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of the common elements of the property where the work:,is,to be performed. Contractor is relying on the Owner's representations contained within this section of the Agreement. 6. CONTRACT PRICE. Owner shall pay Contractor the following amount: $108.383.18. Owner shall pay or cause to be paid the amount of the payment request to Contractor within thirty(30)days of receipt of a payment request from Contractor. Beginning on the 311 day after Owner's receipt of a payment request, payments not timely made shall accrue interest on a daily basis at the rate of 1.5%per month,not to exceed.the maximum amount of interest allowed by law. Payments received shall be applied first to interest on all outstanding invoices and then to the principal amount of.the oldest outstanding invoices. Contractor will not perform service, warranty and/or punch list work if Owner fails to timely pay Contractor,and Contractor may cease all work or terminate the Agreement if Owner fails to adhere to the payment schedule. By signing this Agreement,Owner gives Contractor the right to obtain a credit check on the signatory. The construction industry is currently experiencing price and availability volatility with regard to the materials used for this Project. Because of market fluctuations, the prices of these materials are subject to sudden and significant changes and firm prices cannot be obtained,from suppliers. Therefore, if there is an increase in the actual cost of the products charged to the Contractor in excess of five(5%)percent subsequent to making this Agreement,the price set forth in this Agreement shall be increased without the need for a written change order or amendment to the Agreement to reflect the price increase and additional direct cost to the Contractor. Contractor will submit written documentation of the increased charges to the Owner upon request. As an additional remedy, if the actual cost of any material line item increases more than ten (100/q) percent subsequent to the making of this Agreement, Contractor, at its sole discretion, may terminate the Agreement for convenience. Should concealed or unknown conditions be at variance with conditions indicated in the description of the work to be performed from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, the Agreement price shall be equitably adjusted upon notice thereof from the Contractor to the Owner. 7. FINANCING. This Agreement is not contingent on financing. 8. DESIGN AND CONSTRUCTION VARIATION. (a) The design of the Project is dictated by the Owner or the Owner's Representative. Contractor is not responsible or liable for the design of the Project. (b) Owner acknowledges that in the course of construction,certain changes,deviations or omissions in the design of the Project may occur or may result because of the particular conditions of the job, lender requirements, and/or governmental authorities having jurisdiction over the Project. (c) In the event that materials to be used in the construction of the Project become unavailable, Contractor reserves the right to substitute substantially equivalent materials for the unavailable materials. (d) Based upon the foregoing, the Owner hereby authorizes the Contractor to undertake,without the need for specific authorization,any changes,deviations or omissions required.by the particular conditions of the job, lender's requirements, PO Box 271450 Tampa FL 33688-1450 2 Office: 813-264-6262 s CCC057428 CGC3523359 Owner Int.- Contr IntQti Page 3 of 9