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DELAYS: Advanced shall not be liable in any respect for any delays caused by strikes, labor disputes, material shortages, court injunctions, actions by the Owner or by third
<br />parties, Acts of God, or other conditions outside of its control. In the event Advanced must demobilize and/or remobilize as a result of any action for which the Owner is responsible,
<br />due to weather, or due to other conditions, or other events for which Advanced is not responsible, Owner shall pay Advanced $5,000 or Advanced's actual cost, whichever is
<br />greater, for each demobilization and remobilization, in addition to any associated costs, including the cost of crane tear down and setup. If it is necessary to perform additional work
<br />in order to protect the property from adverse weather, or to repair work damaged by adverse weather, Advanced will be entitled to a change order for reimbursement for same.
<br />MATERIAL PRICE CHANGES: Due to extreme volatility in material prices, if, subsequent to the execution of the contract, there is an increase in the price of materials necessary
<br />for the completion of the Work, the Contract Price shall be equitably adjusted to reflect the additional cost. The equitable adjustment is applicable to all material price increases
<br />including, but not limited to, steel, steel -related products, aluminum, coper, roofing material and solar material and equipment. Advanced will provide written documentation
<br />reflecting the increased charges. A fuel surcharge may be added if the price of fuel increases by more than 5% between the time the contract is signed and commencement.
<br />BREACH: In the event Owner terminates or breaches this contract, or if a condition attributable to Owner or Owner's property arises that prevents Advanced from fulfilling the
<br />contract, Advanced shall be entitled to be paid that percentage of the contract price as the percentage of work performed; plus, for work not performed, all expenses incurred in
<br />preparing to perform same, mobilization expenses and profit which would have been realized had the work been completed. If the contract is canceled as a result of strike, labor
<br />dispute or conditions not the fault of or attributable to either party hereto, Advanced shall be entitled to recover from Owner that percentage of the contract price as the percentage
<br />of work performed; plus for work not performed, all expenses incurred in preparing to perform same, mobilization expenses or other expenses incurred related to the project but not
<br />profit for work not performed
<br />DISPUTES: The prevailing party in any litigation, arbitration or mediation arising out of or relating to this contract shall be entitled to recover its reasonable attorneys' fees and costs
<br />from the non -prevailing party, at both the trial level and on appeal. Broward County, Florida, shall be the sale and exclusive venue for any litigation arising from or relating to this
<br />contract. Owner hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida for any lawsuit filed arising from
<br />or related to this contract and waives any argument that any such court lacks jurisdiction or that venue in such forum is not convenient. In the event Owner commences any action
<br />arising under this contract in another jurisdiction or venue, Advanced shall, at its sole option, be entitled to have the case transferred to one of the jurisdictions and venues above
<br />stated, or if such transfer cannot be accomplished under applicable law, Owner consents to have such case dismissed without prejudice. THE PARTIES TO THIS CONTRACT
<br />EXPRESSLY WANE THEIR RIGHT TO A TRIAL BY JURY IN AND FOR ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THIS CONTRACT.
<br />NO ORAL PROMISES: There are no promises, representations or understandings outside of this instrument which instrument represents the complete agreement between the
<br />parties. No modification of this contract shall be valid unless in writing, signed by the party against whom the change is asserted. Any notification required by this contract shall be
<br />made in writing.
<br />LIMITATION OF LIABILITY: Advanced Roofing is not liable for any claim for injury or damages, whether based upon a contractual, statutory or tort theory, which result from: (a)
<br />natural disasters including but not limited to lightning, earth movement, windstorm, hail, hurricane, tornado, wind gale force or greater; (b) misuse, neglect, or unauthorized
<br />alterations of the roofing/solar system or as a result of or connected with materials supplied or installed by others; (c) exposure to damaging substances such as oil, solvents etc.;
<br />(d) failure of the substrate, surface or materials upon which the solar system is affixed; (e) improper drainage; (f) lack of recommended maintenance; (g) any claim related in any
<br />way to damage or injuries from mold, spores, fungus, any organic pathogen or exposure to toxic or noxious substances fumes or vapors or (h) failure of any manufacturer
<br />warranted products i.e. modules, inverters, racking, etc. Warranties are only a pass thru of manufacturer coverage and additional shipping, removal, and installation charges may
<br />be incurred. Advanced Roofing shall have no obligation under this Contract until all bills for installation, service, and materials have been paid for in full. The Owner will, at its
<br />expense, initiate an ongoing maintenance program to include keeping all modules cleaned, inverter air filters cleaned/replaced, terminations inspected and properly torqued,
<br />electrical circuits inspected and thermal photographed, structural components inspected, and roof areas cleaned, roofing sealants replaced. If this solar system is covered under a
<br />manufacturer's Warranty, Advanced is not liable for the provisions thereof. The warranty and liability of Advanced Roofing shall only accrue to and be for the benefit of the original
<br />Owner named herein, and is NOT assignable or transferable without prior written approval and inspection by Advanced Roofing.
<br />TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED ROOFING, INC. DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF
<br />MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR LIMITS SUCH WARRANTY TO THE DURATION AND TO THE EXTENT OF
<br />THE EXPRESS WARRANTY REPRESENTED BY THIS WARRANTY.
<br />Advanced's exclusive responsibility and liability under this contract and its warranty is to return the solar system to a functioning state. Owner acknowledges that failures in the solar
<br />system can be caused by sources unrelated to the labor, material, and services provided under this contract, and in no event shall Advanced be liable or responsible for damage or
<br />disruptions to the solar system caused by those other sources. Advanced shall not be liable for its own negligence, or under theories of statutory or strict liability or any other theory
<br />of liability other than the exclusive liability set forth in this warranty which Owner agrees is its sole remedy notwithstanding the type or category of damages claimed. Owner
<br />expressly waives all claims for consequential damages, including without limitation, loss of use, lost profits, lost rents, or any other inconvenience or expense incurred by Owner.
<br />Any change to the provisions of this section must be in writing and signed by a corporate officer of Advanced.
<br />ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES
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