Fill and Sign the Order Pursuant Form

Purchase Order Pursuant to Subcontract for Labor and Materials Agreement made on the       day of       , 20       , between       of       , (Name of Contractor) (Street Address, City, County, State, Zip Code) referred to herein as Contractor, and       , of (Name of Subcontractor)       , referred to herein as Subcontractor. (Street Address, City, County, State, Zip Code) Subcontract No.:       Job No.:       Job Name:       (Name of Project) Job Address :       , (Street Address, City, County, State, Zip Code) Date:       (Date of Subcontract) Requisition No.:       To:       (Name of Subcontractor) Scope of Work:       (Description of Work) Price: $       (Dollar amount of price) Terms of payment shall be as follows:       (Terms of Payment) ALL TERMS AND CONDITIONS AS SET FORTH BELOW AND ON REVERSE SIDE ARE A PART OF THIS PURCHASE ORDER. For and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. This order is between       , hereinafter called the (Name of Contractor) Contractor , and the party to whom the order is addressed, hereinafter called the Subcontractor, and shall, when accepted by the Subcontractor, become the exclusive contract between the parties, and all prior representations or agreements, whether written or oral, not incorporated in this contract, are superseded. 2. Work performed by the Subcontractor shall be in strict accordance with all applicable plans, general conditions, specifications, and addenda listed on the face as applicable to the same, and the Subcontractor is bound by all provisions of these documents and also all other Purchase Order Pursuant to Subcontract Page 1 of 4 documents to which the Contractor is bound and to the same extent. Where his specific work as set forth in the plans, specifications, and addenda, is not described in this order, the Subcontractor shall perform all work normally construed to come within the scope of his activities. 3. The Subcontractor agrees to indemnify and save harmless the Contractor and the Owner from any loss, expense, damage, or injury caused or occasioned, directly or indirectly, by its failure to comply with any of the following: A. The furnishing and paying for all necessary permits, licenses, and inspection fees as called for in the plans, specifications, and addenda as being his responsibility. B. The payment of all royalty and license fees and the defense of all suits or claims for infringement of any patent rights pertaining to work furnished by the Subcontractor. C. The payment of any loss or damage arising from any defects in material or workmanship for a period, and to the extent as set forth in the plans, specifications, and addenda or for a period of       years from date of acceptance, whichever is (Number) greater. 4. Subcontractor assumes entire responsibility and liability for any and all damage and injury of any kind or nature whatsoever to all persons, whether employees or otherwise, and to all property, growing out of, or resulting from the labor or material or both used in the performance of this contract or occurring in connection with this contract, and agrees to indemnify and save harmless the Contractor, the Owner and their agents, servants, and employees from and against any and all loss, expense, including legal fees and disbursements, damage, or injury growing out of, or resulting from the same, or occurring in connection with the same. The Subcontractor shall procure and maintain, at its own expense, the following insurance: workmen's compensation, including occupational disease within statutory limits; comprehensive general liability; including bodily injury and property damage and covering the contractual liability, and such other insurance as the Contractor or the Owner may require in amounts satisfactory to the Contractor. Before commencing work or delivering any material, the Subcontractor shall furnish a certificate to the Contractor showing the insurance to be in force and that it will not be canceled with less than       days written notice to the Contractor (Number) and the Owner . 5. If the Subcontractor delays the progress of the work or the furnishing of material, or fails in the performance of any of the provisions of this contract, or becomes bankrupt or insolvent, then the Contractor shall have the right to cancel this contract upon       days written (Number) notice mailed or delivered to the Subcontractor at its last known address. In case of such termination, the Subcontractor shall not be entitled to receive any further payments under this contract until the performance of the contract has been completed, at which time, if the unpaid balance due the Subcontractor exceeds the cost of completion, such amount shall be paid to the Subcontractor , but if such expense shall exceed such unpaid balance, then the Subcontractor Purchase Order Pursuant to Subcontract Page 2 of 4 shall pay to the Contractor the amount of the excess. 6. The Subcontractor shall clean up and remove from the premises all debris caused by the execution of the work or furnishing of material. Upon failure to remove its debris, the Contractor may remove it and charge the cost to the Subcontractor . 7. The Subcontractor shall furnish all necessary lien waivers, affidavits, and other documents required to keep the Owner 's premises free from liens or claims for liens of all materialman, Subcontractor s, or laborers, as payments are made under this contract. 8. The Subcontractor shall pay all contributions, taxes, or premiums which may be payable under federal or state unemployment insurance law or the federal Social Security Act and all sales, use or other taxes arising out of the performance of this contract. 9. The Subcontractor guarantees the Contractor and the Owner against any loss or damage arising from any defects in material or workmanship furnished by it under this contract for a period as set forth in the plans, specifications, and exhibits or for a period of       years (Number) from acceptance, whichever is greater, and agrees to replace any defective material and correct any defect in the work when requested to do so. 10 . The Subcontractor agrees that it will not assign this contract, or any of the monies due it, or to become due under this contract, or sublet any portion of the work without first obtaining written consent of the Contractor . 11. In the event of the termination of the contract between the Contractor and the Owner , this Agreement shall also be terminated, upon written notice of the Contractor to the Subcontractor , and the Contractor shall only be liable for labor and materials furnished up to the date of receipt of the written notice of termination and for materials ordered for the project, but only to the extent the Subcontractor is liable. 12 . It is agreed that the Owner has the right to approve or disapprove the employment of the Subcontractor , and if the Owner does not approve the Subcontractor , this contract shall become null and void. 13. No additions, deductions, or changes shall be made in the work, nor shall there be any charges for premium time, except upon written order of the Contractor , which order shall specify the amount of additional compensation or credit to be applied to the amount of this purchase order. WITNESS our signatures as of the day and date first above stated. By: By: (P rinted name) (P rinted name)             (Signature of Contractor) (Signature of Subcontractor) Purchase Order Pursuant to Subcontract Page 3 of 4 (Acknowledgment form may vary by state) State       County of       Personally appeared before me, the undersigned authority in and for the said county and state, on this       day of       , 20       , within my jurisdiction, the within named,       , who acknowledged that he executed the (Name of Contractor) above and fore going instrument.       NOTARY PUBLIC My Commission expires:       STATE OF       COUNTY OF       Personally appeared before me, the undersigned authority in and for the said county and state, on this       day of       , 20       , within my jurisdiction, the within named       , who acknowledged that he (Name of Subcontractor) executed the above and fore going instrument.       NOTARY PUBLIC My Commission expires:       Purchase Order Pursuant to Subcontract Page 4 of 4