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ADVANCED PRO REMEDIATION, A L.L.C.
5961 McLeod Drive
Las Vegas, NV 89120
Phone (702) 252-0880                                                                                                                       Date: A value is required.Invalid format.
Fax     (702) 543-5238
License No.: 065998

WORK AUTHORIZATION AND AGREEMENT

PROPERTY OWNER(S): A value is required.
(hereinafter “Owners”),
hereby authorize and direct Advanced Pro Remediation, a L.L.C., (hereinafter “Contractor”) to make repairs

to the following real property: A value is required.
(hereinafter “subject property”),

as follows: A value is required.

with work by Contractor estimated to begin on or about: A value is required.Invalid format. and Contractor estimating substantial completion of

the work to be performed not later than on or about: A value is required.Invalid format., subject to adjustments on this contract time as provided

in the contract documents. ESTIMATED DATE OF LOSS: A value is required.Invalid format.
Owners shall pay Contractor, in current funds, the stipulated contract sum and subject to all other terms as set forth on the “Estimate/Proposal,” which is part of the contract documents attached hereto and which is hereby fully incorporated into this WORK AUTHORIZATION AND AGREEMENT.
ADDITIONAL TERMS AND CONDITIONS

Owners certify that they own the subject property or that they are otherwise legally empowered to enter into this agreement with Contractor to make repairs on or to the subject property.
Contractor will furnish all labor, service, equipment and materials (hereinafter “the work”) to make the repairs to the subject property as agreed to by the parties in the Estimate. All work done by Contractor will be completed in a workmanlike manner according to standard construction practices. Contractor is not responsible or liable for any existing violations of building ordinances and/or codes on or in the subject property.
Owner may, without affecting the validity or enforceability of this contract, order changes, modifications, deletions and extra work (“changes”) by entering into a written agreement with Contractor for any such changes, but only if Contractor agrees to the terms and conditions, including compensation amounts, for any such changes. Any such changes entered into agreement by the parties shall automatically be incorporated into and become a part of this WORK AUTHORIZATION AND AGREEMENT. Any expenses incurred by the Contractor because of unusual conditions associated with the subject property or the work performed and not reasonably anticipated by the Contractor shall be considered Changes. Contractor may invoice Owner and Owner shall pay Contractor each month for expenses incurred by Contractor during each said month for agreed upon Changes.
By entering into this agreement, Owner acknowledges that he/she is fully aware that Contractor is not connected with any insurance company and that Owner is personally obligated to pay Contractor in full for work performed under this contract. If Owner has insurance coverage applicable to the work being performed, Owner agrees to promptly take all steps as directed by the Owner’s insurance company for a claim to be processed and approved. Upon receipt by Owner of any and all claim payments from Owner’s insurance company, Owner shall immediately endorse said payment(s) over to Contractor who, upon receipt of same, shall then apply any such payment(s) against amounts Owner owes to Contractor under the terms and conditions of this contract. Owner also agrees to immediately forward to Contractor any additional funds received by Owner from insurance carrier(s) for extra work performed by Contractor if such work has not been paid for.

To the Owner’s knowledge, the following insurance company(ies) have issued a policy(ies) to Owner that covers the cost of the repair

work on Subject Property: A value is required.
(Print Name of Insurance Co.(s) & Policy No.(s))
Owner agrees, upon entering into this contract, to immediately forward a copy of this contract to Owner’s insurance company(ies).

Owner hereby assigns to Contractor the proceeds of all insurance policies which cover the damage to subject property that Contractor is to repair pursuant to this WORK AUTHORIZATION AND AGREEMENT. Owner hereby authorizes and instructs all insurance carriers who may be liable for the loss, whether in whole or in part, to pay directly to Contractor, ADVANCED PRO REMEDIATION, a L.L.C., the amounts due or to become due in connection with the work authorized by the Owner. Upon Contractor’s notice to Owner, Owner shall request that the name of the Contractor be included as an additional payee on all drafts by the insurance carriers issued in payment of such loss.
All invoices submitted by Contractor to Owner are due and payable upon receipt. If any payment is not received by Contractor when due, including payments for Changes or extra work, Contractor may STOP all work until such time as all payments are received. Failure to tender payment for a period in excess of ten (10) days from the due date of said payment shall be a material breach of this WORK AUTHORIZATION AND AGREEMENT and shall, at Contractor’s option, relieve Contractor of all obligations under this WORK AUTHORIZATION AND AGREEMENT.
Owner shall be responsible for all utility charges, including hook-ups associated with the work performed by the Contractor.
Contractor shall be legally excused for any delay in the commencement or completion of the work to be performed which is caused by acts of God, acts of Owner or the agents, employees or independent contractors of Owner; inclement weather; labor trouble; acts of utility companies, public bodies or inspectors or any other third party; changes requested by Owner; acts of Owner’s insurance carrier; the failure of Owner or Owner’s insurance carrier to authorize additional work, the need for which was not known until after work commencement, the need for extra or additional work; the need for extra or additional work required by any unforeseen conditions or by casualty such as, but not limited to, fire, earthquake or weather; or for any work being performed by the Contractor is so delayed, the completion date shall be extended for a reasonable period of time which, in any event, shall not be less than the number of days Contractor is actually delayed.
Title to all materials furnished in connection with the work shall remain in Contractor’s name until Owner or Owner’s insurance carrier has made all payments required under this WORK AUTHORIZATION AND AGREEMENT. If such payments are not timely made, Contractor shall be entitled to retake possession of such materials, whether incorporated into the property by Contractor or subcontractors, and regardless of any damages to the subject property or any structures that such retaking might entail.
The Owner (or the Owner’s insurance carrier) upon making final payment under this WORK AUTHORIZATION AND AGREEMENT, waives any and all claims against Contractor. Owner certifies that prior to said final payment, Owner will have inspected or had reasonable opportunity to inspect all work performed by the Contractor.
Contractor is not responsible for any damage or destruction to the subject property, to personal property or any loss of use of said property or for any loss of income potential generated by the subject property caused by reason of fire, theft, vandalism, accident, flood, earthquake, acts of God or any other cause that is not the sole fault of Contractor. If all or any portion of the subject property is destroyed, any work or materials furnished by Contractor in restoring or rebuilding the subject property after such destruction will be paid for by Owner.
Owner shall insure as Owner’s sole expense all personal property that Owner may deliver to Contractor for protection, improvement, safekeeping, carriage, alteration and repair of or for any other purpose, for any and all loss, theft, damage or destruction to such personal property by any cause, including negligence on the part of the Contractor. This provision shall also include any and all personal property of the Owner located on subject property but not delivered to the Contractor.
No action or arbitration arising from or related to this WORK AUTHORIZATION AND AGREEMENT, the performance thereof or the work done by Contractor shall be commenced by or on behalf of Owner or any assignees of Owner after one year following completion of the work performed by the Contractor. In no event shall the Contractor be liable for any claim, including but not limited to, claims for damage
to property, personal injury or consequential or incidental damages, including but not limited to lost profits, other than a claim which arises during or as a result of the performance of the work and is caused by the willful misconduct, negligent acts or omissions of Contractor while acting within the scope of its duties under this WORK AUTHORIZATION AND AGREEMENT. In no event shall the Contractor be liable for any claim caused in whole or in party by any acts or omissions of Owner, third parties or their respective employees or agents. Owner agrees that Contractor’s liability shall be limited to a maximum amount not to exceed the amount, if any, covered by Contractor’s insurance coverage actually exists and the claim is accepted by the insurance carrier.
In the event that Owner disputes any amounts Contractor contends are due, Owner may only withhold payment of the disputed portion until such dispute is resolved.
The following terms and conditions apply to the payment schedule as provided for in this contract:

If the payment schedule contained in the estimate, and which is incorporated into this WORK AUTHORIZATION AND AGREEMENT, provides for a down payment to be paid to Contractor before the commencement of work, such down payment shall not exceed one thousand dollars ($1,000) or ten percent (10%) of the contract process, excluding any finance charges whichever is the lesser. (Residential Only)
In no event shall the payment schedule provide for Contractor to receive, nor shall Contractor actually receive payments in excess of one hundred percent (100%) of the agreed price to be paid by Owner to Contractor for the work, excluding finance charges.
Failure by Contractor without lawful excuse to commence work within twenty (20) days of the approximate date for doing so as set forth in this agreement shall postpone the next succeeding payment to Contractor for that period of time which is equivalent to that period of time between when commencement was to begin and when it did occur.
The terms and conditions set forth in sub-paragraphs A, B and C above pertaining to the payment schedule shall not apply when the WORK AUTHORIZATION AND AGREEMENT provides for Contractor to furnish a performance and payment bond, lien and completion bond, bond equivalent or any other contract condition to achieve a similar protection covering the full performance and completion of the WORK AUTHORIZATION AND AGREEMENT and such bonds or other conditions are furnished by Contractor, or when the parties hereto agree to full payment to be made upon or for a schedule of payments to commence after satisfactory completion of the project.
Upon satisfactory payment being made for any portion of the work performed, Contractor shall furnish to the Owner, upon request, a full and unconditional release from any claim of a mechanic’s lien for that portion of the work for which payment has been made.
Any sums not paid to Contractor by Owner when due under the terms of this WORK AUTHORIZATION AND AGREEMENT shall be subject to a service charge of one any one-half percent (1.5%) per month (eighteen percent (18%) per annum) on any such unpaid balance.

In the event that the Owner and Contractor have entered into an agreement for the repair and/or remediation of damage or other conditions to subject property caused by water, moisture and the like, the following shall be the complete terms and conditions in this WORK AUTHORIZATION AND AGREEMENT regarding mold. Mold is found throughout indoor and outdoor environments. Complete elimination of mold, both in the air or on surfaces, is unlikely and is not guaranteed by the Contractor. Mold, fungus and other allergens are naturally occurring. Contractor will remove the mold as provided in the WORK AUTHORIZATION AND AGREEMENT. The work that the Contractor is responsible for is limited to the actual area (“containment”) where the work is actually performed by the Contractor. Contractor will insure that the Owner will be eligible to receive a mold clearance after testing by a fully qualified inspector only if the Owner has completely remedied the condition that is the source of moisture intrusion causing the mold.

A.           The effects of mold exposure on persons and animals are not clear. Some believe that the presence of mold creates health risks. Occupants whom are experiencing health-related complaints should be encouraged to seek a medical opinion from a qualified physician. Health-related complaints and symptoms might be related to the onset of a serious illness. It is important that proper diagnosis and treatment not be confused by misdirected attention to indoor air quality issues.
B.          There may be environmental factors and/or other conditions that cause or contribute to mold growth in, on or around the Owner’s property, the repair and/or remediation of which are not included in the work to be performed by the Contractor under the terms and conditions of this WORK AUTHORIZATION AND AGREEMENT. Contractor cannot control and is therefore not responsible for those factors, conditions, or for repairs and/or remediation outside the scope of work to be performed under this WORK AUTHORIZATION AND AGREEMENT.
C.          To maximize the effectiveness of the Contractor’s work, the Owner must help to control the conditions that may contribute to mold growth. Any equipment furnished by the Contractor must not be tampered with or operated by the Owner or occupants. Contractor shall not be responsible for any damages of any kind arising out of or relating to any tampering with or operation of equipment or materials furnished by the Contractor or by anyone other than the Contractor. Property Owner understands and acknowledges that the Contractor does not perform any surface or air testing for mold.
D.           Owner must participate in efforts to control the conditions that contribute to mold growth. Sources of information for the Owner include the United States Environmental Protection Agency at www.epa.gov and The American Conference of Governmental Hygienists at www.acgih.org. Contractor encourages the Owner to use these and other sources to learn what can be done to control mold growth.
Owner(s) hereby acknowledges and accepts the terms and conditions of this MOLD NOTICE section of this agreement:

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(Signature of Owner)                                   Date
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(Signature of Owner)                                   Date

The Owner waives any and all claims against the Contractor for incidental, consequential and general damages arising out of or relating to this agreement. This waiver shall and does include but is not limited to, any exemplary damages, liquidated damages or speculative damages.
This WORK AUTHORIZATION AND AGREEMENT and the attachment, which is the Contractor’s estimate, constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed exists between the parties as of the signing date of this WORK AUTHORIZATION AND AGREEMENT. However, this agreement may be modified by documents signed by all parties, which shall be fully incorporated into this WORK AUTHORIZATION AND AGREEMENT.
If any provisions of this agreement and/or modifications are held to be invalid or unenforceable by any court or arbitrator, it is the mutual intent of the parties hereto that all other provisions of this WORK AUTHORIZATION AND AGREEMENT remain fully valid, enforceable and binding on the parties.
Any dispute between the Owner and the Contractor (other than an action for payment of fees and/or costs initiated by the Contractor) including but not limited to any claims arising out of this agreement will be resolved by binding arbitration in Las Vegas, Clark County, Nevada pursuant to the Uniform Arbitration Act, NRS 38, in effect at the time of the signing of this agreement. The parties agree to submit to the jurisdiction of the courts of the State of Nevada and the parties expressly agree that Nevada law applies to the interpretation of this agreement. The Owner agrees that the Contractor would not have entered into this WORK AUTHORIZATION AND AGREEMENT without this provision being part of this agreement. Venue shall only be in Clark County, Nevada. Judgment may be entered on the award of the arbitrator and shall be fully enforceable under the law. The party prevailing in any suit, arbitration or appeal shall be entitled to an award for reasonable costs and expenses, including expert witness fees and attorney fees.

I/We have read and hereby agree to the terms and conditions of this WORK AUTHORIZATION AND AGREEMENT.

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Advanced Pro Remediation, a L.L.C                                          Date
Revised 5/13/08

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