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--- TERMS. CONDITIONS 1, Sign Purchaser agrees to furnish and install service of ade- quate electrical capacity to within five feet of Sign. Such wir- ing to be In accordance with the National Electrical Code or shall bear the approval of the local Inspection body hav- ing jurisdiction. If however an electrical permit is required it is subject to an additional charge. INSTALLATION PRICES QUOTED ARE SUBJECf TO REVISION WHERE EXCESS ROCK OR OTHER UNFORESEEABLE FOUNDATION CON- DITIONS ARE ENCOUNTERED. 2. Passage of title: Title to the sign shall remain with Seller until payment of the total purchase price by Buyer. Where payment is made by check, title to the sign shall remain with Seller until the checks are finally paid. Purchaser further agrees that in the event of this default in the terms of this con- tract that Apple Sign & Awning, Inc. may enter upon the premises without being guilty of trespass and remove its said property. 3. Permits: It is understood and agreed that if installation of the sign is included in this Agreement. Seller shall be respon- sible for obtaining all necessary INSTALLATION permits. If, however, an electrical permit is required it is subject to an additional charge. Buyer shall furnish Seller with address and plot plan showing exact location of sign for each job. Buyer shall be responsible for obtaining any other permission for the Installation and maintenance of the sign on the building of premises. It Is understood and agreed that any legal fees associated with installation permits or variances shall be paid by the Buyer. 4. Risk of loss: Risk of loss shall pass after delivery has been tendered to the Buyer at the agreed point of delivery, or after installation of the sign If installation is included In this Agree- ment. From the time risk of loss passes to the Buyer, all loss or damage to said property or any part thereof occasioned by fire or In any other manner whatsoever shall be borne by the Buyer. The Seller shall cooperate fully with the Buyer with respect to the Buyer's obtaining insurance protection for the sign. S. Court costs and a1torney's fees: In the event of suit by Seller on this Agreement on account of Buyer's breach thereof, Seller shall be entitled to recover the costs and expenses of such suit, including reasonable a1torney's fees. 6. Company, provided Purchaser shall not be in default under any term of this Agreement. will save Purchaser harmless from any liability by reason of any damage to pro- perty or Injury to persons caused by the installation, or fail- ing of Sign, or in any part thereof during such installation, ex- cept such damage or injury caused by or a1trlbutable to fire from any origin whatsoever. In the event of any claim made or action Instituted against Purchaser based upon any such damage or Injury, Company will undertake defense of same, provided, Purchaser tenders the defense to it within a reasonable time. Should Purchaser satisfy any such claim or action without the consent of Company. it shall be released from any liability to Purchaser. 7. Inspection: The Buyer shall inspect the Sign immediately on the arrival thereof at the agreed point of delivery or upon Installation If Installation Is Included in this Agreement and shall within five (5) days from such inspection give notice to the Seller of any ma1ter or thing by reason whereof he may allege that the display system is not in accordance with this Agreement. If the Buyer shall fail to give such notice, the display system shall be deemed to be in all respects in accor- dance with this Agreement. and the Buyer shall be bound to accept and pay for the same as set forth in Section 2 hereof. In the event Purchaser refuses or neglects to accept Sign when tendered for delivery or Installation by Company. or should Purchaser default in payment when due as hereinbefore provided. Company may declare the entire balance of aforesaid purchase price then due and payable, 8. Warranties: Company warrants the display against defec. tive workmanship in construction and assembly for one year from date of shipment or installation, if installation is made by Company. Additionally, Company will replace defective components manufactured by others for 90 days from date of shipment or installation by Company. Normal labor charges will apply to any work after 90 days. Fluorescent lamps and exposed neon glass are limited to a thirty day warranty, If a panel or facing is removed from sign and left open exposing wire sockets, bulbs or ballasts to the weather all guarantees are void. Operation of outdoor electric signs during daytime hours create excessive heat and therefore voids all warranties. Company shall not be liable for any damages or losses other than the replacement of such defective work or material. Whenever there is any cir- cumstance on which a claim might be based, Company must be informed immediately or the provisions of this war. ranty are voided. 9. DISCLAIMER OF WARRANTIES: THIS AGREEMENT IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE CONTAINED IN THIS AGREEMENT. AND THAT THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED THAT THE GOODS SHALL BE MER. CHANTABLE OR FIT FOR ANY PARfICULAR USE OR PURPOSE, NOR ARE THERE ANY WARRANTIES WHICH EXTEND BEYOND THOSE SET FORfH HEREIN. 10. Interpretation: This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of trade shall be relevant or admissable to supplement. explain. or vary any of the terms of this Agreement. Acceptance of, or acqui- escence in, a course of performance rendered under this or any prior Agreement shall not be relevant or admissible to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection, No representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein, This Agreement can be modified only in a writing signed by the parties hereto or their duly authorized agents. This Agree- ment is effective from the date it is accepted by an officer of Seller. 11. Assignment and delegation. This Agreement cannot be assigned or performance of the duties hereunder delegated by Buyer without the express wri1ten consent of the Seller. 12. Applicable law: This Agreement shall be governed by the Uniform Commercial Code and other applicable laws of the State of Florida.