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<br /> r' NorCal
<br /> FuelWom inc.
<br /> CSLB#1115311
<br /> damage to property on which it performs the Work.Client agrees,however,that some damage may occur to property in the normal
<br /> course of work(absent negligence by NCFW, Inc.)and that the correction of any such damage to property will be undertaken by
<br /> NCFW,Inc.and billed to Client.In the event of negligence by NCFW,Inc.resulting in damage to property.NCFW,Inc.will bear the
<br /> cost of correcting the damage in proportion to its negligence.
<br /> 13. DESIGNS, DRAWINGS AND REPORTS: All designs, drawings computations, specifications, reports, data
<br /> and other documents, information developed or prepared by or on behalf of NCFW, Inc. in performance of the Work
<br /> ("Work Product")are intended only for the purpose of the Work.Alteration of Work Product,including but not limited to any
<br /> alteration of electronic files due to degradation,format translation,file corruption, software or hardware incompatibilities or
<br /> operator error, or its use by Client for any other purpose, shall be at Client's sole risk, and Client shall hold harmless and
<br /> indemnify NCFW, Inc.against all losses,damages,costs and expenses, including attorneys'fees,arising out of or related
<br /> to any use or alteration of Work Product that is not authorized by NCFW,Inc..
<br /> 14. FORCE MAJEURE: If completion of any portion of the Work is delayed for causes beyond the control of or without
<br /> the fault of NCFW, Inc., including force majeure,the time of performance of the Work will be extended for a period equal to the
<br /> delay. Force majeure includes, without limitation, acts of God; acts of the public enemy; acts of federal, state, local or foreign
<br /> governments;acts of Client's other contractors or agents;fires;floods;earthquakes;epidemics;strikes;riots;freight embargoes;
<br /> and unusually severe weather.
<br /> 15. TERMINATION: This Agreement may be terminated by either party upon seven (7) calendar days' written
<br /> notice if there is a substantial failure of performance by the other party.Termination will not be effective if the substantial
<br /> failure is remedied before expiration of the seven (7)days. Upon termination, Client shall pay NCFW, Inc. for services
<br /> rendered, including any services required to reasonably protect or to render completed Work reasonably safe and to
<br /> provide any documentation of completed Work or Work in progress requested by Client. In addition,all indemnification,
<br /> waiver, attorneys'fees, governing law and venue terms of this Agreement shall survive termination or expiration of this
<br /> Agreement.
<br /> 16. CONTRACT, PLANS, AND SPECIFICATION: The contract, plans and job specifications are intended to
<br /> supplement each other. In case of conflict, however, the plans shall control over the specifications, and the provisions of
<br /> this contract shall control both.
<br /> 17. ASSIGNMENT: Neither party may delegate duties or assign interest in this Agreement without obtaining the
<br /> prior written consent of the other party,which consent will not be unreasonably withheld,except that NCFW, Inc. may use
<br /> the services of persons and entities not in its employ, such as surveyors, specialized consultants, drilling contractors,
<br /> testing laboratories and construction contractors,when it is customary to do so.
<br /> 18. ALLOWANCES: If the contract price includes allowances,and the cost of performing the work covered by the
<br /> allowance is greater or less than the allowance, then the contract price shall be increased or decreased according!
<br /> Unless otherwise requested by owner in writing, contractor shall use his own judgment in accomplishing work covered
<br /> an allowance. If owner requests that work covered by an allowance be accomplished in such a way that the co
<br /> exceed the allowance,Contractor shall comply with Owner's request, provided that owner pays the additional cost.
<br /> 19. NOTICES AND INVOICES: Notices and invoices shall be deemed received at the time of deli
<br /> addressee or forty-eight(48)hours after mailing,whichever is earlier. Notice may also be served by facsimile or
<br /> transmission, which shall be effective upon confirmation to the party sending the notice that the facsimile
<br /> transmission was received by the party to whom the notice was addressed. The parties' addresses ar
<br /> osal.Either party may change the address to which notices,invoices or other service upon it mus
<br /> pursuant to this paragraph.
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