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<br />
<br />2315 South Bascom Ave, 200 Campbell, CA 95008
<br />408.377.3099 f 408.377.2189 B-796683
<br />3
<br />Warranty is direct with Building Manufacturer. There are no liquidated or consequential damages as part of
<br />this proposal or attorney fees. In the event steel prices escalate past what is used to derive this contract
<br />estimate an equitable adjustment or surcharge shall be added to this order payable by Owner in advance. All
<br />claims, disputes and matters in question arising out of, or relating to this Contract or the breach thereof,
<br />exceeding the jurisdictional limits of Small Claims Court, shall be submitted to, and settled by applicable
<br />court of law in which venue shall be Santa Clara County. Any reference to arbitration included in any other
<br />document shall be omitted and deleted from this contract. It is further agreed that any dispute shall be
<br />mediated before any lawsuit is filed within 14 days of claim. In the event the parties become involved in
<br />litigation or arbitration with each other arising out of this Agreement or other performance thereof in which
<br />the services of an attorney or other expert are reasonably required, each party will be responsible for the cost
<br />of its participation in such proceeding, including the costs incurred for attorney’s fees, expert fees, court fees,
<br />filing fees, and any other directly applicable charges. Owner hereby waives any claims against Contractor for
<br />consequential damages arising out of or related to Contractor’s performance under this Contract. This waiver
<br />includes claims for damages incurred by the Owner for rental expenses, for losses of use, income, profit,
<br />financing, business and reputation, for any loss of management or employee productivity or of the services of
<br />such persons, punitive damages or damages for emotional distress. AM Star Construction, Inc. may terminate
<br />the Contract if the Work is stopped for a period of ten (10) consecutive days through no act or fault of
<br />Contractor or person performing any portion of the Work under direct or indirect contract with Contractor, for
<br />any material breach of this Contract by Owner, or for any of the following reasons: (a) the issuance of an
<br />order of a court or other public authority having jurisdiction requiring Work to be stopped; (b) an act of
<br />government, such as a declaration of national or state emergency, requiring Work to be stopped; (c) Owner’s
<br />default of any payment obligation under this Contract; (d) Owner’s failure to furnish Contractor promptly,
<br />upon Contractor’s request, reasonable evidence of ability to pay as required by Article IV.E, above; (e)
<br />Owner’s failure or refusal to furnish Contractor with access to the job site and/or product selections or
<br />information necessary for the advancement of Contractor’s work. Upon stopping work on the project, the
<br />Contractor shall give Owner written notice of the nature of Owner’s default and must provide Owner a ten
<br />(10) day period in which to cure this default. If, after ten (10) days from receipt of the Notice of Default,
<br />Owner has failed to cure his default, then Contractor may, without prejudicing any other remedies Contractor
<br />may have, give written notice of termination of the Agreement to Owner and demand payment for the value
<br />of all completed work, supervision, estimating time, and materials ordered through the date of work stoppage
<br />plus 30% overhead and profit, and the loss sustained by Contractor, for Contractor’s Profit and Overhead at
<br />the rate of thirty percent (30%) on the balance of the incomplete work under the Contract. Thereafter,
<br />Contractor shall be relieved from all other contractual duties, including all punch list items and warranty
<br />work. This agreement shall be governed and construed in accordance with the laws of the State of California
<br />and any litigation hereunder shall be brought in the appropriate court of law situated in the city of San Jose,
<br />California located in the County of Santa Clara, California. In case one or more of the provisions of this
<br />Contract or any application thereof shall be invalid, unenforceable, or illegal, the validity, enforceability and
<br />legality of the remaining provisions and any other applications shall not in any way be impaired thereby.
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<br />Terms of Payment: 100% Due at start of Detailing, 100% Due at Release for Fabrication.
<br />No retention on Materials. All other work shall be billed progressively. All invoices are due
<br />upon receipt of invoice plus 18% interest per year plus legal and collection fees.
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<br />Your approval in the space provided below is a binding and formal contract with AM Star
<br />Construction, Inc. for the product order above. No other signatures required. Thank you in
<br />advance for your business, patronage, and friendship.
<br />
<br />Michael Achkar
<br />
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<br />Accepted: ________________________________________________ Date: ___________
<br />DocuSign Envelope ID: 7F7BA4FE-A377-4495-B797-3B8499FD1E12
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