Common use of Notice to Cure Clause in Contracts

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and profit, and actual attorney's fees incurred as a result of Subcontractor's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Cure.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 14.1.1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-forty- eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply Supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work’s work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and reasonable overhead, profit, and actual attorney's attorneys’ fees incurred as a result of Subcontractor's ’s failure of performance; (b) contract Contract with one or more additional contractors to perform such part of Subcontractor's Work ’s work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold Withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Curenotice.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 14.1.1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply Supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work’s work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and profitreasonable overhead, prof it, and actual attorney's attorneys’ fees incurred as a result of Subcontractor's ’s failure of performance; (b) contract Contract with one or more additional contractors to perform such part of Subcontractor's Work ’s work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold Withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Curenotice.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 5.1.1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, and to complete the cure of such default within the time period stated in Contractor's default notice, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply Supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Workwork, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and profitprofit fee, and actual attorney's fees incurred as a result of Subcontractor's failure of performance; (b) contract Contract with one or more additional contractors to perform such part of Subcontractor's Work work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost thereof to Subcontractor including fifteen percent (15%) overhead and profit thereof to Subcontractorfee; and (c) withhold Withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as per (a), (b) and (c) above without first providing a Notice notice. In addition to Cureany other remedies Contractor may have, upon written notice, Contractor shall be entitled to perform using its own or other forces those cleanup duties that Subcontractor has failed to perform, to remedy safety deficiencies, or otherwise to remedy Subcontractor’s failure to have complied with requirements of this Agreement or with directives by Contractor. In such an event, Contractor shall be entitled to recover from Subcontractor, back-charge against Subcontractor, and/or set-off against amounts owed to Subcontractor, the actual direct and indirect costs that Contractor has incurred (including attorney’s fees, consultant fees, and other legal costs) plus markup of fifteen percent (15%).

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this AgreementWork, or fails to make prompt payment to his its workers, sub-sub- subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 14.2.1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptnesspromptness and to complete the cure of such default within the time period stated in Contractor’s default notice, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's the Work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including that cost and a markup of fifteen percent (15%) for overhead and profit, and plus actual attorney's attorneys’ fees incurred as a result of Subcontractor's ’s failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's the Work as Contractor shall determine will provide the most expeditious completion of the total work Work and charge the cost including thereof to Subcontractor, who shall be liable for the payment of that cost and a markup of fifteen percent (15%) for overhead and profit thereof to plus actual attorneys’ fees incurred as a result of Subcontractor’s failure of performance; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Curenotice.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 14.1.1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, ’s work or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and reasonable profit, and actual attorney's attorneys’ fees incurred as a result of Subcontractor's ’s failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's Work ’s work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Curenotice.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and overhead, ten percent (10%) for profit, and actual attorney's fees incurred as a result of Subcontractor's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and ten percent (10%) profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice to Cure.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper workers, equipment, or materials, or fails to properly and diligently prosecute the work covered by this AgreementSubcontractor’s Work, or fails to make prompt payment to his Subcontractor’s workers, sub-subcontractors subcontractors, or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship apprenticeship, or other employee benefit program or trust, or is otherwise guilty of a material breach of a materially breaches any provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable of Contractor’s rights or remedies, shall have the right to any or all of the following remedies: (a1) Contractor may supply such number of workers and quantity of materials, equipment equipment, and other facilities as Contractor deems necessary for the completion of Subcontractor's ’s Work, or any part thereof thereof, which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of the same including fifteen percent (15%) for overhead and reasonable overhead, profit, and actual attorney's fees ’s fees, expert’s fees, and costs incurred as a result of Subcontractor's ’s failure of performance; (b2) Contractor may contract with one or more additional contractors to perform such part of Subcontractor's ’s Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the entire cost thereof to Subcontractor, including but not limited to, Contractor’s reasonable overhead and profit thereof to Subcontractor; andand all attorney’s fees, expert’s fees, and costs; (c3) Contractor may withhold payment of any monies due Subcontractor pending corrective action to the extent required by by, and to the satisfaction of, Contractor and Contractor may deduct or offset from any payments to Subcontractor any amounts owed to Contractor by Subcontractor arising out of Contractor.the performance of this Agreement or any other agreement, event or transaction, whether or not related to this Agreement, the Project, or Subcontractor’s Work; and (d4) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency any conduct by Subcontractor, or any person or entity acting on Subcontractor’s behalf including, but not limited to, Subcontractor’s agents, employee’s, subcontractors, or suppliers, affecting the safety of persons or propertyproperty on or near the Project, Contractor may proceed as above exercise any or all of the remedies set out in this Section 15 without first providing a Notice giving prior notice to CureSubcontractor.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this AgreementWork, or fails to make prompt payment to his its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or fails to provide adequate assurance pursuant to Section 14.2.1, or is otherwise guilty of a material breach of a provision of this AgreementSubcontract, and fails within forty-eight two (482) hours business days after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable other rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, the Work or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including that cost and a markup of fifteen percent (15%) for overhead and profit, and plus actual attorney's attorneys' fees incurred as a result of Subcontractor's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's the Work as Contractor shall determine will provide the most expeditious completion of the total work entire Project and charge the cost including overhead and profit thereof to Subcontractor, who shall be liable for the payment of that cost and a markup of fifteen percent (15%) for overhead and profit, plus actual attorneys' fees incurred as a result of Subcontractor's failure of performance; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without first providing a Notice notice to CureSubcontractor.

Notice to Cure. A DEFAULT If the Subcontractor at any time refuses or neglects fails to supply proper supervision, a competent person (as defined by OSHA), enough properly skilled workers and qualified workers, proper materials, or fails to properly and diligently prosecute maintain the work covered by this AgreementProgress Schedule, or fails to make prompt payment to his its workers, sub-subcontractors subcontractors, or suppliers, or becomes delinquent with respect to contributions disregards Laws, ordinances, rules, regulations or payments required to be made to orders of any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trustpublic authority having jurisdiction, or otherwise is otherwise guilty of a material breach of a provision of this Agreement, and the Subcontractor shall be deemed in default of this Agreement. If the Subcontractor fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) notification to commence and continue satisfactory correction and curing of such the default with diligence and promptness, then Contractor, the Constructor without prejudice to any legal or equitable other rights or remedies, shall have the right to exercise any or all of the following remedies: (a) 10.1.1.1 supply such number of workers and quantity of workers, materials, equipment equipment, and other facilities as Contractor the Constructor deems necessary for the completion of Subcontractor's Work, the Subcontract Work or any part thereof which the Subcontractor has failed to complete or performperform after written notification, and charge the cost thereof to SubcontractorSubcontractor costs and expenses, who shall be liable for the payment of same including fifteen percent (15%) for overhead and reasonable overhead, profit, and actual attorney's attorneys' fees incurred as a result of Subcontractor's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies are due or to become due Subcontractordue. The Subcontractor shall be liable for the payment of any amount by which such expenses expense may exceed the unpaid balance of the Contract PriceSubcontract Amount. 10.1.1.2 contract with one or more additional contractors to perform such part of the Subcontract Work as the Constructor determines will provide the most expeditious completion of the Work, and charge the cost to the Subcontractor as provided under the subsection above; 10.1.1.3 withhold any payments due or to become due the Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to the satisfaction of the Constructor. In the event of an emergency affecting the safety of persons or property, Contractor the Constructor may proceed as above without first providing notice, but the Constructor shall give the Subcontractor notice promptly after the fact as a Notice precondition of cost recovery; or 10.1.1.4 terminate the Agreement by written notice. All costs incurred by the Contractor in performing the Subcontract Work, including reasonable overhead, profit and attorney's fees, costs and expenses, shall be deducted from any moneys due or to Curebecome due the Subcontractor. The Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Subcontract Amount. At the Subcontractor's request, the Contractor shall provide a detailed accounting of the costs to finish the Subcontract Work.

Notice to Cure. If the Subcontractor at any time refuses or neglects fails to supply enough properly skilled workers and workers, proper materials, or fails maintain the Milestones or Schedule of Work set forth in Exhibits B1 and/or B2 as amended by the General Contractor from time to properly and diligently prosecute the work covered by this Agreementtime, or it fails to make prompt payment to his for its workers, sub-subcontractors or suppliers, disregards laws, ordinances, rules, regulations or becomes delinquent with respect to contributions or payments required to be made to orders of any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trustpublic authority having jurisdiction, or otherwise is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight three (483) hours working days after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then the General Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies: (a) supply Supply such number of workers and quantity of materials, equipment and other facilities as the General Contractor deems necessary for the completion of the Subcontractor's Work, or any part thereof which the Subcontractor has failed to complete or performperform after the aforesaid notice, and charge the and cost thereof to the Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead reasonable overhead, profit and profit, and actual attorney's fees incurred as a result of Subcontractor's failure of performance;fees. (b) contract Contract with one or more additional contractors subcontractors or itself to perform such part of the Subcontractor's Work as the General Contractor shall determine will provide the most expeditious completion of the total work Work and charge the cost including overhead and profit costs thereof to the Subcontractor; and. (c) withhold Withhold payment of any monies moneys due the Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractorthe General Contractor and the Owner. (d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Charge the Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by the General Contractor in performing Subcontractor's Workdue to its delay or breach, including a markup of fifteen percent (15%) for overhead and profit on such expensesbut not limited to, plus actual reasonable overhead, profit, attorney's fees as provided aboveand additional actual expenses incurred for general requirements, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for supervision, equipment rental, and the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Price. like. e) In the event of an any emergency affecting the safety of persons or property, the General Contractor may proceed as above without first providing a Notice to Curenotice.

Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and does not diligently prosecute the work covered by this AgreementWork or maintain Contractor's schedule for the Work or timely pay any person or entity who has the right to file a stop notice with the Owner or to commence an action on Contractor's payment bond, or if Subcontractor otherwise materially breaches this Subcontract and if Subcontractor or its surety fails within two (2) business days after receipt of written notice of such default from Contractor to make prompt payment commence and thereafter continue diligently to his workers, sub-subcontractors or suppliersremedy such default, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or if Subcontractor is otherwise guilty of a material breach of a provision of this Agreement, Subcontract and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor shall have the right either (i) to perform the balance of the Work and deduct the cost thereof from amounts due and to become due to Subcontractor under this Subcontract or (ii) to terminate this Subcontract. If Contractor terminates this Subcontract, (i) Subcontractor, on demand, shall assign to Contractor such purchase orders and subcontracts that Subcontractor has entered into with respect to the Work as may be designated by Contractor, without prejudice to any legal or equitable rights or remedies, , (ii) Contractor shall have the right to any or all of use, to complete the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and profit, and actual attorney's fees incurred as a result of Subcontractor's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor's Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and (c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. (d) Terminate for default Subcontractor's rights under this Agreement and use any all on-site materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any and (iii) Contractor shall have no further compensation obligation to Subcontractor for such use. Contractor also may furnish those materials and equipmentexcept to pay to Subcontractor, and/or employ such workers or subcontractors as Contractor deems necessary to maintain after the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that timecompleted and Contractor has received final payment therefor from Owner, all an amount equal to the excess, if any, of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen percent (15%) for overhead and profit on such expenses, plus actual attorney's fees as provided above, shall be deducted from any monies due or to become due Subcontractor. Subcontractor shall be liable for the payment of any amount by which such expenses may exceed the unpaid balance of the Contract Priceamount payable under this Subcontract over the cost incurred by Contractor to finish the Work; if such cost exceeds such unpaid balance, Subcontractor or its surety promptly shall pay the excess to Contractor. In As used in this paragraph and hereafter, the event term "cost" shall mean the cost incurred by Contractor plus an amount equal to 15% of such cost for overhead and an emergency affecting amount equal to 10% of total of the safety of persons or property, Contractor may proceed as above without first providing a Notice foregoing for profit. The remedies specified in this paragraph are in addition to Cureany other legal remedies available to Contractor.