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HomeMy WebLinkAboutBuilding Permit #233 - 205 MASSACHUSETTS AVENUE 9/19/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: Date Received Date Issued: IMP RTANT:Applicant must complete all items on this page LOCATION � 05— dV e Print PROPERTY OWNER 1�/ �. C I oc3 no Unit# f 1. Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no 100 year-old structure ye no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building Azne family ❑Addition ❑Two or more family - ❑ Industrial ❑Alteration No. of units: ❑ Commercial pl-Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other 1®Septs (®Well y v ®)F o d elands; . I,® Wat shedlDstn is ti , - z (AWater/Sewei, DESCRIPTION OF WORK TO BE PERFORMED: L2 Rev; c (Identification Please Type or Print Clearly) OWNER: Name: ( r- 1 t5o cxc3, Phone: 23 Address: R0 a3 J .l)e_ CONTRACTOR Name: Z-ek Phone: Z �� Address: tr d C SES r S S f Supervisor's Construction License: Exp. Date: 7—,? Home Improvement License: 6 %& 5'0 Exp. Date: �" — 01 7- ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. Total Project Cost: $ �► FEE: $ 25 Check No.: ( Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund - '-' ,•,�-:a F.. Q, ?:',, � ti�4.':;; .... � — k .< w -4,i d •a -;...:„;4-4.:"r':•-.>.--'+ ,y+ i F . Cinnafiira'nfirnnfrart Cnna�i irc nf,�nant/(hnmcr_'e" ... . ^••.. .. . .. . r " N �,,s 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 o 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 Permi, Addition or Decks ❑ Building Permit Application - if 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: Doc.Building Permit Revised 2008mi i 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 A G 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 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 droprequires Electrical Inspector Yes q approval of 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 2011 June/mi Location ,1 Ue— No. Date Qf 4 ,90 TOWN. OF NORTH ANDOVER F w � y Certificate of Occupancy $ sCMUSE<�' Building/Frame Permit Fee $ _ -j�(�J Foundation Permit Fee $ Other Permit Fee $ TOTAL $ _ , Check # 24597 Building Inspector NORTH ® of c over C" 0 , dover, Mass., j. COCMICs wtCK y ORATED U BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System BUILDING INSPECTOR THIS CERTIFIES THAT.......... .. ..........�.. ..i�.�i�11�!Ol ............................................................................. Foundation DOrhas permission to erect......................................... buildings o ........... .......... ....... ........................ Rough to be occupied as................epoo .........I •..... vi.a! .�......... . ..... ............... Chimney provided that the person accepting this permit shall in e ry resp t conform to the terms of the ap cation 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 ONTHS ELECTRICAL INSPECTOR LESS CONS S�V S UNLESS Rough Service ....... ........................................ ..............................................TOR..... .... BUILDING INSPEC Final Occupancy Permit Required t® Occupy 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. / Jvva ORa CERTIFICATE OF LIABILITY INSURANCE0^TE(MhfJDD✓fYYY) i 5/17/2011 IS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. nORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed- If SUBROGATION iS WAIVED,subject to 1 terms and conditions of the policy,certain policies may require an endorsement. A statement on this certlflcate,doea not confer rights to the tifcate holder in lieu of such endorsernent(s). JCER t NTa T Dan1Se C1IDAtt., NAME: ss insurance-pap'nodV FHONE (97 9)532-5,145 FAX - [LU�NoL'... Lynn--Field StreOt A DRESS:dci let:t4@C_08Sds2^_Cy.CO^_1 -- PROoucER'TOM'R ID 00079922 body iduk 01960 INSUKER(S)AFFORDING COVERAGE I JAIC a cD INSURERA-1--TercnantS Ins Cr®ulD INSURER 0 XIei tionaL Union Tire -IIS c0 0Y Tg;.hars, Inc. .. .--- 40 LaACaAti2r S YEelINSURER CIN$URcR D- INSURER c: � ernill NA 01830 INSURER F: ERAGES CERTIFICATE NUMSER:CL10924363?6 REVISION NUMBER: S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 2TIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, -LUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCEe 5 POLICY NUMBERPOLICY EFF POLICY EZP -' WVD RdldlDOlYYYY 116VDoh'YYYI I - LIMI iS 3ENERALLIABIUTY I J EACH OCCURRENCE COMMERCIAL GENERAL LIABIUTl' AMA I Ktr a t FREMISfiR(E�oa d[L@lca)._ CLAIM$.MADE n OCCUR MED E-PAn ( Y me por;on) 5 PERSONAL 5 ADV INJURY S GENERAL AGGREGAIC g aE*1FN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 POLICY M LOC S VUTOMO®ILE LIABILITY COMBINED SINGLE LIMIT ANI'AUTO (Ea acudcnl) — S 0 0 0,0 0 0 ALL OWNED AUTOS A7015134 5/21/2010 6/21/2011 EODILY INJURY(P=oe;on) S SCHEDULED AUTOS BODILY INJURY(Per scodail)15 HIRED AUTOS PROPERTY DAMAGE (Per sccr0enq NON-OWNED AUTOS -- PIP•8a* S Madlcal pan,enls S UMBPELA LI:B OCCUR EACH OCCURRENCE S EXCESS UABCLAIMS-MADE AGGREGATE S DEDUCTIBLE ------ RETENTION S 5. VORKERS COMFENSATION S IND EMPLOYERS'LIABILITY WC S7AYV- OTH- ,NY FROPRIETOR(FARTNE Y/N n e x RIEXECUTIVF- -- )FFICER/MEM13rR EXCLUDED? © NIA El.EACH ACCIDENT 'a 500,000 %. ndamrylnNH) C009i74192 9/20/2010 9/20/2011 'ycs,describaundor El-DISEASE-EA EMPLOYE S 500 000 ItSCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S 500,000 IP-.,ON Or OPERATIONS I LOCATIONS/VcHICLES (Attach ACORD 101,Additional Remarks SOwdule,I/more space is requlred) to policy for exclusionary endorsements and special provisions. 1FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 114 SA1LPLR CERTIFTCATR &`OR ACCORDANCE WITH THE POLICY PROVISIONS. INSIIRP.NCE PURPOSES ON&Y Sp1'YIPLE COPY AUTHORIZED REPRESENTATIvE Timothy T-amonte/DC4 /-J�7''' u�• � i D 25(2009/09)• ©1988-2009 ACORD CORPORATION. All rights reserved. 5(zoosos) The ACORD name and logo are registered marks of ACORD i � � � �� i���>> � ��� M •� E i `� f i I Qb89L :#�l .tauolssilull]0. £LOZ/LZ/L :uoliejtdx3 OEM VVY '�-11HH3AVH 4M3 130NV-lVNMdM S£ SIONb213 W NIA3A R - C;LGo8 so :asuaori, asuaOI* ioslAJadnS uol;on.t;suoO sp-111purIS Pur suotjvjn>aH.r;uippng jo p il0a jijjPS ar qnd Jo au.aiui.mtlaa -sJIasny;)rssru �1ce Toonvnw�usP�c o�✓ Oaac�ivaefta office'Of Consun Affagrs 3c B`usmcss•Regutation. OME IMPROV):MENTCONTFWCTOR ^Nj Re9is4ation:—l`08503 Typ.er#s Expirafaon:_ /1.912012 Sup.PI J N'R GUTTERSijJNS KEVIN ,E,RANCIS 38-40 LANCASTERST Haverhill, MA'01830Undersecretary The Commonwealth of Massachusetts Department of IndustrialAccidents Office of Investigations 600 Washington Street Boston,MA 02111 SY www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): .,�^r .S Address: �j _ 1\D Y )c .�- City/State/Zip:. �4 A D 4 "phone#: e! 2 2 �( 0 � FAreu an employer?Check the appropriate box:m a employer with 4. ❑ I am a general contractor and I Type°f project(required): ployees(full and/or part-time).* have hired the sub-contractors 6 El construction 2. ❑ I am a sole r _ proprietor or partner- listed 7. p p p on the attached sheet. � ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for mein any capacity. workers'comp.insurance. [No workers'coin .insurance 5. 9• E]Building addition p ❑ We ate a corporation and its required.] .officers have exercised their 10.El Electrical repairs or additions 3.❑.I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp. C. 152, §1(4),and we have no 12.�]Roof repairs insurance required.]t employees.[No workers' comp.insurance required.] 13.❑ Other *Any applicant that checks box#I 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 sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Z Job Site Address: 5— e City/State/Zip'—X) �D 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 ORDER and a fine of up to$250.00 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 penalties of perjury that the information provided above is true and correct. Signature• - Date j zo Phone#: 3 7 2-- 0 e 0 ---------------- FFIsew only. Do not write in this area,to be completed by city or town official. n: Permit/License# hority(circle one): Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspectorson: 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 including 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 or 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 acceptable evidence of 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 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-contractor(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 cavy 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 be sure to sign and date the affidavit. The affidavit should 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 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 appropriate 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/license 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 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 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 CommonweaU of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. 4 617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax#617-727-7749 www.mass.gov/dia Proposal ; J•No 1 H1c#108503 All Types of Home Improvement i www.jnrgutters.com I 38-40 Lancaster Street•Haverhill, MA 01830 Haverhill,MA: (978)372-4088 Nashua,NH: (603)595-2272 I Andover,MA: (978)475-3723 Portsmouth,NH: (603)433-1811 1 Woburn,MA: (781)937-4212 Manchester,NH: (603)666-5502 Natick,MA: (508)653-2200 Dover,NH: (603)740-3099 . • Boston,MA: (617)423-3559 Rochester,NH Lakes Region: (603)335-0068 Toll Free Nationwide:(800)966-9238 ,; i. Fax:(978)372-0360 PROPOSAL SUBMIT P� 681-507312(}11 ! reDT'Cloonan i STREET 205 Mass Ave JOB Nc t Roof CITY,STATE and ZIPDE JOB LOCATION Ko Andover MA 01845 je ]JXopase hereby to furnish m ria and labor-co plete in accorda sp ifications below, for the sum of: ` 1} dollars($ I!Paymen be made as follows: ,r .j .t I I !i A orized Note:this proposal may be Si nature withdrawn by us if not accepted w; ii"'f�—Z days. l We h eby subrrµtercif@XI°s` ngeroo fconsisting of approximately �C l' square feet of roof surface. ii and walls: Sweep loose gravel and or debris and dispose of it in a legal fashion. j Mechanically fasten recovery board roof insulation to wood deck. i ,l I Install EPDM rubber roof system by Carlisle, Firestone, or equal. II Flash all roof penetrations as required and dictated by good roof practice. a; jFlash walls and terminate rubber under existing cap flashing. , it !i Flash drains as required and dictated by good roof practice. Upon completion and payment In full, roof system to be warranted by roof !i Contractor for a period of ten years. i The board we will be using is 1/2" ISO board. Then the rubber roof, stem jj will be fully adhered to this board. T I{ Thank You, J-n-R Gutters, Inc. li li I r Do not sin this contract j CCe�tzxxtCe D� �Xa�1[TS�CI The prices,specifications and g I conditions listed above and on the back of this form are satisfactory and are if there are any blank spaces: I i hereby accepted. You are authorized to do the work as specified. Payment will j be made as outlined above. i I Three day cancellation rights under section forty-eight of chapter ninety three,sec- ition fourteen of chapter two hundred and fifty five,D or section ten of chapter one Signt���Xfi�� hundred and forty D as m applicable. l� Date of Acceptance:�g � �� {� Signature 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 OFAND 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.