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11A-066 (4) 59 FRONT ST BP-2016-1301 GIS#: COMMONWEALTH OF MASSACHUSETTS Map:Block: I IA-066 CITY OF NORTHAMPTON Lot: -001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: INSULATION BUILDING PERMIT Permit# BP-2016-1301 Project# JS-2016-002243 Est. Cost: $3600.00 Fee: $65.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: AMERICAN INSTALLATIONS LLC 106178 Lot Size(sa. ft.): 17598.24 Owner: DEAN SUZANNE M C/O SUZANNE&EDWARD DEAN Zoning. URA(100)/ Applicant. AMERICAN INSTALLATIONS LLC AT. 59 FRONT ST Applicant Address: Phone: Insurance: 130 COLLEGE ST (413) 552-0200 WC SOUTH HADLEYMA01075 ISSUED ON.•5/10/2016 0:00:00 TO PERFORM THE FOLLOWING WORK.INSTALL ATTIC/BASEMENT INSULATION POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy Signature: FeeType: Date Paid: Amount: Building 5/10/2016 0:00:00 $65.00 212 Main Street,Phone(413)587-1240,Fax: (413)587-1272 Louis Hasbrouck—Building Commissioner File#BP-2016-1301 APPLICANT/CONTACT PERSON AMERICAN INSTALLATIONS LLC ADDRESS/PHONE 130 COLLEGE ST SOUTH HADLEY01075 (413)552-0200 PROPERTY LOCATION 59 FRONT ST MAP I IA PARCEL 066 001 ZONE URA(100) THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid Typeof Construction: INSTALL ATTIC/BASEMENT INSULATION New Construction Non Structural interior renovations Addition to Existinp- Accessory Structure Building Plans Included: Owner/Statement or License 106178 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON I O ATION PRESENTED: Approved Additional permits required(see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management itio D Sign o B i ding Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning&Development for more information. Depar#tient use'bw Ci of Northampton Status of Permit 2� uii Ing Department Cdrb Cut/Rriveway Permit MAY _ 2 Main Street Sewer/5epbcAvaila6ririy oom 100 Water/We11 Availabriity DEFT. F 13 LVTON`MA Gi orfs pion, MA 01060 Two Bets of Structural Plans`. phone 413-587-1240 Fax 413-587-1272 PIoUSite Plans Other Specify APPLICATION TO CONSTRUCT,ALTER,REPAIR,RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING SECTION 1-SITE INFORMATION 1.1 Property Address• This section to be completed by office 59 Front Street Map Lot Unit. Leeds, MA 01053 Zone Overlay District Elm St District. GB District SECTION 2-PROPERTY OWNERSHIPIAUTHORIZED AGENT 2.1 Owner of Record: Suzanne &Edward Dean 59 Front Street Name(Print) Caput 1252-g,OddCm See attached Telephone 1 b! Signature 2.2 Authorized Agent: American Installations 130 College St., Ste 100 South Hadley, MA 01075 Name(Print) Current Mailing Address: American Installations 413-552-0200 Signature Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only compisled by permit applicant 1. Building 3600.00 (a)Building Permit Fee 2. Electrical (b)Estimated Total Cost of Construction from 6 3. Plumbing Building Permit Fee 4. Mechanical(HVAC) S.Fire Protection 6. Total=0 +2+3+4+5} 3 0.0 Check Number This Section For Official Use Only Date Building Permit Number. IssuIsgu ed: Signature. Building Commissionerlinspector of Buildings Date Section 4. ZONING All information Must Be Completed.Permit Can Be Denied Due To�complete Information Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size Frontage Setbacks Front Side L•= R•= L:= R•= 1 I Rear i I Building Height Bldg.Square Footage �� % �� J Open Space Footage % (Lot area minus bldg&paved (� �— puking!) #of Parking Spaces Fill: ---� -- --------- ------ (volume&Lvcadon) IF ^ i` IF -- --- A. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO O DONT KNOW Q YES 0 IF YES, date issued:1 IF YES: Was the permit recorded at the Registry of Deeds? NO O DONT KNOW O YES 0 IF YES: enter Book Pagel and/or Document#�— B. Does the site contain a brook, body of water or wetlands? NO O DONT KNOW O YES O IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained O Obtained O , Date Issued: C. Do any signs exist on the property? YES O NO O IF YES, describe size, type and location: f D. Are there any proposed changes to or additions of signs intended for the property? YES O NO O IF YES,describe size, type and location: I E. Will the construction activity disturb(clearing,grading,excavation,or filling)over i acre or is it part of a common plan that will disturb over i acre? YES O NO O IF YES,then a Northampton Storm Water Management Permit from the DPW is required. SECTION 5-DESCRIPTION OF PROPOSED WORK(check all applicable) New House [] Addition Replacement Windows Alteratian(s} Roofing ❑ Or Doors Accessory Bldg. ❑ Demolition ❑ New Signs [©] Decks [0 Siding jb] Other[A Brief Description of proposed Work: Attic and basement insulation and air sealing throughout Alteration of existing bedroom Yes No Adding new bedroom Yes No Attached Narrative Renovating unfinished basement Yes No Plans Attached Roll -Sheet 6a if NeW house and or addition,ta existmct°housmq� comulete thefaliovvina: a. Use of building:One Family Two Family Other b. Number of rooms in each family unit: Number of Bathrooms c. Is there a garage attached? d. Proposed Square footage of new construction. Dimensions e. Number of stones? i f. Method of heating? Fireplaces or Woodstoves Number of each g. Energy Conservation Compliance. Malsscheck Energy Compliance form attached? h. Type of construction 1. Is construction within 100 ft.of wetlands? Yes No, Is construction within 100 yr. floodplain Yes No j. Depth of basement or ceflar floor below finished grade k. Will building conform to the Building and Zoning regulations? Yes No. 1. Septic Tank City Sewer Private well City water Supply SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, Suzanne&Edward Dean as Owner o€the subject property hereby authorize American Installations to act on my behalf,in all matters relative to work authorized by this building permit application. Y See attached �1 4�� I I fQJ Signature of Owner Date I, American Installations as Owner/Authorized Agent hereby declare that the statements and Information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under the pains and penalties of perjury. American Installations Print Name American Installations ,. `(r.___— t c, �,', Signature of Owner/Agent Date _�— SECTION 8-CONSTRUCTION SERVICES 8.1 Licensed Construction Supervisor: Not Applicable ❑ Name of License Holder:_Wesley K. Couture 106178 License Number 130 College St., Ste 100 South Hadley, MA 01075 9/29/17 Address Expiration Date JA ��� � 413-552-0200 Tignature Telephone .9.Rerilsiered Horne Improvement Contractors, Not Applicable ❑ Wesley Couture 175982 Company Name Registration Number American Installations _6/27/17 Address Expiration Date 130 College St., Ste 100 South Hadley, MA 01075 Telephone 413-552-0200 SECTION 10-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152,§25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application.Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached Yes....... IN No...... ❑ 11. .-_-Home Ownelr Ezemptiori The current exemption for"homeowners"was extended to include Owner-occupied Dwellings of one(1) or two(2)families and to allow such homeowner to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor.CMR 780, Sixth Edition Section 1083.5.1. Definition of Homeowner:Person(s)who own a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two family dwelling,attached or detached structures accessory to such use and/or farm structures.A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official,on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. As acting Construction Supervisor your presence on the job site will be required from time to time,during and upon completion of the work for which this permit is issued. Also be advised that with reference to Chapter 152(Workers'Compensation) and Chapter 153(Liability of Employers to Employees for injuries not resulting in Death)of the Massachusetts General Laws Annotated,you may be liable for person(s) you hire to perform work for you under this permit. The undersigned"homeowner"certifies and assumes responsibility for compliance with the State Building Code,City of Northampton Ordinances,State and Local Zoning Laws and State of Massachusetts General Laws Annotated. Homeowner Signature City of Northampton _ Massachusetts N= µ DEPARTBENT OF BUILDING INSPECTIONS y; 212 Main Street o Municipal Building Northaupton, MA 01060 syr" �1 Property Address: 59 Front Street Contractor Name: American Installations Address: 130 College Street City, State. South Hadley, MA Phone: 413-552-0200 Property Owner Name: Suzanne &Edward Dean Address: 59 Front Street City, State. Leeds, MA 01053 1, American Installations (contractor)attest and affirm that the building I intend to insulate does not have any open air(knob and tub6)wiring in the spaces to be insulated and that I have provided the property owner with a copy of this affidavit. Contractor signature Date t The Commonwealth ofMassachusett.s Department O findustrial Accidents Office oflnvesdgadons 600 Washington Street Boston,Mass 02I1I www mass.gov/dia ' Workers' Compensation Insurance Affidavit:Builders/Contractors/Blectricialls/Plumbers Applicant Information n Please Print Legibly Name(Budnesdo/re�onhsttodimdividuaq: LTYYI Pr;rik nn =n Sia tl i x�C� LL.l, Address: I �- , Cfty/State/Zip: &U-LL —MA (f S Phoned#: yl3- _ baoo Are u an employer?Check a appropriate bow Type of project(repaired): 1. I am an employer with�,&_ 4.()1 am a general contractor and I 6ANew eonstmetion 2.0employees(full and/or part time). have hired the sub-contractors 7.❑Remodeli 1 am a sole proprietor or partner- listed on the attached sheet. °g ship and have no employees These sub-contractors have 8.17 Demolition working for me in any capacity. employees and have workers' 9.D Bath ' addition [No workers'comp.insurance comp.insurance.$ requhtdI 5.OWe are a corporation and its 10.p Electrical repairs or additions 3.Q I am a homeowner doing all work officers have exercised their 11.p Plumbin m myself[No workers'comp. right of exemption perm MGL 8 paw or additions Insurance required]t c.152,§1(4),and we have no 12.❑Roof repairs employees.[no workers' comp.Insurance required.] 13. Otherl t�`a�1 `Aay applicant that checks boot#1 must also fdt out the section below sbowing their workers'compensation policy bJormation. tHomeowaers who submit this at6davit indkoting they are doing as work and Wen hire outside contractors mast submit a new atndavitiodicaliog such. Mantactors that check this box must attach an additional sheet showing the same of the subcontractors and state whether or not than sudde;bave employees u the sub-autractors bam ea loyag their must oroiMe the&workers'am oulkn number. I am an employer that Is provIdbW workers 0 compensation brsurance for my employeea.Below Is the policy and job site ns r . Insurance nsuranceani Company Narne:_ Policy#or Self-ins.Lia#_ u Rw C Cva"19 Expiration Date: H I I�O Job Site Address: City/Stataft: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration(date). Failure to secure coverage as required under Section 25a of MGL 152 can lead to the imposition of criminal penalties of a fine UP to$1,500.00 and/or one year imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of $250.00 a day against violator.Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for coverage verification. I do herby cert under the pains and penalties of pedary that the Information provided above is true and correct. Sit nature: Date. Prins Name: ! Phone S. a OfficiFal use only Do not write in this area to be completed by city or town ofatal City or Town: Permitilicense#: Issuing Authority(circle one). I.Board of Heath 2. Building Department 3.Cityrt'own Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact person: Phone#• Qwww.AmericanInstaIlations.com ' BB • Licensed&Insured MA CSL#:106178 L MA Registration#175982 American Installations 130 College Street Suite 100,South Hadley,MA 01075• Office:(413)552-0200 Fax:(413)552-0202 • Email:support@Americanlnstallations.com Dean,Suzanne&Edward 3/9/2016 (Last) (First) (Date) 59 Front Street Leeds MA 01053 (Address) (CRy) (S—) (Zip) -413 e0ward.dean @comcast.net (Home) (cel0 (Ema11) 428919 16-0499 Site IDI Dob a) Ouantity Unit Unit Cost Total Air Sealing AIR SEALING 16 1 man hour $ 85.00 $ 1,360.00 Total Air Sealing $ 1,360.00 Total Air Sealing Incentive $ 1,020.00 Additional Air Sealing= $ 340.00 Weatherization FLAT-5"OPEN R-18 1,768 scift $ 1.21 $ 2,139.28 HATCH SEAL&INSULATE 2 each $ 60.00 $ 120.00 Additional Air Sealing 4 Iman hour 1 $ 85.00 $ 340.00 Total Incentivized Weatherization $ 2,599.28 Total Project $ 3,619.28 Total Utility Contribution $ 2,969.46 Total Customer Contribution $ 649.82 WARRANTY:American Installations,LLC will provide the above stated homeowner with a 2 year workmanship warranty. American Installations,LLC hereby proposes to furnish all material and labor to complete the above scope of work in accordance with the above specifications and all local and state building regulations for the Total Contract Value as stated herein. ACCEPTANCE OF PROPOSAL:The above prices,specifications and TOTAL CONTRACT VALUE= $ 649.82 conditions are satisfactory and are hereby accepted.You are authorized to do work as specified.Payment will be 1/3 down prior to Down Payment= $ 216.00 3/9/2016 start of work,and balance due upon Completion. PAID Balance Due Upon Completion= $ 433.82 Slg-- Date Dean,Suzanne&Edward 00-��//,,,� 3/9/2016 Prap-y—,(Print) Property r(Sign) D- Craig A.Dragovich 3/9/2016 Represent—(Prim) Rep entarrve(Sign) Date THIS AGREEMENT IS COMPOSED OF THIS PAGE AND THE REVERSE SIDE OF THIS PAGE AND SHALL BE CONSIDERED THE ENTIRE AGREEMENT BY THE PARTIES INVOLVED,THIS AGREEMENT IS BETWEEN AMERICAN INSTALLATIONS,LLC HEREINAFTER REFERRED TO AS"COMPANY",AND THE CUSTOM ER(S)NAMED ABOVE,HEREINAFTER REFERRED TO AS"CLIENT",AND WILL BE SUBJECT TO ALL APPROPRIATE LAWS,REGULATIONS AND ORDINANCES OF THE STATE OF MASSACHUSETTS OR CONNECTICUT RESPECTIVELY,AS WELL AS ALL LOCAL JURISDICTIONS. 3 THE FOLLOWING TERMS AND CONDITIONS ALSO APPLY 1.THIS AGREEMENT IS SUBJECT TO THE APPROVAL OF A MANAGER OF THE COMPANY FORTH IS AGREEMENT TO BE EFFECTIVE UNDER ANY CONDITION. 2.SHOULD DEFAULT BE MADE IN THE PAYMENT OF THIS AGREEMENT,CHARGES SHALL BE ADDED FROM THE DATE THEREOF AT A RATE OF ONE AND ONE-HALF(1-1/2)PERCENT PER MONTH.(18%PER ANNUM)WITH A MINIMUM CHARGE OF$2.00 PER MONTH,AND IF PLACED IN THE HANDS OF AN ATTORNEY OR COLLECTION AGENCY FOR COLLECTION,ALL ATTORNEYS'FEES,EXPENSES AND COSTS OF COLLECTION SHALL BE PAID BY THE CLIENT. IN ADDITION,CLIENT UNDERSTANDS THAT IN FAILING TO PAY ACCORDING TO THE ABOVE TERMS, COMPANY MAY HAVE THE RIGHT TO A LEIN ON THE PROPERTY. 3.THE COMPANY AGREES THAT WHEN DELAYS BECOME KNOWN TO THE COMPANY,THE COMPANY WILL ADVISE THE CLIENT AS SOON AS REASONABLE. 4.COMPANY AGREES THAT,NOTWITHSTANDING ANY AGREEMENT FOR MATERIALS AND/OR LABOR BETWEEN COMPANY AND THIRD PARTY,COMPANY IS RESPONSIBLE TO CLIENT FOR COMPLETION OF ALL WORK DESCRIBED IN ATIMELY AND WORKMANLIKE MANNER. S.ALL WARRANTIES FOR EQUIPMENT AND PRODUCTS SUPPLIED BY THE COMPANY UNDER THIS AGREEMENT SHALL BE THOSE GIVEN BY THE MANUFACTURERS OF SUCH EQUIPMENT AND PRODUCTS.UNDER SUCH MANUFACTURER'S WARRANTIES,THE CLIENT MAY BE REQUIRED TO REGISTER OR MAIL IN A WARRANTY CARD OR OTHER EVIDENCE OF OWNERSHIP AND USE OF SUCH EQUIPMENT AND/OR PRODUCTS IN ORDER TO ACTIVATE SUCH WARRANTIES. 6.THE QUOTATION ON THE PAGE HEREOF DOES NOT INCLUDE EXPENSES OR CHARGES FOR BOND OR INSURANCE PREMIUMS OR COSTS BEYOND NORMAL INSURANCE COVERAGE,ANY SUCH ADDITIONAL EXPENSES,PREMIUMS OR COST SHALL BE ADDED TO THE TOTAL AGREEMENT AMOUNT, 7.THE COMPANY'S LIABILITY FOR CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AGREEMENT PRICE EXCEPT TO THE EXTENT THOSE DAMAGES ARE PROVEN TO BE SOLEY DUE TO THE COMPANY'S NEGLIGENCE. 8.DURING THE DURATION OF THE WORK,THE CLIENT'S HOMEOWNERS INSURANCE WILL BE RESPONSIBLE FOR ANY AND ALL DAMAGES AS LONG AS THE COMPANY HAS TAKEN THE APPROPRIATE ACTION TO PROTECT AREAS OF WORK. 9.THE COMPANY IS NOT RESPONSIBLE FOR PREEXISTING DEFICIENCIES OR HAZARDOUS MATERIALS THAT MANIFEST THEMSELVES DURING THE CONSTRUCTION PROCESS.E.G.WOOD ROT, MOLD,ASBESTOS,NAIL POPS,DUCTWORK AND CONNECTIONS,PLUMBING AND VENT PIPES,DECKING DEFLECTION,ETC. IF A PRE-EXISTING DEFICIENCY OR HAZARDOUS MATERIAL IS ENCOUNTERED PRIOR TO OR DURING CONSTRUCTION,AND COMPANY IS NOTIFIED IN WRITING,COMPANY WILL TRY TO ASSIST CLIENT WITHIN THE COMPANY'S MEANS AND CAPABILITIES TO CORRECT THE PROBLEM(S)ON A TIME AND MATERIAL BASIS. CLIENT AGREES THAT SUCH CONDITIONS ARE UNAVOIDABLE BY THE COMPANY AND SHALL NOT BE CONSIDERED A VIOLATION OF THE AGREEMENT AND THAT DUE TO THESE CONDITIONS THE DURATION OF THE WORK AND SCHEDULED DATE OF COMPLETION MAY DIFFER FROM THAT AGREED UPON,IF APPLICABLE,UNDER THIS AGREEMENT. 10.REPLACEMENT OF DETERIORATED DECKING,FASCIA BOARDS,ROOF JACKS,VENTILATORS,FLASHING,RAFTERS,JOISTS,INSULATION OR OTHER MATERIALS ARE NOT INCLUDED UNLESS OTHERWISE NOTED HEREIN. 11.THE COMPANY WILL NOT BE RESPONSIBLE FOR THE SCRATCHING OR DENTING OF INTERIOR WALLS AND CEILINGS,FLOORS,TRIM,GUTTERS,DOWNSPOUTS,EXISTING SIDING AND WINDOWS,DOORS,OIL DROPLETS IN DRIVEWAYS,HAIRLINE FRACTURES IN CONCRETE OR BLACKTOP DRIVES AND WALKS,OR DAMAGE TO PLANTS OR SHRUBBERY. IF EXCESSIVE DAMAGE IS CAUSED BY COMPANY,COMPANY WILL REPAIR OR REPLACE DAMAGED AREA ONLY AT COMPANY'S EXPENSE. 12.THE COMPANY UNDER PROVISIONS OF CHAPTER 142A OF THE GENERAL LAWS IS REQUIRED TO APPLY FOR AND OBTAIN ALL CONSTRUCTION-RELATED PERMITS.THE COMPANY SHALL NOT BE DEEMED RESPONSIBLE FOR DELAYS IN THE WORK DESCRIBED IN THIS AGREEMENT CAUSED BY REGULATORY PERMIT GRANTING OR INSPECTIONAL AGENCIES,AUTHORITIES,OR INDIVIDUALS. 13.THIS AGREEMENT,INCLUDING THE PROVISIONS RELATING TO PRICE AND PAYMENT SCHEDULE,CANNOT BE CHANGED OR ALTERED EXCEPT BY A WRITTEN STATEMENT SIGNED BY BOTH THE COMPANY AND THE CLIENT. 14.ANY REPRESENTATIONS,STATEMENTS,OR OTHER COMMUNICATION NOT WRITTEN ON THIS AGREEMENT ARE AGREED TO BE IMMATERIAL AND NOT RELIED ON BY EITHER PARTY,AND DO NOT SURVIVE THE EXECUTION OF THIS AGREEMENT. 15.THIS AGREEMENT CANNOT BE CANCELLED WITHOUT THE MUTUAL WRITTEN CONSENT OF BOTH PARTIES EXCEPT AS OTHERWISE SET FORTH HEREIN. 16.THIS AGREEMENT,AND ANY WARRANTY(S)PROVIDED HEREUNDER SHALL NOT BE ASSIGNED EXCEPT BY OR WITH THE WRITTEN PERMISSION OF THE COMPANY. 17.IF THE CLIENT FAILS TO PERFORM ITS OBLIGATIONS HEREUNDER OR TERMINATES THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY,THE CLIENT SHALL BE LIABLE FOR DAMAGES FOR THE GREATER OF THE COMPANY'S ACTUAL DAMAGES OR 25%OF THE AGREEMENT FOR RESTOCKING FEE. 18,ANY CHANGES TO MATERIALS BY THE CLIENT(BRAND,STYLE,COLOR,ETC.)AFTER SAID MATERIAL HAS BEEN DELIVERED OR IS IN ROUTE TO THE CLIENT COULD RESULT IN A 5%RE- STOCKING FEE BASED ON THE COST OF SAID MATERIALS. 19.THIS AGREEMENT SHALL BE EFFECTIVE ONLY UPON ITS EXECUTION BY ALL PARTIES HERETO,PRIOR TO WHICH TIME IT SHALL BE DEEMED A PROPOSAL.THE COMPANY RESERVES THE RIGHT TO REVOKE THIS PROPOSAL 90 DAYS FROM DATE IT IS EXECUTED BY THE COMPANY IF IT IS NOT EARLIER EXECUTED BY THE CLIENT AND THE REQUIRED DOWN PAYMENT RECEIVED PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD;AFTER 90 DAYS,AND IN THE EVENT COMPANY DOES NOT REVOKE THE PROPOSAL,COMPANY RESERVES THE RIGHT TO REVISE ITS PRICE IN ACCORDANCE WITH ITS COSTS IN EFFECT AT SUCH TIME. 20.IF ANY PROVISION OF THIS AGREEMENT SHOULD BE HELD TO BE INVALID OR UNENFORCABLE,THE VALIDITY AND ENFORCEBILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NOT BE AFFECTED THEREBY. 21.ARBITRATION:IN THE EVENT THE CLIENT AND COMPANY HAVE A DISPUTE REGARDING ANY OF THE TERMS,CONDITIONS,PROVISIONS,OR PERFORMANCE OF THIS AGREEMENT,THE PARTIES AGREE TO PLACE THE MATTER INTO ARBITRATION BEFORE AN INDEPENDENT ARBITRATOR ASSIGNED BY THE AMERICAN ARBITRATION ASSOCIATION TO RESOLVE THEIR DISPUTE. 22.ANY DISCOUNT,PROMOTION,REIMBURSEMENT,OR OTHER PROGRAM THAT IS PART OF A STATE SPONSERED UTILITY PROGRAM(I.E.MASS SAVE®)IS SUBJECT TO THE AVAILABILITY OF QUALIFYING STATE SPONSERED PROGRAM AND WILL BE SUBJECT TO TERMINATION IF THE STATE SPONSERED UTILITY PROGRAM IS DISCOUNTINUED. FURTHERMORE,THE TERMS AND CONDITIONS OF STATE SPONSERED UTILITY PROGRAMS MAY BE ALTERED OR UPDATED PERIODICALLY WITH OR WITHOUT NOTICE. 23.AMERICAN INSTALLATIONS,LLC IS NOT AN AGENT OF ANY UTILITY COMPANY OF OTHER VENDOR WORKING BY,THROUGH,OR UNDER THE MASS SAVE®ENERGY PROGRAM. 24.WESTERN MASSACHUSETTS ELECTRIC COMPANY(THE UTILITY)IS ENTITLED TO 100%OF THE ENERGY BENEFITS ASSOCIATED WITH ALL ENERGY CONSERVATION MEASURES,EXCLUDING THE VALUE OF ENERGY COST SAVINGS BY THE CLIENT,BUT INCLUDING ALL RIGHTS TO ALL ASSOCIATED ISO-NE ENERGY,CAPACITY AND RESERVES PRODUCTS.COMPANY AGREES TO PROVIDE THE UTILITY WITH SUCH FURTHER DOCUMENTATION AS THE UTILITY MAY REQUEST TO CONFIRM THE UTILITY'S OWNERSHIP OF SUCH BENEFITS AND PRODUCTS. 25.CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT COMPANY IS NOT AN AGENT,VENDOR OR SUB-VENDOR OF THE UTILITY WITH RESPECT TO THE INSTALLATION OF ANY ENERGY EFFICIENCY MEASURES.IN THE EVENT OF THE FAILURE OF ANY ENERGY CONSERVATION DEVICE TO PERFORM AS EXPECTED,CLIENT AGREES THAT CLIENT'S SOLE RECOURSE IS TO THE COMPANY AND NOT TO CONSERVATION SERVICES GROUP(CSG)OR TO THE UTILITY.THE UTILITY AND ITS OPERATING COMPANIES SHALL NOT MAINTAIN,REMOVE OR PERFORM ANY WORK WHATSOEVER ON THE ENERGY CONSERVATION MEASURES INSTALLED.CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT ITS PARTICIPATION IN THE MASS SAVE HOME ENERGY SERVICES PROGRAM IS VOLUNTARY AND THAT IT HAS CONSENTED FOR COMPANY TO INSTALL THE PROPOSED ENERGY CONSERVATION MEASURES. 26.CLIENT AGREES THAT IT SHALL NOT HOLD CSG,THE UTILITY,THEIR AFFILIATES OR OPERATING COMPANIES LIABLE FOR COMPANY'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT,FOR FAILURE OF THE ENERGY CONSERVATION MEASURES TO FUNCTION,FOR ANY DAMAGE TO CLIENT'S PREMISES CAUSED BY COMPANY OR FOR ANY AND ALL DAMAGES TO PROPERTY OR INJURY TO PERSONS CAUSED BY THE ENERGY CONSERVATION MEASURES. 27.CLIENT IS RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL FEDERAL,STATE,OR LOCALTAXESTHAT ARE APPLICABLE TO THIS AGREEMENT. LIMITED TIME OFFER.THE PRICES AND INCENTIVE OFFERED IN THIS CONTRACT ARE SUBJECT TO CHANGE IN ACCORDANCE WITH THE WESTERN MASSACHUSETTS ELECTRIC COMPANY MASS SAVE HOME ENERGY SERVICES PROGRAM OFFERS. MA CLIENTS:You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller,which may be his main office or branch thereof, provided you notify the seller in writing at his main office or branch by ordinary mail posted,by telegram sent or by delivery,not later than midnight of the third business day following the signing of this agreement.See the attached notice of cancellation form for an explanation of this right. DATE CLIENT'S SIGNATURE DATE COMPANY REPRESENTATIVE'S SIGNATURE