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Contractor shall keep the gate at the entrance to the Property off of <br />U.S. Highway 40 closed at all times and shall lock that gate at the end of each <br />work day. <br />5. Time. Time limits stated in this Agreement are of the essence of this <br />Agreement. By executing this Agreement, Contractor confirms that the time <br />period stated in paragraph 3 above ie a reasonable period for performing the <br />Work. <br />If Contractor is delayed at any time in progress of the Work by labor <br />disputes, fire, unusual delay in deliveries, unavoidable casualties, or written <br />order issued by a court of competent jurisdiction, then the date of completion <br />set forth in paragraph 3 above may be extended liy written Change Order for such <br />reasonable time determined by mutual agreement between Owner and Contractor. <br />6. Administration of the Agreement. Owner will not have control over or <br />charge of and will not be responsible for construction means, methods, tech- <br />niques. sequences or procedures, or for safety precautions and programs in <br />connection with the Work, since these are solely the responsibility of Contrac- <br />tor. For all purposes of this Agreement, Contractor is an independent contrac- <br />tor, and nothing contained in this Agreement shall be deemed to create any <br />employer/employee, principal/agent or partner/joint venturer relationship <br />between Owner and Contractor. <br />7. Protection of persona and property. Contractor shall be responsible <br />for initiating, maintaining and supervising all safety precautions and programs <br />in connection with the performance of this Agreement. Contractor shall take <br />reasonable precautions for the safety of and shall provide reasonable protection <br />to prevent damage, injury or loss to Contractor's employees and subcontractors, <br />the Work and all materials and equipment used to perform the Work, the Property <br />and any other property at the work site or elsewhere on the Property. <br />Contractor shall give notices required by and complying with applicable <br />laws, ordinances, rules; regulations and lawful orders of public authorities <br />bearing on the safety of persons and property and their protection from damage, <br />injury or lose. Contractor shall promptly remedy damage and lose to property at <br />the site or elsewhere on the Property caused in whole or in part by Contractor, <br />a subcontractor, a sub-subcontractor, or anyone else directly or indirectly <br />-4- <br /><~ <br />:r <br />