Common use of CONTRACTOR OBLIGATIONS AND REPRESENTATIONS Clause in Contracts

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique s, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Work. 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Work. 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA XXXX discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the GoodsWork. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the GoodsWork. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the GoodsWork. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. Contractor shall execute the Texas Government Code 2252.152 Certification Form, attached hereto as Exhibit 3F and incorporated herein. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 3E and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected GoodsWork, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goodswork, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, Work or Contractor’s correction of its defective Work or defective GoodsWork, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied GoodsWork, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied GoodsWork. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, Work or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Workxxx.xxxx.xxx . 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 3 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed per formed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Work. 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA XXXX discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Work. 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the GoodsWork. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the GoodsWork. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the GoodsWork. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. Contractor shall execute the Texas Government Code 2252.152 Certification Form, attached hereto as Exhibit 3F and incorporated herein. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 3E and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected GoodsWork, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goodswork, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, Work or Contractor’s correction of its defective Work or defective GoodsWork, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied GoodsWork, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied GoodsWork. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, Work or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Workxxx.xxxx.xxx . 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Work. 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the GoodsWork. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the GoodsWork. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the GoodsWork. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected GoodsWork, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goodswork, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, Work or Contractor’s correction of its defective Work or defective GoodsWork, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied GoodsWork, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied GoodsWork. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, Work or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Workxxx.xxxx.xxx . 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the GoodsWork. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRA, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the GoodsWork. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the GoodsWork. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 Attachment C and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected GoodsWork, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goodswork, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, Work or Contractor’s correction of its defective Work or defective GoodsWork, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied GoodsWork, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied GoodsWork. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, Work or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed per formed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor shall maintain a work force adequate to accomplish the Work within the Contract Time. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Work. Contractor and any subcontractor, and their respective employees, may not use or possess any alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor and their respective employees, may not use or possess any firearms or other weapons while on the job or on SJRA property. If the SJRA or and SJRA Division representative notifies Contractor that any of worker or representative is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this Agreement, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Work, and may not employ such worker or representative again on the Work without SJRA’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property in all matters pertaining to this Workxxx.xxxx.xxx . 5.17 Contractor agrees to assign and hereby assigns to SJRA any rights it may have to bring antitrust suits against its manufacturers or suppliers for overcharges on materials incorporated in the Work growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA should SJRA wish to prosecute suits against manufacturers or suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA for all acts and omissions of the subcontractors, manufacturers, or suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, manufacturer, or supplier or other person or organization any contractual relationship between SJRA and any such subcontractor, supplier, manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor, manufacturer or supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractors, manufacturers, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractors, manufacturers, suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractor, manufacturer and supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor; however, if SJRA requires any such performance by a subcontractor for SJRA’s direct benefit, then SJRA shall be bound and obligated to pay such subcontractor the reasonable value for all Work performed by subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractor’s work, and for all Work performed by subcontractor thereafter. In the event that SJRA elects to invoke its right under this section. SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or any of the exhibits or attachments hereto. SJRA reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsection, indemnify and save harmless SJRA from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRA. SJRA shall have the right to stop the Work and /or terminate this Agreement at any time in the event SJRA discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.

CONTRACTOR OBLIGATIONS AND REPRESENTATIONS. 5.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in SJRA’s request for bids, proposals or quotes for the Work and supply of the Goods. 5.2 Contractor has visited the site of the Work and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work. Contractor has attended any mandatory pre-submittal conference or site visit required by SJRAXXXX, and had the opportunity to ask any questions of SJRA relevant to Contractor’s performance and completion of the Work and supply of the Goods. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work and supply of the Goods. 5.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in Contract Documents or made available to Contractor by SJRA, and (2) reports and drawings of hazardous environmental conditions, if any, at the site of the Work which have been identified in the Contract Documents. 5.5 Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface and subsurface) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, technique stechniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 5.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work or supply of the Goods, at Contract Price, within Contract Time, and in accordance with the Contract Documents. 5.7 Contractor is aware of the general nature of any on-going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall perform the Work and supply of the Goods, in such manner as to minimize any impact on any on- going operations and/or work to be performed by the SJRA and others at the site of the Work, and Contractor shall cooperate with SJRA and others to coordinate the Work with any on-going operations and/or work to be performed by the SJRA and others at the site of the Work. 5.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site of the Work, reports and drawings identified in the Contract Documents or made available to Contractor by SJRA, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 5.9 Contractor has given SJRA written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by SJRA is acceptable to Contractor. 5.10 The Contract Documents are generally sufficient to indicate and convey understanding of all requirements for performance and furnishing of the Work. 5.11 Contractor does not have any contracts with and does not provide supplies or services to any organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189 (a “Foreign Terrorist Organization”); or the United States government has affirmatively declared Contractor to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a Foreign Terrorist Organization. 5.12 Pursuant to Section 2270.002 of the Texas Government Code, contemporaneous with Contractor’s execution of this Agreement, Contractor shall execute the Verification Company Does Not Boycott Israel, attached hereto as Exhibit 2 and incorporated herein. 5.13 Contractor warrants that (1) all materials and equipment furnished under this Agreement will be new and of good quality unless otherwise expressly provided herein; (2) all Work will be performed in a good and workmanlike manner, and free from defects in material and workmanship; and (3) all Work and Goods provided, will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including any substitutions not properly approved and authorized in writing by SJRA, may be considered defective. The Contractor shall promptly correct all Work and Goods provided, rejected by SJRA as failing to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such rejected Work or rejected Goods, including but not limited to the costs of uncovering the Work, and costs of repairing or replacing other work or Goods, property or improvements of SJRA damaged as a result of Contractor’s defective Work, defective Goods, or Contractor’s correction of its defective Work or defective Goods, and any additional inspections or testing required. In addition to the Contractor’s other obligations including but not limited to any other implied or express warranties under the Contract Documents, the Contractor shall, for a period of one year after completion of the Work, correct all Work and supplied Goods, not conforming to the requirements of the Contract Documents, at Contractor’s sole cost and expense. If the Contractor fails to correct non-conforming Work and supplied Goods, within a reasonable time, SJRA may correct it and Contractor shall promptly pay SJRA all costs of correction. Nothing contained in this paragraph 5.13 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents or at law or in equity. Establishment of the one-year period for correction of Work and supplied Goods, as described in this paragraph 5.13 relates only to the specific obligation of the Contractor to correct the Work and supplied Goods, and has no relationship to the time within which the obligation to comply with the Contract Documents and any implied warranties may be sought to be enforced, nor to the time within which legal proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work and supplied Goods. 5.14 Contractor shall not subcontract the performance of the entire Work, supply of Goods, or the supervision and direction of the Work without SJRA’s prior written consent. Contractor shall not employ any subcontractor, whether initially or as a substitute, against whom SJRA may have reasonable objection. Contractor shall enter into written agreements with all subcontractors which specifically bind the subcontractors to the applicable terms and conditions of the Contract Documents for the benefit of SJRA. Contractor shall be fully responsible to SJRA for all acts and omissions of its subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractor or other person or organization any contractual relationship between SJRA and any such subcontractor or other person or organization, nor shall it create any obligation on the part of SJRA to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by applicable law. Contractor shall pay each subcontractor and other persons and organizations performing or furnishing any of the Work their appropriate share of payments made to Contractor not later than ten (10) days after Contractor’s receipt of payment from SJRA. To the extent allowed by Texas law, SJRA shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA elects, following a termination of the Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRA, rather than the Contractor. In the event that SJRA elects to invoke its right under this section, SJRA will provide written notice of such election to the terminated Contractor and the affected subcontractor(s). 5.15 In accordance with Chapter 2258 of the Texas Government Code, Contractor shall pay and shall require that each of its subcontractors pay not less than the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft or type of worker needed to execute the Work, and the prevailing rate for legal holiday and overtime work, as dete rmined determined by SJRA. Such prevailing rates are those determined by the United States Department of Labor, and are available at xxxx://xxx.xxx.xxx/whd/contracts/dbra.htm and at the Wage Determination website at xxx.xxxx.xxx 5.16 Contractor Contractors shall maintain a work force adequate to accomplish the Work within the Contract TimeTime Requirements. Contractor agrees to employ only orderly and competent workers, skillful in performance of the Worktype of Work required under this Contract. Contractor and any subcontractorContractor, Subcontractors, Sub-Subcontractors, and their respective employees, employees may not use or possess any ay alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or SJRA on Owner’s property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. Subject to the applicable provision of Texas law, Contractor and any subcontractor Contractors Subcontractors, Sub-Subcontractors, and their respective employees, employees may not use or possess any firearms or other weapons while on the job or on SJRA the Owner’s property. If the SJRA Owner or and SJRA Division representative notifies Contractor that any of worker or representative of Contractor is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Texas Law or this AgreementContract, or has possessed or was under the influence of alcohol or drugs on the job, Contractor shall immediately remove such worker or representative, including any officer or owner of Contractor, from performing the Contract Work, and may not employ such worker or representative again on the Contract Work without SJRAOwner’s prior written consent. Contractor shall at all times maintain good discipline and order on SJRA property or off the Site in all matters pertaining to this Work/Project. 5.17 Contractor agrees to assign and hereby assigns to SJRA Owner any rights it may have to bring antitrust suits against its manufacturers Manufacturers or suppliers Suppliers for overcharges on materials incorporated in the Work Work/Project growing out of illegal price fixing agreements. Contractor further agrees to cooperate with SJRA Owner should SJRA Owner wish to prosecute suits against manufacturers Manufacturers or suppliers Suppliers for illegal price fixing. 5.18 Contractor shall be fully responsible to SJRA Owner for all acts and omissions of the subcontractorsSubcontractors, manufacturersManufacturers, or suppliers Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such subcontractorSubcontractor, manufacturerManufacturer, or supplier Supplier or other person or organization any contractual relationship between SJRA Owner and any such subcontractorSubcontractor, supplierSupplier, manufacturer Manufacturer or other person or organization, nor shall it create any obligation on the part of SJRA Owner to pay or to see to the payment of any moneys due any such subcontractorSubcontractor, manufacturer Manufacturer or supplier Supplier or other person or organization except as may otherwise be required by laws and regulations. 5.19 Contractor shall be solely responsible for efficiently scheduling and coordinating the Work of subcontractorsSubcontractors, manufacturersManufacturers, suppliers Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays Delays or inefficiencies in the prosecution of the Work. Contractor shall require all subcontractorsSubcontractors, manufacturersManufacturers, suppliers Suppliers and such other persons and organizations performing or furnishing the any of the Work to communicate with the designated SJRA Division representative through Contractor. 5.20 Contractor shall pay each subcontractorSubcontractor, manufacturer Manufacturer and supplier Supplier their appropriate share of payments made to Contractor not later than ten (10) Calendar Days from Contractor’s receipt of payment from SJRAOwner. To the extent Extent allowed by Texas law, SJRA the Owner shall be deemed to be a third party beneficiary to each subcontract and may, if SJRA Owner elects, following a termination of the Contractor, require that the subcontractor(sSubcontractors(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of SJRAthe Owner, rather than the Contractor; however, if SJRA the Owner requires any such performance by a subcontractor Subcontractor for SJRAthe Owner’s direct benefit, then SJRA the Owner shall be bound and obligated to pay such subcontractor Subcontractor the reasonable value for all Work performed by subcontractor Subcontractor to the date of termination of the Contractor, less payments to Contractor for such subcontractorSubcontractor’s work, and for all Work performed by subcontractor Subcontractor thereafter. In the event that SJRA the Owner elects to invoke its right under this section. SJRA Owner will provide written notice of such election to the terminated Contractor and the affected subcontractor(sSubcontractor(s). 5.21 Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid/Proposal. Contractor shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright, suitable legal agreement with the patentee, copyright holder, or their duly authorized representative, whether or not a particular design, device, material, or process is specified by Owner. Prepared by the Owner or Principal Architect/Engineer, unless Contractor knew or reasonably should have known of the exhibits patent or attachments heretocopyright violation and failed to notify Owner of same. SJRA Owner reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor shall, to the extent provided in this subsectionSubsection, indemnify and save harmless SJRA Owner from all costs and expenses of such defense as well as satisfaction of all judgments entered against SJRAOwner. SJRA Owner shall have the right to stop the Work and /or terminate this Agreement the Contract at any time in the event SJRA Owner discovers that Contractor’s work methodology includes the use of any infringing design, device, material or process.