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REDEVELOPMENT AUTHORITY OF THE CITY OF PHILADELPHIA (AUTHORITY)HOME IMPROVEMENT LOAN PROGRAM (PROGRAM)
IMPROVEMENT CERTIFICATEPART III. CONTRACTOR AGREEMENT AND WARRANTY
1. Hold Harmless. Each Contractor shall agree to defend, indemnity and hold harmless the Borrower, and theofficers, directors and employees of the Authority and Lender from liability and claim for damages because ofbodily injury, death, property damage, sickness, disease or loss and expense arising from contracto(sperformance under the agreement to install or construct home improvements to be paid with proceeds of theBorrower's Home Improvement Loan (hereinafter referred to as 'Contracto(s Performance"). Each Contractor isacting in the capacity of an independent contractor with respect to the Borrower.
2. Lien Waivers. Each Contractor agrees to protect, defend and indemnify Borrower, Authority and Lenderfrom any claims for unpaid work, labor, or materials with respect to Contractor's Performance. Final paymentshall not be due until the Contractor has delivered to the Borrower complete release of all iiens arising out ofContractor's Performance or receipt in full covering all labor and materials for which a lien could be filed, or abond satisfactory to the Borrower indemnifying against any iien.
3. Payment Schedule. Each Contractor hereby acknowledges that it will be deemed a material breach of thecontract between the Borrower and the Contractor for the Contractor to request or accept a payment in excessof the value of the portion of completed improvements. A deposit may be requested by the Contractor, but inno case may such deposit exceed 20% of the contract amount. Final payment shall not be due by the Borrower tothe Contractor prior to the satisfactory completion and acceptance of the work by the Borrower.
4. Permits and Codes. Each Contractor agrees to secure and pay for all necessary permits and licensesrequired for Contractor's Performance and to perform all work in conformance with applicable local codes andrequirements, whether or not covered by the specification and drawings for the improvements.
5. Equal Opportunity. Each Contractor agrees to provide equal opportunity to all persons, without discrimina-tion as to race, color, creed, religion, national origin, sex, marital status, age and status with regard to publicassistance or disability.6. Debarred Contractor. Each Contractor represents at the time of execution hereof, that it is not currentlylisted on the Disbarred and Suspendable Contracto(s List of the U.S. Department of Housing and UrbanDevelopment or the Authority.
7. Warranty. Each Contractor hereby warrants to the Borrower, and to subsequent Owners, that allimprovements on the property completed by the Contractor are of good quality, free from defects ordeficiencies. However, the warranty set forth in this paragraph shall apply only to such deficiencies and defects asto which Borrower or subsequent owners shall have given written notice to the Contractor, at its principal place ofbusiness, within one year from completion of the improvements.8. Indemnification. Each Contractor agrees to defend, indemnify and hold harmless, the Authority and theLender, including any reasonable attorneys' fees, against any claim or liability for damages or defense againstthe obligation to repay the Home Improvement Loan which may be maintained against the Authority or thelender as a result of a defautt in the Contractor's Perfonnance or as a resutt of any other claim or defense whichBorrower has a right to maintain against Contractor.9. Acknowledgement. The above warranties and agreements are in addition to, and not in limitation of, anyand all other rights and remedies to which the Borrower, or subsequent owners, may be enti~ed. at law or inequity, and shall survive the conveyance of ti~e, delivery of possession of the property, or other final settlementmade by the Borrower and shall be binding on the undersigned notwithstanding any provision to the contrarycontained in any instrument heretofore or hereinafter executed by the Borrower.
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FOAM A-IOI/Revised 5/06