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<br />federal, state or any local government, including regulatory <br />authorities having or asserting jurisdiction, fires, floods, <br />epidemics, strikes, freight embargos, unusually severe weather <br />or delays of subcontractors or suppliers arising from <br />unforeseeable causes beyond the control and without the fault <br />or negligence of the Contractor, the Primary Subcontractor and <br />their respective subcontractors or suppliers. It is agreed <br />that Contractor, the Primary Subcontractor and their respective <br />subcontractors and suppliers shall not be liable or responsible <br />for any delays or other consequences directly or indirectly <br />caused by or related to an event of force ma i eure as defined <br />herein. <br /> 8. Owner's Labor and Materials. The Owner reserves the <br />right to furnish any material component of equipment and <br />machinery then owned by Owner or labor then employed by Owner <br />useful and/or necessary for the performance of the Work <br />pursuant to this Agreement, upon so notifying the Contractor in <br />writing prior to any commitment thereof, and all such <br />materials, supplies and equipment furnished by Owner shall be <br />of a suitable type and quality and in condition acceptable for <br />use by the Contractor and its subcontractors. The Contractor <br />shall provide the Owner's representative with not ,less than 24 <br />hours' verbal or written notice of opportunities for Owner to <br />furnish equipment, machinery or labor pursuant to this <br />Paragraph 8. In such event, Owner and Contractor shall agree <br />to a fair and reasonable supervision and management fee for <br />Contractor in the implementation of such equipment and <br />machinery and/or labor so furnished by Owner. With respect to <br />any such equipment, machinery or labor furnished by Owner to <br />Contractor, the Contractor shall not be responsible for the <br />suitability, type, quality or condition of any such materials <br />and the expertise and standard of care of any such labor. <br /> 9. Subcontracts. It unde.rstood and agreed that a <br />substantial amount of Work to be performed for Owner pursuant <br />to this Agreement shall be performed by the Primary <br />Subcontractor, and such other qualified subcontractors or <br />suppliers as are from time to time designated by Contractor and <br />the Primary Subcontractor, subject to the reasonable approval <br />of the Owner. <br /> 10. Independent Contractor. The Contractor, the Primary <br />SubContractor and each of the other subcontractors and <br />suppliers with respect to the Work shall be deemed to be <br />independent contractors in all of their respective operations <br />and activities pursuant to this Agreement. <br /> 11. Inspections by Owner. The Work shall be conducted <br />under the general direction and supervision of the Contractor, <br />and is subject to the reasonable inspection by or on behalf of <br />the Owner to insure compliance with the terms and conditions of <br />this Agreement. <br /> - 4 - <br />