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"ADDITIONAL INSURED " with respect to all Liability coverages . Contractor shall provide
<br /> evidence of continued coverage in the event of renewal or policy termination . Owner
<br /> may withhold payment to Contractor until evidence of insurance coverage is received .
<br /> 4 . These insurance requirements shall not in any manner limit or qualify the liabilities and
<br /> obligations assumed by Contractor under the Contract .
<br /> 5 . The Contractor shall be entirely responsible for securing Certificates of Insurance
<br /> coverage as set forth above from all subcontractors who are engaged in the work .
<br /> GC 48 INDEMNITY .
<br /> Contractor agrees to protect, defend , reimburse , indemnify and hold the Owner, its agents ,
<br /> employees and elected officers and each of them ( collectively) , free and harmless at all times from and
<br /> against any and all claims , liability , expenses , losses , suits , costs , fines and damages , including attorney
<br /> fees and costs , and causes of action of every kind and character against the Owner by reason of any
<br /> damage to property or the environment , or bodily injury ( including death ) incurred or sustained by any
<br /> party hereto , or of any party acquiring any interest hereunder, and any third or other party whomsoever,
<br /> or any governmental agency , arising out of or incident to or in connection with Contractor ' s performance
<br /> under this Contract, Contractor' s acts , omissions or operations hereunder, the site conditions , or the
<br /> performance , non - performance or purported performances of the Contractor or any breach of the terms of
<br /> this Contract; to the extent caused by the negligence , recklessness , or intentional wrongful misconduct of
<br /> Contractor and persons or entities employed or utilized by Contractor in its performance . (§ 725 . 06 F . S . )
<br /> GC 49DISPUTE RESOLUTION .
<br /> Final Completion . Notwithstanding any other provision , the parties agree that any unresolved
<br /> dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the
<br /> Engineer as the mediator .
<br /> Waiver of Arbitration . The Owner and Contractor agree expressly waive any and all provisions
<br /> regarding arbitration , including any and all provisions regarding arbitration as a condition precedent to
<br /> litigation contained elsewhere in any Contract Documents .
<br /> GC 50 OWNER ' S RIGHT TO TERMINATE CONTRACT FOR CAUSE .
<br /> If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the
<br /> benefit of his creditors , or if a receiver should be appointed on account of his insolvency , or if he should
<br /> persistently or repeatedly refuse or should fail , except in cases for which extension of time is provided , to
<br /> maintain an established schedule ( 30 days behind a critical path activity) , to supply enough properly
<br /> skilled workmen or proper materials ; or if he should fail to make prompt payments to subcontractors or for
<br /> material or labor or persistently disregard laws , ordinances or the instructions of the Engineer ,
<br /> or
<br /> otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work,
<br /> Owner may without prejudice to any other right or remedy , and after giving the Contractor and its Surety
<br /> seven ( 7 ) calendar days written notice , terminate the employment of the Contractor and take possession
<br /> of the premises and of all materials , tools and appliances thereon , and finish the work by whatever
<br /> method Owner may deem expedient . In such case , the Contractor shall not be entitled to receive any
<br /> further payment until Contractor cooperates with Owner and complies with all reasonable requests
<br /> regarding the terminated work , the work is finished nor shall it be relieved from its obligations . If
<br /> the
<br /> unpaid balance of the contract price shall exceed the expense of finishing the work , including
<br /> compensation for additional managerial and administrative services , this excess shall be paid to the
<br /> Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any
<br /> payments left owing the Contractor (excluding monies owed the Contractor for subcontract work) . If the
<br /> Contractor' s surety is directed or agrees to complete the Work , then all payments due after termination
<br /> shall be made to the Surety until the Work is finished and the Contract price has been expended . The
<br /> Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract
<br /> Documents and shall be bound by the conditions of the Contract Documents , this Contract and the Bond
<br /> to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination . The
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