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<br />This Construction Agreement (“Agreement”) is made on these terms and conditions, as of the date of the Agreement Execution (“Effective
<br />Date”), by and between the parties listed in the proposal. No waiver, alteration or modification of this Agreement shall be valid, unless made in
<br />writing and signed by Owner and Contractor.
<br />RECITALS
<br />WHEREAS, Owner desires to contract with Contractor for the performance of the Scope of Work set forth in The Proposal attached
<br />hereto;
<br />WHEREAS, Owner and Contractor have agreed to enter into this Agreement to set forth the terms and conditions for Contractor's
<br />services set forth in The Proposal (hereinafter the “Work”).
<br />NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as
<br />follows:
<br />Article 1 - Definitions
<br />As used throughout the Contract Documents, the following terms when capitalized shall have the designated meanings and other terms
<br />used herein but not defined below shall have the meanings ascribed to them throughout this Agreement:
<br />“Agreement Price” means the lump sum amount specified that is payable by Owner to Contractor in consideration for the performance
<br />of the Work. Agreement Price shall also include other compensation expressly agreed by Owner to be paid to Contractor in consideration
<br />of the Work, including but not limited to agreed-upon unit prices.
<br />“Applicable Laws” means all laws, building codes, rules, regulations, or orders of any federal, state, county, local, or other governmental
<br />body, agency or other authority having jurisdiction over the Site, or the performance of the Work at the Site, as may be in effect from
<br />time to time.
<br />“Certificate of Final Completion” means a form or documentation certifying Contractor’s claim of final completion of the Work.
<br />“Change Order” refers to a written document issued by Owner after commencement of the Work at the Site, which modifies the terms
<br />set forth in the Work Order. To be effective, any Change Order must be executed by both Owner and Contractor.
<br />“Completion Date” (or the plural thereof) means the dates specified in the Work Order for Contractor’s achievement of Substantial
<br />Completion and/or Final Completion, subject to any extension thereof by Change Order.
<br />“Contract Documents” refers to, collectively, this Agreement, and any Change Orders issued by Owner during the course of the Work,
<br />and all plans, specifications, and addenda.
<br />“Contract Time” means the amount of time specified to achieve Substantial Completion of the Work.
<br />“Date of Commencement” means the date performance of the Work commences.
<br />“Day” as used in the Contract Documents shall mean calendar day unless otherwise specifically stated.
<br />“Final Completion” means the full completion of the Work as required by the Contract Documents, as evidenced by Owner’s written
<br />acceptance of the completed Work in accordance with the provisions of Section 2.06 of this Agreement.
<br />“Permits” means all permits, waivers, variances, authorizations, or licenses issued by any federal, state, county, local, or other
<br />governmental body, agency, or other authority having jurisdiction over the Site, or the performance of the Work at the Site, as may be in
<br />effect from time to time.
<br />“Preconstruction Fee” shall be the agreed upon fee payable to Contractor for Professional Services performed prior to the establishment
<br />of an Agreement Price.
<br />“Professional Services” means services provided by an architect, engineer, land surveyor, construction manager, scientist, or technical
<br />consultant.
<br />“Site” means the building, office space, business location, or other location where the Work is to be performed or furnished.
<br />“Substantial Completion” means the stage in the progress of the Work when the Work is sufficiently complete so that Owner can utilize
<br />its property for its intended purpose.
<br />“Work” means the complete performance of the scope of Work as specified in either a purchase order or a Work Order and includes all
<br />labor necessary to produce, furnish, and/or install such services, all materials, fabrications, assemblies, and equipment (excluding Owner
<br />supplied equipment) incorporated or to be incorporated in such Work.
<br />Docusign Envelope ID: 25E6F8BF-2DC9-828C-811A-1377E8921918
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