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Subcontract#: 1706-1050 29. Termination. This Agreement shall terminate if Subcontractor is in default of this Agreement. Subcontractor will be in default of this Agreement if Subcontractor: a. Fails to perform Satisfactory Work as defined within this Agreement or refuses or fails to supply enough properly skilled workers or proper materials to complete or continue the Work all as determined by Hoffman. b. Fails to make payment to its second tier subcontractors or suppliers for materials or labor in accordance with the respective agreements between Subcontractor and its second tier subcontractors or suppliers; c. Disregards laws,ordinances,rules,regulations,or orders of a public authority having jurisdiction;or d. Otherwise breaches this Agreement and fails to correct the same within five(5)days of Hoffman notifying Subcontractor of said breach. If Subcontractor is in default of this Agreement, I loffman may, in its discretion,without regard to any other remedy available,terminate this Agreement and finish the Subcontractor's work by whatever method Hoffman may deem expedient.If the unpaid balance of the Subcontract sum owed to Subcontractor exceeds the expense of finishing Subcontractor's work,such excess shall be paid to the Subcontractor. However,if such expense exceeds such unpaid balance,Subcontractor shall immediately pay Hoffman the difference. Termination for Subcontractor's default does not limit any damages the Subcontractor owes to Hoffman for its default under this Agreement including,but not limited to.attorney's fees and disbursements incurred by Hoffman as a result of Subcontractor's default. 30. Novices. Any notice given in connection with this Agreement shall be given in writing and shall be delivered either by hand to the other party or by certified mail,return receipt requested,to the other party at the other party's address stated below. Either party may change its address by giving notice of the change in accordance with this paragraph. 31. Assignment. Subcontractor may not assign this Agreement without Hoffman's prior written permission. 32. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not operate,or be construed,as a waiver of any subsequent breach. 33. Modification. No change,modification,or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both Hoffman and Subcontractor. 34 Entire agreement. This Agreement and the Subcontract Documents constitute the entire agreement between the parties and supersedes all prior agreements or understandings between Hoffman and Subcontractor. 35. Applicable law. This Agreement shall be governed by,construed,and enforced in accordance with the laws of Wisconsin. 36. Dispute Resolution. Any dispute or difference arising out of or in connection with this Agreement may, at Hoffman's election,be determined by a single arbitrator to be agreed upon between the parties. 37. Headings. The headings have been inserted for convenience only and are not to be considered when interpreting the provisions of this Agreement. 38. Attorney's Fees. Subcontractor shall pay all reasonable costs and expenses,including reasonable attorney's fees incurred by Hoffman in protecting and enforcing its rights under this Agreement. 39. Counterparts. This Agreement may be executed in two or more counterparts.each of which shall be deemed an original but all of which together shall constitute one and the same instrument. BEFORE beginning work on the above mentioned project,Subcontractor shall sign and return all copies of this SUBCONTRACT AGREEMENT along with a certificate of insurance to Hoffman per this contract. This subcontract is binding,subject to Owner's approval of Subcontractor. IN WITNESS WHEREOF,Hoffman and Subcontractor hereby sign this agreement. Contractor: Subcontractor: HOFFMAN I i NSTRUCTION COMPANY TRIERWEILER CONSTRUCTION By By� � . �1. < �6 Title e- ori`6 Title: F t2% Date f-t si�u r.) Date: "/J)W/i 7