Contractor provides all new homeowners with at least a significant warranty program. Subcontractor shall adhere to the same warranty as provided by Contractor. Failure of a Subcontractor to fulfill warranty requirements shall be grounds for default and/or termination of Subcontractor, allowing Contractor to complete the Work with another subcontractor and to backcharge for the cost to remedy Subcontractor’s defective Work.
6. Indemnification. To the fullest extent permitted by law, Subcontractor shall save, indemnify, and hold harmless the Contractor and its agents and employees, against all liabilities, claims, penalties/citations, judgments, or demands for damages to persons or property arising out of, resulting from, or otherwise in connection with performance of the Work, unless such claims or losses are caused solely by the Contractor. Subcontractor shall defend any and all claims or suits which may be brought or threatened against the Contractor in connection with Subcontractor’s Work and will pay on behalf of the Contractor any expenses which the Contractor incurs by reason of such claims (including, but not limited to, court costs and reasonable attorney’s fees incurred in defending or investigating such claims or actions). Such payments on behalf of the Contractor shall be in addition to any and all other legal remedies available to the Contractor and shall not be considered the Contractor's exclusive remedy against Subcontractor. Subcontractor further agrees that any amounts which have or may become due to Subcontractor under this Subcontract may be retained by Contractor and applied toward any indemnification which is due the Contractor pursuant to the terms of this indemnification agreement. Contractor may retain such amounts from the Subcontractor for any matter of which the Contractor has received notice of a claim involving subcontractor work, whether or not there is litigation pending at the time. It is further understood and agreed that this agreement is not in lieu of and shall not in any way impair or exclude the Contractor's rights to be indemnified and held harmless by the Subcontractor under any other agreement, any statute, or the common law, and all such rights shall be cumulative.
7. Insurance. Before commencing the work, Subcontractor shall obtain and maintain, at its expense, insurance coverages specified in Exhibit 1 attached hereto, and in form, substance, and limits acceptable to Contractor and Owner. As a condition of any payment for the Work, Subcontractor shall furnish a certificate of insurance satisfactory to Contractor from each insurance company delineating the required insurance coverages to be in force and stating that the insurance coverages will not be cancelled or changed except upon at least thirty (30) days written notice thereof to Contractor.
8. Equipment Use. If the Subcontractor should receive written permission to use any equipment of Contractor of any nature whatsoever, including, but not limited to, elevators, hoists, cranes, scaffolds, sidetracks, saws, or any other instrument or tool used in the construction of the Project. Subcontractor assumes complete responsibility and liability for the use or operation of said equipment and will indemnify, defend with counsel reasonably approved by Contractor, and hold harmless Contractor from any damages, claim, liability, costs or expenses whatsoever, including actual attorney and legal specialist fees and court costs, occurring or arising in any manner by reason of any damage or injury to persons or property in any way pertaining to the use of the equipment irrespective of who shall actually operate the said equipment. Contractor’s standard rental rates will apply to the use of any such equipment by Subcontractor.
9. Work Stoppages and Performances. The Owner has the right to stop Work at any time. In this occurrence, the Subcontractor shall only be paid for Work completed and materials incorporated into the Project. It is agreed that the schedule for performance for the Project shall be determined by Contractor. Subcontractor shall not be relieved of its duty of prompt performance because of unavailability of personnel, materials, or other cause. In the event of a work stoppage by the Subcontractor, Contractor reserves the right, among other available remedies, to exclude the Subcontractor, its agents, and employees from the Project premises and complete the Work by substitute means while continuing to hold subcontractor financially responsible for all losses incurred by Contractor.
10. Safety Regulations and Cooperation. Subcontractor shall comply in every respect with Contractor’s safety program and all occupational safety and health standards promulgated by OSHA/MIOSHA and all other applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property. Subcontractor’s personnel shall use appropriate personal protective equipment (PPE), including eyeglasses/head protection, fall protection, and safe shoes, and use only safe ladders, scaffolding, tools and other equipment at all times. The Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Subcontractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (a) all workers and all other persons who may be affected thereby, (b) all the work and all materials and equipment to be incorporated therein, whether in storage on or off the Project site, under the care, custody or control of the Subcontractor; and (c) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of