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SECTION 5. DELAY. Should Subcontractor delay Contractor, any other Subcontractor, or anyone else on the
Project, Subcontractor will indemnify Contractor and hold Contractor harmless for any damages, claims, demands,
liens, stop notices, lawsuits, attorneys' fees, and other costs or liabilities imposed on Contractor connected with said
delay by Subcontractor.
SECTION 6 CHANGES IN WORK Subcontractor shall make no changes in the work covered by this Agreement
without written direction from the Contractor Subcontractor shall not be compensated for any change which is made
without such written direction No changes in the work covered by this Agreement shall exonerate any surety or any
bond given in connection with this Agreement.
SECTION 7. CLAIMS. If any dispute shall arise between Contractor and Subcontractor regarding performance of
the work, or any alleged change in the work, Subcontractor shall timely perform the disputed work and shall give
written notice of a claim for additional compensation for the work prior to commencement of the disputed work
Subcontractor s failure to give written notice prior to commencement constitutes an agreement by Subcontractor that
it will receive no extra compensation for the disputed work.
SECTION 8 INSPECTION AND PROTECTION OF WORK Subcontractor shall make the work accessible at all
reasonable times for inspection by the Contractor Subcontractor shall at the first opportunity inspect all material and
equipment delivered to the job site by others to be used or incorporated in the Subcontractor s work and give prompt
notice of any defect therein Subcontractor assumes full responsibility to protect the work done hereunder until final
acceptance by the Architect Owner and Contractor.
SECTION 9. LABOR RELATIONS. Subcontractor shall maintain labor relations policies in conformity with the
directions of the Contractor and shall be bound to and comply with all of the terms and conditions, including trust fund
contributions, required by those labor agreements applicable to work performed under this Agreement to which the
Contractor is bound. The specific agreements to which the Contractor is bound are listed in Section 16.
SECTION 10. TERMINATION. (i) Should Subcontractor fail to rectify any contractual deficiencies, including failure to
pay its creditors, within three (3) working days from receipt of Contractor's written notice, Contractor shall have the
right to take whatever steps it deems necessary to correct said deficiencies and charge the cost thereof to
subcontractor, who shall be liable for the full cost of Contractor's corrective action, including overhead, profit and actual
attorneys' fees. (ii) Contractor may at any time and for any reason terminate Subcontractor's services hereunder at
Contractor's convenience. In the event of termination for convenience, Subcontractor shall recover only the actual cost
of work completed to the date of termination, in approved units of work or percentage of completion, plus fifteen
percent (15%) of the actual cost of the completed work for overhead and profit. Subcontractor shall not be entitled to
any claim or lien against Contractor, Owner or anyone else for any additional compensation or damages in the event of
such termination.
SECTION 11. INDEMNIFICATION. To the fullest extent permitted by law, Subcontractor shall indemnify and hold
harmless Owner and Contractor and their agents and employees from claims, demands, causes of actions and
liabilities of every kind and nature whatsoever arising out of or in connection with Subcontractor’s operations
performed under this Agreement. This indemnification shall extend to claims occurring after this Agreement is
terminated as well as while it is in force. The indemnity shall apply regardless of any active and/or passive negligent
act or omission of Owner or Contractor, or their agents or employees, but Subcontractor shall not be obligated to
indemnify any party for claims arising from the sole negligence or willful misconduct of Owner or Contractor or their
agent or employees or caused solely by the designs provided by such parties. The indemnity set forth in this Section
shall not be limited by insurance requirements or by any other provision of this Agreement. All work covered by this
Agreement done at the site or in preparing or delivering materials or equipment to the site shall be at the sole risk of
Subcontractor until the completed work is accepted by Contractor.
SECTION 12. INSURANCE. Subcontractor shall, at its expense, procure and maintain insurance on all of its
operations, with carriers acceptable to Contractor, and in amounts acceptable to Contractor and as required by the
prime contract, including the following coverages:
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