arid that Subcontractor may hire or employ
its own employees mid personnel, but
Subcontractor shall be responsible for the acts,
omissions and work of any and all of its
employees and personnel. The parties Further
agree arid acknowledge that die indemnification
obligations set forth in Section 4 1 herein are
fully applicable to all such employees mid
personnel of Subcontractor.
1.7 Subcontractor shall warrant
and guarantee all Services against. defects in
workmanship which appear within a period of
one (1) year from the (date of
invoice for die Services provided. Upon notice
from Contractor mid at the
sole expense of Subcontractor, Subcontractor
agrees to immediately remedy,
repair or replace any defects and/or
deficiencies occurring during said warranty
period. In die event that Subcontractor fails or
refuses to perform said
remedial work or to otherwise honor these
warranty obligations, Contractor
reserves the right to perform such work and to
charge the cost of such work to
Subcontractor in accordance with Section 1. 13
herein
1.8 Not less than 90% of work
orders issued by the Contractor will be
completed
by the Subcontractor. Said percentage will be
calculated on a weekly basis,
using the same time periods as covered by
Subcontractor's weekly invoices.
1.9 It is understood and agreed
that Contractor will furnish A materials to be
used
by Subcontractor in connection with the
Services, but die parties agree and
acknowledge that Subcontractor is responsible
for die cost and maintenance of
all of its own tools, equipment and related
items, including metering tools to
verify signal levels.
1.10 Subcontractor agrees to protect all
materials provided? by Contractor by insuring
that said materials are not exposed to 'the
elements and are always properly secured.
Subcontractor shall be fully responsible for all
loss, damage or improper utilization or
disposition of all such software and/or
hardware, or any other materials provided by
Contractor to Subcontractor.
1.11 Contractor will make reasonable
efforts to perform weekly inspections of all
Services provided? by Subcontractor, but under
no circumstances shall Contractor's failure to
perform such inspections be deemed as a release
or discharge of Subcontractor's duties and
obligations under this Agreement, or as a waiver
of contractors right to seek relief pursuant to
this Agreement For any breach of this Agreement
by Subcontractor.
1.12 No Services shall be deemed
accepted and approved until final ride out
inspection mid acceptance by Contractor's
customers.
1.13 Subcontractor agrees to pay
Contractor all amounts expended by Contractor,
including the actual cost of all labor,
materials and equipment, plus twenty?five
percent (25%) for supervision and overhead, to
remedy, repair, cure or otherwise correct any
defective and/or deficient Services provided by
Subcontractor, or for any other breach or
violation of this Agreement by
2 Subcontractor.