<p>My signature below authorizes L&amp;B Roofing LLC to perform the above-described scope of work and I agree to pay L&amp;B Roofing LLC the above estimate amount upon completion of work, and (ii) if insurance proceeds, if any, are received, Owner assigns to L&amp;B Roofing LLC all insurance proceeds paid in connection with L&amp;B Roofing LLC’s services. For insurance work an initial payment is due upon completion of work and the balance is due upon Property Owner’s receipt of final insurance proceeds. For non-insurance related work, payment in full is due upon completion of all work. Terms and Conditions 1. Property Owner Authorization to Perform Work, Communications. Owner authorizes L&amp;B Roofing LLC (Contractor) to perform the work described in this Agreement per the terms and conditions reflected herein. 2. Property Owner’s Selection of Roofing and Authorizations. Owner or an authorized representative of Owner will select all material brands, colors, styles, and features for those options provided by Contractor. In making these selections, Owner shall assess the underlying materials and work to/upon which the Work will be attached or adhered for the suitability of the Work to be performed, and Owner authorizes Contractor to acquire and install said materials at the Property. Contractor agrees to perform its Work in a good workmanlike manner, in accordance with standard industry practices. Alterations, modifications, changes or additions, if any, must be agreed in writing by the parties as evidenced by their respective signatures, although Contractor reserves the right to perform additional work upon Owner’s verbal instruction therefor, which instruction shall be binding on Owner. 3. Limitations on Scope of Work. Unless expressly agreed to the contrary, the following are outside the scope of this Agreement and will be performed only upon Contractor securing a confirmed source of payment for that work: (i) Replacement of deteriorated decking, fascia board, roof-jacks, ventilators, flashing and related materials; (ii) painting; and (iii) gutter work. 4. Indemnity and Hold Harmless. Owner agrees to indemnify and hold Contractor harmless for damage caused by improper original construction, including faulty framing, masonry bracing and roof decks, or for rotted siding; mold and mildew; paint and sheetrock damage due to vibration: damaged electrical wiring, cables, and air conditioning or plumbing lines installed within six (6) inches of the roofline; and incidental and consequential damages. Furthermore, Owner agrees that Contractor’s work may be delayed due to labor controversies, strikes, storms, inability to obtain necessary materials from customary sources, or any other circumstances beyond the control of Contractor, none of which shall constitute abandonment of the Contract or the Project. 5. Remedy for Nonpayment. If Owner fails to pay Contractor any amounts due under this Contract within thirty (30) days from the date of completion of the Work, or Owner’s receipt of insurance funds, whichever is sooner, Owner agrees to pay all costs of collection, including reasonable attorney fees, interest on any unpaid balance at a rate of one and one-half percent (1 1⁄2%) per month, (18% perineum) or the maximum allowed by law. 6. Dispute Resolution. Any dispute between Contractor and Owner arising out of or relating to this Agreement or the breach thereof, shall first be subject to mediation, and if not so resolved, shall be decided by arbitration. Should Contractor prevail in any affirmative claim, or successfully defend against Owner’s claims, Contractor shall be entitled to its attorney’s fees and cost incurred therein. The award rendered by the arbitrator shall be final, and judgment maybe entered upon it in any Court having jurisdiction thereof. Owner agrees that in no event shall Contractor be liable for consequential or exemplary damages. 7. For limited Warranties. Contractor warrants workmanship and materials (2) years on roof replacement jobs after the date of substantial completion and will remedy substantial defects in workmanship within a reasonable time after receipt of written notice from Owner. The Limited Warranty inures solely to the benefit of, and is enforceable only by, Owner, and is not transferable or assignable. Owner agrees to assert all warranty claims for defective materials solely against the manufacturer of such materials. In the event that Owner asserts a claim of defect in workmanship, Owner agrees to permit Contractor to gain access to the affected area so as to cure any purported defect. In the event Contractor is not permitted by Owner to cure such defects, Contractor shall have no liability for the cost of repair or damages resulting therefrom. This Limited Warranty shall not apply to damages arising from settling, abuse, winds more than 60 mph, impact of foreign objects, damage due to settlement of foundation, or Owner’s failure to properly maintain the Property or the Work, including the accumulation of leaves or pine needles in gutters or roof valley which accumulation can force water under roofing. Furthermore, this Limited Warranty shall not apply to smoke damage; fire; hailstorms; hurricanes; and other roof damage resulting from Acts of God. 8. Miscellaneous: A. Owner agrees to notify Contractor of any deed restrictions or homeowner association requirement that may affect the performance of Contractor’s roofing services. B. All restocked material is subject to a 10% restocking fee. All work and material delivered to the premises, whether incorporated therein, remain the property of Contractor until paid for. C. Owner acknowledges that Contractor may utilize subcontractors in the performance of its Work. Owner authorizes Contractor to photograph its work and to utilize same in its marketing materials and on social media. D. Owner agrees to carry owner’s and contents insurance. Owner agrees to obtain Homeowner’s Association approval, if necessary, and to permit access to the property at reasonable times for Contractor to perform its Work under this Agreement. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties, supersedes any previous understanding or agreement of the parties, and may be changed only by written instrument, signed by all parties. There are no representations, either oral or written, other than those set forth herein. After Owner’s right, if applicable, to cancel this Agreement has passed, this Agreement cannot be cancelled except by mutual written agreement of all parties. If subsequently cancelled without Contractor’s agreement, Owner agrees to pay Contractor a termination fee equal to 30% of the Agreement price. 10. Severability. If any provisions of this Agreement should be held to be invalid or unenforceable, the validity, and the enforceability of the remaining provisions of this Agreement shall remain in full force and effect.11. This Agreement is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by Agreement, you must provide the notice required by Chapter 27 of the Texas Property Code to the Contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the Contractor, you must provide the Contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code. 12. Insurance Addendum: For those properties for which some or all of the work will be paid by insurance proceeds, the following terms apply: 1. Neither Contractor nor any of its authorized management or sales representatives are Public Insurance Adjusters, are not offering to or performing any insurance adjusting services to Owner.2. Owner appoints Contractor as Owner’s ATTORNEY-IN-FACT for the sole purpose of communicating directly with Owner’s insurance and/or Mortgage Company regarding recommended supplements to the project scope/pricing and status of payment for any of Contractor’s Work. Owner agrees to aid in collection of all monies due Contractor by executing any necessary paperwork and/or communicating with insurance company and/or Mortgage Company, including Owner’s agreement that any settlement made between Owners and Owner’s insurance company(ies) shall include Contractor as a payee, and that Contractor may present a signed copy of this Agreement, which shall be sufficient authority and direction to Owner’s insurance or mortgage company to include Contractor as a payee in any payments made in settlement of Owner's claim. Should amounts paid by any such insurance company be insufficient to pay the agreed price herein,
        Owner agrees to pay the difference to Contractor immediately upon demand. 3. Owner agrees that any sums obtained by Owner,
        whether through litigation, public insurance adjuster or appraisal,
        shall first be applied to payment for the maximum identified scope of work developed on Owner’s behalf,
        up to Owner’s recovery, however, obtained.In the event insurance denies Owner’s claim,
        this Agreement is voidable at the option of Contractor. 4. Approved supplemental charges to the insurance company shall,
        if any, be paid to L&amp;B Roofing LLC and are not reflected in the Estimated Charge to Property Owner (Owner). 5. L&amp;B Roofing LLC will, as a courtesy to Owner, submit a final invoice directly to the insurance company, if any, to facilitate the insurance company’s release of any remaining payments, all which Customer acknowledges is due L&amp;B Roofing LLC for its work at Owner’s home. 6. Owner agrees to promptly obtain the signature endorsement of any other payee, including Owner’s mortgage company, who is named on any check issued by Owner’s insurance company. This proposal may be withdrawn if not accepted within 30 days, or in the event Owner’s insurance company declines coverage for Owner’s damage made the subject of this contract.</p><p>&nbsp;</p><p><strong>&#xFEFF;YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. (For Residential Properties Only)</strong>. After the right to cancel has passed, any attempt to terminate this Agreement shall be deemed a material breach of this Agreement and entitle Contractor to damages. The Terms and Conditions bellow are incorporated herein by reference.</p><p>&nbsp;</p><p><br>&nbsp;</p>