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of the Contractor.  The Contactor has the right to use these construction photographs to promote their <br />business via their website, social media, and other advertising, as applicable. The Contractor will not use the <br />photos for any reason other than business purposes.  With the Owner’s written permission, any written <br />testimonials provided to Contractor by the Owner can be used to promote the Contractor’s business. <br />INSURANCE <br />Company agrees to maintain adequate insurance to comply with any requirements of statute or law.  Owners <br />agree, upon request of Company prior to commencement of the Work, to provide Company with a copy of <br />Owners’ property insurance policy showing coverage for property damage and liability claims. <br />MODIFICATION / WAIVER <br />This Contract shall not be altered, amended, or modified by oral representation made before or after the <br />execution of this Contract.  Any modifications to this Contract must be in writing and duly executed by all <br />Parties.  Any waiver of any requirement of this Contract must be in writing, and shall be limited to the <br />circumstance or event specifically referenced in the written waiver document and shall not be deemed a <br />waiver of any other term of this Contract. <br />INDEMNIFICATION <br />Owners agree to indemnify and hold harmless Company from any physical damage to property or injury to <br />persons, including death, to the extent resulting directly from negligence of Owners or their agents under or <br />arising out of this Contract.  In the event any such damage or injury is caused by the joint or concurrent <br />negligence of Company and Owners, the loss shall be borne by each party in proportion to its negligence. <br />BINDING EFFECT / ASSIGNMENT <br />This Contract shall be binding on and shall inure to the benefit of the Parties and their respective heirs, <br />executors, administrators, agents, representatives, successors, and assignees.  Any individuals whose <br />signatures are affixed to this Contract in a representative capacity represent and warrant that they are <br />authorized to execute the Contract on behalf of and to bind the entity on whose behalf the signature is <br />affixed. <br />Owners shall not assign any duties, rights or obligations hereunder without the prior written consent of the <br />Company, which consent shall not be unreasonably withheld. <br />Company shall have the right to assign any part of the work to any subsidiary or affiliated company, and the <br />Owners agree to execute any documents reasonably required to affect the transfer to such company of all <br />rights and obligations associated with such portion of work. <br />ENTIRE AGREEMENT <br />This Contract, along with the Bid / Estimate, represents a single, integrated, written contract expressing the <br />entire understanding and agreement between the Parties concerning the subject matter hereof and <br />supersedes any prior agreements, whether written or oral, relating thereto. <br />SEVERABILITY <br />9/12/24, 9:13 PM Proposal Print <br />https://buildertrend.net/app/LeadProposal/Print/10081477 5/12Page 73 of 139