Loading...
18 WILLIAMS ST - BUILDING INSPECTION (2) The Commonwealth of Massachusetts �c Board of Building Regulations and Standards CITY OF ,6 Massachusetts State Building Code, 780 CMR SALEM Revised Mar 2011 Building Permit Application To Construct, Repair, Renovate Or Demolish a One-or Two-Family Dwelling This Section For Official Use Only Building Permit Number: Date Applied: Building Official(Print Name) Signature Date SECTION 1:SITE INFORMATION 1.1Property A dres • 1.2 Assessors Map& Parcel Numbers I.la Is Cs this an accepted street?yes K' no Nlap Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(R) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: _ Outside Flood Zone? Public❑ Private❑ Check if yes❑ Municipal ❑ On site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 wnerl of Recorfrl' Its, A a Nmne(Print) City,State,ZIP No.and Slreel "telephone Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ Existing Building Owner-Occupied ❑ 1 Repairs(s) ❑ I Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units Other ❑ Specify: _ Brief Description of Proposed Work': SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials I. Building $ '� C,) 1. Building Permit Fee: $ ___Indicate how fee is determined: ❑Standard City/Town Application Fee 2. Electrical $ — ✓ '— ❑Total Project Costs(Item 6)x multiplier x 3. Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ -- List: 5. Mechanical (Fire $ Suppression) Total All Fees: $ Check No. Check Amount: Cash Amount: 6. Total Project Cost: ❑ Paid in Full ❑Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) ao�S332 �( ,j{• Q -, License Number Expiration Date Name'6f CSL Holder t List CSL Type(see below) L ern No.arSreet Type Description I�W�U��rr-�,� j U Unrestricted(Buildings u to 35,000 cu.ft. M�'0(l� R Restricted 1&2 Family Dwelling City/town,State,ZIP M Masonry RC Roofing Covering WS Window and Siding SF Solid Fuel Burning Appliances 1^��' Up�'�35�— L7Dh335h� / hG+fiir,/4T I Insulation Telephone Email addr _�— D Demolition 5.2 R i(stered "me Improvement Contractor(HIC) ld II111 S II//CCll�jb .p,/J�dSrk� FI C Regis ration Number Expiration Date HIC ompany Name HI Registrant Name '16 �t 1 It 1 RIO LL2 �cc�l rA) �la N�Strect EmA address Ci[ /Town, State,ZIP "rele hone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152. § 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes .......... ❑ No...........❑ SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1,as Owner of the subject property,hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application. Chet 9, P�int�wne�r'sN I Ironic Signature) Date SECTION 7b:OWNEW OR AUTHORIZED AGENT DECLARATION By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Print Owner's or Authorized Agent's Name(Electronic Signature) Date NOTES: I. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program), will not have access to the arbitration program or guaranty fund under M.G.L. c. 142A.Other important information on the HIC Program can be found at Aly .mass.eov/oca Information on the Construction Supervisor License can be found at www.mass.gov/dps 2. When substantial work is planned,provide the information below: Total Floor area(sq. ft.) (including garage,finished basement/attics,decks or porch) Gross living area(sq. ft.) Habitable room count c Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost" Mike Becker 4TLANTIC COAST Director HOMES Atlantic Coast Homes,LLC. Office 978-777-4444 48 School Street#2 Cell 978-590-4181 Salem,MA 01970 beckerrealty@gmail.com fax 978-777-4182 CITY OF S.UI EM, NL-`lSSACHUSETTS / t Bl:1tDING DEPARTMENT 120 WASHLNGTON STREET, 3"FLOOR TEL (978) 7i5-9595 Fsa(978) 740-9846 KINiBERLFY DRISCOLL tiLiYOR THoh As ST.Pt>✓¢RE DIRECTOR OF PUBLIC PROPERTY/Bt:BDING CO\L\IISSIONER Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibi V lilac(nosiness,Orgmizaliom' J(I�divWe Address: ./G �— (— " , \ LA ' City/State/Zip:s `�- Phone #: 7�E/ 3 6-- i cy Are you an employer?Check the appropriate box: 'Type of project(required): I.M-I am a employer with 3 4. ❑ 1 am a general contractor and dntployees(full and/or part-time)." have hired the sub-contractors 6. ❑New cmtstruction 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. t 7. (Remodeling ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity, workers'comp. insurance. 9, ❑ Building addition (No workers'camp. insurance 5. ❑ We are a corporation and its required.) officers have exercised their 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL I I.[] Plumbing repuil'S or additions myself, [No workers'cutup. C. 152, §I(4),and we have no 12.❑ Roof repairs insurance required.) t - employees. [No workers' 13,❑ Other cunfp. insurance required.l •any upplivarn du1 checks but 01 muH also rill uut the acctiun belowihowing their woAcW compensation pulicy inhumation. 'I lummtwrcn who ruhmit this atildrivit indicating 1hcy are doing all wok and then hire oauide wraractor,muM auhtnif a new affidavit indicting such. uraemn thus check this box most anachal an edditiunul ehcet showing IN mmne of the aub-cantraetun and their worken'comp,put Icy information. l uric an employer that is pruvidinK workers'cuntpeasatlan insurance for my earpluyees. Beluw is the policy and Job site fafornrufian. Insurance Company Name: _�_ .__.j o<. r• Puficy d or Self-ins. Lie. 0: Expiration Date: ' lob Site AddresS: City/Stute/Zip: Attach a copy of the workers'compensutlon policy declaration page(showing the policy number and expiration date). h'ailure 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 S1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a line orup to SM.00 a day against file violator. Be advised that a copy of this statement may be forwarded to the Otlice of Investigations of the DIA for insurance coverage verification. 4 /'do lure ce tijy a er the pains a a ti s of rjury that the hrfunuatiwr provided ubuve it true and correct. s i,m' l C' ` Datc: Pltnne t , O[Jiciul use way. Do a tie in this area, to be cunrpleted by city up to ivn affleluL City nr l'uwn: .__ - Permit/l.leensc N ' Issuing Authority (circle one): -- _--_ -- I. Board of Ileallh 2. Building Bcparfutent .1.Cityfrnnn Clerk 4. Electrical luspectur 5. Plumbing Inspector 6. Other Cunfsct I'ersnlc_. _ .. .-_--- Phone 6: CITY OF Siu.Em ;tiL-USACHUSETTS 13ULDNIG DEPAR-M&NT \, 120 W.ISHLYGTON STREET, 3%0 FLOOR �~ `3 'aL (978) 735-9595 FAX(978) 7.10-9844 KIMSERLEY DRISCOLL AwO R THOwS ST.Pir Ras MucrOtt OF PGBLic PROPERTY/3CILDLNG CWNISSIONER Construction Debris Disposal Arildavit (required for all demolition and renovation work) Jn accordance with the sixth edition of the State Building Code, 730 CMR section l l 1.5 Debris, and die provisions of tbIGL c 40, S 54; Building Permit !t this work shall be is issued with the condition that the debris resulting from l 1, S ISOA. disposed of in a properly licensed waste disposal facility as defined by &IGL c l The debris will be transported by: y -Ty,�,,/L (namc of'liaula) The debris will be disposed or in (name of facility) - --(addies.t of ticility) tatnreofpermit wileant Massachusetts -Department of Public Safety !, Board of Building Regulations and Standards Construction Super isor License: CS-085322 ROBERT F ROGERS ' "26 WELDWOOD RD _ DANVERS MA 6E92; t Expiration' _. s_ �Gommissioner 05/13/2095;. i . Office of Consumer Affairs and Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration ' Registration: 170415 '> Type: Individual Expiration: 1011812015 Tr# 245735 ROBERT ROGERS 7 ROBERT ROGERS 26 WILDWOOD RD DANVERS, MA 01923 " `_ a,- - ., '' Update Address and return card.Mark reason for change. ;CAI G 20M.05111 _ ❑ Address Renewal Employment Lost Card ��,a tpoveveoaemurl/�t��tivaiic�redel� Office of Consumer Affairs&Business Regulation License or registration valid for individul use only ua =!kIOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: iWegistration: 170415 Type: Office of Consumer Affairs and Business Regulation expiration -= 10/18/2015 Individual 10 Park Plaza-Suite 5170 = Boston,MA 02116 ROBERT ROGERS . ROBERT ROGERS �e y !6 WILDWOOD RD Y"NotMfid )ANVERS, MA 01923 -� 1 / Undersecretary ut signature it To: City of Salem May 20, 2014 Building Commissioner Salem, Ma. 01970 From: Chet Derr—Mass PE 31828 60 Shepard Ave. Swampscott, Ma. 01907 Subject: Modifications to 18 Williams St. Second Floor Becker Residence - Salem, Ma. Bill, I inspected the structure at 18 Williams St. today. The modifications to the second floor ceiling and roof do not change the structural integrity of the building. The original framing timbers are in good condition and have all been left in place. Regards, Chet D y ewesre B.DER m Mass PE 3182 10mat E Jones Boys Insulation Lie#: 153418 MASCO 4 Charter Street Danvers,MA 01923-2806 Contractor Tel:(978)777-0629,Fax:(978)774-4694 Scr c`s WORK AGREEMENT TO: ATLANTIC COAST HOMES INCORPORATED RE: 18 WILLIAM ST/Ins.Wion Address: 48 SCHOOL STREET Job Address: 18 W ILLIAM ST SALEM,ESSEX,MA,01970 Sa1cm,MA 01970 Attn: Data: 05/23/2014 Expiration Date:08/21/2014 Tel: (978)4066800 Fax: (978)777-4182 Estimator:Tumoue,Dan Bid Summary Quote# Plan Trade Total 2269977 Version I Of I INSULATION $1,788.00 Prices Good For Work Performed Through:August 21,2014 Bid Date:May 23,2014 Total Bid: $1,788.00 1.173 Jones Boys Insulation Lie q: 153418 o WkSCO 4 Charter Street Danvers,MA 01923-2806 Contractor Tel:(978)777-0629,Fax:(978)774-4694 �` ices WORK AGREEMENT fO: ATLANTICCOAS'i'HONIESINCORPORA'FED RE:I8WILLIAMST/Insulation Address: 48 SCHOOL STREET Jab Address:18 WILLIAM ST SALEM,ESSEX,MA,01970 Salem,MA 01970 Ann: Date:05/23/2014 Expirafioo Date:08/21/2014 Tel:(978)4066800 Fax:(978)777-4182 Estimator:Tumotte,Dan Quote a:2269977 Version I Of I Subject to the terms and conditions stated in this agreement,Company is willing to furnish to Customer all material and labor required for the Scope of Work described below: Scope of Work the"Work" to beperformed: Draft stop,fire block,fire stop(UBC 708.2.1 et seq.,formerly 2516(f),or locally adopted equivalent),and fire rated caulking are not included within Company's Work unless specifically listed below. CELLULOSE NOTICE. If cellulose is to be applied with a wet spray application,you must allow adequate time for it to cure and dry before installing drywall or other materials.The adequate time required varies depending upon climate,altitude and weather. Do not install vapor barriers,vapor retards,dry wall,or other interior finish until the material has dried to less than 20%moisture content. Time to cure will vary based on climate and weather. Be sure to schedule your trades accordingly. lan if: Trade:INSULATION ROOF AREA NOW.5.5"CLOSED CELL FOAM R-38 SPRAY FOAM ROOFLINE 2ND OPEN LEFT UNIT ONLY ___ _ _ ______________________ SOFFIT R-1315' UNFACEDBATT BLOCKING rci OVERHANG Base Price: 1� ,788.00 Additional Information: Spray Foam:$1,788.00 NOTE: This agreement consists of multiple pages. If you do not receive the number of pages noted below,please contact Company directly at the telephone number stated above. TERMS OF PAYMENT:Payment in full due as stated on invoice regardless ofany payment arreogements you have with third panics. ACCEPTANCE:Company may change and/or withdraw this agreement if Company does not receive your signed acceptance on or before the Expiration Date stated above. PRICING: The pries stated in this Agreement will main firm for 90 daysaaenhe Dmesmted above.117permereciaof@is agreement extends beyond this 90 day period,you agree to pay Company's then current pricing("Price")for any Work performed after that 90 day period-The Prices..abased Duly on the terms vvd conditiow expressly nviN in this agreement and include any end all y obligation by Company m pan schedules m'exhibits aOd-par y as an The Pnal insured exclude any and all terms and conditions not expresslygracd herein,including,without limitation,any obligation by Company to name you or any Ila rSpanyce an gram;to i idm indemnify on o its insurance end...... enpoliry;hi provide pu project aggregate claws for the Work;to parlline w in any owner except to the wrap.or similar insurance program;m indemnify or defend you or any ons required from any claims, actions seiner addition t ofmy r inconsistent twthm what Dever ly,htel the limited extent with in i Section 18 of additional c agreement.Any termsce conditions required by you by contract or otherwise in Company's then current pricing(unless expressly stated in thisagreementwg)I ndto assisarenM1argcs.nicer higher Prices Any additional work performed is subject m Company's rM1ev current pricing(unless Company otherwise agrees m writing)and to this agreement. CUSTOMER: COMPANY: By: By: SIGNATURE TITLE SIGNATURE TITLE Company Name Date: THE INFORMATION CONTAINED IN THIS AGREEMENT IS CONFIDENTIAL. NEITHER THIS AGREEMENT NOR ITS TERMS MAY BE DISCLOSED TO THIRD PARTIES. 2 of3 1. ACCEPTANCE. This agreement is expressly limited to and made conditional upon your acceptance ofits terms and conditions. Any ofyour terns and ' conditions which are in addition to or different from thorn contained herein which are not separately agreed to in writing(except additional provisions specifying quantity,description ofthe products or work ordered and shipping instructions)arc deemed material and are hereby objected to and rejetted You waive your objection to any terms and conditions contained herein if Company does not receive written notice ofyour objection within ten business days ofthe date of this agreement. You will in any event be deemed to have assented to all terms and conditions contained herein many pan of the products or work described herein are provided or perforated.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 TCompany could not limit its liability as herein provided, it that you accept these provisions in exchange for such lower priors. 2. LIMITED WARRANTY. All work performed by Company 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. Company makes no warranties regarding products sold but assigns to you any manufacturer wormnties rating to the products. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,WHETHER EXPRESSED, IMPLIED OR STATUTORY,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited wvranty dues not cover damages relating to(a)accident,misuse,abuse,neglect,or normal wear and team Hn failure to use or maintain the product in accordance with manufacturces instructions;and(c)alteration,repair or attempted repair by anyone other than Company or its authorized representative, You shall be solely responsible for the corectuess of the plans and specifications and shall release and hold hornless Company from any damages resulting from improper, inadequate or vague information supplied by you. Company does not take on any obligation to inspect or evaluate the work of other parties in any manner or aspect. Phis naturally is not transferable. 3. INSURANCE. Company shall maintain workers cmillonsatrun(employer liability),as w,aired by law,and S1,000,000 in general liability insurance while performing the work. Company reserves the right to be self insured to the extent allowed by applicable law.Company does not agree to name any other persons or entities as additional insureds. \ 4.LIMITATION OF REMEDIES. Your sole and exclusive remedy against Company for any and all claims for damages arising out of or alleged to have arson out the Work will he limited to the repair or replacement by Company,at Company's option,of any nonconforming work or to the issuance of a credit for such rainconforrininig work in accordance with these torts and conditions provided Company is given a reasonable opportunity to inspect the work and confirms such nonconformity. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Company is willing and able or repair or replace the conforming work and,in any event,Company's maximum liability for any damages shall be limited to the total amount paid to Company for the Work under this agreement.This Limitation of Remedies olvuse shall apply to the parties to this agreement as well as to the commit owners)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 Company of the claim and provide Company an opportunity to impact the alleged damages within 30 days after Company's receipt of the notice.If you fail to give the required notice and/or fail to allow Company an opportunity to inspect the allege damages within 30 days,you hereby waive any and all rights for damages and/or correction ofwoda against Company. This Limitations of Remedies maybe plead as a complete bar to any action in violation of this clnow. S. LIMITATIONS ON ACTIONS AND LIABILITY. All claims and/or lawsuits including but not limited to claims or lawsuits for indemnity and/or contribution against Company arising under this agreement most be made within 13 months from the data of completion of the installation. COMPANY 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. COMPANY 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. TIFF MAXIMUM LIABILITY,IF ANY,OF COMPANY FOR ALL DAMAGES,INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES 1'0 PERSONS OR PROPERTY,WHETHER ARISING FROM COMPANY'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 COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR SPECIAL DAMAGES,INCLUDING WITHOUT LIMITATION,LOST REVENUES AND PROFIT'S,ATTORNEYS FEES AND/OR COSTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT"1'0 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 Company. le addition to the prices specified,you agree to pay any federal,slot¢or local excuse,use,occupational,or similar tax now in Come or to be enacted in the future,assessed against Company or you by reason of this transaction.No retention is permitted unless Company agrees otherwise in writing. Any past due payment will be,at Company's option,subject to interest at I.5%per month(18%per annum)m tho extent permitted by law. You agree to receive(or permit Company to receive) near the work silt, any materials needed m complete tle Work. You vgrce m pmloet such mmerial5 from damage car loss and provide Company,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 Company receives payment in fall. Company may charge you a fee and its actual expenses if thejob site is not ready for work on the dote you specify. 7. FORCE MAJEURE. Companyshall not be liable for any delay,fortune,,or default in performance ofthis agreement or otherwise,in whole or in pan,caused by the occurrence of any contingency beyond the control either of Company or ofsuppliers to the Company. 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 Company covering the protract proton of the building. Tony contingency occurs,Company 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 Company's premises or you otherwise receive any proprietary or confidential information from Company,you shall retain such information as confidential and not use or disclose it to any third party without Company's written consent. 9. CREDIT APPROVAL. Shipment and delivery of goads and performance of work shall at all times be subject to the approval of Company's credit depaomem and Company may at any time decline to make any shipment or delivery or perform any work execpt upon receipt of payment or upon terms and conditions or security satisfactory to Company. By signing this agreement,you arbine,Company to cheek your credit and references" 10. CANCELLATION. This agreement,or any pan of it,may only be cancelled with Company's written approval. In the event of cancellation of this agreement,or any pan hereof,you shall pay (a)the contact price of all completed items;do that partion of the contract price that is equal to the degree of completion of products or work in process,effective on the date Company rem notice of cancellation;(a)the cost of any materials and supplies which Company shall have purchased to pert..,and which cannot be readily resold or used forother or similar purposes;(d)a restocking fee;and(a)any expenses incurred by Company (including legal fees andjudgments)as a result of the cancellation of airou tmets or products related to this agreement- (I. DEFAULT. You may terminate this agreement for Company's defaall,wholly or in part,by giving Company written notice of mrminaion as follows. You may give a written notice of lamination only if Companv has received a written notice from you specifying such default,the default is not excusable under any provision hereof,and the defaull has not been remedied within thiny(30)days(or such longer period as maybe reasonable under the eimumstaneos)after Company's receipt of the notice of default. Delivery of manconfoming products or work by Company shall give you the rights set forth in paragraph 4 hereof but shall net be deemed a default for purposes of termination. In the event of temimation for default,you shall be relieved of the obligation to pay for work not performed by Company prior to the effective date ofsuch termination. A default oa Company's pan shall art subject Company to liability,through payment by Company,set offer otherwise,for any other damages,whether direct,consequential or incidental,and whether sought under theories of contract or ton. 12. ASSIGNMENT. You may not assign this agreement or any claim against Company 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 Company's address first listed on the front of this agreement. 14. DISPUTES AND MANDATORY MEDIATION. to the event that a dispute allses over the reasonableness of or enticement to fees charged by Company,the prevailing party will be entitled to reasonable attorneys fees and costs. In all other disputes of any nature,each patty shall pay its own fees and costs. Except as required to protect confidential information and to obtain preliminary injunctive relief to prevent metastable hams,you and the Company agree that prior to the initiation of any legal action the panics will engage in facilitative mediation of any and all disputes in any way 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 Furs am m 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. htanatling amend water lines in an unconditioned or semi-conditioned area will not prevent pipes from 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 net locate the pipes within an internal wall,you hold Company harness and release Company from any claims relating to frozen or brat 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 this agreement shall remain. 17. ENTIRE AGREEMENT. This instrument contains the entire ameement 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 patty against whom enforcement many such waive,change,modification,extension or diwhargei,Vm,ha. The temsand 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 parry's negligent is or omissions.This indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into prior to this agreement.Furthermore,this indemnity clause and the obligations created herein shall control and take priority oven 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. 3of3