HomeMy WebLinkAboutBuilding Permit #611 - 10 FRANCIS STREET 3/22/2007 BUILDING PERMITo* No oTH qti
TOWN OF NORTH ANDOVER 0?
APPLICATION FOR PLAN EXAMINATION -
e^ L
Permit NO: I Date Received "`" """'
S `�����
Date Issued: ` Z-Z AC HU�—
IMPORTANT: Applicant must complete all items on this page
r?N e
LOCATION,
Print
PROPERTY OWNER .' A• - >� t
Print
MAP NO: PARCEL: ZONING DISTRICT: HISTORIC DISTRICT yes no
TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
❑ New Building ane family
❑ Addition ❑ Two or more family ❑ Industrial
❑ Alteration No. of units: ❑ Commercial
❑ Repair, replacement ❑ Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
0 Septic, 11 Well ❑ Flbodpla na Wetlands ❑ Watershed District
Water/Sewar
ESCRIPTION OF WORK TO BE PREFORMED:
ve G 7 K.o'c— —21"IS4 ;q I( g( eK., i4m�
Identification Please Type or Print Clearly)
OWNER: Name: � >Avgren Sc�tn� tivKC,� Phone: -?'i 51 �0��
Address:
CONTRACTOR Name: -:r- W - R C v Phone: u -7F37 z 9 al
Address: nc
�4—
cxs
Supervisor's Construction License: GC:I5-11- Exp. Date 7Z t
Home Improvement License; = F Exp. Date: /I
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: $ S ` r FEE: $ -70 1---
Check No.: 1- Gj / d Receipt No.: op- 00 Ste"
NOTE: Persons contracting with unregistered contractors do not have access to the guarantyfund
Signature of Agent/Owner Signature of contractor
Location/6
No. Date �G? D _
NpRTh TOWN OF NORTH ANDOVER
0 n
4L
Certificate of Occupancy $
s' •ttt' Building/Frame Permit Fee $ �-
4GMu5
Foundation Permit Fee $ l
Other Permit Fee $
TOTAL $
Check #
2 � � � �
Building Inspector
Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED DATE APPROVED
PLANNING & DEVELOPMENT ❑ ❑
COMMENTS
DATE REJECTED DATE APPROVED
CONSERVATION ❑ ❑
COMMENTS
DATE REJECTED DATE APPROVED
HEALTH ❑ ❑
COMMENTS
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 ❑
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
Located at 384 Osgood Street
FIRE DEPARTMENT -Temp Dumpster on site yes no
Located at 124 Main Street
Fire Department signature/date
COMMENTS
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 2007
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 2.2007
BOARD OF B UICDTION SUPERVISORS
ING
License:
Number: CS 080515 '
Birthdate: 07120965
Expires: 07121/2007 Tr.no: 14850
Restricted: 00
KEVIN M FRANCIS
31 LAWRENCE ST
HAVERHILL, MA 01830 Commissioner
� ✓fze tniv»r�rrea�rrcea�C� a��.�/�.�av�rc�ru4e� �.�
�-\ Board of Building Regulations and Standards
HOME IMPROVEMENT CONTRACTOR
Registration: 108503
UIN,
Expiration: 8/19/2008
Type: Supplement Card
J N R GUTTERS,INC_
KEVIN FRANCIS
114 Hale St.
.Haverhill, NIA 01830
Administrator
fP
/r1Q R TH
t
Town of 4Andover
No. '-
dover, Mass.LA
,3. 2? •o�'
COCMICKEWICK
'�Sq ADRATED
`S BOARD OF HEALTH
PERMIT T D Food/Kitchen
Septic System
BUILDING INSPECTOR
THIS CERTIFIES THAT............G%-If�- - .........S .........PwW'--*W.&4.................................... Foundation
has permission to erect.................. .................... buildings on .1.Q......... ... .. ri.t�l..al........rfT� Rough
•
to be occupied asA �. .0. .�.. !♦. 41
. .......�.... .. .�. Chimney
. �. .
provided that the person acce ti this perm shag in eve res ect confor o the terms of the a lik...ion on file in
P P P P ry P PP
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
PERMIT EXPIRES IN 6 MONTHS Final
UNLESS CONSTRU ONS S ELECTRICAL INSPECTOR
Rough
......... . ........ 44
....................... ......... Service
BUILDINL n
Final
Occupancy Permit Required to Occupy Building GAS Rough INSPECTOR
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.
The Commonwealth of Massachusetts
Department of Industrial Accidents
Of,j�ce of Investigations
kv 600 Washington Street
Boston,MA 02111
www.massgov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Awlicant Information Please Print Legibly
Name(Business/Organizadon/Individual):
Address: a n� D4_
City/State/Zip:-E 0. \N I 3OPhone#: q -7 3 Z_ v
Are you an employer?Check the appropriate boz:
1.E I am a employer with - U 4. ElI am a general contractor and I Type of project(required):
employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction
2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling
ship and have no employees These sub-contractors have g. ❑Demolition
working for me in any capacity. employees and have workers'
[No workers'comp.insurance comp.insurance.t 9. ❑Building addition
required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing myself.[No workers'comp. right of exemption per MGL g r epi or additions
insurance required.]t c. 152,§1(4),and we have no 12�Roof repairs
employees.[No workers' 13.❑Other
comp.insurance required.]
Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
=Contractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether or not those entities have
employees. If the subcontractors have employees,they must provide their workers'comp,policy number.
am an employer that is providing workers'compensation insurance for my employees Below is the policy and job site
information.
Insurance Company Name: 'k !-P W/",-
Policy
\Policy#or Self-ins.Lic.#:_ C 0 1313 Z I Z Nl)
Expiration Dater 0 7
Job Site Address: /0 S 5r
City/State/Zip: lJ sA n
Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK
of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Offind a fine
ce ORDER and
Investiations of the DIA for insuran a covers a verification. of
I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct
Signature: i<
Date 3 ZZ, Z a o 7
Phone#: CI "1 Z 3 ? 't 0 —'
F6-.Other
al use only. Do not write in this area,to be completed y city or town official
r Town: Permit/License#
g Authority(circle one):
rd of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
ct Person: Phone#:
Information and Instructions
Massachusetts General Laws chapter 152 requires all emplo ed�o omPr� e workers'compensation for their service of another under any contractm°lime's
Pursuant to this statute,an employee is defined as ...every p
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 including the legal representatives of a deceased employer,or the
partnershipassociation or other legal entity,employing employees. However the
receiver or trustee of an individual,p P• of the
owner of a dwelling house having not more than three
h ee mmaintenance,constructionnstruction or repair wok on such apartments d who resides therein,or the adwelling house
an
dwelling house of another who employs personst
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
hold the issuance
MGL chapter 152,§25C(6)also states that"every state or local the commonwealth for anyr
renewal of a license or permit to operate a business or to construct buildings in
applicant who has not produced acceptable
"Neitherenther the commonwealth nor ce of compliance with the iany of its political subdinsurance coverage v cions shall
Additionally,MGL chapter 152,§25C(7) tea
enter into any contract forthe performance of public work until acceptable evidence 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-conn actors)name(9),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 or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also beret orosip and date the license is being requesited,not the Departmentof. The affidavit d
be returned to the city or town that the application for the pe
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the ro nate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permit/ number which will be used as a reference number. In addition,an applicant
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating currenoi
policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in_(city
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 licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
(i.e.a dog license or permit to burn leaves 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 number.
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston,MA 02111
Tel.#617-727-4900 ext.406 or 1-877-MASSAFE
Fax#617;.727-7749--
Revised
17=727-774 _Revised 11-22-06 www.mass.gov/dia
03/22/2007 09:39 19783720360 JOHN PAGE 01
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Proposal
J*N*R
All Types of Home Improvement
114 Hale Street, Suite 204
Haverhill, MA 01830 �
.. �r,�w
Haverhill,MA: (978)372-4088 Boston,MA: (617)423-3559
Andover,:VIA: (978)475-3723 Nashua,NH: (603)595-2272 j
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 SUBMITTECffgUrCn Saintamand PHONE 617.839T'§�
3,'22'07
STREET ��i JOB NAME
10 Francis Street _�cc
CITY,STATE and ZIP CODE JOB LOCATION
ARCHITECT JOB PHONE
We propoS¢ hereby to furnish material and labor-complete in accordance with specifications below, for the sum of:
Five Thousand Eight Hundred Sixty Or e Dollars and 11/100 $5,861.11
dollars($ ).
Payment to be made as follows:
Authorized 1 Note:this proposal may be /
Signature withdrawn by us if not accepted within - (� days:—
We hereby submit specifications and estimates for:
J-N-R WILL STRIP THE SHINGLES FROM SAID BUILDING ANIS DISPOSE OF IN A LEGAL FASMON. V,'
WILL BE APPLYING AN ALUMINUM DRIP EDGE AROUND THF PERLY.ETER OF THE ROOF Tl-ILN A 151.1
WEIGHT FELT PAPER NVML BE APPLIED TO ROOF DECX T-i 15 G, S T V✓ BV,.' .(
3> A 33`_'EA 2A.-2'0.:1 ��I'U �L 3?S"^�i�.' i S " t'' .`" T'` 'r V� . ' ' .' . . __
.^.07,0 2) ANY ROOF BOARDS NEEDING REPLACI\rG VrLLL BE AN EXTRA CH,','It'7 A i' Tl-_'_
cEIll Or T'-IF JOB THE JOB SITF AREA 1"[IL.L BE CLLA'vED A DAILY BASIS U4" 0-" v; 1N1'Nf-, ('I
STRAY NAILS WILL BE PICICED UP USING A YIAGSN:E r TrLIS ;S C F COURSE TO PREVENT AN 6\JUR 1-,$
FROMI HAPPIENM�G. WE CARRY $2 MILLION DOLLARS UABIL1TY IN ADDITION TO WORKED
COMPENSATION INSURANCE. THIS IS TO PROTIECT YOUR EX,'FNSIVE. INVEST &W_ AND TO 'UT YnL`1
,vMgDS AT EESE KNOWING THAT I TRULY PUT FORTH EN'LUY i-FFMT 10 PROVIDE ALL CUST01IER$
MATH THE HIGHEST QUALITY STMK AND PROFFSSION L SE'IVICFS
PRICE TINCLL")ES SIX 74_7 T OF ICE ANI3 WATER SJ-=-
IN0 V=,. V ::' D . _103.7 7 11 -j V-: A r,'' _' ' L' 2"x.1.1.
?0✓``IDS,"'E 3
�:V'IL . "' SOS.": :37 ,n C:C SOO'" S) ^".,
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Ari3'71,1N, 7?t.TISINYtU-RAti'_"G1%'011"i._ 3. `] i5 : .`: 71'034. 3
(1CCeptanre 01 Proposal - The prices,specifications and
conditions listed above and on the back of this form are satisfactory and are
hereby accepted. You are authorized to do the work as specified.Payment will Signature,—_...
be
ignature, __....be made as outlined above. '
Date of Acceptance: Signature _
1.ACCEPTANCE This agreement is expressly limited to and made conditior.at ipor your acceptance of its terms and conditions.Ary of your terms and
conditions which are in addition to or different from those curtained herei- %riich are nct separately agreed fo 'r rrrting 'except additional provisions
specifying quantity description of:he proar cts )r wor„ordered aro s.,)po ng r st _jchons)are deemed material and are hereby objected to and rejected.
You waive your objection to any terms and conn of s contained sere n ,r ut(r Ices riot receive wrtten notice of your objection within ter business
days of the date of this agreement. You will it 3r, eve-1 De deemec a e swe'fed to a,l terms and corditions contained herein if ary part of the
products or work described herein are prov cec, e fumed. °lease e y :he L,rrrted tYar•anty. Limitation of Remedies and Limitations on
Actions and Liability provisions set fora ruici sc;.r o::ed,e lha' Inn- a "i'-IF y are cased o 'he enforceability of these terms and conditions,
and on the!imited Warranty. Limitation of P.^eo es art, i tat ur :,+ = Ac,,try pro;siers belov: that the price would be substantially higher
if Contractor could not:imit its liability as re,ein or ;E : did that yc,L s,ors ir.(-Kchange for such lower prices.
2. LIMITED WARRANTY All work performed by C,)ntractor w arrantec' ,e rrae ❑elects it rnatenai and workmanship for one year from the date
of completion of the installation subject to the teres beiu::.C)r,tractr n "u cew r ernes regarding products sold but assigns to you any manufacturer
warranties relating to the products THIS EXPRESS WARRANTY 5'h;: ,{_ ,_! SNC XC:DES AL:.OTHER WARRANTIES,WHETHER EXPRESSED,
IMPLIED OR STATUTORY, INCLL DING IMPLIED VIA.RRANTIES OF r,;E QCHANTABILiTY OR F'TNESS FOR A PARTICULAR PURPOSE.This limited
warranty does not cover damages relating to(aj acc Gert. misuse abuae. neg-ect �r normal near and tear; (b)failure to use or maintain the product in
accordance with manufacturer's instructions:and lci alteration. repair or arer•,creo epair by aryone other than Contractor or its authorized representa-
tive.You shall be solely responsible for the correctness of the plans and specrfcatiors and shall release and hold harmless Contractor from any damages
resulting from improper, inadequate or vague information supplied by you. mar rractur tees not tante on any obligation to:nspect or evaluate the work of
other parties in ary manner or aspect.This warranty is nor transferable.
3 INSURANCE. Contractor shall maintain workers corrpersatior employer liability;, as reculreo by law,and$11,000.000 in general liability Insurance
while performing the work. Contractor reserves the r'ght tc be self irsured to tre extent a'o :ed by applicable law. Contractor does not agree to name
any other persons or entities as additional insureds.
4. LIMITATION OF REMEDIES. Your sole and exclus,ve _-reedy against Contractor for a-y aid all claims for damages arising out of or alleged to have
arisen out of the Work will be limited to the repair or repiacemert by Contractor. at Contractor's option,of any nonconforming work or to the issuance of
a credit for such nonconforming work in accordance with trese terms and conditions provided Contractor is given a reasonable opportunity to inspect
the work and confirms such nonconformity.This exclusive emedy shall not be deemed to have failed its essertial purpose so long as Contractor is will-
ing and able to repair or replace the nonconforming work ana. ,n any event. Cortractor'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 ary and ail 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 DELVERY 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 LIABIL.!TY, 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 1.50o 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 allocatior 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�,.,ork among fs customers or substitute substantially similar materials, ir. its sole discretion, without
liability for doing so.
8. CONFIDENTIALITY. If you visit Contractors premises or you otherwise receive any proprietary or confidential information from Contractor,you shall
retain such information as confidential and not we or disclose 11 �o ary shim party without Contractor's:^mitten consent.
9. CREDIT APPROVAL. Shipmert 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 ar,y par, oft may only be cancelled ,with Contractors written approval. In the event of cancellation of this
agreement, any part hereof,you shall pay, (al 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 judgmerts)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 subject
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.
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 corfldentiai 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. INSULATION DOES NOT PREVENT FROZEN PIPES. Insulating around water lines in an unconditioned or semi-conditioned area will not prevent
pipes freezing or accumulating condensation. To decrease the possibility of frozen pipes, locate any water pipes within a conditioned area, such as
internal walls rather than external walls. If You do not locate the pipes within an internal wall,you hold Contractor harmless and release Contractor from
any claims relating to frozen or burst pipes.
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