1041 KRAEMER PLACE ANAHEIM CA 92806 714.630.8580 714.630.0430 FAX
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I. Miscellaneous
1. T&M
Sheets. Subcontractor and Contractor shall sign a Time and Material Rate
Sheet (T&M Sheet) in advance of start of project and/or annually that will be
utilized for computation of additive/deleted work. This signed T&M Sheet shall
be noted as part of the contract documents and cannot be amended unless
agreed to in a writing signed by both Contractor and Subcontractor after a
project has started. Subcontractor must provide and obtain a signature and
reference in writing any amended T&M Sheet in advance of the start of a new
project, if under the blanket agreement, or in any project specific agreement.
2. Bid
Cycle. Subcontractor shall verify in advance and/or during the "bid cycle" of
the project as to what facilities, services, utilities, or any other items or
conditions may, or may not, be available to Subcontractor for use during the
project. Unless specifically stated in writing in the written proposal, or in the
subcontract documents, Contractor shall not be liable to reimburse costs to
Subcontractor or provide facilities, services, utilities, etc., which are not
available.
3. Consequential
Damages. Subcontractor waives claims against UDC for
consequential damages, emotional distress damages and business interruption
arising out of or relating to this Subcontract, its alleged breach, and any other
act or omission by or on behalf of UDC, including without limitation, any
consequential damages due to either party's termination.
4. Survival. This Agreement and all representations, covenants, warranties,
indemnities, duties, rights, and obligations shall survive, and shall not terminate
or expire, for any reason including completion of the project and shall inure to
the benefit of the parties and their heirs, successors, and assigns.
5. Authority. Subcontractor hereby acknowledges, accepts, and understands the
terms outlined in this agreement and affirm that he/she has the authority as
agent to bind his/her company to this agreement ("Agreement").
6. Scope. This Agreement is for the "Work" to be performed for UDC Corporation,
hereinafter "UDC" or "Contractor," for or on any and all project(s) for the year
2005 and thereafter unless replaced or amended in writing and in accordance
with UDC's subcontractor terms and conditions as stated herein. It is
understood and agreed that UDC may elect to utilize services from Subcontractor
from time to time during the course of the year. The intent of this Agreement is
to bind services and efforts of work, etc., to the terms of this single Agreement.
Further, it is understood that the scope of work (SOW), owner, higher tiered
contractor (prime contractor) requirements, job site location, schedule, etc., may
change. However, the spirit of this Agreement shall remain in effect.
7. Locations. The job site locations, customers, owners, prime contractor(s), etc.,
may vary and are throughout the State of California, primarily Southern
California. UDC will provide the names, addresses, contacts, etc., as required to
facilitate the work, to file preliminary notices of lien, and as requested in writing.
8. Open
Shop. UDC Corporation is an "open shop" and not affiliated with any trade
organization.
