Emergency Services Agreement - Belfor USA Group Inc - Installation of Hanging Nets around Damaged Plaster at MPAC

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BELFOR 40) PROPERTY RESTORATION (BELFOR USA GROUP, INC,) SECTION 10. TERMINATION Termination for Convenience. Either party may terminate this Agreement, at any time, and for any or no reason whatsoever, by giving the other party not less than thirty (30) days advance written notice of same, which notice shall specify the effective date of early termination. Contractor shall receive compensation for all the Work performed through the effective date of early termination. Termination for Cause. Contractor may terminate this Agreement or suspend performance of the Services if Owner fails to pay Conti -actor any undisputed amounts when due and Owner fails to cure such failure within ten (10) days after receipt of written notice from Contractor. SECTION It. ASSIGNMENT AND SUBCONTRACTING 11.1 Assignment. The parties shall not assign or transfer this Agreernent or any of their obligations arising hereunder to any third party without the written consent of the other party. Any assignment or transfer without said consent shall be null and void. 11.2 Subcontracts. Contractor may utilize any subcontractor in connection with providing the Work upon giving notice to the Owner. Utilization by Contractor of, or Owner's approval of, any subcontractor shall in no way relieve Contractor of any of its obligations or liabilities under this Agreement. SECTION 12. CHANGE IN THE WORK If the parties hereto agree to a stipulated sum for the Contract Sum, then by appropriate Change Order ("Change Order"), changes in the Work may be accomplished after execution of the Contract, The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor. Adjustments in the Contract Sum and Conti -act Time resulting from a change in the Work shall be determined by mutual agreement of the parties, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. SECTION 13. RFAXASES Owner releases Contractor from: (a) work limitations or policy defenses imposed by Owner's insurer and for work not performed due to the refusal of Owner's insurance company to pay for it. (b) claims caused by any environmental consultant for re -growth after "clearance" is obtained from an environmental consultant or due to un-remediated pre-existing conditions. (c) performing mold remediation not specifically described and included in an approved scope of work. (d) damage to Owner's personal property. Owner is responsible for removing and declaring, in writing, Owner's personal property before Contractor begins any work at the Property. Owner waives any content damage or theft clairns against Contractor for any property not removed by Owner. SECTION 14. NOTICE Any information or notices required to be given tinder this Agreement must be in writing and delivered either by: (i) certified mail, return receipt requested, in which case notice will be deemed delivered three (3) business days after deposit, postage prepaid; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice will be V 13/18 Page 7 of 9