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Subcontract—December 2, 2015 <br /> IHC and Ames Construction, Inc. <br /> Page 4 of 11 <br /> arising out of the Work or this Subcontract. The Contractor shall not be obligated to assert or continue the <br /> prosecution of any Pass-Through Claim or other request for the benefit of the Subcontractor, and following <br /> written notice to the Subcontractor, the Contractor may abandon any such claim or request at any stage, in the <br /> sole discretion of the Contractor, unless the Subcontractor (a) demands, in writing, presentation or <br /> continuation thereof and pays in advance a reasonable retainer to counsel designated by the Contractor for <br /> payment of its attorneys fees,expert fees and costs incurred as a result of the Subcontractor's demand, and(b) <br /> cooperates fully with the Contractor and its counsel in the compilation and presentation of the necessary <br /> supporting data and evidence. In any and all events the prosecution of any such claim or request shall be at <br /> the risk of the Subcontractor, and the Contractor shall have no responsibility or liability for or in relation to <br /> the outcome thereof. <br /> 6. The Contractor agrees to pay the Subcontractor for the performance of work required under this Subcontract; <br /> and the Subcontractor agrees to accept as its full and only compensation therefore the sums of money, in <br /> current fiends,as may be properly owed to it and as set forth in this Subcontract and any documents attached <br /> and incorporated hereto and made a part thereof. <br /> The Subcontractor agrees that the monies received for the performance of this Subcontract shall be used first <br /> for the labor, material and other expenses entering into this work; and said monies shall not be diverted to <br /> satisfy obligations of the Subcontractor on other contracts or for other purposes. Subcontractor shall submit <br /> request for payment in a form and at such time as is satisfactory to the Contractor which, at the discretion of <br /> the Contractor, shall contain proof of payment and purchase for labor, materials and services utilized in the <br /> performance of this Subcontract; waivers of any liens; and any such documentation as may be occasionally <br /> requested by the Contractor to assure contemporaneous or prior payment of all subcontractors, laborers and <br /> vendors performing work or furnishing supplies under this Subcontract; and such other documentation as may <br /> be required under the terms of the Contract. <br /> Payments shall be made to the Subcontractor for work performed and materials furnished under this <br /> Subcontract in a timely manner and only after the Contractor receives payment from the Owner for the <br /> Subcontractor's work under this Contract,provided, however, the Contractor may retain the same percentage <br /> (%)of the Subcontractor's payments as the Owner retains from the Contractor. If the Owner withholds funds <br /> normally due and owing under the Subcontractor's items of work for disputes not related to the <br /> Subcontractor's performance, the Contractor shall make payment to the Subcontractor within a reasonable <br /> amount of time. This provision is only intended to provide for the Contractor's payment to the Subcontractor, <br /> before the Contractor's receipt of funds from the Owner, solely where a dispute exists between the Contractor <br /> or other subcontractors and the Owner on work unrelated to the work covered by this Subcontract Agreement. <br /> It is not intended to pay the Subcontractor in advance of the Contractor's receipt of funds from the Owner <br /> under the Owner's normal payment practices or in instances where the Owner is holding funds for purposes <br /> associated with the Subcontractor's work under this Subcontract Agreement. <br /> If all or any portion of this Subcontract is performed on a time-and-materials,force account or other hourly or <br /> unit time basis, the Subcontractor shall submit and have approved on a daily basis a time record, in a form <br /> satisfactory to the Contractor, signed by both the Subcontractor's designated representative and the <br /> Contractor's project management representative. <br /> Upon verification of any overpayments, Subcontractor agrees to repay any overpayments upon demand, <br /> whether caused by the Owner, Contractor or others, for work performed under this Subcontract. <br /> Subcontractor agrees to indemnify and hold harmless Contractor and its surety from any loss,cost or expense, <br /> including attorneys' fees, incurred in recouping any overpayments of work under this Subcontract. <br />