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• I 11.C.c I
<br /> TERMS AND CONDITIONS
<br /> GENERAL
<br /> Owner shall timely notify Cactus Asphalt(Cactus)in writing when the premises will be ready for work to commence,
<br /> and shall give unobstructed access to all areas where work is to be done. Any necessary towing and costs of delays
<br /> shall be the responsibility of the owner.
<br /> Cactus is not responsible for any utility lines(water,electric,sprinkler,communications,cable,etc.)which may lie
<br /> within eighteen inches(18")of the surface. Owner is responsible for supplying all known layouts of any such utility
<br /> lines which are known to exist. Cactus is not responsible for damage to undisclosed, unknown or improperly placed
<br /> lines.
<br /> If Cactus encounters any different site condition or concealed condition,including but not limited to underground Ta
<br /> utilities,debris,ground water,underground storage tanks,hazardous material,"hard dig"soils,or any material or °)
<br /> substance regulated by federal,state,local law,ordinance,or regulation,any other environmental,health or safety a
<br /> issue,or concern,or other conditions, that were unknown to Cactus before submission of this Proposal,the contract :c
<br /> price shall be equitably adjusted to compensate Cactus for any additional•work performed or damages incurred as a V
<br /> result of any such conditions. At Cactus'sole discretion, Cactus may stop all Work on the project,until the parties
<br /> have reached an agreement,ih writing,concerning any such equitable adjustment,and Cactus shall have no 0
<br /> obligation to perform any work which,as determined by Cactus,directly or indirectly involves any environmental,
<br /> health or safety risk or hazard. •
<br /> The Owner is responsible for ensuring that all surfaces are kept in a condition acceptable to the application of the
<br /> agreed upon product. This includes ensuring that all automatic sprinklers that may place water on the surface are a
<br /> turned off. Any delay caused by failure to perform the above may result in additional expense to the owner.
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<br /> Cactus is not responsible for ponding water where grade is less than 2%. •
<br /> Owner is to provide a water source that is acceptable to Cactus and is sufficient for performing the work. per.
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<br /> Cactus is fully licensed and insured. All Cactus employees are covered by Worker's Compensation Insurance.
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<br /> Unless otherwise agreed in writing,the prices contained within this agreement do not include the costs of permits or
<br /> bonds.
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<br /> WARRANTY •
<br /> All work performed by Cactus is covered by a one year warranty on workmanship. Normal wear and co
<br /> tear, abuse,weather, and other acts of God are excluded. Q.
<br /> PAYMENT AND TAXES to
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<br /> By law,taxes may only be waived upon receipt of a valid exemption certificate. -Taxes are determined in accordance V
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<br /> with the jurisdiction where the work is performed. The owner is responsible for payment of all taxes.
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<br /> • Unless otherwise stated within this agreement,all payment is due upon transmittal of invoice. In addition to other
<br /> terms contained elsewhere in this proposal, Owner agrees to pay a service charge at the rate of 2%per month on all N
<br /> accounts that become 10 days past due. All costs of collection,as well as attorney's fees,will be added to the.
<br /> balance and interest due. LL,
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<br /> Cactus reserves the right(without further notice)to suspend or terminate this agreement if work is stopped for 30 or
<br /> more days because of a failure to make progress payments or other delay not caused by Cactus. In such event E
<br /> Cactus reserves the right to recover payment for all work performed,including reasonable overhead,profit and
<br /> damages under the contract. CO
<br /> This agreement shall be governed by and construed in accordance with Arizona law, and any lawsuit or E
<br /> arbitration arising from this agreement must be filed in Maricopa,County,Arizona. If any provision of this -
<br /> agreement is determined invalid or unenforceable by a court of competent jurisdiction, that provision
<br /> alone will be deemed stricken and the remainder of the agreement will be enforced.
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<br /> I Packet Pg. 163 I
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