Failure to Prosecute. 10.1 Should the Subcontractor at any time refuse or neglect to supply a sufficiency of skilled workmen or materials of the proper quality and quantity, or fail in any respect to prosecute the Work with promptness and diligence, or cause by any action or omission the stoppage or delay of or interference with the Work of Terremark or of any other subcontractors on the building, or fail in performance of any of the agreements on its part contained herein, or become bankrupt or insolvent or go into liquidation either voluntarily or under an order of a court of competent jurisdiction or make a general assignment for the benefit of creditors or otherwise acknowledge insolvency, Terremark shall be at liberty, after 72 hours written notice to the Subcontractor, mailed or delivered to the last known address of the later, to provide through itself or through others, any such labor or materials, and to deduct the cost thereof from any money due to, and thereafter to become due to, the Subcontractor for said Work and to enter on the premises and take possession, for the purpose of completing the Work included in this Contract, of all materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials therefore, the Subcontractor hereby assigns, transfers and sets over unto Terremark all said materials, tools, equipment and appliances. In case of such termination of the employment of the Subcontractor, the said Subcontractor shall not be entitled to receive any further payment under this Contract until said Work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid by Terremark to the Subcontractor exceeds the expense incurred by Terremark in finishing the Work, such excess shall be paid by Terremark to the Subcontractor. The expense incurred by Terremark shall include the cost of furnishing all materials and labor utilized in of finishing the Work, and any damages incurred through the default of the Subcontractor. Terremark's right to take over the Project under this paragraph shall apply only if Subcontractor fails to diligently cure any default in the prosecution of its works which default is not remedied within 30 days of receipt by Subcontractor of written notice of such default by Terremark. 10.2 In connection with any litigation or arbitration arising out of this Agreement, the prevailing party shall be entitled to recover from the other party said prevailing party's reasonable attorney's fees and costs, including attorney's fees and costs for any appellate proceedings.
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Failure to Prosecute. 10.1 Should the Subcontractor at any time refuse or neglect to supply a sufficiency of skilled workmen or materials of the proper quality and quantity, or fail in any respect to prosecute the Work with promptness and diligence, or cause by any action or omission the stoppage or delay of or interference with the Work of Terremark or of any other subcontractors on the building, or fail in performance of any of the agreements on its part contained herein, or become bankrupt or insolvent or go into liquidation either voluntarily or under an order of a court of competent jurisdiction or make a general assignment for the benefit of creditors or otherwise acknowledge insolvency, Terremark shall be at liberty, after 72 hours written notice to the Subcontractor, mailed or delivered to the last known address of the later, to provide through itself or through others, any such labor or materials, and to deduct the cost thereof from any money due to, and thereafter to become due to, the Subcontractor for said Work and to enter on the premises and take possession, for the purpose of completing the Work included in this Contract, of all materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials, tools, equipment and appliances thereon, and to employ any other person or persons to finish the Work, and to provide materials therefore, the Subcontractor hereby assigns, transfers and sets over unto Terremark all said materials, tools, equipment and appliances. In case of such termination of the employment of the Subcontractor, the said Subcontractor shall not be entitled to receive any further payment under this Contract until said Work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid by Terremark to the Subcontractor exceeds the expense incurred by Terremark in finishing the Work, such excess shall be paid by Terremark to the Subcontractor. The expense incurred by Terremark shall include the cost of furnishing all materials and labor utilized in of finishing the Work, and any damages incurred through the default of the Subcontractor. Terremark's right to take over the Project under this paragraph shall apply only if Subcontractor fails to diligently cure any default in the prosecution of its works which default is not remedied within 30 days of receipt by Subcontractor of written notice of such default by Terremark.
10.2 In connection with any litigation or arbitration arising out of this Agreement, the prevailing party shall be entitled to recover from the other party said prevailing party's reasonable attorney's fees and costs, including attorney's fees and costs for any appellate proceedings.
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