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® operation of a debris management site, shall be a component of Subcontractor price(s) or <br /> rate(s) set forth on a written Work Order. <br /> 5. Time is of the essence in Subcontractor's performance of its work. <br /> Subcontractor shall timely make payment for all labor, services, supplies, equipment, and/or <br /> subcontracts relating in any way to Subcontractor's work. Subcontractor shall defend, <br /> indemnify, and hold Contractor harmless from any loss or expense (including, but not limited <br /> to, attorneys' and expert witness fees) arising out of, or in any way relating to, claims for <br /> payment asserted by persons or entities who supplied labor, equipment, or supplies of any <br /> type in connection with or relating to the performance of Subcontractor's work. Contractor <br /> shall have the right and option to pay the claims of any of Subcontractor's subcontractors or <br /> suppliers and charge back to Subcontractor such amount plus an additional 20% as an <br /> administrative fee. <br /> 6. Subcontractor agrees that in performing its work, it will not create, use, or <br /> 4111 dispose of any hazardous chemicals or substances in an unlawful or hazardous manner and <br /> shall be solely responsible for the lawful, proper, and safe handling, storage, and removal of <br /> all hazardous wastes, chemicals, and substances. Subcontractor warrants that all vehicles, <br /> materials, tools, vessels, and equipment utilized in the performance of its work shall be in good <br /> working order, properly licensed and permitted, and in compliance with all local, state, and <br /> federal requirements. If required by law, all vehicles, equipment, and trailers transporting <br /> debris shall be covered with tarps or other similar coverings and be equipped with a tailgate <br /> that will effectively contain all debris during transport. Trucks, trailers, and other vehicles and <br /> equipment used to haul debris must be capable of rapidly dumping its load without the <br /> assistance of other equipment. Subcontractor warrants that all drivers of vehicles and <br /> equipment participating in Subcontractor's work, whether directly employed or contracted by <br /> Subcontractor or not, are properly licensed and existing under all applicable local, state, and <br /> federal laws and regulations. Subcontractor shall give all notices and comply with all codes, <br /> laws, ordinances, rules, regulations, and orders of any public authority bearing on the <br /> 4111 <br /> performance of the work. <br /> KDF Enterprises, LLC RFP Disaster Debris Management and Disposal Services 18-04-02 <br />