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When casting begins, Coreslab Structures (Indianapolis) Inc. shall invoice Buyer for the yard price of material cast specifically <br />for this project and properly stored in Coreslab Structures (Indianapolis) Inc.'s plant. After payment is received, Coreslab <br />Structures (Indianapolis) Inc. then agrees to repair or replace any of this material damaged or lost in storage, transit or erection, <br />without cost to the Buyer. Buyer may inspect this material prior to payment. <br />Should retainage be required on this project, Buyer agrees to release one half the amount of the specified retainage upon installation <br />of products in their final position and after welding and grouting is completed. A punch list shall be established not later than 30 days <br />after completion of erection and the balance of the retainage is due within 30 days of completion of Coreslab's punchlist items. <br />E. INSURANCE <br />To the fullest extent permitted by law, Coreslab Structures (Indianapolis) Inc. shall indemnify, defend and hold harmless the General Contractor, <br />Owner, Architect/Engineer, , Architect's/Engineer's consultants, and agents and employees of any of them (hereinafter referred to as <br />"Indemnities") from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting <br />from the performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, <br />or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of <br />Coreslab Structures (Indianapolis) Inc., anyone indirectly employed by Coreslab Structures (Indianapolis) Inc. may be liable, regardless of whether <br />or not such claim, damage, or expense is caused in part by an Indemnities. In no event, however, shall Coreslab Structures (Indianapolis) Inc. <br />be required to defend, indemnify or hold harmless any Indemnities for any negligent acts or omissions of an Indemnities. <br />F. SPECIAL CONDITIONS <br />1.This proposal is based on a mutual agreed upon contract (See Coreslab comments in Attachment "A"). <br />2. In the event of a conflict between the agreement tendered and conditions of Coreslab Structures (Indianapolis) Inc.'s proposal, this <br />proposal shall control the contract. <br />3. Buyer agrees to immediately notify Coreslab Structures (Indianapolis) Inc. in writing, of any deficiency in Coreslab Structures <br />(Indianapolis) Inc. products. If the deficiency is determined to be the fault of Coreslab Structures (Indianapolis) Inc. then <br />Coreslab Structures (Indianapolis) Inc. reserves the right to repair, rather than replace, any spelled or cracked units provided it is <br />structurally and architecturally feasible and will repair the work with its own forces, or at Coreslab Structures (Indianapolis) Inc.'s <br />option, authorize the Buyer in writing to have the work done at a mutually agreed price. No back charges will be accepted without <br />prior written authorization from by Coreslab Structures (Indianapolis) Inc. <br />4. Coreslab Structures (Indianapolis) Inc. shall not be responsible nor deemed to be in fault on account of delays in performance of this <br />Agreement due to causes beyond Coreslab Structures (Indianapolis) Inc. control and not occasioned by its fault or negligence, <br />including but not being limited to war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents, and any <br />act of government, acts of God or the public enemy, failure of transportation, quarantine restrictions, failure of vendors or other <br />shippers to perform their contracts or non -availability of materials from usual sources or labor troubles causing cessation, slowdown, <br />or interruption of work, provided such cause is beyond Coreslab Structures (Indianapolis) Inc.'s control. <br />5. No liquidated damages penalty for late performance is agreed to regardless of Buyer's obligation for such penalty. <br />6. If the Contractor does not pay, through no fault of Coreslab Structures (Indianapolis) Inc. within seven days from the time payment <br />should be made as provided in this agreement, Coreslab Structures (Indianapolis) Inc. reserves the right, without prejudice to any <br />other available remedies, upon seven additional days written notice to the Contractor, stop their Work under this subcontract until <br />payment of the amount owing has been received. <br />7. This bid is submitted contingent upon prompt and timely acceptance by Owner and Coreslab Structures (Indianapolis) Inc.'s ability to fit <br />the production of the work into the existing Coreslab Structures (Indianapolis) Inc.'s production schedules at the time the bid is awarded. <br />B. This proposal is valid for sixty (60) calendar days, and is contingent upon final approval by Coreslab Structures Credit Department. <br />9. This proposal is based upon the General Contractor or owner carrying a full coverage "Builder's Risk" on the entire project to which this <br />proposal applies, at no expense to Coreslab Structures (Indianapolis) Inc. The General Contractor will provide evidence of such coverage <br />to Coreslab Structures (Indianapolis) Inc. <br />57t, Unit — <br />Corey Greika (317) 353-2118 <br />V.P./ Sales Manager <br />