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Subcontractor will be paid weekly. Payments will consist of ninety (90%) percent of all labor
and materials which have been performed by the Subcontractor on the job site and for which
payment has been made by Owner to Border Construction, shall retain the remaining ten (10%)
percent until thirty (30) days after work has been fully completed and delivered and accepted by
the Owner. This provision is limited to the work done by the Subcontractor. All weekly draws or
invoices are to be turned in to Border Construction Services, by 5:00 p.m. each Wednesday and
payment will be made on Friday of the following week. All monthly draws will be turned in no
later than the 25th day of each month and payable by the 10th day of the following month.
Payment will only be approved for the percentage of work completed on the turn in date. All
Subcontractors’ draws are subject to the fund availability.
Subcontractor shall indemnify, hold harmless and defend Border Construction Services, from
and against any and all costs, expenses (including reasonable counsel fees), liabilities, losses,
damages, suits, actions, fines, penalties, claims or demands of any kind and asserted by or on
behalf of any person or governmental authority, arising out of or in any way connected with,
Border Construction Services, shall not be liable to Subcontractor on account of (1) any failure
by Subcontractor to perform any of the agreements, terms, covenants or conditions of the
General Contract, Accepted Proposal or this Subcontractor Agreement required to be performed
by Subcontractor, (2) any failure by Subcontractor to comply with any statutes, ordinances,
regulations or orders of any governmental authority, or (3) any accident, death or personal injury,
or damage to or loss or theft of property, with shall occur performing under the General Contract,
Accepted Proposal or the Subcontractor's Agreement regardless of whether such liability, claims,
demands, damages and costs were caused in while or part by Border Construction Services, or
the concurrent negligence of Border Construction Services, or any other person or entity.
Subcontractor shall warrant all work performed by Subcontractor for one (1) year from date of
completion of the job. Subcontractor shall satisfactorily remedy any and all deficiencies or
problems within three (3) days of written notice from Border Construction Services
Subcontractor shall provide and furnish all insurance coverage relating to Subcontractor's portion
of the General Contract/Accepted Proposal. This coverage shall include, but is not limited, to
workmen's compensation, general liability and automobile insurance. Evidence of such insurance
coverage is to be furnished to Border Construction Services, when an application is submitted by
a Subcontractor and thereafter, once a year. If Subcontractor does not carry general liability
insurance, a five (10%) percent fee will be deducted from each invoice and each draw. An
approved waiver for the absence of workmen's compensation insurance must be on file with
Border Construction Services. Subcontractor agrees to waive all right of subrogation against
Border Construction Services.
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