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Harrington Electric Co. CONDITIONS OF PROPOSAL Acceptance of this proposal by contractor shall be acceptance of;dl terms and conditions recited herein which shall suparscde any conflicting term in any other contract document. Anv ofthe Contractor's terms and conditions in addition of different from this proposal are Objccled to and shall have no effect. Contractor's agreement herewith shall be evidenced by Contractors signature hereon of by perinittimg, Subcontractor to commence nvork tot- project. I. Subcontractor shall be paid monthly progress payments on or heloic the 13th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this agreement shall sere to void the Subcontractor's entitlennent to payment for properly performed work or suitably stored materials or to require the Subcontractor to continue pertoinnance if timely pa%nicrns are not made to Subcontractor for suitably performed work or stored materials or to void Subcontractors richt to file a lien of claim on its behalf in the event that any, payment to Subcontractor is not timely made '. The Contractor will withhold no more retention trout the Subcommctoi than is being withheld bg the I. tion the Contractor with respect to the Subcontractor's work_ 3 All sums not paid when due shall bear an interest of 1-1 %21b per month or the maximum legal rate permitted ba law, whichever is Icss; and all costs of collection. including a reasonable anoniev's fee, shall be paid by the Contractor- 4 No backcharges or claim of the Contractor for services shall be valid except by an agreement in writing by the Subcontractor before the wolf, is executed, except to the case of the Subcontractor's far lure to meet am' requirement of the subcontract agreement In such event, the Contractor shall notify the Subcontractor of such default, in writing, and allow the Subcontractor reasonable time to correct am dehctency before inclining any cost chargeable to the Subcontractor. �. Contractor is to prepare all work areas so as to be acceptable for Subcontractor to work under the subcontract. Subcontractor will not be eal led up to start work until sufficient areas are ready to insure continued work The Contractor shall furnish all temporary site facilities including suitable storage space_ hoisting, temporary electrical and water at no cost to Subcontractor. 6 Subcontractor shall be given a reasonable time in which to make dole cr.y of materials and/or labor to commence and complete pertbnnance of the contract. Subcontractor shall not be ie,ponsible for delays or dcfatdts where occasioned by any causes of am kind and extend beyond its connol. including but not limited to; delays caused by the owner_ gcncral contractor. architect and or engineers, delays in transportation. shortase of raw nuttcnals. civil disorders_ Tabor dilllcultics. vendor allocations, tires, floods, accidents and acts of God. Subcontractor shall be entitled to equal adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not the Suhcontracioi's responsiI)iIili and to time extensions tier unavoidable deIav's. The Contractor shall make no demand for liquidated damages tett delays in excess of the amount specified in the suhcontract agreement and no liquidated damages may be assessed against Subcontractor lot more than the amount paid by the Contractor lot un¢xcused delays to the extent actually caused by Subcontractor. 7 The Subcontractor's equipment and work are euarantced for a period of one y -car from the date ofsubstantial completion or use by the Conuactor or the Contractors customer, whichever is earlier_ 'IIITS WARRANT I' IS IN LIIa I OF ALL 01'1IFR W'ARRAN ITL -S EXPRI-SSFII OR IMPLIED, INCLUDING ANY WARRAN'T'IES OR MLRCI IAN I ARILFFY OR FITNESS FOR A PARTICULAR Pt IRPOSP. 'I heCX, lusive remedy shall be that SnbC(l ltraCtOr will replace or repair ami part of its work which is Lound to be defectir-e. Subcontractor shall not be responsible liar damage or defect caused by abuse, modifications not executed by the Subcontractor, improper or insufficient maintenance_ improper operation or normal wear, tear and usage. 8 Work called for herein is to be performed during Subcontractor's regular hours. All tsoi k performed outside of such hours shall be charged for at rates or amounts agreed upon by the parties at the time overtime is authorized. 9. Contractor shall, if the Owner does not, purchase and maintain all risk insurance upon full value of the entire wort: and:or materials delivered to the jobsrte, which shall include the interest of Subcontractor. 10. '1 he Subcontractor shall indemnify and hold harmless the Contractor, Owner, Architect and others t'rom damages only to the extent such damages were caused by any negligent act or omission of the Subcontractor or amore for whose acts the Subcontractor is liable. 11 The suhcontract form used between the Subcontractor and the Contractor will be AIA Standard Form Subcontract Document A40 Where there is a conflict between provisions oteither the ALA Standard form or the contract documents between the (iwner anis Conuactor and this Proposal, then this Proposal shall govern 12. specified documents an&or forms referenced to the contract are accepted only it theyare included in the bidding documents, I)ate. Contractor_ B\ I life. Subcontractor. IIARRINU VON EI,I';CTRIC CO r' I'hontas A. Moran, P U. President Elec'incal Construe:from•Vorcelt.'letaiVrdeo•1)estgrrif3urid *.24 Poor Sergi✓rce *Lam; and Baflast Rlecyc;?ng Ohio Contractor License No. 11951