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IV - COMMENCEMENT DATE
Subcontractor agrees to start performance of the awarded work within a reasonable length of
time after notification by Border Construction Services Subcontractor agrees to use due diligence
in the completion of such work and to complete such work in accordance with the program of
Allied Operations of Border Construction Services, and other Subcontractors, if any.
Subcontractor has sole control of the manner and means of performing the work specified in the
General Contract or Accepted Proposal and shall complete it according to its own means and
methods of work.
V - FAILURE OF PERFORMANCE
If the Subcontractor, at any time, fails in the performance of the terms, stipulations and
agreements of the General Contract, Accepted Proposal or this Subcontractor's Agreement or
fails to use due diligence in the work awarded them, so as to interfere with or in any way impede
Allied Operations of Border Construction Services, and other Subcontractors, this will be a
failure of performance. Failure of performance will rest solely in the judgment of Border
Construction Services, which will provide notice to anyone representing the Subcontractor at the
job site or Subcontractor's place of business. Such notice will state the nature of the violation of
the Agreement or contracts. If the failure is continuing for two (2) days after notice to the
Subcontractor, Border Construction Services, may precede thereupon to complete the work
under the terms of the General Contract, Accepted Proposal or Subcontractor Agreement at the
cost and expense of Subcontractor. Border Construction Services, may re-sublet the work, and
any monies due the Subcontractor on that project will be held until the Subcontractor's portion of
the project has been completed by Ask for Mike, Inc., or a new Subcontractor. These monies will
be paid to Border Construction Services, or the new Subcontractor for the work done.
Subcontractor further agrees that if Subcontractor should delay the material progress of the work
so as to create any damage or cost overage for which Border Construction Services, shall
become liable, then the Subcontractor shall indemnify Border Construction Services, for the
amount of any damages so caused.
VI - NEGATION OF JOINT VENTURE OR PARTNERSHIP
In entering into and complying with Agreement, Subcontractor is at all times performing as an
independent contractor. Nothing in this Agreement shall constitute or be construed as a creation
of a partnership or joint venture between Subcontractor and Border Construction Services, or
their successors or assigns.
VII - CONSIDERATION
Border Construction Services, shall pay the Subcontractor for performance of the work described
within the General Contract, Accepted Proposal or Subcontractor's Agreement, subject to
additions and deductions agreed upon in writing by the Subcontractor and Border Construction
Services.
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