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shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repeating any such breach unless the waiver expressly includes future occurrences of a similar nature. This Agreement may only be modified in writing signed by each party. * Builder shall have no liability and shall be excused from its obligations under this Agreement if performance is delayed or prevented by Acts of Nature, fire, explosion, war, terrorist attack (or threat thereof), earthquake, natural disaster, weather conditions, inability to access the Site, riot, strike or labor dispute, governmental laws, orders, or regulations, public health emergency, failure of transportation, communication or other systems or networks, failures or delays by the manufacturer of the Building, or other force majeure events or causes beyond Builder’s control. « This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to principles of conflicts of laws. © Any claims, disputes, and other matters in controversy between Builder and Client arising out of or relating to this Agreement, or the breach thereof, shall be resolved solely within a court of competent jurisdiction located within the geographic boundaries of the U.S. District Court for the Western District of New York. * This Agreement may be executed in counterparts, each of which shall be an original, and when taken together such counterparts shall constitute one original agreement. Any signature of a party to this Agreement may be delivered by facsimile transmission or transmission in portable document format, and if so delivered such signature shall create a valid and binding obligation of such party with the same force and effect as if such signature were an original thereof. HYBRID BUILDING SOLUTIONS, LLC Builder Name Builder Signature Title Date Client Name Client Signature Title Date