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available to the Owner's lot during construction, the Contractor will rent equipment to provide same, at the Owner's expense at prevailing local rates.Addendum A-1 to Contract(Items# through as determined by the Contractor's "Lot Study Analysis"shall become part of this Agreement to be paid by Owner. EIGHTH: This Agreement covers construction of the above described residence on a clear and level lot. Should the slope or elevation of the lot be such as to require extra foundation block or fill dirt under the slab, pool deck, patio, drive or walks, over and above that which would be required for the normal monolithic_slab foundation,the expense of same will be borne by the Owner_The expense of any fill dirt required at the time of grading the lawn area will be borne by the Owner.Expense of removal of excess dirt,and vegetation necessary to provide proper grade will be borne by the Owner.Any additional expenses caused by rock or other adverse subsoil conditions will be borne by the Owner. Expense of electric service runs across the building necessitated by power company pole locations and regulations,or underground electric and/or telephone service when required will be borne by Owner. Nothing in this paragraph shall be construed to create any obligation on the part of the Contractor to investigate or discover rock or other adverse subsoil conditions on any lot provided by Owner.All obligations relating to subsoil conditions shall fall entirely upon the Owner, and Contractor shall have no responsibility or liability for damage or expenses relating to subsoil conditions, whether disclosed or undisclosed and regardless of the nature of the condition.Owner's obligation to completely bear the expenses listed in this paragraph shall apply regardless of the point in time at which such conditions are discovered and/or such expenses become necessary. Owner shall remain responsible for conducting any tests with respect to the suitability of the subsoil for the construction covered by this Agreement. NINTH: Contractor and Owner acknowledge and agree that the express warranty remedies provided by Contractor constitute the exclusive remedies to be made available by Contractor and are in place of all other guaranties or warranties, express or implied. ALL RvIPLIED WARRANTIES OF HABITABILITY, FITNESS, MERCHANTABILITY, SUITABILITY, WORKMANSHIP, OR OTHER ARE HEREBY DISCLAIMED to the extent such implied warranties impose upon Seller any obligation in addition to those obligations already expressly undertaken by Seller. If applicable law expressly imposes such additional obligation upon contractor, this disclaimer shall be deemed automatically modified to conform to that law. Owner agrees to accept the attached warranty in lieu of all other warranties,and to be bound by the terms and conditions set forth therein. TENTH: The Contractor will furnish a driveway of up to N/A square feet.Additional driveway will be charged to the owner at N/A per square foot. Machine grading of lot up to 4,000 square feet total is included.Should the condition of the lot be such that a culvert is needed to construct a proper driveway, the cost of a culvert will be borne by the Owner. ELEVENTH: The Contractor will connect to public water and sewer lines to a distance of 40 feet. Cost of lines required over 40 feet will be borne by the Owner. If Owner's lot is not located on public water or sewer, the cost of installing a septic tank,water well and water pump piped to the well area will be borne by the Owner. Cost of electrical and plumbing connections to the pump will be borne by the Owner. Building fees and charges shall be paid by Contractor up to a maximum of$1200.00. All such fees and charges in excess of $1200.00 shall be paid by Owner. The term "building fees and charges" as used in this paragraph mean all-fees and charges imposed or collected by governmental authority or regulatory agencies in connection with any phase of the construction contemplated by this agreement such as building permit charges,water and/or sewer connection fees,or any other similar fees or charges.(See Addendum_,item__) TWELFTH: This Agreement constitutes the final and entire Agreement between the parties.All prior discussions, representations and negotiations are hereby merged into this written document and no Page 3 of 5 0 Copyright,WENTRA CONSTRUCTION,INC.