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200405994 SECTION
<br />Contract Documents
<br />2.1 The Contract Documents: The plans, specifications, general conditions, special conditions and addenda
<br />prepared by the Owner and/or Architect for the Project and the general contract between the Owner and
<br />SIGNATURE (the "General Contract "), together with all Change Orders and modifications thereto through
<br />the date of this Trade Contract are hereinafter referred to collectively as the "Contract Documents." The
<br />Contract Documents (and any amendments thereto) are available for examination by the Trade Contractor
<br />at all reasonable times at SIGNATURE's office.
<br />2.2 Contract Documents and Trade Contracts are Complementary: This Trade Contract and the Contract
<br />Documents supplement and complement one another and, if possible, shall be so interpreted; but, if a
<br />provision of this Trade Contract irreconcilably conflicts with a provision of the Contract Documents, the
<br />provision granting greater rights or remedies to SIGNATURE, or imposing the greater duty, standard,
<br />responsibility or obligation on the Trade Contractor shall govern.
<br />2.3 Documents Incorporated by Reference: Attachment A (Trade Contractor's Scope of Work); Attachment
<br />B (Modifications to Trade Contract); Attachment C (Insurance Requirements); and Attachment D (Bond
<br />Requirements), are incorporated into and made a part of this Trade Contract by this reference.
<br />SECTION 3
<br />Scope of Trade Contractor's Work and Trade Contractor's
<br />Representations as to the Contract Documents and the Job Site
<br />3.1 Trade Contractor's Work: Trade Contractor, as an independent contractor, shall perform the Work
<br />specified in Attachment A in strict accordance with this Trade Contract, the Contract Documents, the
<br />Project Schedule and all applicable laws, and shall have sole responsibility for the superintendence,
<br />direction and performance of its employees and others performing portions of Trade Contractor's Work.
<br />Trade Contractor hereby represents and warrants that Trade Contractor is experienced in performing the
<br />type, quality and quantity of work required for performance of this Trade Contract, is financially solvent
<br />with sufficient capital and has sufficient management, supervision and labor capacity to properly perform
<br />this Trade Contract.
<br />3.2 Trade Contractor's Superintendent: Trade Contractor shall maintain, at all times, a competent
<br />superintendent for the proper management, administration, coordination, supervision and superintendency
<br />of Trade Contractor's Work. Trade Contractor's superintendent shall not be changed, or his/her duties
<br />altered, without SIGNATURE's written approval, unless any such person ceases to be employed by Trade
<br />Contractor, in which event such person shall be replaced with an individual against whom SIGNATURE
<br />has no reasonable objection.
<br />3.3 Scope of Work: The scope of Trade Contractor's Work includes, without limitation, all materials, labor,
<br />supervision, services, inspection, testing, tools, equipment, supplies, fuel, transportation, installation,
<br />temporary facilities, clean up and all items, services, permits or licenses of any kind whatsoever necessary
<br />to fully perform and complete Trade Contractor's Work. Trade Contractor shall pay for all costs of the
<br />performance of all its obligations under this Trade Contract, even if those costs exceed the Trade Contract
<br />Price.
<br />3.4 Effect of Contract Documents on Obligations, Liabilities and Claims: Trade Contractor agrees that as
<br />to Trade Contractor's Work:
<br />(a) Trade Contractor owes to SIGNATURE the same obligations that SIGNATURE owes to the
<br />Owner or any third party under the Contract Documents;
<br />(b) Trade Contractor shall be liable to SIGNATURE to the same extent that SIGNATURE is liable to
<br />the Owner or any third party under the Contract Documents;
<br />(c) Trade Contractor's rights to make claims arising out of force majeure events or acts or omissions
<br />of the Owner and/or persons or entities for whom the Owner is responsible are limited to the same
<br />extent that SIGNATURE's rights to make such claims are limited by the Contract Documents;
<br />Initial —TILI—/ jj-�
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