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16A-017 (6) 437 SPRING ST BP-2017-0136 GIS#: COMMONWEALTH OF MASSACHUSETTS Map:Block: 16A-017 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-2017-0136 Project# JS-2017-000220 Est. Cost: $4839.00 Pee: $65.00 PERMISSION IS HEREBY GRANTED TO: Const.Claw Contractor: License: Use Group AMERICAN INSTALLATIONS LLC 106178 Lot Size(sci.ft.): 17859.60 Owner: MAYHEW RUSSELL&ELLEN Zoning:URA(l00)1WSP(l00)/ Applicant: AMERICAN INSTALLATIONS LLC AT: 437 SPRING ST Applicant Address: Phone: Insurance: 130 COLLEGE ST (413) 552-0200 WC SOUTH HADLEYMA01075 ISSUED ON:8/212016 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 RP.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House tt 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 811120160:00:00 $65.00 212 Main Street, Phone(413)587-1240,Fax: (413)587-1272 Louis Hasbrouck—Building Commissioner File#BP-2017-0136 APPLICANT/CONTACT PERSON AMERICAN INSTALLATIONS LLC ADDRESS/PHONE 130 COLLEGE ST SOUTH HADLEYO1075(413)552-0200 PROPERTY LOCATION 437 SPRING ST MAP 10A PARCEL 019 001 ZONE URA(10O1/WSP(100)/ T .1 SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT 9BB, Fee Paid cinq tif1t5' BuitdinoPermit Filled out Fee Paid Typeof Construction: INSTALL ATTIC&BASEMENT INSULATION New Construction Non Stmc 'nterior renovations Addition to Existing Accessory Structure Buildine Plans Included: Owner/Statement or License 106178 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION 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 Demo]' Delay Sign ire o uilding ficial 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. - M Depadmerd ase o4 City of Northampton stews efieermt AUG - 1 NIG Building Department Otnet ny 212 Main Street ae(aedsept�:4yapebay Room 100 Ware.rMaiiiAriataity • hampton, MA 01060 7AYoi(�s o154da1walleru phone413-3871240 Fax413.587-1272 P'v eFmrm i - ONersp4dN_ APPLICATION TO CONSTRUCT,ALTER,REPAIR,RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING SECTION 1-SITE INFORMATION 11 This section to be completed by office 437 Spring Street Map tat Leeds,Ma 01053 Zane Ovedey Dishict Etre St Dios*-... CS District SECTION 2-PROPERTY OWNERSHIP/AUTHOR F.D AGENT g.1 Owner of Resort: Russell&Ellen Mayhew 437 Spring Street Leeds,Ma 01053 Name NIS (Q50 Eng Ad72 K See attached . Telephone 81unWsn 3.2 Authorized Anne American Installations 130 College St., Ste 100 South Hadley, MA 01075 Name(Print) Cama Meeks Menem Zj 0 Weeds. SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated cod(Debts)to be Official Use Only completed by Permit apptlaent 1. Baking (a)BuIdfg Pemitt Fee 2. Electrical (I))Estimated TOM Cost of Construction from(e) 3. Plumbing Building Permit Pee 4. Mechanical(HVAC) S.Fbe Protection S. Total=(1+2+3+4+5) $4,839.12 Check Number o-19,01-49 C Tide Section For Official Use Only Building Permit Number: Dela Dated: Slgnebse: Bulldog Cammmdonwnnspeew of Bulks gs Date Section 4. ZONING All Information Must Be Completed.Permit Can Be Denied Due To incomplete Information Foisting Proposed Required by Zoning This tO be filed lop Lot Size I I Frontage Setbacks Front Side L R LI I R ( I Ha u Building Height � Bldg.Square Footage X Olson ootage (Tonna t Space lc paved 1 I I paw A of Puking Spaces 1-1 i I I Fill: — - ---- - _ (volume&Locadm) A. Has a Special Permit/Valiance/Finding ever been issued for/on the site? NO 0 DONT KNOW 0 YES 0 IF YES,date issued:( IF YES: Was the permit recorded at the Registry of Deeds? NO 0 DONT KNOW 0 YES O IF YES: enter Book Page and/or Document al B. Does the site contain a brook, body of water or wetlands? NO O DON'T KNOW 0 YES 0 IF YES,has a permit been or Reed 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 0 NO 0 IF YES,describe size, type and location: I). Are there any proposed chanes to or additions of signs intended for the property? YES 0 NO 0 IF YES,describe size,type and location: E. Will the construction activity disturb(dewing,BradinD.OICENation,orfilling)over 1 we or Is It part eta common plan thatwi disturb over t me? YES O NO IF YES,then a Northampton Storm Water Management PennKhom the DPW Is required. SECTION 5-DESCRIPTION OF PROPOSED WORK heck 4 aoolcablal New House ❑ Addition ❑ Replacement Window. ub.auoI4.) ❑ Roofing ❑ Or Door O Accessory Bldg. ❑ Danoatlon 0 New Signs t J Decks is Skiing trii on..,real Wor :Crti tuna Work: Attic and asement insulation and air sealing throughout Aerate of seem bedoon_Ye._No Adding new badmen_Yes No Attached Narrate Reeding urtbblred beret _Vee No Rue Made Roe -Shen ewe M Now house ehd-or on to eTdttlnR:hou/lnawmdefe the following: to. Use a kiting:One redly Two Felly Oter b. Number of roes r each bey knit Number of Bsdroee n is gere a garage afladred? O. Proposed SWue late of new mreeuctm. Danuebns a. Weber of stas? L Med of hstri? Ph.plam.or Waodsbse. Sumter of each g. Eueegy Caerv.0on Carrq .lac.. Maudiok Energy Cementite form evaded? h. Type a mwbudion is construction nen 100 t.ofwatend.? Yes _No. a construction withal 100 yr. Ioodple Yes_No I. Depth of baseman or cellar floor below trued grade k. WB bldng aordmm b the Building end Zosrg regulations? Yes_No. I. Set Tank_ City Sarver Pdveb wen_ CAy wets SrpNy_ SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT ly Russell & Ellen Mayhew se Owner a the sublet praPr1 hereby authorize American Installations bed on my beak Ind nsele a*ve to vim authorized by this been ere imptcede. See attached 7/27/2016 Sleekse ate err Deb I. American Installations as Ower/Authored Aped hueby dedan that Se.binenb and i tonnelon on the t sgsg applmerm as b e a cane.b the bei of ray knowledge era bete Signed under the pairs as penile of page. American Installations Pee time tl 7/27/2016 �seea a OwMApwe CLe SECTION 8-CONSTRUCTION SERVICES 8.1 Licensed Construction Stmarvisor. Not Applicable 0 Nems of Owner Homer Wesley K. Couture 106178 tkense Number 130 College St., Ste 100 South Hadley, MA 01075 9/29/17 Address Eapimlbn Date 413-552-0200 SIp9§e.e Telephone Renletered HOS Improvement Contrac(or - - _ tit Applicable 0 Wesley Couture 175982 Comoanv Name Regisbation Number American Installations 6/27/17 Address Expiation pate 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�h ofCompe on�Insurance affidavitm completed and submitted with this application.Failure to provide Bis affidavit will result in the Issuof the building permit. Signed Affidavit Attathed res._... Bf 11. -Rome`Owner:Ezempuon The current exemption for"homeowners"was extended to include Owner-occupied DweSioma 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 sets As supervisor.CMR 780. Sixth Edition Section 108.35.1. 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 tinily dwelling attached or detached structures accessory to such use mill or farm structures.A Demon 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 reaoondldefor all such workperfermad ander the bnldiwe Hermit. As acting Coutruction Sunervisoryour presence on the job site will be required from time to time,during and upon completion of the¢ork 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,von may belable forperson(s) you him to pekfonn 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 The Commonwealth of Massachusetts „ Department of Industrial Accidents m', 1flir$t' Office of Investigations Congress Street, Suite 100 �°r)!: Boston,MA 02114-2017 � Q www.mass.gov/din Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Lenibl% Name (BusinesarOrpyfvationandividia): American Installations, LLC _ Address: 130 College Street, Suite 100 City/State/Zip: South Hadley, MA 01075 Phone it: 413-552-0200 Are you an employer? Check the appropriate box: Type of project(required): I.® 1 am a employer with 27 4. ❑ lam a general contractor and 1 6. 0 New construction employees (full and/or part-time).* have hired the sub-contractors 2.❑ lam a sole proprietor or partner- listed on the attached sheet 7. 0 Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in anyaci employees and have workers' capacity. t 9. ❑Building addition [No workers' comp.insurance comp. insurance. required.] 5. ❑ We area corporation and its 10.0 Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152,§1(4),and we have no Insulator employees. [No workers' 13.II Other comp. insurance required.] 'Any applicant the checks box MI must also fill out the section below showing their workers'compensation policy information, t Homeowters who submit this affidavit indicating they am doing all work and then hire outside contractors must submit a new affidavit indicating such. :Connectors that check this box must attached an additional sheet showing the nae of the soli-wm..iors and state whether or oat theca entities have employees ata rubwnhacton have employees,they must provide their workers'wrap.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Guard insurance Companies Policy#or Self-ins. Lic. t: URWC60991`7'—� Expiration Date: 09/04/2016 / lob Site Address: 77/57 r2 y 5ft�"E'�' City/Stam/Zip `f E'C/` !4'(-4 Q/053 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration dale). Failure to secure coverage as required under Section 25A of MGL c. 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 up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ccoenify under the pains and penalties of perjury that the information provided above is true and correct Siwiature:v�[�r�Lfr.x& yfre �l'1L U�L2� Date: 7/a 7//6 Phone 3; Y/3-.S33-n200 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2.Building Department 3.Cityffown Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: S .� I �,1 wwn'.Amennnlnsnnanons.mm BBB. Licensed&Insured MA CMn:106178 I• MA Registmtionp 175982 American Installations no Colley sweat Smite lea,south medley.Msolols•Mktg(411552ama Fs(413)552m112•bad:supporterAmericaunstariatiaracom Mayhew,Russell&Ellen 7/12/2016 437 Sppring Street oa Leeds MA 01053 wog w 503 880 7472 cam rrsselllmayhew@gmaileom 437 219 16-1443 Quantity Unit Unit Cost Total AY/Duct Sealing AIR SEALING 12 man hour $ 8500 $ 2020.00 Air/Duct Sealing $ 1,020.00 Air/Duct Sealing Incentive $ (102000) Air/Duct Selaing WX Balance $ - Weat1aeiotlon FLAT-10"OPEN R-35 1560 sqft $ 1.47 $ 2,293.20 DAMMING R-38 13 linear ft $ 2.05 $ 270.60 INSULATE EXISTING DOOR each $ 73.91 $ 73.91 WHOLE HOUSE FAN COVER each $ 209.21 $ 209.21 DOOR WEATHERSTRIPPING W/SWEEP each $ 15.00 $ 22500 VENTILATION CHUTES 8 each $ 200 $ 17000 CRAWLSPACE WALL RE)RIGID INSL 15 sqft $ 370 $ 57720 Total Weatherization $ 3019.12 Weatherization Incentive $ 2,000.00 Total Project $ 4,839.12 Pre-Weatherization Incentive $ 100.00 Total Utility Contribution $ 3,120.00 Total Customer Contribution $ 1,719.12 WARRANre Amman InstallMOM,WE o,wi er the eemM homeowner with a i ae+,wwamanmlp warranty MgwcansbrtrtowLLC heaanroposs medlus�n arena I and label to Complete me above scope et work m accordance with the above spym . anrc tions and aial and state bw g s ACCEPTANCE OF PROPOSAL the above prices,specifications and TOTAL CONTRACT VALUE= $ 1,719.12 mini ons are udsta:tory and are hereby accepted.You are authorized to do work as specified.Payment will be 1/3 down pnorto Down Payment= $ 573.00 Ms start of work,and balance due upon Completion. PAID Z171Balance Due Upon Completion= $ 1,146.12 7/12/2016 ro ,1.:7—e 7--41( 7/12/2016 THIS AGREEMENT IS COMPOSED OF THIS PAGE AND THE REVERSE SIOE 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",ANDTHE CUSTOMERIS)NAMED ON THE REVERSE SIDE,HEREINAFTER REFERRED TOM"GHENT",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. THE FOLLOWING TERMS AND CONDITIONS ALSO APPLY 1.THIS AGREEMENT IS SUBJECT TO THE APPROVAL OF A MANAGER OF THE COMPANY FOR THIS AGREEMENT TO BE EFFECTIVE UNDER ANY CONDITION. 1.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. 1R%PER ANNUM)WITH A MINIMUM CHARGE OF$200 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 NE ABOVE TERMS,COMPANY MAY HAVE THE RIGHT TO A LE IN 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 A TIMELY 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 SOL EY DUE TO THE COMPANY'S NEGLIGENCE. S.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 15 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 ANO 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 APPUCABLE,UNDER THIS AGREEMENT. 10.THE COMPANY 15 NOT RESPONSIBLE,AND THE CLIENT AGREES TO HOLD THE COMPANY HARMLESS,FOR ANY PROBLEMS AND/OR DAMAGES,INLCUDING BUT NOT LIMITED TO MOLD GROWTH,ARISING FROM THE PERFORMANCE OF AIRSEAUNG WORK BY THE COMPANY AS A RESULT OF ANY KNOWN OR UNKNOWN MOISTURE CONDITIONS. 11.THE COMPANY IS NOT RESPONSIBLE FOR,AND THE CLIENT AGREES TO HOLD THE COMPANY HARMLESS,FOR ANY PROBLEMS AND/OR DAMAGES RELATING TO ICE DAMMING THAT MAY ARISE DURING AND/OR AFTER THE PERFORMANCE OF WORK BY THE COMPANY. 52 REPLACEMENT OF DETERIORATED DECKING,FASCIA BOARDS,ROOF JACKS.VENTILATORS,FLASHING,RAFTERS,JOISTS,INSULATION OR OTHER MATERIALS ARE NOT INCLUDED UNLESS OTHERWISE NOTED HEREIN. 13.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 ANO 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. 14 THE COMPANY UNDER PROVISIONS OF CHAPTER 141A 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. 15.THIS AGREEMENT,INCLUDING THE PROVISIONS RELATING TO PRICE AND PAYMENT SCHEDULE.CANNOT BE CHANGED OR ALTERED EXCEPT BY WRITTEN STATEMENT SIGNED BY BOTH THE COMPANY ANDTHE CLIENT. 16.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. 17.THIS AGREEMENT CANNOT BE CANCELLED WITHOUT THE MUTUAL WRITTEN CONSENT OF BOTH PARTIES EXCEPT AS OTHERWISE SET FORTH HEREIN. 18.THIS AGREEMENT,AND ANY WARRANTY(S)PROVIDED HEREUNDER SHALL NOT BE ASSIGNED EXCEPT BY OR WNH THE WRITTEN PERMISSION OF THE COMPANY. 19.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. 20.ANY CHANGES iO MATERIALS BY THE CLIENT(BRAND.STYLE,COLOR,ETC)AFTER SAID MATERIAL HAS BEEN DELIVERED OR IS IN ROUTE TO THE GHENT COULD RESULT IN A 5%RE-STOCKING FEE BASED ON THE COST OF SAID MATERIALS. 11.THIS AGREEMENT SHALL BE EFFECTIVE ONLY UPON ITS EXECUTION BY ALL PARTIES HERETO,PRIOR 70 WHICH TIME IT SHALL BE DEEMED A PROPOSAL.THE COMPANY RESERVES THE RIGHT TO 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. 11.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. 23.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. 14.ANY DISCOUNT,PROMOTION,REIMBURSEMENT,OR OTHER PROGRAM THAT IS PART OF A STATE SPONSERED UTUTY PROGRAM)LE MASS SAVE")IS SUBJECT TO THE AVAILABILITY OF QUAUFYING 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. 25.AMERICAN INSTALLERS,LLC IS NOT AN AGENT OF ANY UTILITY COMPANY OF OTHER VENDOR WORKING BY,THROUGH,OR UNDER THE MASS SAVE'ENERGY PROGRAM. 26.CLIENT IS REPSONSIBLE FOR THE PAYMENT OF ANY AND ALL FEDERAL,STATE.OR LOCAL TAXES THAT ARE APPLICABLE TO THIS AGREEMENT.