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

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BELFOR PROPERTY RESMIZATIOT4 (BELFOR USA GROUP, INC.) deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice will be deemed delivered when received. All notices should be addressed as follows: For the Owner: For the Contractor: Attention: General Counsel BELFOR USA Group, Inc. 185 Oakland Ave., Ste 150 Birmingham, MI 48009 The foregoing addresses may be changed from time to time by notice to the other party in the manner set forth above. SECTION 15. MISCELLANEOUS 15.1 Independent Parties. The Contractor is an independent contractor and not an employee of the Owner. Nothing in this Contract shall be interpreted as creating any joint venture, partnership, joint tenancy, agency or other similar legal relationship between Owner and Contractor, or as creating any contractual obligation, whether direct, indirect or third party beneficiary, on the part of Owner to any Subcontractor. 15.2 Force Ma icure. Any delay or failure by either party in the performance of its obligations shall not constitute a default or give rise to any claim for damages if, and only to the extent and for such period of time that; (i) such delay or failure is caused by an event or Occurrence beyond the control and without the fault or negligence of such party or any subcontractor, supplier, or other party acting under or through Such party; and (ii) said party is unable to prevent such delay or failure through the exercise of reasonable diligence. Events that shall be deerned to be beyond the control of the parties hereto shall include, but not be limited to: acts of nature or the public enemy; expropriation or confiscation of facilities by governmental or military authorities; changes in laws; war, acts ofterrorism, rebellion, sabotage or riots; floods, unusually Severe weather that could not reasonably have been anticipated; fires, explosions, or other catastrophes; or, other similar Occurrences. 15.3 No Waiver. Failure of either Party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision. 15.4 Severability. If any provision hereof is deemed to be invalid or unenforceable Linder applicable law, this Agreement shall be considered divisible as to SLICII provision and such provision shall thereafter be inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding. 15.5 Governing Law. This Agreement will be interpreted and enforced Linder the law where the Work was performed without regard to laws of any other jurisdiction. 15.6 Entire Agreement, This Agreement constitutes the entire agreement between the parties with respect to the work and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent that they are expressly incorporated herein. All exhibits and attachments hereto are incorporated into and made a pail of this Agreement. Unless otherwise expressly provided herein, no changes, alterations or modifications to this Agreement shall be effective unless in writing and signed by the respective pat -ties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written, the corporate parties by their officers duly authorized, V.1 V18 Page 8 of 9