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Brady Environmental Services, Inc. <br />Authorized modifications in the work shall in no way serve to release the contractor from <br />any guarantees given by contractor pursuant to the contract provisions. All modifications <br />in the work shall be executed under the conditions and provisions of the original contract <br />and in conformance with the drawings and specifications as if originally included therein. <br />2.10 - EMERGENCY PROTECTION Whenever, in the opinion of the owner, the <br />contractor has not taken sufficient precaution for the safety of the public or the protection <br />of the work to be constructed under this contractor of adjacent structures or property, and <br />whenever, in the opinion of the owner, an emergency has arisen and immediate action is <br />considered necessary, then the owner, with or without prior notice to the contractor, may <br />provide suitable protection by causing work to be done and material to be furnished and <br />placed. The cost (labor, material, equipment and overhead) of such work shall be borne <br />by the contractor, and, if the same is not paid on presentation of the bills, therefore, such <br />costs may be deducted from any amounts due or to become due the contractor. The <br />performance of such emergency work shall not relieve the contractor of responsibility for <br />any damage which may occur. <br />2.11 - ASSIGNMENT The contractor shall not assign any part of the work, unless so <br />specified in this agreement, without the previous written consent of the owner, nor shall <br />contractor assign by power of attorney or otherwise, any of the money payable under this <br />contract unless written consent of the owner has been obtained. No right under this <br />contract, nor claim for any money due or to become due hereunder shall be asserted <br />against the owner, or persons acting for the owner, by reason of any so-called assignment <br />which has been authorized by the written consent of the owner. In case the contractor is <br />permitted to assign moneys due ar to become due under this contract, the instrument of <br />assignment shall contain a clause subordinating the claim of the assignee to all prior liens <br />for service rendered or materials supplied for the performance of the work. <br />2.12 - SUBCONTRACTING It is the intent of these specifications that the contractor <br />shall perform the majority of the work with contractor's own forces and under the <br />management of its own organization. Contractor shall secure the owner's written <br />approval before subcontracting any portion of the work and shall obtain the owner's <br />written approval of all subcontracts let. No such approval shall relieve the contractor <br />from any of the obligations of the contract with the owner. Contracts with subcontractors <br />shall contain necessary clauses whereby the subcontractors shall comply with all <br />provisions of the contract agreed upon by the contractor. This shall be inclusive of <br />prevailing wage rates and right to audit provisions as authorized by the state of Texas. In <br />addition, each subcontractar shall provide the owner with a certificate of insurance <br />satisfactory to the owner prior to performing any services. The award of such a <br />subcontract by the contractor approved by the owner, in no manner limits or lessens the <br />full responsibility of contractor to complete the work as provided under the terms and <br />conditions of this contract. The owner reserves the right to reject any subcontractor or <br />subcontract. <br />Sof17 <br />P.- OOC?192 <br />