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3. STANDARD OF CARE <br />a. The Contractor shall exercise reasonable care and diligence in performing the Work in <br />accordance with the highest generally accepted standards of this type of Contractor <br />practice throughout the United States and in accordance with applicable federal, state and <br />local laws and regulations applicable to the performance of these services. Contractor is <br />solely responsible for the professional quality, accuracy and timely completion and/or <br />submission of all work related to the Basic Services. <br />b. The Contractor shall not load or permit any part of the Work to be loaded with a weight <br />that will endanger its safety, intended performance or configuration. <br />c. Contractor shall be responsible for all errors or omissions, in the performance of the <br />Agreement. Contractor shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the Owner. <br />d. Contractor is an independent contractor of Owner. Any and all employees of the <br />Contractor engaged by the Contractor in the performance of any work or services required <br />of the Contractor under this Agreement, shall be considered employees or agents of the <br />Contractor only and not of the Owner, and any and all claims that may or might arise under <br />any workers compensation or other law or contract on behalf of said employees while so <br />engaged shall be the sole obligation and responsibility of the Contractor. <br />e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall <br />be required to comply with all federal, state and local antidiscrimination laws, regulations <br />and policies that relate to the performance of Contractor's services under this Agreement. <br />f. If activities related to the performance of this Agreement require specific licenses, <br />certifications, or related- credentials Contractor represents that it and/or its employees, <br />agents and subcontractors engaged in such activities possess such licenses, certifications, <br />or credentials and that such licenses certifications, or credentials are current, active, and <br />not in a state of suspension or revocation. <br />4. PAYMENT & TAXES <br />a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this <br />Agreement, and the Contractor hereby agrees to perform all of the Work a sum not-to- <br />exceed sixty five thousand eight hundred Dollars ($65,800.00). Not later than the fifth <br />(5th) day of each calendar month the Contractor shall submit to the Owner a Request for <br />Payment for work done during the previous calendar month. The Request for Payment <br />shall be in form of AIA Document G702 and shall show substantially the value of work <br />done during the previous calendar month. The amount due for payment shall be ninety <br />percent (90%) of the value of work completed since the last Request for Payment and this <br />amount shall be paid by the Owner on or before the last business day of the month. Final <br />payment shall not be due to the Contractor until thirty (30) days after all work has been <br />satisfactorily completed. <br />b. Should Owner reasonably determine that Contractor has failed to perform the Work related <br />to a Request for Payment, Owner, at its discretion may provide the Contractor seven (7) <br />days to cure the breach. Owner may withhold the accompanying payment without penalty <br />until such time as Contractor cures the breach. Should Contractor or its representatives <br />Revised January 2010 2 <br />