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property or persons related to the performance of the subcontractor's work under this Subcontract rests solely
<br />with the Subcontractor.
<br />The subcontractor warrants that:
<br />• The subcontractor shall designate a person in its employ, stationed full time at the jobsite during the progress of
<br />the Work, and such person shall be authorized to take prompt action in matters relating to safety on behalf of
<br />Subcontractor. Such person shall be knowledgeable in matters relating to safety through either training or
<br />experience or both. Such person shall attend all safety meetings or safety inspections held at the jobsite and take
<br />appropriate action to correct unsafe work practices which come to his attention or Subcontractor's attention.
<br />The subcontract warrants that:
<br />• The duty to take reasonable safety precautions with respect to the handling of hazardous substances, Project site
<br />cleanliness, and emergency procedures and to comply with necessary safety measures and with applicable laws,
<br />ordinances, rules, regulations, and orders of public authorities for the safety of persons and property, including
<br />but not limited to applicable OSHA standards, related to the performance of the Subcontractor's work under this
<br />Subcontract rests solely with the Subcontractor.
<br />All Material Safety Data Sheets (MSDS) for hazardous materials must be on the jobsite before material can be used and
<br />readily accessible upon request.
<br />The Subcontractor shall strictly comply with all applicable statutes, regulations, orders, rules, requirements, and standards
<br />of all governmental authorities having jurisdiction with respect to the Project, including without limitation,
<br />Federal, state and local OSHA regulations, Right to Know requirements, and Federal, state and local OSHA, Toxic and
<br />Hazardous Substances, Hazard Communication Program. The Subcontractor shall indemnify, defend and save Contractor
<br />harmless from any liability, loss, cost penalty, damage or expense, including attorneys' fees, damage, injury, course of
<br />action, which Contractor may incur as a result of any claim, damage, injury, course of action, proceeding, citation, or work
<br />stoppage arising out of or in any way connected with any alleged violation by Subcontractor of any such statute, regulation,
<br />order, rule, requirement or standard and such sums shall be deducted from amounts due under this Agreement.
<br />22. Protection of Work. Subcontractor is not relieved of any liability or responsibility by reason of Contractor's
<br />failure to provide a watchman, even if a watchman is required by the Contractor's General Contract. The Contractor shall
<br />not be responsible for the safety of Subcontractor's materials or tools,
<br />23. Scaffolding and Equipment. Subcontractor shall be responsible for and provide all hauling, scaffolding,
<br />tools, lifting and hoisting equipment, freight, shop drawings and equipment to perform the work provided by this
<br />Subcontract.
<br />24. Clean-uQ. Subcontractor shall at his own expense promptly clean up and remove all rubbish, debris, water,
<br />etc., resulting from his work from the job -site and clean all equipment and materials installed by him. Should he fail to do
<br />so, the Contractor may do so and charge the Subcontractor with the cost of the work.
<br />25. Field Dimensions and Surveys, Cutting and Patching. Subcontractor shall take his own dimensions and
<br />surveys at the site and be responsible for the accuracy of all field measurements and shall not rely on any data furnished
<br />by or prepared by the Contractor. Subcontractor shall be responsible for all cutting, fitting or patching that may be
<br />required to complete his work or to make his parts fit together properly.
<br />26. Responsibility for Work Completed. Subcontractor agrees to be responsible for the protection of his work
<br />until final completion and acceptance thereof by the Owner and agrees to replace or repair any damage to his work
<br />occurring prior to final acceptance at no expense to the Contractor or Owner. Subcontractor shall be responsible for
<br />causing damage to other work.
<br />27. Labor Conditions.
<br />(a) All labor used throughout the work shall be acceptable to the Owner and Contractor and of a standing or
<br />affiliation that will permit the work to be carried on harmoniously and without delay, and that will in no case or under any
<br />circumstances cause any disturbance, interference or delay to the progress of the building, structures or facilities, or any
<br />other work being carried on by the Owner or Contractor in any other town, city or location in the United States.
<br />(b ) In the prosecution of all work covered by this Subcontract, or on this construction Project, Subcontractor
<br />agrees to recognize and comply with all agreements of the Contractor with local building trade councils and/or separate
<br />unions concerning labor and working conditions and which are otherwise applicable to this work, insofar as of these
<br />agreements do not conflict with or violate any Local, State or Federal Laws or properly construed orders or regulations.
<br />Subcontractor agrees to pay the prevailing rate of wages and to proceed with his work without interruption, regardless of
<br />any trade or craft affiliations or the lack thereof on the part of any other workmen on the building Project.
<br />(c) Subcontractor agrees that where its work or the Contractor's work is stopped or delayed or interfered with by
<br />Revised Febniary 2013
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