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<br />(c) Any fines, penalties, or other amounts assessed against BMRI by reason of <br />Contractor's failure to comply with all health, safety, and environmental and <br />cultural resource protection laws and regulations applicable to the Work. <br />Article 6 -Subcontracts <br />6.1 Contractor shall retain, by way of a subcontract, an independent analytical <br />laboratory designated by the DMG with the concurrence of BMRI, to analyze all samples <br />taken pursuant to this Agreement, the MOU and the Scope of Work. Sand independent <br />analytical laboratory will be a subcontractor to Contractor. <br />6.2 A "Subcontractor" is a person or entity who has entered Into a written <br />agreement with Contractor or with a Subcontractor of Contractor to perfdrm any of the <br />Work. Contractor shall not employ any Subcontractor without a written agrelement and the <br />prior written consent of both DMG and BMRI. There shall be no contractual relationship <br />between either DMG or BMRI and any Subcontractor with respect to the Wokk. Contractor <br />shall be as fully responsible to BMRI for the acts and omissions of any Subcontractor as <br />Contractor is for its own acts and omissions. <br />6.3 As between BMRI and Contractor, Contractor shall be responsible for the acts <br />and omissions of its Subcontractors and any portion of the Work pekformed by a <br />-13- <br />