Miscellaneous Construction Work And Maintenance Services Contract Page 8

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12. Completion on Contractor's Defaults: If default shall be made by the Contractor in the performance of
any of the terms of this Contract, the Owner, without in any manner limiting its legal and equitable remedies
in the circumstances, may serve upon the Contractor a written notice requiring the Contractor to cause such
default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the
Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the
Owner shall be made by the Contractor, the Owner may take over the construction of the Project and
prosecute the same to completion by contract or otherwise for the account and at the expense of the
Contractor, and the Contractor shall be liable to the Owner for any cost or expense in excess of the contract
price occasioned thereby. In such event the Owner may take possession of and utilize, in completing the
construction of the Project, any materials, tools, supplies, equipment, appliances, and plant belonging to the
Contractor which may be situated at the site on the Project. The Owner in such contingency may exercise
any rights, claims, or demands which the Contractor may have against third persons in connection with this
Contract and for such purpose the Contractor does hereby assign, transfer, and set over unto the Owner all
such rights, claims, and demands.
13. Indemnification: The Contractor agrees to indemnify and hold harmless the Owner from any and all
claims, actions, or causes of action to the extent the claimed loss or damage arises out of the Contractor's
negligent performance or nonperformance of work herein contracted to be done whether such claims,
actions, or causes of action are alleged to be the results of any act or omission of the Contractor, its
subcontractors, agents, servants, employees, or any or all of them and regardless of the fact that the work
may have been completed and accepted by the Owner and regardless of the fact the Contractor may have
received payment for work. The Owner shall promptly notify the Contractor in writing of any such claims,
actions, or causes of action and give the Contractor full opportunity and authority to assume the sole defense
and settlement thereof. The Owner shall furnish to the Contractor upon request all information available to
the Owner for defense against any claim, action, or cause of action. The Contractor's liability under this
indemnity shall not exceed the value of the Contract except for those claims involving personal injury or
tangible property damage.
14. Miscellaneous: The Contractor has made a careful examination of the site of the Project and
and conditions which may affect work under this Contract.
The Contractor will build the outside plant facilities under the Contract on rights-of-way provided by the Owner
including, where directed by the Owner, rights-of-way presently occupied by existing facilities of the Owner.
The Contractor will use no explosive in the performance of work under this Contract without the prior written
approval of the Owner. All permits necessary for the handling or use of dynamite or other explosives in
connection with construction of the Project shall be obtained by and at the expense of the Contractor.
Except as otherwise agreed to by the Owner, all work shall be performed without interruption to or
interference with existing telephone service.
The Contractor shall not assign this contract or any part thereof, or enter into any contract with any person,
firm, or corporation for performance of the Contractor's obligations hereunder, or any part of such obligations.
Nondiscrimination: (See RUS Form 270, to be attached to this contract.)
Debarment: The Contractor represents that to the extent required, it has complied with Executive Orders
12549 and 12689, Debarment and Suspension, and any rules or regulations issued thereunder, including 2
CFR Part 417.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
RUS Form 773 (12/90)


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