Loading...
HomeMy WebLinkAboutBuilding Permit #190-15 - 85 FLAGSHIP DRIVE 8/22/2014 BUILDING PERMIT NORTFIq 16 tIyD 4 TOWN OF NORTH ANDOVER 32 ''-B6 ° o APPLICATION FOR PLAN EXAMINATION Permit No#: O r J Date Received9q ��SSACHU`-+���� Date Issued: I P RTANT: Applicant must complete all items on this page 1,✓' LOCATION rl t PROPERTY OWNER Print 100 Year Structure yes n MAP�a.../,._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: bWommercial ❑ Repair, replacement ❑Assessory 9 Bld iiOthers: ❑ Demolition ❑ Other ❑ Septic ❑Well ❑ Floodplain ❑Wetlands ❑ Watershed District ❑Water/Sewer DESCRIPTION OF WORK TOPE PERFORMED: o'S i y"k c70ky Identification- Please Type or Print Clearly OWNER: Name: ' 5= l 4ti 5�,;� 'i? 2�,,,� CG v-�o AlS Phone: Address: Contractor Name: Phone: 5 1 3"1 2- y v � Address: - Laocc. g - Supervisor's Construction License: C 5 a6' y S l 5 Exp. Date: 7 1.21 , Z 01 S / I� Home Improvement License: 1 O S 3 Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. r a Total Project Cost: $ 26� . v D O FEE: $ C) I Check No.: 1 '7`7 Receipt No.: i NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner Signature of contractor f Location No. Date12—T . - TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee TOTAL $ t Check Building Inspector 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 PLANNING & DEVELOPMENT Reviewed On Signature_ 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 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) I i i ❑' Notified for pickup Call Email Date Time Contact Name Doc.Building Permit Revised 2014 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/Cross Section/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) j ❑ 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:Building Permit Revised 2014 f t%ORTH Town of . t : ., ver 0 No: - oh ver, Mass, �,� C OC"cc.1 WICK ��- A°RATED ►P�``,��5 s U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System !! THIS CERTIFIES THAT ...... ......{.., BUILDING INSPECTOR ... .g►�.S..11�� ®®�?.k�. I. O ' � Foundation has permission to erect ..........................Puildings on ....®..w...........Ff Rough to be occupied as .............. �,�...... ........... �.. :.... .. ��.Q.... ...o.................................. chimney provided that the person ac epting this ermit shall in every respect conform the terms of the application Final on file in 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 asoo UNLESS CONSTRUCTION Rough Service J ........................ytlLd_�...... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Buildinz 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. Smoke Det. A`�v� CERTIFICATE OF LIABILITY INSURANCE 8�1i2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Sarah Go ette NAME: y Cross Insurance-Peabody PHONE (978)532-5445 FAQ o:(976)532-2217 139 Lynnfield Street ADDARE :sgoyette@crossagency.com INSURERS AFFORDING COVERAGE NAIL# Peabody MA 01960 INSURER A.Berkley Regional Specialty Ins INSURED INSURER BMerchants Mutual Ins Co 23329 JNR Gutters, Inc. INSURER C A I G 38-40 Lancaster Street INSURER D: INSURER E Haverhill MA 01830 INSURER F COVERAGES CERTIFICATE NUMBERCL1471714541 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXP IN TYPE OF INSURANCE ADD SUBR POLICY NUMBER MM�IDDY/YYYY EFF POLICY IDD/ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence) $ 50,000 A CLAIMS-MADE Fx_1 OCCUR GL0050174 /20/2014 /20/2015 MED EXP(Any one person) $ 5,000 PERSONALBADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 Xi POLICY PRO Ll LOC $ AUTOMOBILE UA131UTY EO a6�lNdeDtSINGLE LIMIT 1,000,000 B ANY AUTO' BODILY INJURY(Per person) $ 20,000 ALL OWNED X SCHEDULED W.A7015134 /21/2014 /21/2015 BODILY INJURY(Per accident) $ 40,000 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident PIP-Basic $ 8 000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LL48 CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 0050684 /20/2014 /20/2015 $ C WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS'LIABILITY LIM ANY PROPRIETOR/PARTNER/EXECUTIVE Y0 NIA E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMOER EXCLUDED? 009774192 /20/2013 /20/2014 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEEI$ 500,000 K yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mora space is required) Refer to policy for exclusionary endorsements and special provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Insureds Purpose ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i Timothy Tramonte/MD1 `.Z� �a• � ' ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r9mnnsi n+ Tho Ar npn nnmo and Innn mm mmeforort mnrlre of Annon Massachusetts -Departmen Board of Buildin t of Pubic Safety g Regulations and Standards Construction Super"isor j License: CS-080515 s �.rtv VIN M FRANCS � 64 GROVE STREET�II,� Haverhill rvMA 01$32 I I ' Commissioner Expiration 07/21/2015 C �po�rrar2roea�l�2d"uaeg Office of OConsus umer Aff fairs& 11a4lia Business Regulation ,. ME IMPROVEMENT CONTRACTOR _ egistration: 108503 ;expiration: ..8/19/2016 Type: Private Corporatior J N R GUTTERS, INC. Jonathon Raymond 38-40 LANCASTER ST Haverhill, MA 01830 Undersecretary i I I yhe Commonwealth o,f.112`assaeh.asetts �epa��en�o�'�'nc��,st.�iccrAcczc�en�� • . Office o,f fivesfcgafeons 600 Washington Street Rostov,MA 02.1.11 wwipmass go-PIdira U1 w9r]kex0'CO)npengatio�L bsu a ce Affiftylt:Sui der etCol*actoxo/Electr ici=-S Pi**iexo App)hant oxana on PleasePAMLOPON Name(Business(Orgwisation/i' &1duaD: Address: 3 g ca o L C4, ►, t�.sk `r ��— Cz Phone 0: Ax e yon[an employer?eheek the appropriate box: Type of project(regmfred): 4. [(x=a general contractor ands ;1.} am a employer with 2 have sub-contractors 6' New c6nsfnzctzon employees(�llandloxpattti T 7. �] emodoling 2.p T am a sole proprietor or partner listed on the attached sheaf ship and`liavena.employees These mB contractors have 8. Demolition working forma in any capacity. workers'comp.insurance. 9, p Building addition. PTo work-ms'comp.ikmance 5. ❑ officers axe a havcole a xerels a their lap Electxicalmepairs ox additions xecluixerl.� o�icexs have exercised.their � ' 3.El x am a homeowner doing all work right of exemption p orl ef, 11.[]Plumbingrepairs or additions c.152 §1(4), �we have na myself UTO workers comp. a12.p koofxepairs inGnrancerecZuixed.�� employees.[No-workers' 13.[]Oilier ' comp.insmancexegnired.] • ��lnyapplicanttha�cbecksbox�Zmustalsofillduithese�fionbel6vishowing�tieir'�rbzkers'compensation.policyinfozmafion. '� • Hosneovrners vrho submitthis aifidawtindicating9ey fir doing allwAmdthenhire outside contractors must submit anew affdavitindicating&A Tcontactorshatchadk6bbox mattachedawain esub-contractorsandthokworkors'comp.polioynonnation.nin arra an ernployev that is providing�os�lXIS cornpquadam insuran fogW employees Beton is tfiepalicy andjoi`a site iYzfQ�mation. Tvsuxance Com�any�Tame;. 1� -� � .. Policy#or Selz hg.YSC.# 6 O�' '� U 2 llxpixationDate: Z Z D f ob bite A ddres� S EA ,�J Q —D�-�'e fCityiStateizip:_ N v\-A-oV e Attach a copy aft ewo kers'coxnpensation-poltey declaration page(showing-the policy n-Umber and expiration date). .Failure to secures coverage as xequixednnder Sectiov.M ofMOL c.152 can lead to the imposition of eriminalpenalties of a fine-zp to$1,500. 0 and(or 03101-year imprisonment,as wallas civilpenalties in the fonu ofa STOP WORK ORDER,and a fine ofupto$25QAL1 ,day agaimstilheviolator. Be advised that acopyofthgstatementmaybefozwardedtotheOfCxceof 1'nvestigations of the DTA.for ii>mance coverage vemifcation. •I to Her=eby cgrtfy under azepains awdvenalties ofper,Tary tlaatMe information providedabove is tr•ae andeorreet, Sr nature �--- �— Date• -K [, 2 2 o t Y Phone# l -2 official use o tly. Do not write in triis area,to be corazplefed by city or town official City'or Town.: 'ermzt/License# Issuing.ATithority(circle ane): 1.$oard of Health.2.Buildinpepartmend 3.CifylTowu Clerk 4.Blectrical Inspector 5.>Plruxahing]fnspector f.Other Information and lustnction Massachusetts General Laws chapter X52 xe 5 p quires all employers to provide workers compensation for titer employees. Pursuant to this statute,an e�r� loyee is deiinod as"...evezy person iii,the sext�ice of auothex under any cozitract o hire; ' express oz-implied,oral orwxitfae e la,Ye s de£ned as"an zndividual,�aartnershi ,association,cozpoxafiort ar other legal enf V,ox anyt�ro oxmoxe' Of oxegoingengagedina�ointenterpxise,and Includingfheleg alxepxesentafzveso�'a•riec0as6dem to receiver 0iii;sfee ofan individual,partnership,association,or other legal enfity,employing employee s�owevex�he ovMorofadwellinghouse havingnotmoxethauthreeapartments andwho xesidestherein,oxtheocoeas. va dwellinghouse of anotherwho employs,persons to do maintenance,construction oxxepaix work on sucl2 ntoftdwellinghouse or onthe grounds oxbuilding appurtenantthexeto sbalroof because Of such employmentbe deemedto be an.employer MGL chapter 152,§25C(6)also states that"every state or local He-enAg agency shall withhold he issuance or renewal of a license or permit to operate a buskess or to constant bufldin s g m.the commonwealf)x for a applicant VAO has not produced.acceptable evidence o£compliance with the insuz an ce coverage required�' .Additionally;MGL chaptex 152,§25C(7)states"N'elthexthe commonwealth nor any of its political subdivisions shall entex into M�'contract fox the performance ofpublie work- mtil acceptable evidence of compliance with the insurance requirements of this chaptexhave b eeupresented to.the cgofxactiug authority,°' Applicants Please fdl out the workers'comp ensailon affidavit completely,by cfteclQng the boxes that apply to our situation and,if iiecessaxp,supplysub-contractox(s)ztame(s),addresses)and�houerRumbex(s)alongwiththezx certIfxcafe(s)of msuxauce. Liin.tedLiabilVCompanies(LLC)orfimifedLiablhtypartnexships(L P)with no employees other than the members orparfacrs,arenotregairedto caaVwerkers'compensationinsuxauce. H&U LCorLLPdoeshave employees,apolicyzgxequired. Be advised thatlhls affidavitmay be submitted to the Department of fudustdal Accidents fox coniixozafion of insurance coverage. Also be sure to signand date the h afficTavit. afrtdavitshoulcl be xetam edto the city or town That the application fox fhe pema Or license is b01h9 requested,?tot Ca De�attment of 7n dusfrial Aceidents. Shouldyou have any questions regarding the law or if you axe required to obtain a Woxkexs' eompensafionpolicy,pleasecallfheDepaxbnentattbenumbexlistedbelow SeJfinsuxedcompanies sgouldenter thak ' self„insurauce license number on the appropriate lice. City or Towxt Officials Please be sure that&oaffidavit iscomplete andpxmtchagibly. The,Depaxtmenthas provided aspace atthebottom of Me aMdavltfoxyouto fll out in the eventthe Office of favestigatlons has to con tact youxeg arding'die applicant.ncense number wbzchwill,be used as a reference number, In addition Please be-sura to Min the pemiif/I ,an applicant - iatznust submitmultiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if-nvecessmy)and under'J•ab Site Address"the applicant should write"all locations in (city ox towh). A copyoifhe,a davi4thathasbeenOfHallysiainpadoxmarkedbyihecityoxtowumaybepxovidedtothe app ea%taspxooftbatavalidaf clav%tisonftle oxfi�toxepemvfsorlicenses. ,Anewaffidavitmistbaffl dbuteach year.Where a home o-vmex or citizen,is obtaining a license ox p ermif not related to any business or commercial venture (i.e.a clog license orpe3mit to burn leaves eta)saidperson is N'OTmquked to complete this affidavit. The Office of lnvestlgafions'would like to thank you To advance fox your cooperation,and should you have any questions, please do not hesifdte to give us a call. The Departments address,telephone and faxnumbex; TkQCQ on-tafth0rM-4maC*Vw-* 0kago Q wWWou 1109ta4 MA 02111 H Revised 5-26-OS Fax#617~727-7749 I . v J*N*R 63 yrs c o 1410 108903. : All Types of Home Improvement ww%v jnrgutters.com 38-40 Lancaster Street-Haverhill,MA 01830 . Haverhill,MA: (978)3724088 Nashua,NH: (603) 595-2272 Andover.MA: (978)475-3723 Portsmouth.NH: (603)433-181.1 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 Ruchester,NH Lakes Region: (603)335-0068 Toll Free Nationwide:(800)966-9238 372-t360_. ! .�l kj f a PROPOSAL suamiTTED 16 . it PHONE DATE C f t< Sutton Rlanagement Co 1 978-689-999 07011/2014 STREET P.O. Box ?73 200 Sutton St. JOB NAME hoof Replacement CITY,STATE and ZIP cobbxtb Andover, MA 41$$5 JOB LOCATION 85 Flagship Drive,N. Andovet-, 'XIA Attn. Rick Stem, Fax 4978 -8.593- Fe VrVFCr0e hereby to furnish material and labor-complete in accordance with specifications below,for the sum of: " 31misand Dallam and QW,ori dollars($ Sing l7ftfl:04 I Payment to be made as follows: �; 'I 1 `r -The _ rr excluded from the Guaranty Fund provisions of MGL chapter 142A.) AuthorizedNote:this proposal may be Signature withdrawn by us if not accepted within days. I i We hereby submit specifications and estimates for: ( SCOPE OF IVORk TO EVC—LURE SCOPE SLTPPLIIM BY OW-N RS SURFACE PREPERATIOM i Remove old roofing systems to deck and dispose of in a legal fashion. Install pressure treated wood nailers around perimeter where needed. INSULATION Install 4.5" Polyiscocyanurate insulation board as per scop: of work. Insulafion is to be secured with fasteners. Screw fastening plates per manufacturer design. I ROOFING MEMBRANE Roofing membrane will be EPDlvl .060 thickness, color black. Membrane will be fully adhered to manufacturer's specifications. Termination bar will be used for securing and sealing flashing terminations pe. manufactures specifications. Secure tape will be used on all splices. All roof penetrations will be sealed to Manufactures specifications. METAL WORK AND FLASHING Flash around any eyisting skylights and roof penetrations. Install new metal flashing around perimeter of buildng. Secure and terminate membrane accorGing to manufactures specs. TERPAS AND WAti;BANW J-n-R Gutters Inc to supply 15 yr manufacturer full system warranty. Comply with all OSHA Roofing rules and regulations. , Clean up any coritractof debris and dispose of in 4 legal fashion. Supply current workers comp certificate. is Iv �lr ( , ) u -" . 1pmreytan a orf 11roposal - 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 areany bla k 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 lure / hundred and forty D as may be applicable./ Date of Acceptance: /- /V- f L/ Signature I r � 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 quantitl,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 it 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 liabRity 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 fromimproper,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 andlor 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 1.50%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. B.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 parry 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 indemnity 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.