By submitting this form for requested service, maintenance, repair, or work of any kind specific to the building envelope repairs as defined in the service and maintenance request forms, all of which, shall be defined as “the work”. The customer hereby agrees and acknowledges that “the work” will be conducted on time and materials including all expenses required to either alleviate, remedy, and or, repair the site condition requiring service, maintenance, repair, or work of any kind specific to the building envelope as defined in the service and maintenance request forms and will be responsible for payment of these costs including 10% overhead and 5% profit. The work shall be tracked and invoiced against an Atlantic Building Envelope, LLC service agreement signed daily by the customer or an authorized individual who has authority to issue and approve payments for such work or on behalf of the customer.

Contingent on the scale and scope of the work required and “upon a site review” by Atlantic Building Envelope, LLC (ABE); the company, Atlantic Building Envelope, LLC may at its discretion issue a proposal for the work to be issued to the customer for approval and execution of an Atlantic Building Envelope, LLC short form contract agreement separate from an initial service agreement. The terms and conditions of the short form contract shall take precedence over any pre-existing agreement(s) issued and executed by the customer except for any outstanding payments, debts, and obligations due to Atlantic Building Envelope, LLC by the customer for work provided by the company (ABE) under any previous agreement. Payments due to Atlantic Building Envelope, LLC for all previous agreements

shall be required per the payment terms under the service agreement or agreement for the work that has been initiated. No forgiveness, forbearance, or deferment shall be provided for work already initiated and tracked on an existing service agreement, “whether invoiced, in process to be invoiced, or in the possession of the customer.”

Late payment fees on a delinquent invoice(s) shall be restricted to the state of MA or RI allowable legal limit per annum calculated at the daily rate dependent on where the work was initiated and whereas expenses for employees, material vendors, and other costs have been incurred by Atlantic Building Envelope, LLC.

D. Atlantic Building Envelope, LLC (ABE) may for convenience elect not to initiate or commence work of any kind prior to the execution of a service agreement or short form contract agreement.

The customer understands and acknowledges that the work provided by Atlantic Building Envelope, LLC is for contracting services only, which excludes engineering, surveying, site testing of any kind, laboratory testing of any kind, and materials analysis of any kind. Should these services be required, the customer must provide clear identification of the service needed, extent of the service, and degree of application.

A limited (1) year contractor’s warranty shall be provided only for the work installed by Atlantic Building Envelope, LLC to the extent the installation and application is a warrantable condition. Specific inclusions and exclusion shall apply and be provided within an attachment to the service agreement.

The customer shall indemnify, hold harmless, waive any claim against Atlantic Building Envelope, LLC (ABE), its owner, affiliates, heirs, successors, employees, vendors and subcontractors to the furthest extent of the law in the territory “State” for which “THE WORK” was conducted for any and all pre-existing building conditions, presently active or non-active where there is a degradation of the building envelope system, its components, its performance, due to improper installation, water infiltration, MEP & HVAC irregularities in non-performance, internal building conditions including but not limited to building pressure, temperature controls, the proper utilization of permeable and non-permeable barriers & insulating materials, whereas the results have diminished the life cycle or compromised the performance of the following: The roof assembly including but not limited to all of its components and substrates, the panel assembly (wall or roof) including but not limited to all of its components and substrates and an any other depend construction and or any structural or non-structural component, finishes, building property, tenant property, or any physical or traumatic response or condition to building personnel, tenant personnel, patrons, or bystanders as a result of deterioration or lack of performance of the building systems and components. The customer shall also indemnity, hold harmless, waive any claim against any pre-existing building condition for the presence of mold or mildew formation which has been previously active, currently active, non-active, remediated, or required to be remediated, due to design errors, improper installation, water infiltration, absence of repairs to damaged existing building envelope components, improper controls of MEP or HVAC systems, and general neglect. The customer shall indemnify, hold harmless, waive any claim against Atlantic Building Envelope, LLC, its owner, affiliates, heirs, successors, employees, vendors, and subcontractors to the furthest extent of the law in the territory “State” for which “THE WORK” was conducted as provided in the forgoing into perpetuity and through any transaction whereas the property, management, and or ownership is transferred, sold, acquired, taken by eminent domain, or by any other legal means.

Definitions: The online service and maintenance request forms or application contained within the Atlantic Building Envelope, LLC, website also referenced or referred to as Atlantic Building Envelope, Atlantic, and ABE are separate from an Atlantic Building Envelope, LLC service agreement and or short form contract. The Atlantic Building Envelope, LLC service agreement and or short form contract shall be issued via electronical means or hardcopy once the company “Atlantic Building Envelope, LLC” has agreed to provide services onsite by receipt of a signed service agreement issued from Atlantic Building Envelope, LLC and executed by the customer. Atlantic Building Envelope, LLC short form contracts shall be executed by both parties. The customer shall not construe, infer, interpret, or assume the service request application or forms submitted are an agreement to perform the work.