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<br />2315 South Bascom Ave, 200 Campbell, CA 95008
<br />408.377.3099 f 408.377.2189 B-796683
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<br />materials furnished by the Owner for installation. No warranty is provided on any
<br />existing materials that are moved and/or reinstalled by the Contractor within the
<br />dwelling. Contractor is not responsible for repairing any damage or defect caused by
<br />any act or omission of Owner, Owner’s employees, agents, representatives, or other
<br />contractors, such as, but not limited to, Owner’s failure to maintain the Work. It is
<br />further understood any mechanical equipment including but not limited to heating,
<br />ventilation, air conditioning, appliances, elevator, and escalator equipment shall be
<br />warranted direct by manufacturer in which Contractor is not responsible for.
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<br />One year after substantial completion of the Work, the Owner’s sole remedy (for
<br />materials and labor) on all materials that are covered by a manufacturer’s warranty is
<br />strictly with the manufacturer or subcontractor, not with the Contractor. Contractor
<br />will not be responsible or liable for any incidental, consequential or secondary damages
<br />or losses of any kind which may arise from, or out of, any defects covered by this
<br />warranty, including personal injury, damages to personal property, loss of use, or
<br />inconvenience.
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<br />J. Indemnification. With the exception that this subparagraph shall in no event be construed to require
<br />indemnification by Contractor to a greater extent than is permitted under the public policy of the State of
<br />California, Owner agrees to indemnify, defend and hold Contractor harmless from and against any and all
<br />claims, damages, loss or expense, including, but not limited to attorneys’ fees, arising out of or resulting from
<br />performance of the Work, provided that such claim, damage, loss or expense is attributable to workmanship,
<br />bodily injury, sickness, disease or death, or to damage to or destruction of personal or tangible property other
<br />than the Work itself, but only to the extent caused by the negligent acts or omissions of Contractor or anyone
<br />for whose negligence Owner is liable.
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<br />K. Design Responsibilities. Contractor is not an architect, engineer, or designer for your Project. Contractor
<br />is not being hired to perform any of these services. Contractor’s design and engineering suggestions are
<br />merely options for contractor’s product offering and that the Owner may want to review with the appropriate
<br />design professional. Contractor’s suggestions are not a substitute for professional engineering, architectural,
<br />or design services, and are not to be relied on as such by Owner for governmental approval. If Owner
<br />requests that Contractor meet with Owner and/or architect or other design professionals to review the
<br />construction plans and specifications prior to completion of the final design documents, Contractor will
<br />perform this work on Time and Materials basis or by contract. Owner agrees to promptly furnish to
<br />Contractor all details and decisions about unspecified construction finishes and to consent to or deny changes
<br />in the Scope of Work that may arise so as not do delay the progress of the Work. Any and all engineering or
<br />design services contractor supplies are for the contractor’s sole use alone and product offering. Additional
<br />design and engineering services may be required for governmental approval.
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<br />L. Subcontracts. The Contractor may subcontract portions of this work to properly licensed and
<br />qualified subcontractors and consultants.
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<br />M . Covenant Not to Solicit Subcontractors. Owner agrees that he will not directly or indirectly
<br />solicit, employ or contract with, nor will any of Owner’s agents, employees or representatives solicit, employ
<br />or contract with, any of Contractor’s employees, subcontractors and/or their employees, agents or
<br />representatives, to perform work on the Project for a period of five (5) years from the date of this Contract.
<br />Owner agrees to pay Contractor a fee equal to thirty percent (30%) of all monies paid by Owner to any such
<br />subcontractor, employee, agent or representative, resulting from Owner’s direct or indirect solicitation for any
<br />work related to the Project. Contractor’s General Liability Insurance does not cover other contractors,
<br />subcontractors, or individuals retained directly by Owner to perform work on the Project. Should Owner
<br />DocuSign Envelope ID: 7F7BA4FE-A377-4495-B797-3B8499FD1E12
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