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4.3.5 The Owner shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Article 8 of the General Terms and Conditions. The Owner shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 4.4 DUTY OF CARE; PERFORMANCE BOND; COMPLIANCE WITH LAW Nothing contained in this Article shall relieve the Contractor and its Subcontractors of their respective obligations to exercise due care in the performance of their Services in connection with the Wark, and to perform all services in strict compliance with the Standard of Care and Applicable Laws. The Contractor shall perform in accordance with workmanlike standards and applicable building codes, including but not limited to any and all registration, permit and inspection requirements of the State of Ohio and City of North Omsted, particularly the Building Dept. The Contractor shall provide the Owner with Performance and Payment Bonds in accordance with R.C. 153.57, at its sole expense, from reputable surety and on standard forms approved by the Owner. The Contractor shall be solely responsible for compliance with Ohio Prevailing Wage law, as administered by the Ohio Dept. of Commerce, in accordance with Ohio Administrative Code 4115. The Contractor shall be solely responsible for determination whether construction and/or reconstruction threshold level have been satisfied and what, if any, actions are required to comply with law. The Contractor shall indemnify the Owner against any and all violations pursuant to Section 4.5. 4.5 INDEMNIFICATION The Contractor hereby agrees to indemnify and hold the Owner harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the acts, omissions and/or negligence of the Contractor and all of their respective employees, subcontractors, materialmen, agents or any others acting in concert with any of them. ARTICLE 5 TIME SCHEDULE 5.1 Unless otherwise directed by the Owner, the Contractor shall commence the performance under services identified in Article I and Exhibit I, Basic Services, upon execution of this Agreement by both parties, which shall constitute Notice to Proceed. The Time Schedule set forth in the attached and incorporated Exhibit II, Time Schedule, shall, with every reasonable effort by Contractor, be substantially complied with unless extended, in writing, by authorized Owner's representative. ARTICLE 6 DISPUTES 6.1 All claims, counterclaims, disputes and other matters in question between Owner and Contractor or its Subcontractors arising out of or relating to this Agreement or the breach of it will be decided by mediation if the parties mutually agree, or by a court of competent jurisdiction within the State of Ohio, County of Cuyahoga. ARTICLE 7 SUSPENSION OF SERVICES 7.1 The Owner may order the Contractor to suspend, delay, or interrupt all or any part of the services for such