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Page 5 of 6 <br />5.      Clean up.  Contractor shall remove all constructi on trash, waste and debris created by or <br />arisi ng out of the Work. Dirt, rocks and lawn damage due to wet or natural conditions shal l be <br />Owner’s res pons ibil ity. <br />6.      Warranty.  Contractor warrants the Work (workmanshi p not materials) by and through its <br />written Li mited Warranty of lifetime workmanshi p which i s i ncorporated by reference and made <br />a part hereof as Exhi bit A. <br />7.      Safety.  Contractor shall cause its Work to c omply with al l s afety measures, polic ies, and <br />standards required or rec ommended by governmental or quasi-governmental authorities havi ng <br />jurisdiction over the Work.  The foregoi ng notwiths tanding, Contractor is an i nvitee on Owner’s <br />property and Owner shall have the sole respons ibility to make i ts property fit for Contractor to <br />enter and perform the Work.  <br />8.      N otice of Lien Rights .  Owner understands that as a part of the Work hereunder, Contractor <br />will furni sh supervision, l abor, equipment and/or materi als in furtherance of improvements to <br />Owner’s real property and, as a res ult, the l aw confers certain rights to Contractor regarding <br />Owner’s real property by way of mec hanic s l iens shoul d Owner fail to pay Contractor al l <br />amounts due for Work hereunder. <br />9.      Indemnity.  Owner s hall save, defend, i ndemnify and hold Contractor harmless from and <br />against any and all cos ts, losses, expenses, claims and damages, including attorney fees, caused <br />in whole or i n part by the negl igent acts or omissions of the Owner (or any of its agents or <br />representatives) resulting in bodil y i nj ury or death to pers ons, or damages to or destruction of <br />property.  Owner shall not be obligated to i ndemni fy or defend Contractor for claims found to be <br />due to Contrac tor’s sol e negligence or willful mis conduct. <br />10.   Insurance.  Contractor shall purchase and maintain insuranc e that wi ll protect Owner from <br />claims ari sing out of the Work including but not necessaril y l imi ted to liabil ity insurance, and, as <br />applicable, worker’s compensati on insurance.  Owner shall purchase and maintain suc h liabil ity <br />ins urance to protect Contractor from cl ai ms whi ch may arise from the performanc e of Owner’s <br />obli gati ons under this Agreement or Owner’s c onduc t during the course of the Work. <br />11.   Ti me.  Work will proceed on a first come, first serve bas is.  It is expected that the Work will <br />commence within 90 days of the execution of the Agreement, work l oad depending, and <br />completed within 90 business days thereafter.  The Contrac t Pri ce assumes Contractor wi ll be <br />able to compl ete the Work without i nterruption.  If any fai lure of Owner hereunder causes <br />interruption necessi tati ng Contrac tor’s de-mobi lization and re-mobil izati on, delays will result and <br />Owner shall be res pons ible for all resulting costs . <br />12.   No assignment.  Owner may not assign i ts agreement with Contractor, in whole or part, <br />without Contractor’s pri or wri tten consent. <br />13.   Choi ce of Law.  This Agreement s hal l be construed, enforced, and performed in accordance <br />with the l aws of the State of Indiana and Michi gan.