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MBMI
<br /> G1:Lcense. DC-0595110/42 ,Y MORTON`BUILDINGS,INC. Date 9/2/2020
<br /> PaOP• 4 of 12
<br /> 252 W Adams, PO.Box 399•Morton,Illinois 61550.0399
<br /> owner's land may have lien rights on owner's land and buildings if not paid.Those entitled to lien rights, in addition
<br /> to the undersigned claimant, are those who contract directly with the owner or those who give the owner notice
<br /> within 60 days after they first perform, furnish, or procure labor, services, materials, plans or specifications for the
<br /> construction.Accordingly, owner probably will receive notices from those who perform, furnish, or procure labor,
<br /> services, materials, plans, or specifications for the construction, and should give a copy of each notice received to
<br /> the mortgage lender, if any. Claimant agrees to cooperate with the owner and the owner's lender, if any. to see that
<br /> all potential lien claimants are duly paid.
<br /> Wisconsin Statute, Section 779.02(2)(a): https:l/docs.legis.wisconsin.gov/statutes/statutesl779/1/02
<br /> Page 3 item number 6 is removed.
<br /> Page 4 Item number 9 is changed to: Morton shall be excused for any delay in completion of the agreement
<br /> caused by acts of God, acts of owner, or owner's agents, employees or independent contractors, inclement
<br /> weather, acts of public utilities, public bodies,or inspectors(but not related to possible defects in Morton's
<br /> performance);changes requested by Owner; or other contingencies unforeseen by Morton and beyond its
<br /> reasonable control ("Force Majeure Events"). Owner acknowledges the approximate Delivery Date on this Order
<br /> may change as a result of Force Majeure Events and agrees to accept delivery of materials at any reasonable time
<br /> after the Order has been placed on shipping schedule if the delay is the result of Force Majeure Events.
<br /> Page 4 item number 11 is changed to: Either party may terminate this agreement if the other party is in
<br /> default hereof and fails, after receipt of written notice and seven (7) days to cure, to cure the default. Owner may
<br /> terminate this agreement for its convenience and without cause upon seven(7)days'advance written notice.
<br /> Owner will be required to pay Morton all costs plus reasonable markup expended in performance of the agreement
<br /> to nate of termination
<br /> Page 4 item number 12 is changed to: Owner may take possession of the building before completion
<br /> provided all payments have been made and Owner has provided proof to Morton of insurance for the building and
<br /> contents. Morton's obligation to provide Builder's Risk insurance ceases upon Owner's occupancy or use if such
<br /> occurs before completion of construction.
<br /> Page 4 item number 13 Is changed to: Morton shall, at its expense, obtain and maintain insurance as set
<br /> forth in Exhibit A. Additionally, Morton's subcontractors shall obtain,with reputable carriers on all their operations
<br /> through completion of project, insurance with appropriate limits and the following coverages:
<br /> a. Workers'compensation(with a waiver of subrogation in favor of Owner)and employer's liability as required
<br /> by law;
<br /> b. Commercial general liability insurance covering all operations; and
<br /> c.Automobile liability insurance, including coverage for all owned, hired and non-owned vehicles;
<br /> d. Morton shall also be responsible for obtaining Broad form Builder's Risk in a sum at least equal to the
<br /> agreed price of the Order and any subsequent change orders.
<br /> Page 5 item number 19 is changed to: This Order(and any change order thereto) may be executed in any
<br /> number of counterparts, and by each of the parties on separate counterparts, each of which,when so executed,
<br /> will be deemed an original, but all of which will constitute but one and the same instrument. Delivery of an
<br /> executed counterpart of this Agreement by fax, email or other electronic means will be equally as effective as
<br /> delivery of a manually executed counterpart of this Order. Facsimile or scanned signatures on this Order and any
<br /> related documents,and digital or electronic signatures where authorized under applicable law, will be fully binding
<br /> for all purposes under this Order, although any documents that are to be recorded must be executed by both
<br /> parties with original signatures.
<br /> Page 5 add these lines:
<br /> 20. The prevailing party in any litigation arising out of this Agreement shall be entitled to recover its
<br /> reasonable attorneys tees trom the non-prevailing party, as determine by the judge in the dispute.
<br /> 21. No changes to the agreement shall be effective absent a change order signed by Owner and Morton.
<br /> Morton waives any claim for additional compensation if it performs additional work without Owner's advance
<br /> written approval pursuant to change order.
<br /> P.
<br /> 41-11311-20200902-13504888-0013-15 2020 Morton Bui!dings. Inc. Owner's Initials
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