Common use of PROGRESS OF WORK Clause in Contracts

PROGRESS OF WORK. If, in the judgment of Contractor, the work of Subcontractor is not proceeding in accordance with the Progress Schedule, or Subcontractor has breached any provision of this Agreement, Contractor may, after giving forty-eight (48) hours’ notice to Subcontractor of the same, proceed to have the work done in the manner most expedient to Contractor including, but not limited to, the supplementation of Subcontractor’s work force, the termination and replacement of Subcontractor’s work force, or both, as Contractor deems appropriate, and charge the cost, including any incidental expenses and those additional costs set out in this Agreement, to Subcontractor. Contractor shall be entitled to take possession of and use any materials, tools, equipment, plans, permits and diagrams on the job site or intended for the work and use the same for the performance of the work. Subcontractor waives any claim, demand or cause of action, against Contractor for the loss of use, misuse, abuse, or conversion of the tools, materials, equipment, plans, permits, or diagrams, taken or used by Contractor in accordance with this Section. In the event Contractor is required to complete the Work of Subcontractor in accordance with the provisions of this Agreement, Subcontractor agrees to reimburse Contractor for all costs and expenses plus an additional twenty percent (20%) of costs and expenses as overhead.