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Subtotal $6,323.00 cash or check -$200.00 T61tal $6,123.00 TERMS AND CONDITIONS OF AGREEMENT A finance charge of_1 0—% per month will be charged on all balances over 30 days, plus attorney's fees and/or costs incurred in collection.There is a$_50�__charge on returned.checks. The Customer represents he/she has authority to order the work. Under no circumstances shall Air Hawk be liable to Customer for any claim or damages arising or resulting from any delay in Air Hawk's performance of its work hereunder, regardless of whether the delay is caused by factors beyond its control or whether the delay is caused by acts or neglect of Air Hawk. Customer acknowledges that in the performance of Air Hawks work, Air Hawk may uncover concealed and unforeseen conditions and/or damage which either require Air Hawk to perform additional work outside the scope of this Agreement, or which may require Customer to hire parties to perform repairs before Air Hawk can proceed with its work hereunder. In the event Customer fails to promptly pay Air Hawk, upon demand, Air Hawk's invoice for such additional costs or falls or refuses to hire third parties to perform repair that Air Hawk cannot perform,, such circumstances shall constitute a material breach of this Agreement. In the event that asbestos-containing materials are discovered by Air Hawk to exist within any portion of the Customer's premises that are the subject of Air Hawk's work per this Agreement, Air Hawk shall immediately cease all work until such time as Air Hawk-is given permission and notice to proceed by all applicable government agencies. Customer shall be responsible'for all additional cost, expenses or increased costs associated with proper abatement of such materials. AIR HAWK SHALL ASSIGN OR TRANSFER TO CUSTOMER ANY AND ALL TRANSFERABLE OR ASSIGNABLE MANUFACTURER'S WARRANTIES, IF ANY, IN LIEU OF ANY OTHER WARRANTY OBLIGATIONS, WHETHER EXPRESS, IMPLIED AT LAW OR OTHERWISE. EXCEPT AS EXPRESSLY PROVIDED HEREIN. AIR HAWK HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. FURTHER, UNDER NO CIRCUMSTANCES SHALL AIR HAWK BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING THOSE RELATING TO MOISTURE OR WATER INTRUSION, MOLD OR FOR CLAIMS FOR LABOR OR MATERIAL CHARGES INCURRED AS A RESULT OF ANY SUCH CONSEQUENTIAL DAMAGES. CUSTOMER AGREES THAT IT IS THEIR RESPONSIBILITY TO CHECK AND MAINTAIN THEIR DRAW LINES ON A REGULAR BASIS. AIR HAWK WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM A WATER LEAK. Any prior understandings or agreements, and any representations made by one party to the other, including but not limited to any representations or statements made in any sales or promotional literature or material, not included or specifically addressed in this Agreement are deemed to be merged herein and not binding as to the parties as this Agreement constitutes the complete understanding and agreement between the parties. The rights and liabilities herein given to or imposed upon either of the parties shall extend to the successors, executor, Air Hawk Heating and Cooling www.airhawkac.com 2 of 3 CAG1817999