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SUBCONTRACT
(Under Construction or Equipment Contracts)
AGREEMENT made this
day of
between
20
, by and
a (partnership, indi-
vidual, corporation) thereinafter called the "Contractor" and
of
(hereinafter called the "Subcontractor").
WHEREAS,
the Contractor has entered into a Construction Contract or Equipment
Contract hereinafter called the "Contract") dated
,20
with
(hereinafter
called the "Owner") Providing for
in a project bearing Rural Utilities Service designation
; and
WHEREAS, the Contractor and the Subcontractor desire that all of the Contractor's
obligations with regard to certain work under the Contract be performed by the Subcontractor;
NOW, THEREFORE, in consideration of the mutual undertakings herein contained,
the parties hereto agree as follows:
SECTION 1. The Subcontractor agrees to perform the Contractor's obligations
under the Contract which, by this reference, is made a Part hereof as though set
out in its entirety with respect to:
SECTION 2. The Subcontractor agrees that all of the work to be done hereunder
shall be carried out as directed by the Engineer of the Owner in full accordance with
the terms and provisions of the Contract.
SECTION 3. The Subcontractor shall maintain all insurance required under the
Contract and shall hold the Contractor and the Owner harmless from any and all claims
for injuries to persons or for damage to property happening by reason of any negligence,
default or misconduct on the part of the Subcontractor, his agents or employees during
the Performance of this Agreement.
RUS FORM 282 (Rev. 11-53)
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Expires: XX/XX/20XX
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SECTION 4. The Contractor agrees to pay the Subcontractor for the performance
of the work hereunder the sum of
$
Payable as follows:
SECTION 5. The work to be Performed hereunder shall be completed to the
satisfaction of the Contractor and the Owner within the time specified in the Contract.
In the event additions to or alterations in the work to be performed hereunder are
made necessary by changes in the Contract, the Subcontractor agrees to perform such
additional or alternative work in the same manner and under the same terms and conditions as the Contractor would be required so to
SECTION 6. Upon approval of this Agreement by the Owner, the surety company,
if any (hereinafter called the "Surety") furnishing the Performance Bond required by
the Contract, and the Administrator of the Rural Utilities Service (hereinafter called the "Administrator"), the Subcontractor shall, if required by Contractor, furnish to the Contractor a Performance Bond in form and substance satisfactory
to the Contractor.
SECTION 7. This agreement shall not become effective until consented to and
approved in writing by the Owner, the Surety if any, and the Administrator; provided,
however, that consent to and approval hereof by the Owner and the Administrator shall
in no way operate to release the Contractor from the Contractor's duties and obligations to the Owner under the Contract or operate to release the Surety if any, from
its obligations under the Performance Bond required by and relating to the Contract.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day
and year first above written.
CONTRACTOR
By
SUBCONTRACTOR
By
TITLE
TITLE
CONSENTED TO AND APPROVED:
[SEAL]
OWNER
By
PRESIDENT
DATE
CONSENTED TO AND APPROVED:
SURETY COMPANY*
[SEAL]
By
DATE
[* Attach power of attorney in favor of person signing for Surety.]
RUS FORM 282 (Rev. 11-53)
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File Type | application/pdf |
File Modified | 2014-04-17 |
File Created | 2011-10-14 |