2.MASTER SUBCONTRACT AGREEMENT.
Notwithstanding anything set forth herein to the contrary, this Agreement shall be a master agreement governing the relationship between Contractor, its subsidiaries and affiliated companies, and the Subcontractor with regard to all future Projects. The specifics regarding each Project, including, but not limited to, the name of the Project, the Project number, the Customer, the Drawings, contract sum for the Project, required dates of commencement and substantial completion and any other pertinent information are described in a Proposal, attached hereto as Exhibit “A” for each Project, which is incorporated herein by reference. In addition, each Proposal and the incorporated documents shall be treated as a separate and distinct Subcontract, and each Proposal and the incorporated documents shall be deemed legally and absolutely separate and apart from any other Proposal and the incorporated documents for all purposes including, without limitation, any applicable warranty period, any applicable statute of limitations or statute of repose, any unpaid sums due under the Proposal and any incorporated documents, any rights of setoff or recoupment, and any default by either party with the sole exception of Contractor’s right to cross-default as stated in the Agreement. It is agreed that it is the intention of the parties that each Proposal and the incorporated documents shall be treated, interpreted, and enforced as a completely separate contract from every other Proposal and the incorporated documents.
The Contract Documents consist of this Agreement and any Exhibits attached hereto, the Agreement between the Contractor’s Customer and Contractor, including without limitation, the Conditions of the Contract between Contractor’s Customer and Contractor (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda, Attachments, and Exhibits issued prior to and all Modifications issued after execution of the Agreement between the Contractor’s Customer and Contractor. These documents combined with each Proposal, attached hereto as Exhibit “A” shall form the Subcontract and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein. The Subcontractor is required to review all Contract Documents, prior to the execution of the Proposal. Subcontractor acknowledges all drawings and specifications have been made available. Terms and conditions provided by Subcontractor on any invoice or proposal shall not limit, affect, or modify this Agreement or the Contract Documents.
This Agreement shall be effective on the date this Agreement is entered into as set forth above, and shall remain in effect until the earlier of two (2) years from the effective date, or upon written notice of termination as provided herein. However, at the conclusion of two (2) years, and absent written notice of by either party, this Agreement shall automatically renew each year for an additional one (1) year duration until written notice of termination
Subcontractor shall furnish and pay for all labor, materials, equipment, tools, appliances, machinery, services, supervision, layout, water, utilities, transportation, loading and unloading, hoisting, cleanup, hauling, and disposal of all waste or debris, insurance, bonds (if required), shop drawings /submittals, schedules, and anything else required to timely complete those portions of the Project identified on the Proposal, free from all claims and liens of materialmen, suppliers, laborers, truckers, subcontractors, and others making claims through the Subcontractor, to be done to the satisfaction of the Owner, the Architect and/or Engineer, and the Contractor : in accordance with the Contract Documents or reasonably inferable to providing a complete operating system (collectively, the “Work” The Subcontractor agrees that with respect to the Work hereunder it will stand in the Contractor's shoes with respect to the Contractor's obligations to the Owner under the Contract Documents and will perform all work and obligations as set forth on the Contract Documents to the satisfaction of the Owner.
a)Pre-Con Meeting: Prior to beginning work, Subcontractor shall meet with Contractor at the project site to review the plans and specifications for the project. The purpose of the meeting is to review the Subcontractor’s work scope and