2026-227-E-AMS-Brady Service-Justice Facility Security Room Mini Split Intstallation

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Page 9 of 15 The Contractor grants to the Owner a nonexclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project. The Contractor shall obtain similar nonexclusive licenses from the Consultant’s subconsultants consistent with this Agreement. The license granted under this section permits the Owner and the Owner’s consultants and separate contractors to reproduce applicable portions of the Instruments of Service, solely and exclusively for use in performing services or construction for the Project. The Owner shall not use any portion of the Instruments of Service on another project without the Contractor’s prior written consent. In the event the Owner uses the Instruments of Service without retaining the Contractor, the Owner releases the Contractor from all claims and causes of action arising from such uses. The provisions of this Section 4.02 shall survive termination of this Agreement. Section 4.03 Material and Workmanship. Contractor agrees to perform all Work and furnish and supply all equipment (excluding Owner supplied equipment), supplies, and materials that may be required for the performance of the Work. Except as expressly provided in the Proposal, all material to be incorporated in the Work shall be new, of sufficient quantities to facilitate the proper and expeditious execution of the Work, of the most suitable grade for the purpose intended, and in compliance with the Contract Documents. Contractor shall have responsibility and control over the performance of the Work, including the construction methods, techniques, means and sequences for coordinating and completing the various portions of the Work. By written notice, Owner may require Contractor to remove from the Work any employee or subcontractor of Contractor whom Owner deems incompetent, careless, or otherwise objectionable. Contractor shall examine materials or equipment furnished by others and handle, store and install such items to the extent installation is a part of Contractor’s scope of Work, with appropriate skill and care to ensure a satisfactory and proper installation. Section 4.04 Warranty. Contractor warrants that all equipment and material furnished and all Work performed under this Agreement will be free from defects in material and workmanship for a period of one (1) year (or such longer period as may be specified elsewhere in the Proposal or Contract Documents) after Final Completion. Contractor further agrees to furnish all warranties that are required in accordance with the Contract Documents for the Work prior to final payment. Contractor shall, at no cost to Owner, promptly and satisfactorily replace any material and correct any workmanship found to be defective or otherwise not in conformity with the Agreement requirements and remedy any damage resulting therefrom. If required in writing by Owner, at Contractor’s time and expense, Contractor must uncover any portion of the Work which has been covered by Contractor in violation of the Agreement or Contract Documents or contrary to a directive issued to Contractor by Owner and then restore the uncovered work to its original condition. Except as provided in the preceding sentence, the Agreement Price and Contract Time shall be adjusted by Change Order for the cost and time of uncovering and restoring any work which is uncovered for inspection and proves to be installed in accordance with the Agreement and Contract Documents, provided Owner had not previously instructed Contractor to leave the work uncovered. If Contractor uncovers work pursuant to a directive issued by Owner, and such work upon inspection does not comply with the Agreement and Contract Documents, then Contractor shall be responsible for all costs and time of uncovering, correcting and restoring the work so as to make it conform to the Agreement and Contract Documents. In no event shall Contractor be liable for any breach of a manufacturer’s warranty or any consequential or special damages of for transportation or other expenses which may arise in connection with any defective goods. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIED EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Section 4.05 Inspection and Correction. Owner shall have the right to inspect and/or test any part of the Work at all reasonable times and places. If required in writing by Owner, at Contractor’s time and expense, Contractor shall uncover any portion of the Work that has been covered by Contractor contrary to the Contract Documents or contrary to a directive issued to Contractor by Owner and then restore the uncovered work to its original condition. Except as provided in the preceding sentence and provided Owner had not previously instructed Contractor to leave the work uncovered, the Agreement Price and Contract Time shall be adjusted by Change Order for the cost and time of uncovering and restoring any work that is uncovered for inspection and proves to have been installed in accordance with the Contract Documents. If Contractor uncovers work pursuant to a directive issued by Owner, and such Work upon inspection does not comply with the Contract Documents, then Contractor shall be responsible for all costs and time of uncovering, correcting and restoring the Work so as to make it conform to the requirements of the Contract Documents. Section 4.06 Clean-up. Contractor shall follow Owner's cleanup directions and, in any event, shall (a) at all times keep the Site free from debris resulting from the Work; and (b) broom clean each work area daily prior to discontinuing work in each area. Section 4.07 Protection of People and Property. Contractor shall at all tiers bear the responsibility for Safety of its own employees, and for protection of the employees, guests and property of Owner, in the course of the Work as it is effected by Contractor. Contractor shall apply industry standards which are recognized to prevent injuries and property loss, and that are adopted as industry consensus standards by agencies having jurisdiction, and shall adhere to those standards, in the interest of guiding safe work practices. These safety standards are fundamental and are in addition to Owner Environmental Health and Safety standards, and requirements imposed by the Contract Documents. Establishment of a safety program by Owner to regulate activities onsite shall not relieve Contractor of its own responsibilities for furnishing and maintaining a work place free from recognized hazards. In addition to Contractor’s duties to supervise and direct the actions of its employees, and to monitor the progress of the Work, Contractor shall maintain a safe and healthful work place and inspect the site frequently during operations. Docusign Envelope ID: 25E6F8BF-2DC9-828C-811A-1377E8921918