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l federal or state statutory claims, and whether those Claims are based on the acts or omissions of Contractor or individuals or entities under Contractor's control. The Owner is solely liable and responsible for all damages,.whether actual or consequential, caused by Mold and incurred by Owner,Contractor or third parties. 20. MISCELLANEOUS. (a) Time: Time is of the essence for all purposes of this Agreement unless expressly provided to the contrary. (b) WAIVER OF JURY TRIAL: EACH PARTY AGREES THAT AS A MATERIAL PART OF THE CONSIDERATION HEREUNDER AND AS AN INDUCEMENT TO ENTER INTO THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO A JURY TRIAL. (c) Any express warranty provided (if any)by Contractor is the sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or statutory. Unless otherwise provided: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABELITY AND FITNESS FOR A PARTICULAR PURPOSE. All warranties or guarantees provided by Contractor,if any,shall be deemed null and void if Owner fails to strictly adhere to the payment terms contained in the Agreement. All warranties and guarantees if any,provided under the Agreement are solely for the original Owner and are non-transferable,unless otherwise agreed to by Contractor and Owner in writing. (d) Assignment:This Agreement shall not be assignable by Owner without the written consent of the Contractor. Any attempt at assignment may be deemed a default. (e) Complete Agreement: This Agreement (including all exhibits and addenda) constitutes the sole and entire agreement between the parties. No modification, written or verbal, shall be binding upon either party unless agreed to in writing signed by both parties. Each provision of this Agreement is severable from every other provision, and if any provision is unenforceable, the remainder of the Agreement will remain valid and enforceable. This Agreement shall inure to the benefit of the heirs,personal representatives,successors and assigns of Contractor and Owner respectively as permitted. Each provision of the Agreement shall be construed as if both parties mutually drafted this Agreement. (f) Effective Date:The effective date of this Agreement(`'Effective Date')will be the date when the last one of the Owner and Contractor has executed this Agreement, provided that the Agreement is fully executed and delivered by Owner and Contractor. This Agreement may be executed in counterparts,and the counterparts collectively shall constitute the Agreement. A facsimile copy of this Agreement and any signatures on this Agreement shall be considered for all purposes as originals,but any party executing by a facsimile agrees to deliver a copy containing original signatures following such facsimile transmission at the request ofthe other Ply PO Box 27I450 Tampa FL 33688-1450 2 Office: 813-264-6262 a CCCO57428 CGC1523359 Owner Int._ Contr Int.�Jp Page 7 of 9