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"Terms and_Condifions: 1: General Terms: All payments shall be made to Home\Vorks Construction. Personal or company checks will be accepted, but will incur a charge of $35.00 for each returned check. Any payments trot made on the agreed upon time frame as outlined in the payment tenor will incur a late charge of 1.5% per month. 2: Hold Harmless: You agree to hold Home Works Construction harmless for any repairs, damages, accidents or litigation caused by vandalism the homeowner, other subcontractors or your employees and their work. 3: Waiver of Jur, Trial/Jurisdiction: The parties hereby ►waive their right to a trial by jury. In the event that litigation is necessary to resolve any disputes under this contract, the parties expressly agree that said suit will be heard in a court of competent jurisdiction in St. Joseph County, Indiana. 4: Default: This contract shall be considered in default in the event that: —You file bankruptcy —Any payment is not made according to the payment terms outlined in this contract --You fail to perform any condition tinder this contract —In HonteWorks good faith and judgment, based on all facts and circumstances, we believe you to be insolvent. 5: Personal Guarantee: I understand that by signing this contract I am giving my personal guarantee that the amounts due and owing to HorneWOrks will be paid. This includes not only the original contract amount as stated above, but also any and all change orders. 6: Change Orders: All change orders have a fee of SI 50.00 that will be added to the cost of the change order. Change Orders can be givers In writing, and/or verbally. Any and all work done in addition to the attached estimate will be charged at a rate of S65 per man hour plus the cost of any and all Inateriai plus 30% and considered a change order unless otherwise specified by written change order/credit mento. HonteWorks recommends that all change orders be done in writing for clarity and cost disclosure but is not required. Any and all change orders will be considered a separate contract and not covered by the amounts to be paid in this contract.Any change order will be governed by the terms and conditions of this contract other than price and completion date. Change orders often happen in construction as a result of the unforeseen issues that arise, site confinements, and customers change in product selection. HomeWorks wants to be as accommodating as possible when it comes to change orders, however understand that change orders cost time and money, as a result of these the project may go over initially expressed budgets, and/or time frame. 7: Attorney Fees: In the event that litigation is necessary to enforce this contract, you agree to pay all costs of collection, including, but not limited to, attorney fees and court costs. 8: Entire Understanding: The undersigned parties hereby agree that they have read the entire contract and that they read and write the English language. Farther, the parties agree that this contract is the entire agreement between the parties (other than changes made by agreed upon and signed cha)tge otclers) and that any prior representation either oral or in writing has not been relied upon in sighing this contract. All such other representations or offers are withdrawn pursuant to this contract. Pg.2 00 Owner(s) Initial /