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201108713 NRCS WO Number: 02 !LR0 201108713 Contract Total: $7250.03 NRCS - 7077 Northland Cir Brooklyn Park, MN 55428 Purchasing: Josh Grugal ~josh.grugal@energyreo.com - P:763-489-7786 Property Information: 4256 Michigan Ave Grand Island, NE 68803 Lockbox: 3100 Vendor Information ERS Coordinator Dunns Construction Inc Phone: 316-461-7752 Name: Kurt Cutshall Randy & Micah Dunn Cell: 316-461-7752 Phone: 763-489-7765 4601 E. Douglas Street Fax: 316-260-4182 Fax: Wichita KS 67218 Fedid: 80-0604019 kurt.cutshall0energyreo.com THIS SUBCONTRACT AGREEMENT (this "SubconnucY"), is made this it is the 14th day of October 2011 (the "Effective Date"), by and between Nationwide Remediation Group and Construction Services, LLC, a Minnesota limited liability company (hereinafter known as "MRCS"), and Dins Construction Inc. (hereinafter known as "Subcontractor"). WHEREAS, MRCS desires to obtain the services of Subcontractor and Subcontractor desires to provide services to NRCS on the terms and subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and undertakings of the parties hereto, and the recitals listed above, the parties hereto agree as follows: 1.) Work to be Performed: Subcontractor shall provide NRCS with the services as described on attached Exhibit B (the "Terms"). 2.) Term of Agreement: This Agreement will become effective as of the day and year first above written and will continue in effect until terminated as provided herein. 3.) Payment: Subcontractor shall be paid by NRCS for the Work as described on attached Exhibit A ("Work'). 4) Commencement: Subcontractor may begin the Work on the Effective Date. S) Insurance: Subcontractor shall maintain throughout the term of this Agreement and for six (6) months thereafter, with financially sound and reputable insurers, insurance with respect to its respective property and business against loss or damage of the kinds customarily insured against by businesses of established reputations engaged in the same or similar business and similarly situated. 6) Compliance with Laws: Subcontractor shall comply with all local, state and federal laws, ordinances, rules and regulations applicable to the performance of the Work by Subcontractor. 7) Workmanship: Subcontractor warrants to NRCS that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of this Subcontract, but in any event Subcontractor warrants the Work against all defects in material or workmanship for the latter of a period of two (2) years from the date of final acceptance of the Work or portion thereof by NRCS or such other period as required by applicable local, state and/or federal laws, ordinances, rules or regulations. 8)Indemnification: Subcontractor shall indemnify, defend and hold NRCS (including its directors, officers, employees and agents) harmless, regardless of actual or alleged negligence of NRCS, from and against any and all claims (whether based in contract or tort or otherwise by operation of law) losses, damages, actions and suits (including without limiting the generality of the foregoing, legal fees and disbursements paid and incurred by NRCS to enforce the provisions of this Section) resulting from or arising out of (i) the failure of Subcontractor to carry out the provisions of this Subcontract, including, without limitation, any breach of the terms of this Subcontract and (ii) any acts or omissions of Subcontractor. 9) Termination: This Agreement may be terminated (i) by NRCS if Subcontractor fails to perform any of its obligations under this Agreement to the satisfaction of NRCS, (li) by NRCS if Subcontractor takes any action which has the effect of causing manifest injury to NRCS, (iii) by mutual written agreement of the parties, (iv) by NRCS upon five (5) days written notice to the other party, or (v) by either party upon death or insolvency of the other party. 10.) Governing Law: This Subcontract shall be governed by and shall be construed in accordance with the laws of the State of Minnesota. 11) Severability and Waiver If any provisions of this Subcontract are declared to be invalid, such provisions shall be severed from this Subcontract and any other provisions hereto shall remain in full force and effect 12.) Assignments and Subcontracting: Subcontractor shall not further subcontact the whole or any portion of the work without the written consent of ENERGY. Any attempt to assign or subcontract without the prior written consent of ENERGY shall be void. 13.) Counterparts: his Subcontract may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall be deemed one and the stone instrument. Signature pages to this Subcontract delivered by facsimile or any document delivered hereunder by facsimile shall be binding upon the parties to the same extent as an original. IN WITNESS WHEREOF, MRCS and Subcontractor have entered into this Subcontract effective as of the day and year first written above. a _ r Dunns Construction Inc: Date: MRCS: Date: 10/14/11 10:43 AM