2017-02-09_PERMIT FILE - M2017002

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Subcontract—December 2, 2015 IHC and Ames Construction, Inc. Page 6 of I I deduct the same from any monies due or thereafter to become due to Subcontractor, pursuant to any other agreement between Contractor and Subcontractor. 8. It is understood and agreed by and between the Contractor and Subcontractor that, if liquidated damages are assessed against the Contractor as a result of the Subcontractor failing to perform this Subcontract within the time established by the Contractor to conform with the terms and conditions of the Contract, the Contractor shall suffer substantial damages under the liquidated damage provisions of this Contract. Accordingly, the Subcontractor agrees to hold the Contractor harmless for any liquidated damages that might be assessed against the Contractor as a result of the Subcontractor not completing its Subcontract within the time specified by Contract conditions. If the Subcontractor should fail to pay such liquidated damages on demand, the surety obligated on the performance bond provided by the Subcontractor, pursuant to Article Twelve,shall pay such damages. The Contractor may also hold all or part of such liquidated damages from payments due the Subcontractor. 9. To the fullest extent permitted by law, the Subcontractor shall indemnify, defend and hold harmless the Owner and the Contractor, and each of their directors, employees, agents and consultants, from and against any and all claims, losses, actions, lawsuits and expenses (including reasonable attorneys' fees) arising directly or indirectly, in whole or in part, out of the act or omission to act of the Subcontractor, any sub- subcontractor, or anyone directly or indirectly employed by any of them in connection with this Subcontract and/or the subcontractor's work hereunder. Such obligations shall not be construed to negate, abridge or otherwise reduce any other right or obligation that would otherwise exist as to any party or person described in this paragraph. The provisions of this section shall survive termination of this Subcontract. The Subcontractor agrees to carry, at its expense, public liability and property damage insurance protecting the Subcontractor, Contractor and Owner in the same form and in the same amount as required of the Contractor under the Contract and also workman's compensation insurance in connection with its employees engaged in the performance of this Subcontract. Said indemnity shall be insured by a comprehensive general liability insurance policy and a comprehensive automobile liability policy for all vehicles used by the Subcontractor, its servants, agents and subcontractors and suppliers on the jobsite from an acceptable insurance carrier,naming the Contractor and Owner as an additional insured and must be endorsed as primary to any insurance of the additional insureds, in limits for amounts as specified on the example Certificate of Insurance included as an attachment to this Subcontract. The Comprehensive General Liability policy must provide Premises-Operations, Independent Contractors, Broad Form Property Damage, Contractual Liability, and Products & Completed Operations coverage (which shalt be maintained in force for a period of at Ieast two years after substantial completion of the project or such longer period of time as described in the Contract Documents. XCU Exclusions must be deleted when applicable to operations performed by the Subcontractor. Insurance coverage must not be reduced,canceled or allowed to expire without thirty (30) days written notice to the Contractor. Subcontractor's insurance must include coverage for the Subcontractor's subcontractors and suppliers, if any. Otherwise, equivalent insurance coverage must be obtained from each of the Subcontractor's subcontractors or suppliers before permitting them on the site of the project. Failure to furnish the required certificates of insurance prior to the Contractor's direction to commence work or prior to the actual commencement of work shall constitute an act of default of this Subcontract Agreement. Any lapses of insurance coverage during the progress of work shall also constitute an act of default at which time the Subcontractor shall immediately and voluntarily cease all operations on the project. Upon such cessation of activities, the Subcontractor shall immediately be in default of the Subcontract Agreement; and the cure period allowed in Article 7 of the Subcontract, as well as all allowable remedies for said breach under this Subcontract, shall apply.