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Subcontract—December 2, 2015 <br /> IHC and Ames Construction, Inc. <br /> Page 8 of 11 <br /> 12. The Subcontractor shall furnish a performance bond and payment bond,provided by a qualified surety with a <br /> minimum A. M. Best rate of A-, listing the Contractor as obligee and on the standard forms attached to this <br /> Subcontract (and in accordance with the instructions attached thereto), providing the same protection as <br /> required by the Contract in the following amounts: <br /> Performance Bond <br /> Payment Bond <br /> Subcontractor agrees to appear, defend,indemnify and hold harmless Contractor and it's surety from any loss, <br /> cost or expense, including attorneys' fees, incurred in reviewing, investigating, rejecting or in any way <br /> responding to any claims of nonperformance or nonpayment asserted by any party connected with or in any <br /> way arising out of work performed or to be performed or materials supplied for completion of items covered <br /> by this Subcontract. <br /> Subcontractor agrees to provide to Contractor, prior to proceeding with work under this Subcontract, a list of <br /> all lower-tier subcontractors and materialmen incorporating services or materials into the work governed by <br /> this Subcontract. Such list shall include the vendor's name,contact person,address and telephone number. <br /> If the Contractor receives evidence of nonpayment of any lower-tier subcontractors, labor or materialmen who <br /> have furnished labor, materials, tools, equipment or incidentals used or incorporated into the subject project <br /> for which payment has already been passed to the Subcontractor by Contractor, the Contractor may at its <br /> discretion make any payment due hereunder by check payable jointly to Subcontractor and any of said unpaid <br /> entities to extinguish potential claims against the subject project. <br /> 13. The following may, at the Contractor's discretion,be deemed a breach of this Agreement: failure to fulfill any <br /> obligation of this Subcontract or of the Contract concerning the Subcontractor's work or responsibilities; <br /> failure to pay for labor and materials or ensure that all subcontractors or suppliers performing any of the items <br /> of work covered by this Subcontract have paid for all labor and materials utilized therein; failure to pay <br /> payroll taxes, contributions or insurance premiums; wrongful interference with the performance of the work <br /> by others for any reason; an act of bankruptcy; or cancellation or lapses in required insurance coverage. This <br /> list is not intended to be all-inclusive; and all breaches of contract and Contractor remedies thereof,supported <br /> by law or fact, shall apply to this Subcontract. Waiver of any breach of this Subcontract shall not constitute <br /> waiver of any subsequent breach of the same or any other provision hereof. In the event of any act of <br /> bankruptcy or a subcontractor or creditor claim against the Subcontractor or its surety or notice of levy <br /> involving delinquent taxes, the Contractor shall have the right to withhold payments and apply the same to <br /> secure performance of the Subcontract or resolve the claim without prejudice to all other rights against the <br /> Subcontractor or its surety. <br /> 14. Subcontractor shall provide, as may be necessary: its own plant and facilities; locate and protect utilities <br /> affected by its work; do its own cleanup; remove and dispose of any spoil materials associated with its work, <br /> provide-atethe OwfieF OF €lie�et3t�eEl€er-the�t}l ee a�tr�tffic—eel}trel-yet req eEt <br /> , and repair or replace damaged, defective and defaced work caused by its own <br /> negligence. Subcontractor shall be responsible for daily cleanup and removal of any hazardous conditions <br /> caused by its operations to ensure the safety of the traveling public. The Subcontractor shall cleanup and <br /> remove from the site all of its rubbish, debris, etc., on a daily basis, unless the Contractor directs otherwise. <br /> Upon completion of the Subcontract work, all Subcontractor's materials, equipment, etc., must be <br /> immediately removed from the jobsite by Subcontractor. Failure to comply shalt permit Contractor to do so <br /> and backcharge Subcontractor for the cost. Subcontractor shall indemnify and hold harmless the Contractor <br />