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and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional <br />cost to the Owner. <br />d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor <br />engaged by the Contractor in the performance of any work or services required of the <br />Contractor under this Agreement, shall be considered employees or agents of the <br />Contractor only and not of the Owner, and any and all claims that may or might arise under <br />any workers compensation or other law or contract on behalf of said employees while so <br />engaged shall be the sole obligation and responsibility of the Contractor. <br />e. If activities related to the performance of this Agreement require specific licenses, <br />certifications, or related credentials Contractor represents that it and/or its employees, <br />agents and subcontractors engaged in such activities possess such licenses, certifications, or <br />credentials and that such licenses certifications, or credentials are current, active, and not in <br />a state of suspension or revocation. <br />f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, <br />equipment, forms, and other items owned, rented or used by the Contractor and/or <br />Subcontractor(s) in the performance of the Work including all of Owner’s property in <br />Contractor’s care, custody, or control, and all such property while it is in transit. <br />g. The Contractor is solely responsible for obtaining all permits necessary to complete the <br />Work in compliance with all local, state, and federal laws. <br />5. PAYMENT & TAXES <br />a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this <br />Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- <br />exceed One Hundred Twenty Nine Thousand Five Hundred Seventy Eight Dollars <br />($129,578), plus applicable sales tax. <br />b. Should Owner reasonably determine that Contractor has failed to perform the Work, Owner, <br />at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may <br />withhold the accompanying payment without penalty until such time as Contractor cures <br />the breach. <br />i. Should Contractor or its representatives fail to cure the breach within ten (10) days, <br />or fail to reasonably agree to such modified schedule, Owner may immediately <br />terminate this Agreement in writing, without penalty or incurring further obligation <br />to Contractor. <br />ii. This section shall not be interpreted to limit the definition of breach to the failure to <br />perform the Work related to a Request for Payment. <br />c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br />authority on the Work or the labor and materials used therein. It shall be the Contractor's <br />responsibility to furnish the Owner documentary evidence showing the materials used and <br />sales and use tax paid by the Contractor and each of its subcontractors. <br />d. Contractor’s acceptance of the payment terms is conditioned on the understanding that: <br />e. Sixty percent (60%) of the contract price shall be paid upon issuance of PO/Contract. <br />Material cannot be ordered until down payment has been received. Seventy Percent (70%) <br />of remaining balance shall be paid upon delivery of material. One Hundred Percent (100%) <br />of remaining balance shall be paid upon completion of the work and within 30 days of <br />completion. <br />Revised 12/18 3 <br />DocuSign Envelope ID: 47D12065-7220-4277-A47F-FC1DAC0CA54F