi/IU
<br />
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