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8/23/89 If at any time the OWNER determines that any subcontractor is incompetent or undesirable, he shall notify the CONTRACTOR accordingly and the CONTRACTOR shall take immediate steps for cancellation of the subcontract. Nothing contained in this purchase order contract shall create any contractual relationship between any subcontractor and the OWNER. Approval by the OWNER to any subcontract or any provisions thereof shall not be construed to be a determination of the acceptability of any subcontract price, or of any amount paid under subcontract or to relieve the CONTRACTOR of any responsibility for performing this purchase order contract. Subcontracting by subcontractors shall be subject to the above requirements. 16. SUPERINTENDENCE OF THE WORK The CONTRACTOR shall keep a canpetent and reliable superintendent on the job at all times that labor is being performed. The superintendent, in the CONTRACTOR'S absence from the site, shall stand in the stead of the CONTRACTOR and any authoritative directions given to the superintendent shall be as binding as if given to the CONTRACTOR. 17. WORK BY OTHERS The work site is located in a mining area and mining or other construction activities may be occurring at the same time as the work proposed under this contract. It shall be the CONTRACTOR'S responsibility to coordinate his work with those of the landowners, mining companies or other CONTRACTORS on the site. The CONTRACTOR shall, without charge, permit the landowner, mining companies, and such other CONTRACTORS to use the roads and other facilities constructed or improved by the CONTRACTOR for the contract work; provided, that such usage shall in no way interfere with the contract work of the CONTRACTOR. 18. ACCESS AND WORKINv AREA Access to the sites or to the vicinity of sites is by public roads and private roads as shown on the drawings or as may be located in the field. Some sites may not have adequate access roads for CONTRACTOR'S methods or equipment and construction or improvement of existing roads may be required. Access roads used or constructed by the CONTRACTOR shall be maintained and restored to pre-existing or better conditions. The CONTRACTOR shall confine his access roads, equipment, the storage of materials and the operation of his workmen to the immediate vicinity of the work sites and shall not unreasonably encumber the premises with his materials and equipment. Caution shall be exercised at all times to avoid blocking roads or in any other way interfering with operations by others or presenting a hazard to personnel, equipment, or to the public. The CONTRACTOR shall obtain all permits and/or permissions required to utilize public and private roads. The CONTRACTOR shall obey all laws and regulations affecting the use of public thoroughfares. MLRD-7-