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<br />12. Service Pipes and Underground Structures: MebTel at MebTel's expense shall locate any
<br />pipes, conduits or other underground structures or obstructions which are in the way of the
<br />construction, whether or not any work plans omit to show or purport to show their locations. All
<br />such property damaged in the course of the Work shall be repaired by MebTel.
<br />13. Protection of Property and Dnty of Safe Performance: MebTel shall at all times take all
<br />reasonable precautions to protect all persons and property, including property of Orange County,
<br />such as, but not limited to, material, supplies, or other equipment which may be issued to MebTel
<br />as required to complete the work to be performed under the terms of this Contract and to take all
<br />reasonable and necessary precautions to prevent damage, loss, or theft of such items of Orange
<br />County property assigned to him. At the completion of the assigned work, MebTel agrees to
<br />promptly return all used and unused material and supplies of Orange County, and MebTel agrees
<br />to reimburse Orange County for the actual cost to replace any such items which are lost,
<br />damaged, or pilfered while such items were in the custody or care of MebTel or his employees or
<br />subcontractors. Orange County shall have the right to deduct the cost thereof, then or later, from
<br />payment due MebTel, Orange County's decision as to the amount of such cost shall be final.
<br />MebTel shall take prudent and proper precautions to ensure the safety of all employees and other
<br />persons whom the work might affect, and to take prudent and proper measures regarding all work
<br />performed and materials incorporated in the project, including the affect on all property and
<br />improvements of the work site and adjacent thereto by complying with all applicable- laws,
<br />ordinances, rules, regulations, and orders.
<br />14. Default: Events of default shall include, but not be limited to, a material breach of any
<br />material provision hereof, the making by MebTel of a .general assignment for the benefit of its
<br />creditors, the filing of a voluntary petition in bankruptcy or the filing of a petition in banluptcy
<br />or other insolvency protection against MebTel which is not dismissed within thirty (30) days
<br />thereafter, or the filing by MebTel of any petition or answer seeking, consenting to, or
<br />acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution, or
<br />similar relief.
<br />15. Remedies Uuon Default: If default shall be made by MebTel in the performance of any~of
<br />the terms of this Contract, Orange County, without in any manner limiting its legal and equitable
<br />remedies in the circumstances, may serve upon MebTel a written notice requiring MebTel to cause
<br />such default to be corrected forthwith.. Unless within ten (10) days after the service of such notice
<br />upon MebTel such default shall be corrected or arrangements for the correction thereof satisfactory
<br />to Orange County shall be made by MebTel, Orange County may, without waving any other
<br />remedies against MebTel, elect to take over the construction of the Project and prosecute the same
<br />to completion by contract or otherwise for the account and at the expense of MebTel, and MebTel
<br />shall be liable to Orange County for any cost or expense in excess of the contract price occasioned
<br />thereby. In such event Orange County may take possession of and utilize, in completing the
<br />construction of the Project, any materials, tools, supplies, equipment, appliances, and plant
<br />belonging to MebTel that may be situated at the site on the Project. Orange County in such
<br />contingency may exercise any rights, claims, or demands which MebTel may have against third
<br />persons in connection with this Contract and for such purpose MebTel does hereby assign, transfer,
<br />and set over unto Orange County all such rights, claims, and demands. In addition to the specific
<br />remedies provided above, upon any default by MebTel, Orange County may pursue any legal
<br />remedies it may have under applicable law or principles of equity relating to such default,
<br />including liquidated damages as provided below.
<br />16. Liquidated Damages: Time is of the essence in the performance of the Froject by MebTel.
<br />MebTel further acknowledges that a delay in performance of Work by MebTel within the time
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