GENERAL TERMS AND CONDITIONS FOR MAT RENTAL, LEASE, AND SALE

Below are General Terms and Conditions for Gulf Coast Mats & Equipment, LLC’s industrial site access products and services.

Updated as of November 18, 2025

Company: Throughout the entirety of this document (“Terms and Conditions”), the term “Company” shall be understood to refer to Gulf Coast Mats & Equipment, LLC, also known as GCM, as identified on associated quotes (“Quotation”).

Customer: Throughout the entirety of these Terms and Conditions, the term “Customer” shall be understood to refer to the entity or person receiving mats and/or Construction Services, as identified in the Quotation or other ordering document.

Agreement: The Quotation, these Terms & Conditions, and any attachments, hereto represent the entire agreement between Company and the Customer with respect to the purchase, lease or rental of the mats and/or the execution of Construction Services, and supersedes any prior oral or written agreements or discussions; may not be modified or amended unless in writing and signed by authorized representatives of each of the parties; and may not be assigned by Customer without the prior written consent of the Company, which consent may be withheld in the Company’s sole discretion. This Agreement shall commence the earlier of 1) the day that the first mat is delivered to the Customer ship-to-location or the jobsite or 2) the commencement of any Construction Services. The Agreement shall remain in effect until the later of 1) the day that the last mat(s) is returned to the Company or the Customer has met all obligations with respect to damaged and unreturned mats and 2) the ending of any field Construction Services including payments to the Company for such services. Unless specifically incorporated in a writing signed between the parties, any terms and conditions of a Customer purchase order or other writing are expressly rejected and shall not be considered part of the terms and conditions of this Agreement between the Company and the Customer, regardless of whether Company commences performance or accepts payment. Company’s acceptance of any purchase order is expressly conditioned upon Customer’s assent to these Terms and Conditions.

Quote Confidentiality: Quotations issued by the Company including all terms and conditions contained therein are confidential. Customer hereby agrees to hold the Quotation including all terms and conditions as confidential information. Customer will not share this confidential information with third parties without the prior written consent of the Company. Any unauthorized disclosure by Customer shall result in liquidated damages of $50,000 per occurrence, which amount the parties agree represents a reasonable estimate of the Company’s actual damages which would be difficult to calculate with precision. This liquidated damages provision is not a penalty but a genuine pre-estimate of damages. The Company may also seek injunctive relief and any other remedies available at law or in equity.
Quote Expiration: Quotations are valid for only ten (10) business days from the date of the Quotation except for mat rentals and freight which are to be confirmed at the time of an order. Company reserves the right to revoke or modify any Quotation at any time prior to Customer’s acceptance and the Company’s written confirmation of such acceptance.

Sales Taxes: The Customer will pay all applicable federal, state, and local sales, use, excise, and other taxes, duties, and governmental charges related to the purchase or rental of mats, freight, and Construction Services. If Company is required to pay any such taxes, Customer shall promptly reimburse Company upon presentation of documentation. Customer shall provide Company with valid tax exemption certificates if claiming any exemption.

Indemnification:

The Customer shall defend, indemnify and hold Company, its affiliates, and their respective owners, directors, officers, employees, agents, and representatives harmless from and against any and all claims, proceedings, judgments or orders (judicial or administrative), liens, security interests, liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and costs of investigation and defense), penalties, fines, forfeitures or seizures (collectively, “Damages”) that the Company or any indemnified party may sustain or be subjected to, to the extent directly or indirectly caused by:

(a) any damage to or loss of the mats while in the Customer’s possession, custody, or control due to any cause whatsoever, including, without limitation, collision, fire, lightning, theft, vandalism, misuse, abuse, explosion, flood, windstorm, act of god, or any other cause whether or not within Customer’s control; (b) any injury to or death of any person (including third parties and any employee, contractor, agent, or invitee of Customer) or any damage to property (including property of third parties) arising out of, resulting from, or in connection with the Customer’s possession, use, operation, transportation, or the condition of the mats; (c) the failure, actual or alleged, of the Customer to properly use, operate, maintain, store, or return the mats as provided under this Agreement and in compliance with any applicable laws, regulations, or industry standards; (d) any act or omission (whether negligent, grossly negligent, willful, or otherwise) of the Customer, its employees, agents, representatives, contractors, or subcontractors; and (e) any violation of applicable laws, regulations, or permits by Customer in connection with the mats or this Agreement. The Customer’s indemnification obligations under this Section shall survive the termination or expiration of this Agreement and shall apply regardless of whether the Damages arise in whole or in part from the alleged negligence of the Company.

Liability: In no event will either party be liable to the other party or its affiliates, or its or their respective owners, directors, officers or employees, (if any) for special, indirect, incidental, punitive, exemplary, or consequential damages (including but not limited to lost profits, damage to goodwill, work stoppage, loss of business, or loss of data), whether based on the use or possession of the mats or Construction Services, and regardless of the theory of liability (whether in contract, tort, strict liability, or otherwise), even if such party has been advised of the possibility of such damages. The Customer agrees that this limitation of liability will not affect, limit or apply to: (i) any minimum rent period guaranty, (ii) payment obligations for damaged or lost mats, (iii) Customer’s indemnification obligations under this Agreement, (iv) breaches of confidentiality obligations, (v) Customer’s obligations to pay rent, fees, taxes and other charges, (vi) claims for fraud, willful misconduct or gross negligence, or (vii) any other payment obligations expressly set forth in this Agreement. The aggregate liability of the Company to the Customer for any and all claims arising out of or related to this Agreement or any project or job hereunder will not exceed the lesser of (i) the total amounts actually paid by Customer to the Company for the specific project or job giving rise to the claim, or (ii) $100,000.

Failure to Perform: Company’s failure to perform its obligations hereunder shall be excused to the extent and for the period of time such nonperformance is caused by an event of force majeure, including but not limited to war, invasion, fire, explosion, flood, earthquake, riot, strikes, labor disputes, acts of God, acts or threatened acts of terrorism, pandemic, epidemic, quarantine, energy shortage, material supply chain interruption, inability to obtain materials or equipment, acts of government, its agencies or instrumentalities, or any other contingencies or causes beyond Company’s reasonable control, whether or not similar to the foregoing. Company shall provide Customer with prompt written notice of any force majeure event, including a description of the event and its expected duration, and shall use commercially reasonable efforts to mitigate the effects and resume performance. If a force majeure event continues for more than sixty (60) days, either party may terminate this Agreement upon written notice to the other party, provided that Customer shall remain liable for all amounts due through the date of termination. During any force majeure event affecting mat rental, Customer shall continue to pay rent for mats in Customer’s possession.

Payments: Company will submit invoices and Customer will pay such invoices within thirty (30) days after the invoice date. Any payments not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month (18% per annum) or the maximum rate permitted by law, whichever is less, from the date due until paid in full. Failure to make a timely payment shall be an event of default. Company reserves all rights and remedies in the event of default, including without limitation the right to: (i) immediately remove mats from Customer’s possession at Customer’s expense; (ii) declare all future rent immediately due and payable; (iii) terminate this Agreement; (iv) pursue any and all legal and equitable remedies; and (v) recover all costs of collection including reasonable attorneys’ fees. Customer shall remain liable for all rent and other charges through the date the mats are actually returned to and accepted by Company at Company’s designated facility in accordance with the return procedures specified by Company, and for all damages to or loss of the mats. Mats shall not be deemed returned until physically received and inspected by Company at Company’s facility. Customer bears all risk of loss and damage until mats are accepted by Company. Customer shall also be liable for all costs incurred by Company in exercising its remedies, including but not limited to repossession costs, storage fees, refurbishment costs, and lost rental income during the period the mats are unavailable for rental to other customers.

Notices: If either party is required or permitted to send the other party any notices, such notices shall be in writing and sent to the other party at its last business address by (i) electronic mail or facsimile, (ii) registered or certified mail, postage prepaid, return receipt requested, or (iii) by private overnight delivery service. Notices shall be effective upon receipt.

Governing Law: This Agreement shall be construed and enforced according to the laws of the state of Texas, without regard to its conflicts of law provisions. For any disputes between the parties arising out of or resulting from this Agreement, the Customer irrevocably submits to the exclusive jurisdiction and venue for such disputes in either the state or federal courts located in Harris County, Texas, and waives any objection to such jurisdiction or venue, including without limitation any objection based on forum non conveniens. In the event of any legal action, the prevailing party in such action shall be entitled to be reimbursed for its costs and fees (including reasonable attorneys’ fees) incurred in such action.

MAT RENTAL AND LEASE

Mat Availability: GCM Quotations are subject to availability of mats.

Rental Term: Mat rent shall commence the day that mats are delivered to the jobsite and shall continue until the later of the date the mats are physically returned to and accepted by the Company at Company’s designated location or the date that all payments for damaged and unreturned mats, including any applicable late fees and interest, have been received in full by the Company. Company reserves the right to terminate the rental term early upon notice to the Customer.

Freight and Mat Rent: Amounts for freight and mat rent included in Quotations are provided only as an estimate. Final freight values and rental rate for mats will be verified with Customer at the time the order is confirmed. Customer agrees to pay the actual costs for freight and mat rent as invoiced by Company, which may differ from the estimated amounts. If Customer objects to the final amounts, Customer must provide written notice within three (3) business days of receiving the confirmation, or such amounts shall be deemed accepted.

Delivery and Return of Mats: When the Customer is responsible for cost of mat delivery or mat return, the Company shall invoice the Customer for delivery and return of the mats. Such costs shall include, but are not limited to, freight charges, detention fees or penalties and loading fees. In the event the Company agrees that the mats may be relocated from the original location to another location of the Customer’s choosing, the Customer shall pay all costs for such relocation and the Customer remains responsible for such mats including all payment obligations.

Damaged Mat Liability and Compensation: The Customer agrees to be responsible for, and assumes strict liability for, any and all damage, loss and/or destruction to any mats, while such mats are in Customer’s or its subcontractors’ or agents’ possession, custody, or control except for damage caused solely by ordinary wear and tear as determined by Company in its sole discretion. As applicable, Customer agrees to pay to the Company: (i) the actual cost to repair any damaged mats while in the possession of, and used by, the Customer (except for any damage solely and directly caused by the gross negligence or willful misconduct of the Company), plus any costs for inspection, transportation, and loss of rental revenue during the repair period, or (ii) the full replacement cost of such mats as determined by Company’s then-current pricing for mats that are lost, stolen, destroyed or damaged beyond repair (including chemical contamination, excessive wear, or structural damage rendering the mat unsafe or unsuitable for rental), while in the Customer’s possession. Company shall have sole discretion to determine whether mats are repairable or damaged beyond repair. All payments under this provision shall be due within ten (10) days of Company’s invoice. Regardless of any rent or lease payments made as contemplated herein, the mats always shall remain exclusively the property of the Company.

Use of the Mats: During the Rental Term, the Customer shall use the mats only in accordance with the intended purposes made known to and accepted by the Company and in compliance with all applicable laws, regulations, and ordinances. Without the prior written consent of the Company, the Customer shall retain the mats in its possession, shall not relocate the mats to any other location, and shall not permit the mats to be used or possessed by any third party other than subcontractors of the Customer expressly approved in writing by the Company. At all times during the Rental Term, title to the mats shall remain exclusively in the Company, and the Customer shall keep and maintain the mats free of all liens, claims, security interests and encumbrances whatsoever. Upon the request of the Company the Customer shall, at Customer’s sole cost and expense, promptly obtain and deliver to Company written waivers and subordination agreements (as appropriate) of any Customer lenders, landlords or other counterparties in order to ensure no claims are made by such lenders, landlords or other counterparties against the title or value of the mats while in the possession of the Customer. Customer’s failure to provide such waivers within ten (10) business days of Company’s request shall constitute a material breach of this Agreement. Customer hereby grants to Company the right to enter Customer’s premises to inspect, remove and repossess the mats at any time upon reasonable notice, or immediately upon any breach of this Agreement.

Mat Inspection: The Customer agrees to inspect the mats within 48 hours of delivery and to provide written notice to the Company within such 48-hour period in the event such inspection determines any non-conformance of the mats to the terms of the Agreement. Failure to provide written notice of non-conformance within 48 hours shall constitute Customer’s acceptance of the mats as conforming and in good condition, and Customer shall have no right to later claim any pre-existing defects or non-conformance. The Company shall have the right to inspect the mats while in the possession of the Customer at any time upon reasonable notice during normal business hours, or at any time without notice if Company has reasonable grounds to believe the mats are at risk or being misused. Customer shall provide Company and its representatives full access to the mats and the project site for such inspections.

 Liability Insurance:

1. The Customer agrees to obtain comprehensive general liability insurance, covering any damage to, or loss or theft of the mats while in the possession of, and used by, the Customer, and in the event of any personal injury or property damage claims relating to the mats while in Customer’s possession.
2. Prior to delivery of any mats and as a condition precedent to Company’s performance under this Agreement, the Customer shall furnish to the Company a certificate of insurance evidencing the foregoing coverage in amounts and with insurance companies rated A- VII or better by A.M. Best and reasonably approved by the Company, and naming the Company, its affiliates, officers, directors, employees, and subsidiaries, as additional insureds and loss payees with respect to all applicable coverages. Such insurance shall be primary and non-contributory to any insurance carried by Company. Such insurance shall provide for no less than thirty (30) days prior written notice to the Company for any termination, cancellation, material change, or non-renewal of such coverages. Customer shall provide updated certificates of insurance upon any renewal or change in coverage. Customer’s failure to maintain required insurance or provide required certificates shall entitle Company to suspend performance and/or terminate this Agreement without liability.

Shipping Requirements: GCM requires 80,000 pounds haul routes suitable for the scope of work and over the road trucks.

Safe Transportation: Prior to the return of the mats and in accordance with all applicable local, state, and federal laws, regulations and ordinances, the party that is responsible for loading and transporting the mats at the end of the project shall ensure the mats are properly cleaned, inspected, and in such condition that they are safe for transport and free of loose debris, contaminants, hazardous materials, or any substances that could pose a risk during transportation or to Company’s personnel upon receipt. If Company determines that returned mats are not in safe condition for transport or receipt, Customer shall be responsible for all costs associated with cleaning, decontamination, special handling, and any resulting delays in return, and rental charges shall continue to accrue until the mats are returned in acceptable condition. Customer shall indemnify Company against any claims, damages, or penalties arising from the condition of mats during or after return transportation.

Subletting: The Customer shall neither sublet the mats, nor assign its rights under the Agreement without the Company’s prior written consent, in which event the Customer’s obligations under the Agreement shall continue in full force and effect and, in the case of assignment to another party, Customer shall remain liable for the performance of such obligations jointly and severally with the assignee. Any other type of assignment without the written consent of the Company shall be void and of no force or effect.

Warranty: The Company hereby warrants to the Customer, with respect to the mats, that at the time of installation of the mats:

1. The Company either has good and marketable title to the mats shipped to the Customer hereunder or has full rights to provide the mats to the Customer.
2. The mats shall conform to Company specifications as set forth in the applicable Quotation.
3. The mats will not infringe the intellectual property rights of any third party.
4. Company will use commercially reasonable efforts to deliver mats to the Customer per the Customer’s requirements. However, Company will not be liable for any damages, delays, or losses associated with mat deliveries by a third-party carrier, including but not limited to damages caused by the carrier’s negligence, delays in transit, or loss of materials. Customer acknowledges that Company does not control third-party carriers and agrees to pursue any claims directly against such carriers.

THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, AND WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SALE, RENTAL OR LEASE OF THE MATS IS MADE ON AN “AS IS” BASIS EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN.

CONSTRUCTION SERVICES

Construction Services: The installation or removal of mats, or any associated typical construction activities associated with site access, as specifically described in the Company quotation. The scope of Construction Services is strictly limited to those services expressly set forth in the Company quotation, and Company shall have no obligation to perform any services not specifically identified therein. Company quotation shall specify the Construction Services agreed to between the parties, if any, and shall be incorporated into this Agreement by reference.

Company shall furnish all supervision, labor, materials, tools, equipment and supplies reasonably necessary for the performance and completion of the Construction Services as specified in the Company quotation. Customer shall be responsible for providing adequate site access, utilities, and any site-specific requirements not expressly included in the Company quotation. Any additional materials, equipment, or services requested by Customer beyond the scope of the quotation shall be provided at Customer’s expense pursuant to a written change order.

It is understood and agreed by and between the Customer and Company that the Construction Services will be conducted such that the Company will cooperate and coordinate with the Customer and others at the project to reasonably comply with the specifications applicable to the Construction Services as set forth in the Company quotation. Customer acknowledges that Company’s ability to perform the Construction Services is dependent upon Customer’s timely provision of accurate information, site access, and coordination with other contractors. Company shall not be liable for delays or additional costs resulting from Customer’s failure to provide such cooperation or from interference by other contractors at the project site.

Company agrees to perform the Construction Services in a workmanlike manner in accordance with generally accepted industry standards and practices for similar services in effect at the time the Construction Services are performed. This standard of performance shall be Company’s sole obligation with respect to the quality of the Construction Services, and Customer acknowledges that Company makes no guarantee of any specific result or outcome.

Customer shall designate one or more persons who shall be Customer’s authorized representative on-site and off-site. Such authorized representative(s) shall be the only person Company shall contact for instructions, orders, and directions.

Company shall designate one or more persons who shall be Company’s authorized representative(s) on-site and off-site. Such authorized representative(s) shall be the only person(s) to whom Customer may communicate regarding instructions, orders, and directions, except in an emergency.

Company agrees and understands that (i) Construction Services will be performed as an independent contractor, that no relationship exists as employer and employee between Customer and Company or Company’s employees and other personnel, and that Company and its employees and other personnel will not be eligible to participate in any benefits extended by Customer to its employees, (ii) that Customer shall have no liability or payment obligation with regard to social security taxes or applicable disability, unemployment, Workers’ compensation and similar insurance, all of which shall be borne and be the responsibility of Company, and (iii) Company is responsible for timely satisfying any federal, state and local employment-related expenses and filings, and taxes and employee insurances.

Nothing contained herein shall be construed as establishing a partnership, agency, employment, or joint venture between the parties. Company shall have no authority to bind Customer by any promise or representation unless specifically authorized to do so in advance, and in writing, by Customer.

Late Payments or Non-Payment: Company shall have the right to suspend performance immediately upon written notice if Customer fails to pay any amount not disputed in good faith and properly due under this Agreement. Late payments shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by Texas law, whichever is less. Late payments are an event of default of this Agreement and Company reserves all rights and remedies in the case of default, including but not limited to the right to terminate this Agreement, remove all mats and equipment from the site, and pursue collection of all amounts due plus reasonable attorneys’ fees and costs. Customer shall also be liable for any costs incurred by Company in suspending and resuming performance.

Company shall comply in all material respects with all federal, state, and local statutes, regulations, laws, ordinances, or orders applicable to the employment of labor on or in connection with the Construction Services. Customer shall comply in all material respects with all federal, state, and local statutes, regulations, laws, ordinances, or orders applicable to the project site, including but not limited to environmental, safety, and permitting requirements. Each party shall indemnify and hold harmless the other party from any claims, damages, or penalties arising from such party’s failure to comply with applicable laws.

Customer and Company shall abide by the requirements of 41 C.F.R. 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. Contractor and Subcontractor shall abide by the requirements of 41 C.F.R. 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

Safety:

1. Company shall ensure that at all relevant times it has a Company safety compliance program in place and will use commercially reasonable efforts to comply in all material respects with health, safety, and environmental programs of Customer as provided in writing by Customer to Company at least ten (10) business days prior to commencement of Construction Services. Customer’s safety programs must be reasonable and consistent with industry standards. Company shall not be responsible for compliance with Customer safety requirements that were not provided to Company in writing at least ten (10) business days prior to commencement of Construction Services, or that are inconsistent with applicable law, industry standards, or Company’s own safety protocols.
2. Company shall take commercially reasonable safety precautions with respect to performance of the Construction Services in accordance with industry standards. Company shall comply with reasonable safety measures initiated by Customer and provided to Company in writing, and with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons or property. Customer shall be responsible for safety conditions at the project site not created by Company, including but not limited to site access, the work of other contractors, and pre-existing hazardous conditions. Customer shall indemnify, defend, and hold Company harmless from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to site conditions not solely created by Company or the acts or omissions of other contractors, Customer’s personnel, or any third parties at the project site.
3. Company shall report to Customer any material accidents at the project involving Company’s personnel or equipment within seventy-two (72) hours of Company becoming aware of such accident, provided that accidents resulting in fatalities or serious bodily injury shall be reported within forty-eight (48) hours. Customer shall promptly report to Company any accidents at the project involving Company’s mats or equipment within twenty-four (24) hours of Customer becoming aware of such accident. Each party shall reasonably cooperate with the other in investigating any accidents and shall provide reasonable access to relevant information and personnel, subject to applicable legal privileges, confidentiality obligations, and privacy laws. Neither party shall be required to disclose information that is subject to attorney-client privilege, work product doctrine, or that would violate applicable law.
4. Company shall not be responsible for preexisting hazardous materials or, unless expressly included as part of the Construction Services in the Company quotation, any pre-existing site conditions, including but not limited to soil conditions, underground utilities, environmental contamination, or structural deficiencies. Customer represents and warrants that it has disclosed to Company all known hazardous materials and adverse site conditions. If Company encounters undisclosed hazardous materials or adverse site conditions, Company may immediately suspend performance without liability and shall be entitled to an equitable adjustment in the contract price and schedule, including all costs incurred due to the suspension and any demobilization and remobilization costs. Company shall provide written notice to Customer within forty-eight (48) hours of encountering such conditions. Customer shall indemnify, defend, and hold Company harmless from any and all claims, demands, losses, damages, liabilities, penalties, fines, costs and expenses (including reasonable attorney’s fees, expert witness fees and court costs) arising from, related to or in connection with preexisting hazardous materials undisclosed site conditions or any breach of Customer’s representations and warranties in this paragraph. This indemnification obligation shall survive the termination or expiration of this Agreement.

Termination: Either party may terminate this Agreement for its own convenience, in whole or in part, upon no less than thirty (30) days advance written notice to the other party. Customer shall compensate Company for all work performed, materials purchased, and commitments made through the effective date of termination, plus reasonable demobilization costs. In such event, Customer shall pay Company: (a) all costs incurred by Company in the performance of the Construction Services through the effective date of termination, including reasonable and normal overhead and profit margins on completed portions of the Services; and (b) all reasonable costs and expenses incurred in connection with termination, including but not limited to demobilization costs, return freight for mats, restocking fees, cancellation charges for materials or equipment ordered for the project, labor costs for demobilization, and costs to return the site to a safe condition. Payment shall be due within thirty (30) days of Company’s submission of an invoice for same.

Schedule: The Company quotation shall set forth the initial schedule for Construction Services. Company will use commercially reasonable efforts to execute Construction Services in accordance with the schedule set forth in the Company quotation. Any modifications to the schedule requested by Customer must be submitted in writing and are subject to Company’s written acceptance. Company will use commercially reasonable efforts to accommodate Customer’s modified schedule requirements that are accepted by Company in writing, but any such modifications may result in adjustments to the contract price and schedule. Company shall not be liable for any damages, including but not limited to consequential, incidental, or indirect damages, associated with any failure to meet schedule dates, whether original or modified. Customer acknowledges that schedule dates are estimates and may be affected by factors beyond Company’s reasonable control, including but not limited to weather, site conditions, acts of Customer or third parties, and force majeure events.

Warranties: Company warrants that the Construction Services will be performed in a workmanlike manner in accordance with industry standards and in material compliance with this Agreement. This warranty shall remain in effect from the date of commencement of the Construction Services until the date of completion of the Construction Services (the “Warranty Period”). Should Customer discover any defect in workmanship of the Construction Services and notify Company of such defect in writing during the Warranty Period, Company shall remedy such defect at its own expense within a reasonable period of time or, if it determines in its sole discretion, Company may refund Customer for the portion of the Construction Services that it agrees was defective. The obligation to remedy or refund for defects in workmanship under this provision shall be the sole and exclusive remedy available to Customer under this Agreement or otherwise with respect to any warranty claim or breach of warranty. CUSTOMER WAIVES ANY AND ALL OTHER REMEDIES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER INDIRECT DAMAGES.

Exclusive Remedy: The warranty in this Article is the only warranty made by Company and is the exclusive remedy of Company for any breach of warranty. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

Additional Conditions Involving Specialty Products

GCM Equipotential Zone Mats: Equipotential Zone (“EPZ”) mats will be placed and removed only by GCM employees or representatives authorized by GCM in writing. EPZ mats will be placed at the location identified by the Customer. The Customer will provide direction to GCM as it relates to the installation of electrical connectors between adjacent mats that will create a fully networked work pad. The Customer will make the grounding connection(s) of the EPZ work surface, and the grounding of the equipment to be operated on the EPZ work surface. GCM will not conduct any on-site testing of the conductivity or connectivity of the EPZ mats. The Customer will be responsible for replacement costs associated with damage to or for the replacement cost of any unreturned EPZ mats. GCM will determine replacement costs.

Cross Bridge Systems (“Bridge”): Only Company employees can install, move, and remove a Bridge. The Customer agrees to inspect the installation of the Bridge by the Company and accepts responsibility for all construction and transportation related activities involving the use of the Bridge after acceptance including but not limited to any damage, loss, misuse, or theft of the Bridge. The Customer will only use the Bridge for the purposes as advised to the Company and will not permit others to sublease or use the Bridge without the prior written consent of the Company. Customer will advise the Company of any damage or loss incurred involving the Bridge within 48 hours of such incident.