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DocuSign Envelope ID: E2377815-D922-4567-91C8-D342867F1906 <br /> and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional <br /> cost to the Owner. <br /> d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor <br /> engaged by the Contractor in the performance of any work or services required of the <br /> Contractor under this Agreement, shall be considered employees or agents of the Contractor <br /> only and not of the Owner, and any and all claims that may or might arise under any workers <br /> compensation or other law or contract on behalf of said employees while so engaged shall <br /> be the sole obligation and responsibility of the Contractor. <br /> e. 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,agents <br /> and subcontractors engaged in such activities possess such licenses, certifications, or <br /> credentials and that such licenses certifications, or credentials are current, active, and not in <br /> a state of suspension or revocation. <br /> f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, <br /> equipment, forms, and other items owned, rented or used by the Contractor and/or <br /> Subcontractor(s) in the performance of the Work including all of Owner's property in <br /> Contractor's care, custody, or control, and all such property while it is in transit. <br /> g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work <br /> in compliance with all local, state, and federal laws. <br /> 5. 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 for a sum not-to- <br /> exceed Seventy Thousand Dollars ($70,020.00). <br /> b. Should Owner reasonably determine that Contractor has failed to perform the Work, Owner, <br /> at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may <br /> withhold the accompanying payment without penalty until such time as Contractor cures the <br /> breach. <br /> i. Should Contractor or its representatives fail to cure the breach within ten (10) days, <br /> or fail to reasonably agree to such modified schedule, Owner may immediately <br /> terminate this Agreement in writing, without penalty or incurring further obligation <br /> to Contractor. <br /> ii. This section shall not be interpreted to limit the definition of breach to the failure to <br /> perform the Work related to a Request for Payment. <br /> c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br /> authority on the Work or the labor and materials used therein. It shall be the Contractor's <br /> responsibility to furnish the Owner documentary evidence showing the materials used and <br /> sales and use tax paid by the Contractor and each of its subcontractors. <br /> Revised 12/18 3 <br />