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Page 4 of 6 <br />        Terms and Conditions of Sal e <br />Thes e Terms and Conditions of Sal e are made a part of and incorporated by referenc e into the <br />agreement for construction servi ces entered into by and between the Owner and Contrac tor <br />identified at the close of this doc ument (the parties’ agreement is hereinafter “the Agreement”). <br />1.      Work.  Contractor shall furni sh, deliver, and pay for all labor, equipment, servi ces and <br />materi al s necessary to perform the work reasonably descri bed and depicted in Contractor’s <br />written quotati on for services presented to Owner (“the Quote”) whi ch i s herei nafter referred to <br />as “the Work”. <br />2.      Amount.  For the performance and completi on of the Work, Owner agrees to pay <br />Contractor the amount stated in the Quote (“Contract Amount”) as fol lows:  One-half (unless <br />expressed inc rese or decrease due to materi al costs, labor needs, clearance sales ect.) of <br />Contract Amount payable upon exec ution and balance due upon completion.  Interest is payabl e <br />on unpaid amounts accruing at the rate of 2.5% per month (30% per annum). <br />3.      Changed or Additi onal Work.  Owner agrees to pay Contractor all costs associated with any <br />additional or changed work, whether expressly ordered by Owner or c onstructively required by <br />work site conditi ons or Owner’s fail ure to fulfill any obligati ons hereunder, plus 15%.  The <br />Contract Amount assumes Contractor can perform all excavations by hand wi thout ei ther <br />subs urface obstruc ti on or power equipment.  If Contractor encounters subsurface condi tions <br />such as l arge rocks, boulders, foundations or other conditions requiring jackhammers or other <br />extraordinary excavation efforts, the amount payabl e hereunder shall be increased <br />commensurately.  The Contract Amount is further based on materi al prices as of the date of the <br />Agreement.  Material price inc reases of 10% or more fol lowing exec ution of the Agreement s hall <br />be considered a changed condi tion as herein desc ribed.  In the event of additional or changed <br />work, Contractor and Owner will exec ute a written modific ation i ndicati ng the costs res ulti ng <br />from such additi onal or changed work. <br />4.      Owner’s Duties.  Owner shall clear al l personal property and otherwise make the area <br />surrounding the Work accessible by Contractor so that Contractor’s Work i s not impeded in any <br />respect incl udi ng, but not li mited to, providing adequate space for on-s ite storage of materi al s <br />and equi pment.  If required due to the unique c haracteris ti cs of Owner’s property or the Work, <br />Owner shall secure permission for ingres s and egress from adjac ent landowner(s).  Prior to the <br />time that Contractor begi ns its work, Owner shall locate and mark, with flags and/or spray paint, <br />the boundaries and rights of Owner’s property including all appl icable easements.  Prior to the <br />time that Contractor begi ns its work, Owner shall locate and mark, with flags and/or spray paint, <br />all private underground utili ti es or pers onal property including, but not limi ted to, irrigation <br />systems, pri vate extens ions of electric and phone lines, water l ines, i nvisible fencing wi res, <br />and/or anything not otherwise located by public utility services.  Owner’s fai lure to fulfill these <br />obli gati ons can result i n del ay.  Owner shall indemnify and hold Contractor harmless from and <br />against all cl ai ms and damages, including attorney fees, resulting in whole or i n part from <br />inadequate access, any omitted marking or otherwise inc orrect marki ng of utiliti es , and/or any <br />omitted marking or otherwise incorrec t marking of property rights.