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Attachment "A"
<br /> General Conditions
<br /> 1. Warranty:
<br /> a. Roof replacement warranties shall be as stated in the "Scope of Work"; otherwise,JRC, Inc, hereafter,JRC,
<br /> warrants to the Client that the work described herein will be free from defects in material and workmanship. If
<br /> within one (1)year from the date of Substantial Completion of JRC's work, or as otherwise mutually agreed upon
<br /> in writing between JRC and Client,JRC receives from the Client prompt written notice that the material and
<br /> workmanship does not meet such warranties,JRC will cure,within a reasonable amount of time, weather-
<br /> permitting, each such defect. THERE ARE NO OTHER REMEDIES, LIABILITIES (INCLUDING NEGLIGENCE) OR
<br /> WARRANTIES, EXPRESS OR IMPLIED, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY
<br /> WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THE MATERIAL
<br /> AND/OR SERVICES. JRC's sole responsibility and Client's exclusive remedy is limited to repair or replacement as
<br /> above provided.
<br /> 2. Liability:
<br /> a. JRC shall not be liable to any party for claims of any kind related to asbestos, lead paint, EIFS, mold, or any other
<br /> hazardous materials. This proposal does not include testing, removal, or disposal of asbestos or any other
<br /> hazardous materials or mold.
<br /> b. JRC shall not be responsible for failure of the Work due to structural defects, damage from other building trades,
<br /> or for failures due to errors in the design of any building element.
<br /> c. Liability or consequential damages associated with water leakage shall be the responsibility of the Client.
<br /> d. Client shall be responsible for any and all property damage and/or bodily injuries (including but not limited to
<br /> injuries to JRC's employees)that result from damage to interior and/or exterior underground/overhead/surface
<br /> e. mounted/embedded utilities or structures unless caused by JRC's sole negligence.
<br /> f. JRC's responsibility for any claims, damages, losses or liabilities arising out its performance of this work, including
<br /> but not limited to any correction of defects under the Warranty, shall not exceed the cost of the work. In no
<br /> event shall JRC be liable for any special, indirect, incidental, consequential, or punitive damages of any character,
<br /> including but not limited to damages claimed for loss of use of productive facilities or equipment, lost profits,
<br /> governmental fines or penalties, lost production, or non-operation or increased expense of operation.
<br /> 3. Indemnification:
<br /> a. To the fullest extent permitted by law,JRC shall indemnify and hold harmless the Client from and against claims,
<br /> damages, losses and expenses, including but not limited to attorney's fees, arising out of the performance of the
<br /> Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or
<br /> death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent
<br /> caused by negligent acts or omissions of JRC, a JRC subcontractor, anyone directly employed by them or anyone
<br /> for whose acts they may be liable.
<br /> 4. Dispute Resolution & Governing Law:
<br /> a. All claims, disputes, and other matters and questions arising out of, or relating to this Contract or any breach
<br /> which cannot be resolved through negotiation, may be submitted to mediation before the American Arbitration
<br /> Association. If the dispute is not resolved through mediation, the parties may elect to proceed to binding
<br /> arbitration before the American Arbitration Association in accordance with the Construction Industry Arbitration
<br /> Rules then in effect. The prevailing party shall be entitled to recover all costs and reasonable attorney's fees
<br /> incurred (whether pre-litigation, at mediation, arbitration or trial level and in any appeals.)
<br /> b. This contract shall be governed by the laws of the state where the project is located.
<br /> 5. Finish/Color Approval:
<br /> a. The client's representative will be responsible for approval of the finish and color. An exact match of the existing
<br /> finish and color should not be anticipated because of aging and fading.
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