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National Headquarters Wayne and Tammy Jenkins
<br /> 2501 Seaport Drive,Chester, PA 19013 34-24260
<br /> •. 888-736-6335 October 28, 2019
<br /> WWW.POWERHRG.COM
<br /> CRC1331654
<br /> XOHE D-- CUSTOM REMODELING AND IMPROVEMENT AGREEMENT
<br /> XEXO ELIXE
<br /> Additional Terms & Conditions (continued)
<br /> services are being provided by Contractor; (b) Buyer(s) will control, secure, and otherwise keep all pets away from the Contractor and
<br /> the work areas; (c) Buyer(s) will not allow unattended minors at the Property while the work is being performed; (d) Buyer(s) will
<br /> provide Contractor with unrestricted access to the premises at all reasonable times for the purposes of taking measurements,
<br /> performing the work, and for any subsequent remedial work, if required, including access to electrical outlets as may be required by
<br /> Contractor; (e) Buyer(s) will remove, secure, or otherwise protect all items of value or concern to avoid any accidental mistakes or
<br /> slippages as the Contractor will not be liable for replacing or repairing other household items in the work areas; (f) Buyer(s) shall be
<br /> responsible for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any
<br /> shrubs, plants, or other items as required by Contractor under this,Agreement;and (g) if Contractor's work requires consent and/or
<br /> approval from any Homeowner's Association or any other legal entity or voluntary association that enforces covenants, conditions,
<br /> and restrictions on property(including designated historic sites), Buyer(s) is responsible to submit any required forms and obtain
<br /> approval for the work to be done and to keep Contractor informed as to the approval status.
<br /> Contractor's Responsibility: Contractor shall obtain any necessary permits and provide the Buyer(s) with a certificate of
<br /> occupancy, if required. Contractor accepts no responsibility for any damage resulting from structural or other defects in the Property
<br /> at which work is performed under this Agreement. Contractor is not responsible for remedying structural defects and other pre-
<br /> existing conditions in or at Buyer(s)' Property. Buyer(s) acknowledges that Contractor's products do not correct or cure pre-existing
<br /> problems such as leaks, lead, mold, asbestos, dry rot, decay, fungi, termites, and/or other structural and/or environmental problems.
<br /> Contractor shall not be responsible for(a) any damages arising in whole or in part from strikes,fires, accidents,floods, governmental
<br /> actions, or any other causes beyond control of Contractor; (b) any damages including without limitation, lost profits, or reduction in
<br /> value of the premises, arising from Contractor's delay in performing under this Agreement or due to its breach of this Agreement; (c)
<br /> unintentional damage to window treatments, shutters, blinds, alarm systems, household items, landscaping, satellite dish, gas lines,
<br /> condensation pipes, electrical wiring, plumbing, and telephone installations, it being understood that Buyer(s) is responsible at its own
<br /> cost for all preparations, protection and/or moving of such items prior to Contractor's commencement of the work; (d) collateral or
<br /> incidental damage to interior walls (including wall tiles) and personal property, including damage occurring as a result of Contractor
<br /> installing products on or in Buyer(s)' Property, it also being understood that Buyer(s) is responsible at its own cost for all preparations,
<br /> protection and/or moving of such items prior to Contractor's commencement of the work; and (e) removing and/or
<br /> refitting/reconnecting Buyer(s)' home security system or the costs associated with removing and/or refitting/reconnecting Buyer(s)'
<br /> home security system, it being understood that Contractor will attempt to work around any home security system on the premises.
<br /> Mold and Related Matters: Buyer(s) agrees to defend, indemnify and hold Contractor and its employees, agents, and vendors
<br /> harmless from any claims as to the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based
<br /> products, or other hazardous substances inside or outside of the Property at which work is performed. Contractor does not provide
<br /> mold testing or remediation services. Excessive humidity, lack of ventilation and/or extreme temperature differences may result in
<br /> excessive condensation to appear on or around windows, in walls, or in attics. Products that Contractor is installing do not create
<br /> moisture or excessive humidity;thus, Contractor is not responsible for:condensation.
<br /> Warranties: Buyer(s) understands that Contractor will make available to Buyer(s) all product and labor warranties offered in
<br /> connection with this Agreement. Buyer(s) understands that Buyer(s) should read all warranties for complete details of coverage.
<br /> Complete copies of applicable product warranties are available for review by Buyer(s) at any time by visiting
<br /> https:Hpowerwarranties.com. Buyer(s) acknowledges that the labor warranty was presented at the time this Agreement was signed
<br /> and a copy of the warranty was given to Buyer(s). Buyer(s) understands that no warranty will be effective while a balance due
<br /> remains on this Agreement.
<br /> Lien Rights: In the event that Buyer(s)does not pay Contractor any of the money owed when it is due, Contractor may have a claim
<br /> against Buyer(s)that may be enforced against Buyer(s)' Property in accordance with applicable lien laws. Buyer(s)also understands
<br /> that if Buyer(s)finances the work with a third party, Buyer's separately provided other documents may include a security interest.
<br /> Buyer(s) understands that Buyer(s)should read those documents closely.
<br /> Miscellaneous: No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent
<br /> breach hereof.The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the
<br /> meaning or interpretation of this Agreement. In construing this Agreement,the gender and number of words used may be changed to
<br /> meet the context. No alteration to or deviation from this Agreement, including those that change the cost, materials, work to be
<br /> performed, or estimated completion date, will be valid without the signed, written consent of both Buyer(s) and Contractor.This
<br /> Agreement is to be governed by the laws of the state in which it is performed, except as may be preempted by federal law. Any part of
<br /> this Agreement contrary to the law of this state shall not invalidate other parts of this Agreement. If a provision of this Agreement is held
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