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<br />1. THE CONTRACTDOCUMEN'TS.. Tbe entire agreement of the parties consists afmis contract and all
<br />cxhibits, supplements and amendments hereto; all plarls and specifications and addenda thereto identified
<br />or referred to in paJ"Jgr.Iph 2 below~ and all. modifications or change orders ("change orders") subsequently
<br />entered into by the parties in accordance with paragraph 9 bcfow.
<br />1. THE WORK.. ModTek, rnc. agrees 10 furnish all labor (including all tools., equipment and slIpplit:S
<br />necessary to perfoml such labor in a workmanlike and efficienlm3nncc) required in connection with rhe
<br />following work (the "work"):
<br />Roofing Contractor is responsible for construction work and as per specifications
<br />ALL WORK IS TO BE DONE DURING CLOSED HOURS OF THE STORES :J;e::~ TIONS
<br />OR FROM 9:00 PM TO 7:00 AM ...:;;.~ ok.4/..J eA4~ L)",,'j- WitVR .~j
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<br />3. MATERIALS. Owner will furnish materials listed in General Requirements in section 10 I 0, paragraph
<br />] .03. All additional materials required will be supplied ModTek, Ine. per specitications and arcllitectural
<br />and engineer drawings.
<br />4. CONTRACT AMOUNT: ModTek, Inc. agrees to perform the work in accordance with this contract
<br />for tbe total amount of: Sg,900.00
<br />EIGHT THOUSAND, NINE HUNDRED DOLLARS AND NOli 00 DOLLARS
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<br />5. PAYMENTS TO CONTRACTOR. Harris Service Unlimited Inc. shall pay ModTek. Inc. for the
<br />work in the following manner, based upon completion oftbe work as determined by Harris Service
<br />Unlimited. [nc. and upon payment to Harris Service Unlimited, lnc. by the OWl1er for that portion of
<br />compleled work.
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<br />30% Of"lbe Conlract Amount less reminage After Five {5) Weeks of the Start of the Store.
<br />*(30./0 of the contracted work mlJst be completed)....
<br />3()D!a Of The Contract Amount less retainage After Seven (7) Weeks of the Start of the Store.
<br />*(60% of the contracted wonl must be completed)""
<br />3()oIo Of The Contract Arnowlt less retainage After Nine (9) Weeks ofthe Start of the Store.
<br />""(90% of the contracted word n,"S't be completed)'"
<br />I ()o/o Retainage of the contract amount upon completion of the store and all paperwork, including lien
<br />rel<:ase and final billing, have been turned in. The final p8ymentlo ModTek.lnc. is contingenl upon
<br />receipt by Harris Service Unlimited. Tnc. of the final lien release.
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<br />6. TIME OF COMMENCEMENT AND COMPLETION. ModT~k., Inc. shall commence the work no
<br />lat.:r than 7n120fJ8 and shall complete the work not later than 71312008
<br />7. WARRANTY. ModTck, loe. warrants that the work will be perfocmed in a good and workmanlike
<br />acceptable to Harris Service Unlimi'ed, JIlC., which $haJJ be the ~ole judge of the quality and acceptability
<br />of the WOf"k. FOT a period of (I) year following final completion and acceptance of the work by Harris
<br />Service Unlimited. Inc. and upon receipt ofwr:iuen notice from Harris Service Unlimited, Inc., ModTek,
<br />In~. will correct all defects not previously discovered which are unacceptable To Harris Service Unlimited.
<br />Inc.. which corrective work will be at ModTek., Ine.'s sole expense, including the cOSt of replacing
<br />materials to tne extent such replacement is required. If ModTek., Inc. fails to correct such defective work,
<br />or to commence and diligently pursue such corrections, within three (3) days after NOlice 43 to ModTek,
<br />lnc. by HarTis Service Unlimited, Inc., Harris Service Unlimited, IDe. may, at its option, c.orrect such
<br />defects, and ModTek, Inc. will reimburse Harris Service Unlimited, Jnc. for the cost of such correction,
<br />plus an Administrative fee of ten percent (10"/0), plus interest on the total of such cost and Administrative
<br />fee at the highest lawful ratc.
<br />8. PA YMENT OF OTHERS BY CONTRACTOR ModTek, lac. shall pay offand discharge any and
<br />all debts and ob ligations incwred pursuant to perfunning dIe w~ including but not lim ited to obligations
<br />owed to MollTek, lnc.'s laborvs, to subcontraaoJ$ and to suppliers of materials (if any materials are
<br />provided by ModTek.lnc.). ModTek. Ioe. shall defend, indemnify and bold Harris Service Unlimited,
<br />lne. harmless with respect La claims of liens filed by others. Harris Service Unlimited, Inc_ shall have the
<br />right, at its sole discretion, to withhold pa~nt of amoulI(s otherwise due ModTek, Inc. until ModTek,
<br />Inc. presents Hum:'! Service Unlimitcci, Inc. with (I) Contractors affidavit identifying all others who have
<br />furnished Jabor or materials for the worle, together with the amounts Dwed each of them, (11) L iCll Rdea.ores
<br />from all such others and (III) such other infonnation oc documentation as Harris Service Un I imiled,1 nc.
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