any such Exhibit or document entered into in accordance with the terms hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms of this Subcontract. (d) Neither Contractor nor Subcontractor shall be deemed to be the author or drafter of this Subcontract for the purposes of any common law, evidence, statutory or other presumption or rule that contract ambiguities be construed against the author or drafter of an agreement. 30. OWNER'S PROPERTY. Subcontractor shall use, and shall cause Subcontractor's lower-tier subcontractors to use, a reasonable degree of care when entering upon any property owned by the Owner in connection with the Project. In the case of property not owned by the Owner, Subcontractor and Subcontractor's lower-tier subcontractors shall comply with any and all instructions and requirements for the use of such property. 31. ADDITIONAL PROVISIONS. The following Additional Provisions are also specifically included in Subcontractor's work: (a) Subcontractor specifically agrees to provide all necessary coordination, supervision, manpower, tools and equipment, required to fully complete Subcontractor's Work in accordance with the scheduling requirements of the Project as set forth by Contractor. CONTRACTOR MAY DIRECT SUBCONTRACTOR TO BEGIN WORK OR OFFSITE FABRICATION/MANUFACTURING ACTIVITIES PRIOR TO SUBCONTRACTOR'S ANTICIPATED START DATE DUE TO EARLIER THAN ANTICIPATED ACCESSIBILITY, WINDOWS OF OPPORTUNITY, OR TO COMMENCE OR COMPLETE WORK ACTIVITIES DUE TO ANTICIPATED WEATHER CONDITIONS, EARLIER DELIVERIES, OR TO AVOID FUTURE COORDINATION PROBLEMS. SUBCONTRACTOR WILL PERFORM AS DIRECTED WITH THE UNDERSTANDING THAT ANY SUCH DIRECTIVES ARE FOR THE BENEFIT OF THE PROJECT AND THE SUBCONTRACTOR. SUCH DIRECTIVES WILL NOT BE CONSIDERED DIRECTIVES TO ACCELERATE SUBCONTRACTOR'S WORK. (b) Subcontractor is responsible for shipping, receiving, unloading, hoisting, reloading, and off loading of transport material from lay down storage areas and to work areas and is responsible for protection and safekeeping of material until acceptance by Owner. Subcontractor shall have the option of unloading materials as close as practical to the work areas as long as it does not interfere with Work of other subcontractors or Owner. All work and deliveries shall be coordinated with Contractor. Subcontractor shall coordinate lay down, field office, and storage areas with Contractor. (c) Subcontractor shall supply for his own use the following if required: (i) all temporary field trailers and storage facilities as required, (ii) temporary utilities required to perform the work, except as otherwise noted herein, (iii) drinking water and ice, (iv) surveying/layout, (v) lifting equipment. (d) This Subcontract is issued contingent upon Owner's approval but Subcontractor nevertheless shall commence and continue work until Contractor directs otherwise. In the event Owner fails to approve the Subcontract, Contractor shall be entitled to terminate for convenience. (e) Subcontractor shall complete all punch list items within time limits established by the Contractor and hereby authorizes Contractor to complete any punch list work at Subcontractor's expense upon 48 hours notice from Contractor, if Subcontractor fails to begin or fails to make adequate progress towards completing punchlist work as directed by Contractor. Subcontractor hereby agrees that such action on Contractor's part will not be cause for prejudicing warranty or any other contract obligations of Subcontractor. (f) The Subcontract Amount payable under this Agreement shall be firm for the duration of the Agreement, and is not subject to any escalation for material, labor or equipment. (g) The Contractor will provide Subcontractor one complete set of Drawings and Specifications. Additional sets of Contract Documents will be supplied at cost. (h) Subcontractor shall provide touch-up paint for factory finishes on equipment furnished under this scope of work. (i) Subcontractor shall pay to provide or install, or both, as appropriate, access doors required to accommodate access to systems installed under this Subcontract. (j) Subcontractor shall submit all warranties, as-built drawings and operation and maintenance manuals, as required by the contract documents (Project Close-Out). In the event that the Subcontractor fails to complete Project Close-Out within ten calendar days after written notice by Contractor, Contractor may, without violating this agreement, perform or have performed, all work required to complete Subcontractor's Project Close-Out, and any cost incurred by reason thereof, shall be a charge against the Subcontractor and may be offset from any amounts owed to Subcontractor. If the payments due the Subcontractor are not sufficient to cover such cost, Subcontractor shall pay the difference to Contractor. The Contractor's performance of any work to complete Subcontractor Project Close-Out shall not relieve Subcontractor from any obligation or warranties which the Subcontractor owes under this Subcontract.
Subcontractor acknowledges that Subcontractor has reviewed and is familiar with this Subcontract Master Agreement and
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