Change Order & PCA - Newman Center Site Development Division A & Alternate No A1 Project No 117-060R - The Robert Henry Corporation

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without limitation, Fair Labor Standards, Equal Employment Opportunity and Wage and Price Controls. Subcontractor hereby agrees to hold Contractor harmless from any loss or expense arising out of any violation of any such law, code, rule, order or regulation. 33. Sales and Related Taxes. The Subcontractor shall be liable for any and all applicable Federal, State or Local taxes which may be assessed against materials, equipment or labor used in this part of the work. 34. Job -Site Supervision. Subcontractor shall provide a full-time, on -site job superintendent for the Project which shall be duly authorized to act for and on behalf of Subcontractor in all matters pertaining to the Project and said superintendent shall attend all job -site meetings regarding the Project when requested by the Contractor. 35. Guarantee. The Subcontractor guarantees his work for a period of one year from the date of acceptance of his work by the Owner, unless a longer period is set forth in the General Contract which then shall apply to this Contractor, and during said guarantee period, the Subcontractor will repair or replace any faulty or defective work that appears at no expense to the Contractor or Owner. 36. Time for Presenting Claim. The Subcontractor agrees to make any claims for extensions of time or for damages for delays or claims for alleged extra work or additional compensation, or otherwise, to the Contractor in the same manner as provided in the General Contract for like claims of the Contractor upon the Owner, and in such time as will enable the Contractor to present such claims to the Owner for payment or recognition, unless a shorter time for making such claims has otherwise be provided for in this Subcontract, in which event such shorter time will be required; and the Contractor will not be liable to the Subcontractor on any claim not timely or properly presented and until allowed by the Owner. 37. Lien Waiver. Subcontractor for itself and all others directly or indirectly acting for, through or under Subcontractor, in consideration of the Contractor making this Subcontract Agreement, agrees that no stop work notices, mechanic's liens or claims will be filed against the Project or premises or any interests therein, or against any fund or money due or to become due from Owner to Contractor for or on account of any work, materials, or other items performed or furnished in connection with the work, and Subcontractor hereby expressly waives, and releases all such rights to file such notices, liens and claims, and agrees that this waiver and release shall be an independent covenant and shall apply as well to work performed and materials furnished under a change order or supplemental agreement for extra work. 38. AttorneV sFees. In the event Contractor employs attorneys or incurs other expenses it may deem necessary to protect or enforce its rights under this Subcontract (or in connection with any work done or agreed to be done by Subcontractor on this construction Project), Subcontractor and the surety, if any, on its bond, jointly and severally agree to pay the attorney's fees and expenses so incurred by the Contractor. Also, wherever in this Subcontract Subcontractor agrees to pay expenses incurred by Contractor such expenses shall include, but are not limited to, attorney's fees incurred by Contractor. 39. Possession Prior to Completion. Whenever it may be useful or necessary for the Contractor to do so, the Contractor shall be permitted to occupy or use any portion of the work which has been either partially or fully completed by the Subcontractor before final inspection and acceptance thereof by the Owner, but such use or occupation shall not relieve the Subcontractor of his guarantee of said work and materials nor of his obligation to make good at his own expense any defect in materials or workmanship which may occur or develop prior to Contractor's release from responsibility to the Owner. Provided, however, the Subcontractor shall not be responsible for the maintenance of such portion of the work as may be used or occupied by the Contractor, nor for any damage thereto that is due to or caused by the negligence of the Contractor during such period of use or occupancy. 40. Non -Assignment. Subcontractor may not assignor sublet all or any portion of this Subcontractor the right to receive any payment hereunder without first obtaining written consent of Contractor. In no case shall the letting of any subcontract by Subcontractor relieve the Subcontractor of his liability and obligations under this Contract. If Contractor pays for, or guarantees payment for, materials or equipment to be used by Subcontractor in performance of this Contract, the gross billed cost of same shall be deducted from the sum due Subcontractor hereunder. 41. Applicable Law. This Subcontract shall be governed according to the laws of the State of Indiana. 42. Notices. Any notice given under the provisions of this Agreement shall be in writing and delivered personally or sent by certified mail as follows: (a) to Contractor - The Robert Henry Corporation P.O. Box 1407 Revised February 2013 10