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a ™~ HYBRID BUILDING SOLUTIONS 850 Main Road, Corfu, New York 14036 Office: 716-741-7416 Fax: 716-706-1403 www.hybridbuildingsolutions.com Certified WBE Hybrid Building Solutions, LLC (“Builder”), and Town of Aurora (“Client”), are entering into this agreement (this “Agreement”) this 13 day of February, for the purpose of establishing the provisions of procuring and installing a 72’ x 100’ Calhoun HT Series salt storage building (the “Building”) to be located at (the “Site”). Client agrees to the price based on their checkmark, initial, and date noted on Addendum 1 attached hereto. Client agrees to the color of the Building based on its selection, initials, and date noted on Addendum 1. Client acknowledges and agrees that the actual color of the Building may vary due to a variety of factors such as the color reproductions not being precise, and in particular if an image or sample was viewed on a computer or mobile device. Accordingly, the actual Building color may vary or appear different than the image or sample, as Builder cannot guarantee that the image or sample is an exact representation of the Building color that will be delivered by the manufacturer. Accordingly, Builder shall have no liability relating to any color variations. Pursuant to Client’s choice as indicated on Addendum 1, Builder agrees that it will procure and install the Building at the Site. The original specifications by Client and the proposal documents submitted by Builder are incorporated herein by reference and made a part of this Agreement, except as specifically modified herein, Client agrees to pay Builder according to the following payment schedule: o 50% due upon commencement of foundation. o 25% due upon building delivery. o 25% upon completion. \f Client fails to make any payment within 30 calendar days of the due date, Client will be liable for interest on the unpaid amount at a rate of 1.5% per month, subject to the maximum permissible by applicable Jaw. Client will also be liable to Builder for all collection costs, including, but not limited to, reasonable attorneys’ and other costs in the event that it takes action to collect payment from Client. Without limiting these or any other remedies available to Builder, Builder is entitled to suspend performance of all services during any period of time during which Client is past due with respect to amounts owed to Builder under this Agreement. If circumstances beyond the reasonable control of Client require that the project be canceled (which shall be the only circumstances under which cancelation by Client is permitted), Client