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TERMS AND CONDITIONS ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT;OR Contractor or third parties,and agrees to indemnify and hold harmless Contractor from ANY COURSE OF CONDUCT,COURSE OF DEALINGS;.8TATEMENTS'(WHETHER an and all'Claims arising out of or relating to Mold. VERBAL OR WRITTEN),OR ACTIONS OF ANY PERSON OR PARTY RELATED TO 18. Pre-Existing Conditions. Customer acknowledges that Contractor will be repairing THIS AGREEMENT;THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY work that was previously.damaged by mold,water,termites,or other conditions rP,re- TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO•ENTER.INTO Existing Conditions') unrelated to the work performed by Contractor. Accordingly, THIS AGREEMENT Contractor disclaims all liability for'all claims,disputes,rights,losses,damages,causes 11, Damage Limitation. In no event,whether based on contract,warranty(express or of action,or controversies CClaims°)pertaining toPre-Existing Conditions,whether those implied),tort,federal or state statute or otherwise arising from or relating to the work and Claims arise in.law;equity,contract,warranty,tort,or'federal or-state statutory claims. services performed under the Agreement; shall Contractor be liable for special, Customer is solely liable and responsible for all damages, whether actual or consequential,punitive,or indirect damages, including loss of use or loss of profits, consequential,arising out of or relating to Pre-Existing Conditions. Contractor and Customer agree to allocate certain of the risks so that,to the fullest extent 19. Working Hours.The proposal is based upon the performance of all work during permitted by law,Contractors total aggregate liability to.Customer is limited.to the dollar Contractor's regular working hours,excluding weekends and National holidays.Extra amount of the Agreement for any and.all injuries,damages;claims;expenses or claim charges will be made for overtime and all work performed other than during Contractor's expenses including attorneys'fees arising out of or relating to.this Agreement regardless regular working hours if required.by Customer. of whether it is based in warranty, tort, contract, strict liability, negligence, errors, 20, Materials.All materials and work shall be furnished in acoordance,with.normal industry omissions,or from any other muse or causes. tolerances for color, variation, thickness, size,.weight, amount, finish, texture and 12. Warranties. Unless otherwise provided: THERE ARE NO EXPRESS.OR IMPLIED Performance standards.Specified•quantilies are intended to represent an average over WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED the entire roof area.Contractor is not responsible for the actual verification of4echnic011 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR specificationsof product manufacturers,t.e.,.R.value,ASTMorUL compliance,but rather PURPOSE:All waranties/guarantees provided by Contractor,if any,shall be deemed the materials used are represented as such by the manufacturer.Metal roofing and null and void if Customer fails to strictty adhere to the.payment termsXntained`ln the espedally lengthy flat span sheet metal panels will often exhibit waviness,commonly Agreement All warranties and guarantees,if any,provided under the Agreement are referred to as'oil-canning"Oil-canning pertains to aesthetics and not the performance solelyfor the original Customer and are non-transferable,unless otherwise agreed to by of the panels andis not controlled by the Contractor,Contractor is not responsible:foroil- Customer and Contractor in writing.Any.express warranty,provided,if any,by Contractor canning or,aesthetics.Oil-canning shall not be grounds to withhold.payment or reject is the sole and exclusive remedy for alleged construction defects,in lieu.of all other panels of the typespecthed.Title to roofing products passes to the Customer when said remedies,implied or statutory.Warranties to be issued.upon completion and,full products:are delivered to the job site:In the.event of;impending,high wind.conditions; payment of this Agreement.If there is a breach in the applicable Manufacturer's hurricanes,tornados,orother adverse-weather conditions,if Contractor is requested to warranty according to the stated terms and conditions of the warranty supplied,at removelrepositfon product from%on thejobsite,Contractor shallusetts reasonable efforts that moment; this would simultaneously void Contractor's,warranty"and all.of (subject. to weather conditions, life/safety concerns and manpower/equipment Contractor's responsibility,and liability to.correct,supplement,rectify,fix,etc.any constraints)to comply-with the•request Customer agrees to promptly pay Contractor for and all issue(s)as a result of the breach in the Manufacturer's warranty: these extras services.Contractor is not responsible for defective products if Contractor 13. "Claims:It is Customer's duty to notify"Contractor in writing within three Olydays of the did not know such products were defective prior to the installation of same.-As such, occurrence of any claim,defect or deficiency arisirip.out of work,.services or materials. Contractor is not responsible for any costs,damages,claims,etc.,,associated with any provided by Contractor under this Agreement(Cocurrence').Failure.o►the Customer to; remedlation of supposed harm caused bya:defective product.A defective product shall provide written notice of the Occurrence shall result in the Customer•waNing all claims not be grounds to withhold payment"or reject the worts performed by Contractor. that may be brought against Contractor arsin4 out of or nalatinq to the.Occurrence, 21. Construction and Interpretation.Each provision of the Agreement shall be construed including claims arising in law,equity,contract warranty(express or implied):tort or as R both parties mutually drafted this Agreement If a provision of this Agreement(orthe federal or state statutory claims. application of it)is.held by a.court or arbitrator to be invalid or unenforceable;that 14. Acts of God.'Contractor shall not-be responsible for loss,damage or delay caused by provision will be deemed separable from the remaining provisions of the Agreement,will 1 circumstances beyond its reasonable control,including but"not limited to acts:of,God, be reformedlenforced totheextent that it.is valid and enforceable,and Will hot affect the E weather,accidents,fire,vandalism,federal,"state or local law,regulation or order,strikes, validity or interpretation"of.the:-other provisions or the application of that provision to a j jurisdictional disputes,failure or delay of'transportation,shortage of or inability to obtain person or circumstance to which it is valid. and enforceable. Headings are for tj materials,equipment or labor,changes in the workand'detays caused.by others.in the, convenience,only and do not affect interpretation.This Agreement.records the entire i event of these occurrences,Contractor's time for performance under this proposal shall "agreement of the parties and supersedes any previous or contemporaneous agreement, be extended for a time sufficient to permit oompletion.of the Work: understanding,or representation,oral or written,by the parties.All documents/exhibits 15. Unforeseen Decking Lines.Installation of a new roof to the deck area of the referred to in this Agreement are integral partof the Agreement and are incorporated building requires nails andlor screws to tie inserted into.the deck area.By code, 'by reference..This Agreement incorporates the;documents entitled.'Proposal/Contract,' electrigal, telephone.and security wiring and air conditioning wiring and lines "Statutory Warnings," "Limited Workmanship Warranty, (f applicable), and 'Work should not be'installed directly beneath the roof deck: If Customer is aware of Authorization"(if applicable),as well as arty othef document.signed by both parties as i these.or any other such lines,Customer must notify Contractor immediately as the part of.this Agreement.Customer represents'that it has read and fully understood the Contractor will not be.responsible for the puncture of improperly installed lines or Contract Documents,orhas had an opportunity to consult with counsel,priorto.executing lines within three inches of,the roof deck,Customer accepts full responsibility for this Agreement.In the event of a conflict between this Agreement and any other Contract. any repair or replacement that may:be necessary. Document,the order of precedence is Work Autho&6tion(to the extent ft exists)followed 16. Customer Delay, The Parties agree that the Contractor should be,permitted to by these terms and-conditions. execute Its work without interruption.If Contractors work is delayed at:any time by any act or neglect of Customer and/or Customer's representatives, employees, agents,guests,or invitees,or any other contractor empioyed by the Customer,or.by any changes ordered in the work,then Contractor shali.be reimbursed or paid for.all additional costs"or damages incurred as a result.This shall include damages related to lost use of equipment caused by the delay. 17. Disclaimer, Contractor disclaims.all liability for all claims, disputes, rights, losses, damages, causes of action or controversies("Claims') pertaining to mildew, algae, j fungus,mold,and/or other indoor air allergens("Mold")including Claims arising out.or ` relating to the detection,removal,disposal,,orremedtation of Mold,Whether those Claims, arise:in law,equity,contract;warranty,tort;.orfederal orstate statutory clallns,and whether those Claims are based on the acts or omissions of Contractor or individuals'or entities-under-Contractor's control.The Customer is solely liable and responsible for all damages;whether actual or oonsequentiai;.caused by Mold and.iricurred by Customer, s i 2 of 2 CUSTOMER INITIAL.