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Subcontract#: 1706-1050
<br /> the required insurance at Subcontractor's expense.
<br /> II. Cross-Liability Coverage/non-standard restrictive endorsements.All liability policies shall include cross liability coverage and a
<br /> standard ISO separation of insureds provision,or its equivalent.No liability policy shall include or be endorsed to include any non-
<br /> standard provisions restricting coverage for the named insured or the persons/entities required to be named as additional insureds under
<br /> this Agreement,including but not limited to cross liability coverage exclusions or limitations."
<br /> 13. Clean-up. Subcontractor shall,at its sole cost: (I)remove all equipment,excess materials,litter and debris;(2)clean-out drainage
<br /> structures and pipelines; (3)comply with all clean-up as required by governmental agencies including clean-up required by permits issued for the
<br /> Project; and (4) satisfactorily complete its work and restore the entire Project area to the condition as it was before it was disturbed by
<br /> Subcontractor's Work, all within two days after notification by Hoffman. Should Subcontractor fail to adequately perform, Hoffman shall
<br /> accomplish the clean-up and deduct the costs of same from monies payable to Subcontractor.
<br /> 14. Environmental Compliance. Subcontractor shall abide by all federal,state and local laws,rules or regulations relative to the use,storage.
<br /> transportation and disposal of hazardous waste, hazardous substances,or other toxic materials, pollutants or contaminants as defined in any
<br /> applicable statute,ordinance,regulation or other requirement(hereinafter called"Hazardous Substances"). Subcontractor shall indemnify and hold
<br /> Hoffman harmless from any and all claims,damages, penalties, losses,expenses or other costs(including,but not limited to,attorney's fees,
<br /> consultant fees and related expenses)which may be asserted against or incurred by Hoffman,arising out of or relating to,or allegedly arising out
<br /> of or relating to,any storage,transportation,use,or release of any Hazardous Substances by Subcontract,its employees,representatives,agents,
<br /> second tier subcontractors or second tier suppliers,or any other individual or entity acting on behalf of or at the request of Subcontractor.
<br /> 15. Status. Subcontractor's status under this Agreement shall be that of a Subcontractor and not that of an agent or employee.Subcontractor
<br /> has no authority to enter into contracts or agreements on behalf of Hoffman. This Agreement does not create a partnership between the parties.
<br /> Subcontractor further specifically states as follows:
<br /> a. Subcontractor maintains a separate business with its own office,equipment,materials,and necessary facilities to operate
<br /> Subcontractor's business.
<br /> b. Subcontractor holds or has applied for a Federal Employer Identification Number or a Social Security Number, as
<br /> appropriate, and has filed business or self employment income tax returns based on work or service performed as a
<br /> subcontractor.
<br /> c. Subcontractor operates under contracts to perform specific services or work for specific amounts of money under which the
<br /> Subcontractor controls the means of performing the services or work.
<br /> 16. Indemnity. To the fullest extent allowed by law, Subcontractor shall indemnify, defend and hold harmless Contractor,Owner and
<br /> Architect/Engineer, and their respective officers, directors, agents and employees (collectively, "Indemnities"), from and against all claims,
<br /> damages,losses and expenses,including legal fees and disbursements paid or incurred to defend any such claims or to enforce provisions of this
<br /> paragraph(collectively,"Claims"),arising out of the performance or non performance of the Work,provided such Claims are caused,in whole or
<br /> in parts,by the negligence or willful misconduct of the Subcontractor,its Sub-subcontractors,anyone directly or indirectly employed by them,or
<br /> anyone for whose acts of them may be liable.The foregoing indemnification obligation is not limited by any limitation on the amount or type of
<br /> damages,compensation or benefits payable by or for Subcontractor or its Sub-subcontractors under(a)worker's compensation acts,(b)disability
<br /> benefits acts, (c) other employee's benefits acts or (d) insurance required to be carried by Subcontractor under Subcontractor Documents.
<br /> Subcontractor's failure to procure specific contractual liability and other types of insurance for the benefit of Contractor and Owner,as required
<br /> under Subcontract Documents,will not render the foregoing indemnification provisions unenforceable under any applicable law.
<br /> 17. Reimbursement of expenses. Hoffman shall not be liable to Subcontractor for any expenses Subcontractor pays or incurs unless
<br /> otherwise agreed to in writing by Hoffman. If Hoffman pays any charges incurred by Subcontractor,Subcontractor shall reimburse Hoffman in
<br /> full within five(5)days after Hoffman makes the payment. Any such payment for which Hoffman does not timely receive reimbursement shall
<br /> bear interest at the rate of twelve percent(12%)per annum.
<br /> 18. Warranty. Subcontractor warrants to Owner and to Hoffman that all materials and equipment furnished under this Agreement will be
<br /> of good quality and new,unless otherwise required or permitted by the Subcontract Documents. Subcontractor also warrants that Subcontractor's
<br /> Work will be free from defects that are not inherent in the quality required or permitted by the Subcontract Documents. Subcontractor also warrants
<br /> that the Work will conform with the requirements of the Subcontract Documents. Work not conforming to these requirements, including
<br /> substitutions not properly approved or authorized,may be considered defective. Subcontractor's warranty excludes remedies for change orders not
<br /> executed by Subcontractor, its Subcontractor's or suppliers; improper or insufficient maintenance by others; improper operation by others;or,
<br /> normal wear and tear under normal usage. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by
<br /> law or by the Subcontract Documents and this warranty shall survive this Agreement.
<br /> 19. Equipment.tools.materials or supplies. Subcontractor shall supply,at its sole expense,all equipment,tools,materials and/or supplies
<br /> to accomplish the work to be performed.
<br /> Subcontractor herby releases Contractor and Owner from all claims for loss or damage to or loss of use of Subcontractor's property in or about he
<br /> Project Site and shall purchase such insurance in respect thereto as Subcontractor deems appropriate.Subcontractor shall require a similar release
<br /> by Sub-subcontractors,In addition,if Contractor permits Subcontractor to use tools,equipment or other personal property that is owned,leased or
<br /> otherwise in Contractor's possession Subcontractor's use will be at its sole risk and Subcontractor will indemnify Contractor against any claims
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