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HomeMy WebLinkAboutBuilding Permit #443 - 10 CASTLEMERE PLACE 2/11/2009 f q BUILDING PERMIT o tkoRTH 06 4• TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION * � e" Permit NO: Date Received �oRA Too �SSACHU`��� Date Issued: 9 /z//09 M ORTANT:Applicant must complete all items on this page LOCATION % �' � Print PROPERTY OWNER r A60r j t Print MAP NO: 3 7A PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well Floodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly) OWNER: Name: C �•Gr-lie G-zoa'q L Phone: Address: 10 Co.a mt.e 6-c f- CONTRACTOR Name: �''�- Yl - V-Wa .:Phone; ? ? Z y a Address: 3 c1 0 -- yl c u�ov-e-�. Supervisor's Construction License: ` 0 1 -5— Exp. Date: :7 z 1 --2 daft Home Improvement License:--L O<i Exp. Date: ' 19 — r-"40 ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ I o, C>Q 0 , � FEE: $ 0--' Check No.: �-3 Receipt No.: V ef"z/ NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner Signature of contractor ----- Location No. el 4z- Date �oRTM TOWN OF NORTH ANDOVER oV go ,+,a 0 f 9 Certificate of Occupancy $ ,SSACHU Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 14g ` 2 � � � 1 /13uilding Inspector Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT -Temp Dumpster on site yes no Located at 124 Main.Street Fire Department signature/date COMMENTS I Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use ❑ Notified for pickup - Date Doc.Building Permit Revised 2008 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 Feb. 11. 2009 1 :27PM C �K. NNojygo12 P. 1 Cllent>F:13716 N GU C4 ACORDI,r CERTIFICATE OF LIABILITY INSURANCE °ATE(NWtpbtrry'o laotio6 o°ucsR THIS CERTIFICATE 18 ISSUED AS&MATTER OF INFORMATION .K.McCarthy Ins.Agcy.Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 Centennial Or(ve HOLDER.THIN CIERWICATE DOES NOT AMEND,EXTEND OR eebody,MA 01980 ALTER THE COVERAGE AFFORDED NY THE POLICIES BELOW. ' 18632-5445 INSURERS AFFORDING COVERAGE NAIL E maw INsuRERA: P"Widers Speciality Insurance Co_ 33618 JNR Gutters,Inc. INSURERe: Ametiren intematlonal Group 38-40 illStreet wpum c; Sefaty Indemnity Insurance Co, Haverhill, MMA A 0163O INSURER 0: NSURER E: OVERAGE$ THE POUCIES OF INSURANCE LISTED BELOW PIAVE BEEN ISSUED TO TME INSURED NAMED ABOVro FORME POLICY PERIDn INDICATED,NOTWIT119TANDING j ANY REOUREMENT,TERM OR CONDITION OF AIWY CONTRACT OR OTHER DOCUMENT WITII MRSPECT TO WHICH THIS CERTIFICATE MAY BE ISDUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THIt POLICIES DESCRIBED KABN 16 SLIWECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF svgm POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BERM REDUCED BY PAID CLAIMS. 'R TYPE OFNSURANCE POLIdywigeEN P ICY! E Olt LIMITS OENER4,Smit" NBS020030 06*1108 06121109 ISAOM OCOURRENCE S O X OOMMERCIAL GENERAL LIABILITY aAIAGE TO RENTED S60.000 CLAJMI MADE 0 OCCUR MCb oIP(Any wv prun) 55,000 X BI1P0 Ded:2.500 PERSONAL a ADV INJURY S1.000.000 I GIEmERAL AGGREGATE $2.000,000 ORNI A0ORE(3ATE LIMIT APPLIES PER: PRODUCE-COMPIOP AGO 51,000,000 POLICY JE PRT LOG AUTUM LLIABim 3945441 Oti1211Q8 061;1/09 tOOMeNIO INOLPLIMITANY $1,000,000 ALL"ED AUTOS eoon.r PuuRr S X SCHEDULED ALITOS (Per Pelson) X MREDAUT06 BODILY P(JVRY s X,. MON-owwDAUTOS (PerwddoN) X 01rive other Car PsoFExtr�„ S (per eedd.n) GARAGE LIAa1LITT AUTO ONLY-EA ACCID NT S ANY AUTO OTHER THAN &A ACC S AUTO ONLY; 00 5 EXCE32MBRIILLA LIABKRY SACH OCCURRENCE 3 OCCUR 0 CLAIMBµADE AGGREGATE I S DEDUCTIIILQ i RETENTION q _ 3 WORKERS COMPENSATION AND WC008971363 09120/08 09120109 xI Agir-7777 ^ I14pt.mRa LULBILITY E.L.EACH ACCIDENT Sti00 OOD ANY P=ptUETDR/PARTNERIEXECUTN6 DFFTCOIMENpiREitCWDED'! LLOISEASE-filk LOPE 5500000 W,dnmbo mZls EASE-POLICY LL%MT 500 000 OTHER -ESCRIPTION OR OPCIIATIOM I LOCATIONSI VEHIOLE!I ORCLUMORS ADDED BY ENDOR&EMI!w I SPECIAL PROVISIpNI .vldanco of Coverage ;RRYIRCA'TE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DGSCR199D POUCIEB DE CANCELLED BEFORE INE EY RATION Evidence ofCovemp DATE"MMOF,TMISISUDIQMURIRWILL!)i"VORToKW ,t.0. DAYSWRnTFN NOTICE TO TKE CERTIFICATE HOLDER NAeeEO TO THI LEFT,BUT FAILURE TO DO 60 SMALL PIPOSE NO OBLIQATKI1e OR UAI R ITY OF ANY KIND UPON TM!INSUAM ITS AGENTS DR asPa�wTATrvEa j &ELOOR=REGPRMNTATWE \CORD 2512001108)1 02 067791 BMM 0 ACORO CORPORATION 1208 VAORTH:. . Townof .EAndover No. 4 y3 �,. ,.. ; k 0 o o , dover, Mass., Aj COCHICHEWICK y^ RATED F'Pa`�5 7 v V ` BOARD OF HEALTH PERM IT T D Food/Kitchen Septic System BUILDING.INSPECTOR Win.--� THIS CERTIFIES THAT......... .......:...��.�.�........ .............. :. � � Foundation has permission to erect........................................ buildings on ..%C2 Ca'.J 7� ... ��� .,,.,.,,, Rough ................................... ... .. to be occupied as............................... .. .!f ..... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION STARTS Rough ...............j. Service BUILbING INSPECTOR Final Occupancy Permit Required to Oca cpy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. s The Comrrwnwealth of Massachusetts - Department of Industrial Accidents D ice o .ff f.investigations 600 Washinoat on Street Bosto'n, MA 02111 '- ww•'-Mass-go v1dia Workers' Compensation Insurance.Affidavit: Builders/Contraactors/Electricians/,.o AD lumbers licant Information Pease Print L,eaib}v Namt (Business/Organization/individual): Address: d �- �Yl e tt.,5 4 City/State/Zip: 1A k, Phone#: �? ?F 3 '1Z ��,�� FAreyouari employer?Check the appropriate box: am a employer with� O _ . 4. ❑ I am a general contractor and I Type of project(required); employees(fiill and/or part-time).* have hired the sub-contractors 6' New construction 2.❑ I am a sole proprietor or partner- listed cm the attached sheet t 7• ❑ RernodeIing ship and have no employees These stab-contractors have working for me in any capacity. workers' comp. insurance. g' ❑ Demolition [No workers' comp. insurance 5..❑ We are a corporation and its 9 ❑ Building addition 3.❑ required] ofncers have exercised.their 10:❑ Electrical repairs or additions I am a homeowner doing all work rig Myself ht of exemption per MGL 11.❑ Plumbing repairs or additions . [No workers' comp. c. 152, §1(4) and we have no insurance required.] t employees, [No.workers' i1❑ Roof repairs comp, insurance required_] 13•❑ Other *Any appficant,that checks box#1.must also fill out the section below showing their workers'compensation policy information, 'iiomcowners who submit.this affrdavti indicating t,`�ey-art cuing ir::von.at,u Lhcn hire outside eonireciurs muni submit a new atnuavit indicaung such. zContractors that check this box must attached an additional sheet showing the mue.of the sub-con=ctors and their workers'comp,policy information. I am an employer that is providing workers'compensation insu information rance for nA'employees. Below is the Policy and job site Insurance Company Name: Policy#or Self.ins. Lic.#: ('��6 C}�� � Expiration Date: .lob Site Address_ CL City/State/Zip: v m A Attach a copy of the workers' compensation policy declaration page(showi[tg the policy number andexpi .Failure to secure coverage as required under Section.25A ration date). 5A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to X1,500.00 and/or one-year imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to.S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and pe cry that the information provided above is true and correct Sisrtature: Date: op Phone#: 4i 7F 17 Z h 07y, Official use only. Do not write in.th[s area, to be completed by city or town o�ciaL Cit3l or Town: Permit/License# Issuing Authority(circle one): 1. Board of health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute;an employee is defined.as "...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership;association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and includirrg the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than.three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state o r local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptabie evidence mf compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidsnce of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-c6ntractor(s)name(s), address(es) and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC jor LLP does have _ employees, a policy is required_ Be advised that this affic}a.vit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. -Also be sure to sign and date the affidavit. The affidavit shouid be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have.any questions re"�rdiry theiam, or ifyou are required to obtain a workers' compensation policy,please call the Department at the nQz-nber.listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officiais Please be sure that the'affrdak is complete and printed Iegibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event th.e Office of Investigations has to contact you regarding the appiicant. Please be sure to fill in the permit/license number which will be used as a reference number, In addition,an applicant that must submit multiple permitnicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or Iicenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a lirens-- or permit not related to any business or commercial venture (i.e. a dog license or permit to burnleaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax numbs: The Commonwealth of Massachusetts Department of l industrial Accidents. Office of Investigations 640 WashLington Street Boston; MA 62111 Tel. 4 617-727-4100 e=446 or 1-8-77-MASSAFE Revised 5-26=05 Fax 4 617-72.7-7749 VAVW-mass.gov/dia ✓Lp ie 'C�a�n�rtanusP,a�.� ✓I�aarizr.�oP,aa Board of Building'Regulatidns and'Standards Construction Supervisor License License: CS 80515 Birthtlate 7/21/1965 s Expiration 7%24/2009 Tr# 78 • � _�,�,� Restriction l)0; KEVIN M FRANCIS . 31 LAWRENCE ST HAVERHILL,MA 01830 = Commissioner � ✓fae TDoanmumusea.� oo�✓r/ccraac�c,<iubel,Ca Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registration: 108503 E�c��rataon 8/19/2010 s�a ?ypeSupplement Card t z,. J N R GUTTERS KEVIN FRANCIS 38-40 LANCASTERSTwQ Haverhill,MA01830 M Administrator . � I L '. roposal J• N•RRam-r mo ago HIC#108503 All Types of Home Improvement 38-40 Lancaster Street ---* Haverhill,MA 01830 I Haverhill,MA: (978)372-4088 Boston,MA: (617)423-3559 Andover,MA: (978)475-3723 Nashua,NH: (603)595-2272 Woburn,MA: (781)937-4212 Portsmouth,NH: (603)433-1811 Natick,MA: (508)653-2200 Manchester,NH: (603)666-5502 www.jnrgutters.com Fax: (978)372-0360 +� Toll Free Nationwide: (800)966-9238 PROPOSAL SUBMITTED TO , �' PHONE DATE STREET` � / ( JOB NAME CITY,STATE and ZIP CODE / JOB LOCATION ARCHITECT `'" JOB PHONE C xIIpIIBE hereby to furnish material and labor-complete in accordance with specifications beloyV,_for the sum of: Payment to be made as follows: dollars($ Authorized � — — proposal proposal may be - Signature = %/ withdrawn by us if not accepted within `J days. We hereby submit specifications and estimates for: J-N-R WILL STRIP THE SHINGLES FROM SAID BUILDING AND DISPOSE OF IN A LEGAL FASHION. WE WILL BE APPLYING AN ALUMINUM DRIP EDGE AROUND THE PERIMETER OF THE ROOF. THEN A 15LB. WEIGHT FELT PAPER WILL BE APPLIED TO ROOF DECK. THE SHINGLES THAT WILL BE USED WILL BE A 30 YEAR ARCHITECTURAL DESIGNER STYLE. (CUSTOMER WILL HAVE THE CHOICE OF THE SHINGLE COLOR) ANY ROOF BOARDS NEEDING REPLACING WILL BE AN EXTRA CHARGE AT THE END OF THE JOB. THE JOB SITE AREA WILL BE CLEANED ON A DAILY BASIS. ANY REMAINING OR STRAY NAILS WILL BE PICKED UP USING A MAGNET. THIS IS OF COURSE TO PREVENT ANY INJURIES FROM HAPPENING. WE CARRY $2 MILLION DOLLARS LIABILITY IN ADDITION TO WORKERS COMPENSATION INSURANCE. THIS IS TO PROTECT YOUR EXPENSIVE INVESTMENT AND TO PUT YOUR MINDS AT EASE KNOWING THAT I TRULY PUT FORTH EVERY EFFORT TO PROVIDE ALL CUSTOMERS WITH THE HIGHEST QUALI'T'Y STOCK AND PROFESSIONAL SERVICES. PRICE INCLUDES SIX EC+T OF ICE AND WATER SHIELD. PRICE INCLUDES RIDGE VENT. NOTE: PRICE INCLUDES CERTAINTEED 5-SURESTART PLUS COVERAGE WHICH INCLUDES: e 1000NO COVERAGE FOR 15 YEARS ON DURATION, MATERIALS $ LABOR, TEAR-OFF, DISPOSAL AND WORKMANSHIP. WHEN WE DO THE ROOF ESPECIALLY IF YOU HAVE A SPACE IN BHTWEEN YOUR ROOF BOARDS,THERE WILL BE SOME BLACK SOOT (DEBRIS) FROM THE ROOF. WE RECOMMEND THAT YOU COVER YOUR POSSESSIONS WITH PLASTIC.JNR CANNOT BE HELD RESPONSIBLE FOR ANYTHING THAT IS IN YOUR ATTIC NOR THE DEBRIS CAUSED FROM REMOVING THE SHINGLES. ,�krrrpta tre of Prurpoont - The prices,specifications and Do not sign this contract conditions listed above and on the back of this form are satisfactory and are if there are any blank spaces: hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above. Three day cancellation rights under section forty-eight of chapter ninety three,sec- tion fourteen of chapter two hundred and fifty five,D or section ten of chapter one Signature hundred and forty D as may be applicable. --� Date of Acceptance: Signature 1.ACCEPTANCE.This agreement is expressly limited to and made conditional upon your acceptance of its terms and conditions.Any of your terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing (except additional provisions specifying quantity,description of the products or work ordered and shipping instructions)are deemed material and are hereby objected to and rejected. You waive your objection to any terms and conditions contained herein if Contractor does not receive written notice of your objection within ten business days of the date of this agreement. You will in any event be deemed to have assented to all terms and conditions contained herein if any part of the products or work described herein are provided or performed. Please note particularly the Limited Warranty, Limitation of Remedies and Limitations on Actions and Liability provisions set forth below. You acknowledge that the prices stated are based on the enforceability of these terms and conditions, and on the limited Warranty, Limitation of Remedies and Limitation of Actions and Liability provisions below,that the price would be substantially higher if Contractor could not limit its liability as herein provided,and that you accept these provisions in exchange for such lower prices. 2. LIMITED WARRANTY.All work performed by Contractor is warranted to be free from defects in material and workmanship for one year from the date of completion of the installation subject to the terms below.Contractor makes no warranties regarding products sold but assigns to you any manufacturer warranties relating to the products.THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.This limited warranty does not cover damages relating to(a)accident,misuse,abuse, neglect,or, normal wear and tear;(b)failure to use or maintain the product in accordance with manufacturer's instructions;and(c)alteration, repair or attempted repair by anyone other than Contractor or its authorized representa- tive.You shall be solely responsible for the correctness of the plans and specifications and shall release and hold harmless Contractor from any damages resulting from improper, inadequate or vague information supplied by you.Contractor does not take on any obligation to inspect or evaluate the work of other parties in any manner or aspect.This warranty is not transferable. 3. INSURANCE. Contractor shall maintain workers'compensation (employer liability), as required by law, and$2,000,000 in general liability insurance while performing the work. Contractor reserves the right to be self insured to the extent allowed by applicable law. Contractor does not agree to name any other persons or entities as additional insureds. 4. LIMITATION OF REMEDIES.Your sole and exclusive remedy against Contractor for any and all claims for damages arising out of or alleged to have arisen out of the Work will be limited to the repair or replacement by Contractor,at Contractor's option,of any nonconforming work or to the issuance of a credit for such nonconforming work in accordance with these terms and conditions provided Contractor is given a reasonable opportunity to inspect the work and confirms such nonconformity.This exclusive remedy shall not be deemed to have failed its essential purpose so long as Contractor is will- ing and able to repair or replace the nonconforming work and, in any event, Contractor's maximum liability for any damages shall be limited to the total amount paid to Contractor for the Work under this agreement.This Limitation of Remedies clause shall apply to the parties to this agreement as well as to the current owner(s)of the project and its/their respective successors and assigns. If you receive a claim for damages by any owner arising out of or alleged to have arisen out of the Work,you agree to give written notice to Contractor of the claim and provide Contractor an opportunity to inspect the alleged damages within 30 days after Contractor receipt of the notice. If you fail to give the required notice and/or fail to pillow Contractor an opportunity to inspect the alleged damages within 30 days, you hereby waive any and all rights for damages and/or correction of work against Contractor. This Limitations of Remedies may be plead as a complete bar to any action in violation of this clause. 5. LIMITATIONS ON ACTIONS AND LIABILITY.All claims and/or lawsuits including but not limited to claims or lawsuits for indemnity and/or contribution against Contractor arising under this agreement must be made within 13 months from the date of completion of the installation. CONTRACTOR WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM THAT IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL.CONTRACTOR DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGE WHICH MIGHT BE SUSTAINED BY ANY PERSON WHO MAY BE ALLERGIC TO OR AFFECTED BY THE EMANATION OF PARTICLES FROM CERTAIN TYPES OF INSULATION.THE MAXIMUM LIABILITY, IF ANY,OF CONTRACTOR FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM CONTRACTOR'S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE,STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCTS,OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE CONTRACT PRICE. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS,ATTORNEYS FEES AND/OR COSTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6.PRICES,TERMS AND SHIPMENT. No cash discounts,back charges,set offs or counterclaims are allowed unless specified by Contractor.In addition to the prices specified,you agree to pay any federal,state or local excise, use, occupational,or similar tax now in force or to be enacted in the future, assessed against Contractor or you by reason of this transaction. No retention is permitted unless Contractor agrees otherwise in writing.Any past due payment will be, at Contractor's option,subject to interest at 1.5%per month (18%per annum)to the extent permitted by law.You agree to receive(or permit Contractor to receive) near the work site,any materials needed to complete the Work.You agree to protect such materials from damage or loss and provide Contractor, free of charge, with reasonable use of light, heat, water, power, storage space and use of available elevators and hoists as needed.Title to all materials under this agreement shall not transfer to you until Contractor receives payment in full. Contractor may charge you a fee and its actual expense if the job site is not ready for work on the date you specify. 7. FORCE MAJEURE.Contractor shall not be liable for any delay,failures,or default in performance of this agreement or otherwise,in whole or in part, caused by the occurrence of any contingency beyond the control either of Contractor or of suppliers to the Contractor.Such contingencies include but are not limited to failure or delay in transportation,acts of any government or any agency or subdivision thereof,judicial action,labor disputes,fire,accident, acts of nature,severe weather, product allocation or shortages, labor shortages,fuel shortages, raw material shortages, machinery or technical failure, or work that cannot be completed because of another contractor covering the pertinent portion of the building. If any contingency occurs,Contractor may allocate production,deliveries, and performance of work among its customers or substitute substantially similar materials, in its sole discretion, without liability for doing so. 8. CONFIDENTIALITY. If you visit Contractor's premises or you otherwise receive any proprietary or confidential information from Contractor, you shall retain such information as confidential and not use or disclose it to any third party without Contractor's written consent. 9. CREDIT APPROVAL. Shipment and delivery of goods and performance of work shall at all times be subject to the approval of Contractor's credit department and Contractor may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to Contractor. By signing this agreement,you authorize Contractor to check your credit and references. 10. CANCELLATION. This agreement, or any part of it, may only be cancelled with Contractor's written approval. In the event of cancellation of this agreement, any part hereof,you shall pay:(a)the contract price of all completed items; (b)that portion of the contract price that is equal to the degree of completion of products or work in process, effective on the date Contractor receives notice of cancellation; (c)the cost of any materials and supplies which Contractor shall have purchased to perform and which cannot be readily resold or used for other or similar purposes; (d) a restocking fee; and (e)any expenses incurred by Contractor(including legal fees and judgments)as a result of the cancellation of subcontracts or purchases related to this agreement. 11. DEFAULT.You may terminate this agreement for Contractor's default,wholly or in part,by giving Contractor written notice of termination as follows. You may give written notice of termination only if Contractor has received a written notice from you specifying such default, the default is not excus- able under any provision hereof, and the default has not been remedied within thirty(30)days (or such longer period as maybe reasonable under the circumstances)after Contractor's receipt of the notice of default. Delivery of nonconforming products or work by Contractor shall give you the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination for default, you shall be relieved of the obligation to pay for work not performed by Contractor prior to the effective date of such termination.A default on Contractor's part shall not sub- ject Contractor to liability,through payment by Contractor, set off or otherwise,for any other damages, whether direct, consequential or incidental, and whether sought under theories of contract or tort. If customer breaches this agreement the Contractor is entitled to reasonable attorneys'fees and litiga- tion expenses as determined by a"Court of Law." 12.ASSIGNMENT.You may not assign this agreement or any claim against Contractor relating to this agreement. 13. GOVERNING LAW.This agreement shall be construed,interpreted and the rights of the parties determined in accordance with the laws of the State of Contractor's address first listed on the front of this agreement. 14. DISPUTES AND MANDATORY MEDIATION. In the event that a dispute arises over the reasonableness of or entitlement to fees charged by Contractor,the prevailing party will be entitled to reasonable attorneys fees and costs. In all other disputes of any nature, each party shall pay its own fees and costs. Except as required to protect confidential information and to obtain preliminary injunctive relief to prevent irreparable harm,you and the Contractor agree that prior to the initiation of any legal action the parties will engage in facilitative mediation of any and all disputes in anyway related to this agreement. If the parties cannot agree upon a facilitative mediator within 30 days of when the dispute arose,one will be selected pursuant to the Commercial Mediation Rules of the American Arbitration Association. Each party will share equally the fees of the facilitative mediator and costs of the mediation. 15.Three day cancellation rights under section forty-eight of chapter ninety three,section fourteen of chapter two hundred and fifty five, D or section ten of chapter one hundred and forty D as may be applicable. 16.SEVERABILITY.If any provision on this agreement is not enforceable,that provision shall be effective only to the extent permitted by law and all other provisions of the agreement shall remain. 17. ENTIRE AGREEMENT.This instrument contains the entire agreement of the parties relating to the subject matter hereof and may only be waived, changed,modified,extended or discharged orally by a writing signed by the party against whom enforcement of any such waiver,change,mortification, extension or discharge is sought the terms and conditions of this agreement supersede any agreement to which it is attached. 18. INDEMNITY. Each of the parties to this agreement agrees to defend and indemnify one another from any and all claims, actions and/or lawsuits caused by the party's negligent acts or omissions.This indemnity clause and the obligations created herein shall control and take priority over any con- trary indemnity agreement entered into prior to this agreement. Furthermore,this indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into subsequent to this agreement unless the subsequent agreement specifically refers to this indemnity clause and declares it null and void.