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Project Name: Mayfield Village Waterpark <br />Resealing <br />WO#: 23-038 Revision #: # 0 <br />5.0 Agreement <br />Page 314 <br />Monday, April 17, 2023 <br />AquaSeal Resurfacing, LLC. hereby proposes to Mayfield Village <br />and/or its clients to furnish the materials, equipment and perform the labor necessary <br />to complete the work outlined in this proposal. <br />5.1 Terms and Conditions: <br />a) This agreement will expire one hundred and twenty (120) days after issuance. If commencement of work has not begun by <br />this date, AquaSeal Resurfacing, LLC. reserves the right to add additional submittal costs up to and including total job <br />rebidding. <br />b) It is understood and agreed this proposal contains the entire agreement between the parties; that no promises, <br />representations, inducements, or agreements not expressed in these sections have been made to either party; that the <br />parties are not relying on any other statements or representations or any kind in executing this agreement. This agreement <br />supersedes and controls any conflicting or inconsistent terms contained in any other agreements. <br />c) In the event of any dispute regarding the services described herein, AquaSeal Resurfacing, LLC's liability shall be limited to <br />the total job costs set forth above. <br />d) AquaSeal Resurfacing, LLC. shall not be liable for consequential or incidental damages. <br />e) Any liability of AquaSeal Resurfacing, LLC. whether known or unknown, shall terminate one (1) year from the execution of <br />this agreement. Client hereby releases AquaSeal Resurfacing, LLC. from any and all liability from and after one-year period. <br />0 Litigation cannot exceed the cost of the project outlined in this agreement. <br />g) In the event of a favorable legal decision for AquaSeal Resurfacing, LLC. the Client agrees to pay all legal expenses incurred <br />by AquaSeal Resurfacing, LLC. <br />h) This agreement shall be governed by laws of the State of Ohio, and any litigation which may arise concerning this agreement <br />shall be venued in the Common Pleas Court of Stark County, Ohio, regardless of the domicile of any party or the site of any <br />incident which may give rise to such litigation. <br />i) Additional square footage or design work other than what is quoted in scope of work 2.0 will be an extra change order <br />charge. <br />5.2 Insurance Coverage: AquaSeal Resurfacing, LLC. is fully insured. The cost for any additional <br />insurance coverage, beyond what is current, may be added to the scope of work at an <br />additional charge. A current certificate of insurance is available upon request. <br />6.0 Work Authorization <br />The above prices, specifications, conditions, and notes are satisfactory and are hereby accepted. AquaSeal <br />Resurfacing, LLC. is authorized to complete the work as outlined above. Payment will be made as outlined <br />in section 4 of this proposal. <br />AquaSeal Resurfacing 1 7681 Tim Ave NW N. Canton, OH 44720 1 330.323.597- !i ,. ,,w.aquasealiic.com <br />