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such statement or inducement by any party or agent of any party shall be given any effect unless the matter is expressly set forth herein. THIRTEENTH: No terms, conditions or preliminary negotiations between the parties shall survive the acceptance of a deed,title closing or the delivery by the Contractor of a final Affidavit of No Liens,whichever occurs first.The acceptance of a deed or final Affidavit of No Liens by the Owner shall extinguish all rights of the parties on the contract, except for those express warranties covered by the attached Wentra Construction,Inc.Warranty. FOURTEENTH: DEFAULT OF CONTRACT: If Owner fails to perform as required by this agreement, all payments made by Owner shall be retained by Contractor as Iquidated damages ("liquidated damages"are an amount agreed upon in advance, as it is not possible to calculate the exact amount of Contractor's damages), and the obligations and liabilities of both,parties under this agreement shall terminate or at Contractor's option,Contractor may proceed in equity to enforce Contractor's rights under this contract. If Contractor defaults under this agreement, Owner's exclusive remedy shall be to cancel this agreement and receive the return of all payments made minus any and all liquidated damages, in which event the obligations and liabilities of both parties under this agreement shall terminate. FIFTEENTH: Any controversy or claim arising under or related to this agreement or to the property(with the exception of"consumer products"as defined by the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, 15 U.S.C. Section 2301 et. Seq., and the regulations promulgated under that Act) or with respect to any claim arising by virtue of any representation alleged to have been made by Contractor or Contractor's representative,shall be settled and finally determined by mediation or by binding arbitration as provided by the Federal Arbitration Act(4 U.S.C. Sections 1-14) and similar state statutes and not by a court of law. The claim will first be mediated in accordance with the Commercial or Construction Industry Arbitration Rules, as appropriate, of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction of the matter; provided, however, that if Contractor's warrant will be determined in accordance with the alternative procedure prior to submission to binding arbitration,if necessary.Unless otherwise provided by law or Contractor's warranty plan, the cost of initiating any of the foregoing proceedings shall be borne equally by Contractor and Owner. SIXTEENTH:The insulation material to be used in the subject residence is as follows: Location: Type Thickness R Value Block Per Plan Per Plan Per Plan Frame Walls Per Plan Per Plan Per Plan Ceilings Per Plan Per Plan Per Plan SEVENTEENTH: This Agreement shall be binding upon the parties hereto, their heirs, legal representatives,successors,and assigns. EIGHTEENTH: EXCEPT AS EXPRESSLY DISCLOSED IN ANY PUBLIC REPORT FURNISHED OWNER, CONTRACTOR HAS MADE NO GEOLOGICAL OR ENVIRONMENTAL TEST OR SURVEYS OF THE PROPERTY OR TO THE IMPROVEMENTS AND,MAKES NO REPRESENTATION OR WARRANTY CONCERNING GEOLOGICAL OR ENVIRONMENTAL MATTERS SUCH AS SINK HOLES OR RADON GAS AND SPECIFICALLY EXCLUDES SUCH GEOLOGICAL OR ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has Page 4 of 5 0 Copyright,WM4MA CONSTRUCTION,INC.