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Subcontract—December 2, 2015 <br /> IHC and Ames Construction, Inc. <br /> Page 2 of I I <br /> The work to be performed under this Subcontract Agreement is a portion of the work required of the <br /> Contractor under the Contract; and, accordingly, the terms and conditions of the Contract, as well as any <br /> addenda, modifications or change orders issued after the execution of this Agreement, specifications, future <br /> drawings, plans, general conditions and other contracting documents applicable to the project at hand, as well <br /> as compliance with all federal, state and local tax laws, local ordinances, any and all applicable permits, <br /> licenses, fees, governing laws, social security acts, unemployment compensation acts and workman's <br /> compensation acts are specifically incorporated into and made a binding part of this Subcontract. Any <br /> increases in rates or escalators of any kind are the responsibility of the Subcontractor. Where a provision of <br /> the Contract is inconsistent with a provision of this Subcontract,this Subcontract shall govern. <br /> 2. All attachments are part of this Agreement and are incorporated into it. Acceptance in writing by the <br /> Subcontractor and acknowledgment of the contents of this Subcontract, including all attachments, is a <br /> condition precedent to payment due hereunder. The Subcontractor shall not deal directly with or work <br /> directly for the Owner. All third party communications shall be directed through the Contractor. This <br /> instrument and the attachments thereto constitute the entire agreement between the parties. If any provision <br /> herein is held to be invalid by any competent court, the remaining agreement shall survive. This Agreement <br /> shall control any inconsistency in any documents referred to or incorporated into by reference. <br /> 3. It is understood and agreed that the Contractor is responsible for scheduling the project and to modify the <br /> progress schedule as is necessary to meet obligations under the Contract. Subcontractor agrees to fully <br /> complete work in accordance with the progress schedule of the Contractor, as the same may be amended. <br /> Contractor shall have complete control of the premises on which the work is to be performed and shall have <br /> the right to determine the time and sequence in which the various portions of the work shall be installed or the <br /> priority of the work of the Subcontractor among that of Contractor and other subcontractors. In general, all <br /> matters affecting the timely and orderly conduct of the work of all subcontractors on the premises shall be <br /> under the control and direction of the Contractor. <br /> 4. Subcontractor recognizes and agrees to its responsibilities and obligations under the Contract, as recited in <br /> Article I of this Agreement. Accordingly, Subcontractor agrees to accept as full and final payment under this <br /> Subcontract Agreement the amounts of compensation as defined in Schedule A of this Subcontract <br /> Agreement. Subcontractor agrees to accept such resulting payment made by the Contractor as final payment <br /> in consideration for the completion of all items,in full accordance with obligations and responsibilities of this <br /> Subcontract Agreement and the Contract as it applies to the Subcontractor's work. Subcontractor agrees to <br /> represent itself in disputes with the Owner associated with any and all work performed under this Subcontract <br /> Agreement. Subcontractor shall also submit to Contractor any interim or progress measurements of quantities <br /> performed on a timely basis as requested by Contractor. All such interim or final quantity verification is at <br /> the expense of the Subcontractor. <br /> The Contractor shall have the right to require changes in,deviations from, additions to, or omissions from the <br /> work as necessary to meet obligations under the Contract. Work that is considered by the Subcontractor to be <br /> outside the scope of this Subcontract must be identified in writing to the Contractor before commencement of <br /> the work,outlining justification for additional compensation and the methods of compensation thereof. Extra <br /> work of this nature shall be paid for only if expressly authorized in writing by the Contractor. Upon proper <br /> and prior notification of this work and the subsequent approval of said work, Subcontractor shall <br /> appropriately invoice Contractor and receive compensation for this work under the payment terms of this <br /> Subcontract Agreement. <br />