General Conditions of Sale

CONSTRUCTION CONTRACT

This Construction Contract (the "Contract" or "Agreement") is made as ___________ (the "Effective Date") by and between _________________ of _________________, _________________, _________________ _________________, and Mike Hoffer Construction LLC of 708 Reynolds Street,, YOUNGWOOD, Pennsylvania 15697.

Mike Hoffer Construction LLC desires to provide Construction services to _________________ and _________________ desires to obtain such services from Mike Hoffer Construction LLC.

THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

1. DESCRIPTION OF SERVICES. Beginning on _______________, Mike Hoffer Construction LLC will provide to _________________ the following services (collectively, the "Services"):

_________________

2. SCOPE OF WORK. Mike Hoffer Construction LLC will provide all services, materials and labor for the construction of _________________ described above at the property of _________________ located at: _________________, _________________, _________________, _________________ hereinafter referred to as ("Worksite").

This includes building and construction materials, necessary labor and site security, and all required tools and machinery needed for completion of construction.

Mike Hoffer Construction LLC is only responsible for furnishing any building improvements related to construction of the structure, but not related to landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically agreed to in writing.

3. COMPLIANCE WITH LAWS. Mike Hoffer Construction LLC shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act.

4. WORK SITE. _________________ warrants that _________________ owns the property herein described and is authorized to enter into this contract. Prior to the start of construction, _________________ shall provide an easily accessible building site, which meets all zoning requirements for the structure, and in which the boundaries of _________________'s property will be clearly identified by stakes at all corners of the property. _________________ shall maintain these stakes in proper position throughout construction.

5. MATERIALS AND/OR LABOR PROVIDED. Mike Hoffer Construction LLC shall provide to _________________ a List of each and every party furnishing materials and/or labor to Mike Hoffer Construction LLC as part of the Services, and the dollar amounts due or expected to be due with regards to provision of the Services herein described. This List of materials and/or labor shall be attached to this Agreement as Exhibit A. Mike Hoffer Construction LLC declares, under the laws of the State of _________________, that this List is a true and correct statement of each and every party providing materials and/or labor as part of the Services herein described.

Mike Hoffer Construction LLC may substitute materials only with the express written approval of _________________, provided that the substituted materials are no lesser quality than those previously agreed upon by _________________ and Mike Hoffer Construction LLC.

6. PAYMENT. Payment shall be made to Mike Hoffer Construction LLC, YOUNGWOOD, Pennsylvania 15697, in the amount of ______ upon completion of the services described in this Agreement.

If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 15 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. _________________ shall pay all costs of collection, including without limitation, reasonable attorney fees.

In addition to any other right or remedy provided by law, if _________________ fails to pay for the Services when due, Mike Hoffer Construction LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Agreement and/or seek legal remedies.

7. TERM. Mike Hoffer Construction LLC shall commence the work to be performed within 30 days of _______________ and shall complete the work on or before _________________, time being of the essence of this contract.

Upon completion of the project, _________________ agrees to sign a Notice of Completion within ten (10) days after the completion of the contract. If the project passes its final inspection and _________________ does not provide the Notice, Mike Hoffer Construction LLC may sign the Notice of Completion on behalf of _________________.

8. PERMITS. _________________ shall obtain all necessary building permits. Mike Hoffer Construction LLC shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work, the cost thereof shall be included as part of the Payment to Mike Hoffer Construction LLC under this Contract.

9. INSURANCE. Before work begins under this Contract, Mike Hoffer Construction LLC shall furnish certificates of insurance to _________________ substantiating that Mike Hoffer Construction LLC has placed in force valid insurance covering its full liability under the Workers' Compensation laws of the State of _________________ and shall furnish and maintain general liability insurance, and builder's risk insurance for injury to or death of a person or persons, and for personal injury or death suffered in any construction related accident and property damage incurred in rendering the Services.

10. CONFIDENTIALITY. Mike Hoffer Construction LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Mike Hoffer Construction LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to _________________. Mike Hoffer Construction LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

Upon termination of this Contract, Mike Hoffer Construction LLC will return to _________________ all records, notes, documentation and other items that were used, created, or controlled by Mike Hoffer Construction LLC during the term of this Contract.

11. INDEMNIFICATION. With the exception that this Section shall not be construed to require indemnification by Mike Hoffer Construction LLC to a greater extent than permitted under the public policy of the State of _________________, Mike Hoffer Construction LLC may agree to indemnify _________________ against, hold it harmless from and defend _________________ from all claims, loss, liability, and expense, including actual attorneys' fees, arising out of or in connection with Mike Hoffer Construction LLC's Services performed under this Contract. This indemnity shall be provided even if _________________ is partly responsible for the claim, damage, injury or loss, but Mike Hoffer Construction LLC shall not provide indemnity against claims or losses deemed to be caused by the negligence, willful misconduct, or breach of contract of _________________ or _________________'s agents or employees.

12. WARRANTY. Mike Hoffer Construction LLC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Mike Hoffer Construction LLC's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Mike Hoffer Construction LLC on similar projects. Mike Hoffer Construction LLC shall construct the structure in conformance with the plans, specifications, and any breakdown and binder receipt signed by Mike Hoffer Construction LLC and _________________.

13. FREE ACCESS TO WORKSITE. _________________ will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. Mike Hoffer Construction LLC will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. Mike Hoffer Construction LLC also agrees to keep the Worksite clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards.

14. UTILITIES. _________________ shall provide and maintain water and electrical service, connect permanent electrical service, gas service or oil service, whichever is applicable, and tanks and lines to the building constructed under this Agreement after an acceptable cover inspection has been completed, and prior to the installation of any inside wall cover. _________________ shall, at _________________'s expense, connect sewage disposal and water lines to said building prior to the start of construction, and at all times maintain sewage disposal and water lines during construction as applicable. _________________ shall permit Mike Hoffer Construction LLC to use, at no cost, any electrical power and water use necessary to carry out and complete the work.

15. INSPECTION. _________________ shall have the right to inspect all work performed under this Contract. All defects and uncompleted items shall be reported immediately. All work that needs to be inspected or tested and certified by an engineer as a condition of any government departments or other state agency, or inspected and certified by the local health officer, shall be done at each necessary stage of construction and before further construction can continue. All inspection and certification will be done at _________________'s expense.

16. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

17. REMEDIES. In addition to any and all other rights a party may have available according to law of the State of _________________, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have 0 days from the effective date of said notice to cure the default(s) or begin substantial completion if completion cannot be made in 0 days. Unless waived by a party providing notice, the failure to cure or begin curing, the default(s) within such time period shall result in the automatic termination of this Contract.

18. ENTIRE AGREEMENT. This Contract contains the entire Agreement of the parties, and there are no other promises or conditions in any other contract or agreement whether oral or written concerning the subject matter of this Agreement. Any amendments must be in writing and signed by each party. This Agreement supersedes any prior written or oral agreements between the parties.

19. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

20. AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by each party.

21. GOVERNING LAW. This Agreement shall be construed in accordance with, and governed by the laws of the State of _________________, without regard to any choice of law provisions of _________________ or any other jurisdiction.

22. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

23. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

24. ASSIGNMENT. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

25. SIGNATORIES. This Agreement shall be signed by _________________ and on behalf of Mike Hoffer Construction LLC by Mike Hoffer (Contractor's License: 027642) and shall be effective as of the date first written above.