APPENDIX E – BUILDER’S RULES AND REGUALATIONS

APPENDIX E Builder Rules & Regulations for Construction at Wohali

To preserve good order and discipline in the Wohali Community and maintain the preservation of natural areas of Wohali it is critical to the community to have a set of regulations that govern construction. To ensure that natural areas surrounding every home site are preserved to the maximum extent possible and the nuisances inherent in any construction process are kept to a minimum, the following regulations will be enforced during the construction period. An “Owner’s Agent” is defined as any person responsible for representing the Owner’s interests throughout all project phases. Owner and/or Owner’s Agent will be responsible for violations of these Guidelines whether such violation occurs on the owner’s property or elsewhere in the community. Applicable Occupation Safety and Health Act (OSHA) regulations and guidelines must be observed at all times during construction.

1. Preconstruction Conference a. Owner and/or Owner’s Agent must schedule and attend a Preconstruction Conference with the Design Review Board (DRB), prepared with a Construction Site Plan which details access points for the construction, parking (including showing parking capacity designed to accommodate construction vehicles such that all will be off of the road), concrete washout locations, portable sanitation location and identified smoking areas. Prior to site disturbance, trees and all natural areas which are to be preserved must be marked and protected by flagging, fencing or barriers. The DRB has the right to flag major terrain features, trees or plants it deems should be protected. In preparing the Construction Site Plan, access can be scheduled with a Wohali representative.

b. A construction schedule will also be required at this meeting detailing the following: Survey (unless accomplished previously) Silt and other Environmental Fencing, Excavation, Grading, Framing inspections, 4-way Inspection, Completion of Exterior (Roof and Exterior Walls), Completion of Landscape, Date of Final Occupancy. Pictures of any construction trailers or portable field office that will remain on site more than 1 night need to be shown at this meeting and approved by the DRB. All trailers and site offices need to have an appearance that is suitable for being a temporary part of this impressive development. The type, size and color of any portable office must be approved so please bring photographs to this meeting. Old, dilapidated, or unsightly by appearance trailers or site offices will be denied.

Upon approval of the building permit and not sooner than two weeks prior to commencement of continuous construction, the construction trailer or portable field office may be located on the building site, clear of all setbacks unless otherwise approved by the DRB. Temporary power and telephone may be installed when the field office is placed on site.

A picture of the intended-for-use trash receptacle that includes a cover must be submitted for approval at this conference as well. Receptacles shall be positioned along the access drive, clear of adjacent road rights-of-way and neighboring properties. Trash receptacles must be emptied on a timely basis to avoid overflow of refuse and disposal must be off site.

c. An Engineered Storm Water Pollution Prevention Plan (SWPPP) is required. If any blasting is anticipated, Engineered Blasting Plan is also required at this meeting. A Fire Danger Plan is also required.

d. A track-out pad is required previous to any concrete or asphalt and must be shown on the plan.

e. The Performance Deposit executed agreement is due at the

Preconstruction Conference.

f. At or prior to the Preconstruction Conference, the Owner and/or Owner’s Agent must submit an executed acknowledgment in the form substantively provided at the end of these Builder Rules &

Regulations, which acknowledges that Owner and Owner’s Agent are bound by the terms and conditions of the rules and regulations set forth herein.

2. Worksite Conditions a. In accordance with the limits of disturbance on the approved site plan, and in addition to silt fence, a 6’ tall temporary, chain link mesh fence is required along the entire limits of disturbance of the project. Where driveways longer than 100’ are required to access the primary limits of disturbance area, green “safety fence” may be substituted in place of the chain link fence for the driveway area only. All fencing must be properly maintained, remain upright and in good condition for the duration of the construction project.

b. Owner and/or Owner’s Agent shall be responsible for supplying and maintaining reasonable sheds and trailer(s), onsite offices as necessary for the storage of materials and equipment pertaining to the Work, securing them will be the responsibility of the Owner and/or Owner’s Agent. The DRB will not be responsible for any lost or stolen materials from Owner and/or Owner’s Agent jobsite and we encourage the Owner and/or Owner’s Agent to carry insurance that protects against such theft.

c. Owner and/or Owner’s Agent shall not cause any unnecessary hindrance or delay to the DRB or to any other Contractor on site and shall bear the cost of all damages done to the work, materials or equipment of the DRB or other Contractor by its employees.

Owner and/or Owner’s Agent will repair all damages to adjoining streets, sidewalks, and premises done by it or its employees and shall be directly responsible to any other Contractor or

Subcontractor whose work is so damaged.

d. Upon entering Wohali property, Owner and/or Owner’s Agent should report directly to their construction site. Owner and/or Owner’s Agent should refrain from leaving their jobsite to access other areas within the Wohali development unless there is a clear and compelling reason to do so. If there is a compelling reason to access another area within the Wohali development, the individual must be accompanied by a the DRB representative.

e. The DRB will bring any damage caused by the Owner and/or Owner’s Agent to their attention including a time frame and schedule of when the damage needs to be repaired. The Owner and/or Owner’s Agent will then agree to expedite the repair using their own resources. If the Owner and/or Owner’s Agent fails to conduct the repair in the timely manner put forth by the DRB, the DRB will provide notice to Owner and/or Owner’s Agent that they are doing the repair including the cost. Within 24 hours of the DRB providing notice to the Owner and/or Owner’s Agent, they can begin the repair. The cost will be deducted from the Performance Deposit, per the Wohali Design Guidelines, will be obligated to replenish the Performance Deposit within 7 days including payment for any excess above the amount of the initial Performance Deposit.

f. The DRB reserves the right to begin repair immediately on damage resulting from negligence of the Owner and/or Owner’s Agent when the DRB feels that, in their best interest and judgement, that waiting to allow the Owner and/or Owner’s Agent to resolve the damage would cause a delay that could either further damage property at

Wohali or impede the progress of the DRB or any other Contractors working within Wohali. At this time, a market appropriate amount will be charged to the Performance Deposit and the Owner will be obligated to replenish the Performance Deposit in addition to paying any amount in excess of the Performance Deposit.

g. Driving across neighboring property or golf property to access the lot of Owner’s project is prohibited unless written approval is received.

h. Owner and/or Owner’s Agent shall at all times enforce strict discipline and good order among its employees and shall not employ

any unfit person or anyone not skilled in the work assigned to such individual.

i. Owner and/or Owner’s Agent shall maintain the areas of work in a safe and orderly fashion and be responsible for the cleanup of the

Work, including any rubbish, crates, etc., accumulated in the performance of the Work, on a daily basis, and also upon

Substantial Completion and Final Completion. It is the responsibility of the Owner and/or Owner’s Agent to remove any packaging, trash, unused materials or faulty materials from the site and dispose using their own means of disposal. The use of the DRB trash bins, dumpsters or haul aways are prohibited. If clean-up is not performed to the satisfaction of the DRB within 24 hours’ notice, the DRB may remove the rubbish etc. and make a deduction from the Performance Deposit. Trash receptable are required to be covered at the end of each day but may remain open during the day.

Owner and/or Owner’s Agent are prohibited from dumping, burying, or burning trash of any kind (including construction and landscaping debris) anywhere on the home site or in Wohali.

All concrete washout from both trucks and mixers must occur within a contained area of the building pad in a location where it will ultimately be removed from the site completely. Concrete washout in road rights-of-way, setbacks or on adjacent properties is strictly prohibited.

j. A cobble track out pad is required on each job site featuring a variety of rock from 6” minus in diameter and installed at least 6” thick over filter cloth. The size of the track out pad to be 16’ X 50’. The intent of the track out pad is to help keep sediments and mud off of roadways. If the design of your track out pad is not accomplishing this purpose in an acceptable way, you will be required to redo the pad. Maintaining the track out pad so it optimally performs is the responsibility of the Owner and/or Owner’s Agent. Owner and/or Owner’s Agent is also responsible for the dust and dirt control from their building site including periodic sweeping for removal of dirt and mud on public roadways.

k. A culvert must be installed to protect the stone lined water way for vehicle passage from roadway onto the driveway such that water can continue to travel parallel to the roadway. Any damage to the stone lined waterway must be repaired by Owner and/or Owner’s Agent in a timely manner and as requested by the DRB.

l. Any damage to soft shoulder of roadway must be repaired by Owner and/or Owner’s Agent in a timely manner and as requested by The

DRB and not left until the end of Construction.

m. Previous to cutting into asphalt road, a road cut permit must be obtained by Owner and/or Owner’s Agent and the means and methods to perform joining new driveway to road approved by the

DRB.

n. All large construction equipment such as cranes, pump trucks, large excavators and other that may impede traffic must also be accompanied by proper traffic control measures. Procedures must be implemented so that the risk of any equipment with tracks or outrigging damaging the roadway is mitigated. You are responsible for repairing any road damage.

o. Sanitation toilets should be, in number, adequate for the number of employees on the job site. They should be located per the plan submitted for the Preconstruction Conference, which shows them located within the building pad in discreet locations. Toilets must be maintained regularly and not odorous due to lack of regular maintenance.

p. It is the Owner and/or Owner’s Agent responsibility to plan for and provide temporary run-off channels to direct water in a way that is least disruptive to the development and preserves the lands outside

of the limits of disturbance as much as possible. During excavation, if cut and fill is necessary, any exposed embankments must be reseeded and mulched within 4 weeks of vegetation stripping.

q. As per the engineered SWPPP, all storm drains running in front of your property and the next drain downstream of your property located on the same side of the road must be protected with straw waddle or rock socks or other appropriate erosion deterrent.

Temporary run-off channels must be built to drain construction zones. In areas draining two acres or less, channels must have silt screens installed at appropriate locations. Silt screens shall be stretched across and anchored to the bottom of the channels with straw waddles placed on the upstream side of the fabric. Where watershed above the site exceeds two acres, temporary earthen berms or ditches for channeling must be used in conjunction with silt screens.

r. All dirt or rock piles must be kept and piled within the limits of disturbance and be no higher than 10 feet in height from native grade unless permission is received from the DRB in writing.

s. Material deliveries or equipment deliveries must be delivered directly to the limits of disturbance and not remain on the street.

At the end of business each day all delivered equipment, machinery and materials must be within the building limits of disturbance.

t. Work can be performed during the hours of 7 a.m. to 6 p.m. every weekday and on Saturdays from 8 a.m. to 4 p.m. All Construction work is prohibited on Sunday. Any work outside of these hours needs to be approved by the DRB. the DRB reserves the right to limit construction activities on Federal and State holidays.

u. The Owner and/or Owner’s Agent is responsible for controlling noise from the Construction site and must do so in a reasonable manner. The sound of radios or other audio equipment used by construction personnel must not be audible beyond the property perimeter of any home site.

v. Following the Preconstruction Conference and until permanent occupancy is granted, the DRB reserves the right to be onsite at any time without any notice to the Owner and/or Owner’s Agent to inspect that the worksite and jobsite performance is being conducted according to this agreement.

w. For the safety of all involved, visitors to job sites are to be kept to a minimum. Children are not allowed on the construction site at any time. All visitors must wear proper PPE as defined by OSHA and check in and check out at the Wohali Security Representative. It is the responsibility of the Owner and/or Owner’s Agent to provide the name of visitors to the Wohali Security Station prior to their arrival.

x. In order for the Owner and/or Owner’s Agent to gain access to the project site, a list of vehicles including make, model and license plate numbers is required previous to their arrival. At any time, the

DRB reserves the right to verify vehicle insurance of Owner and/or

Owner’s Agent.

y. All individuals working on the site must complete the DRB credentialling process which includes an orientation session. This orientation session must be completed prior to working on the site.

3. Signage a. The DRB will provide and install an approved Wohali Standard Construction Sign. It is the Owner and/or Owner’s Agent responsibility to add the approved exterior finishes to this sign including the masonry(s), siding(s), shingle/roofing finish(s) etc. The fee for the sign and the in-ground installation is $2,000 and is payable at the Preconstruction Conference. b. In line with the SWPPP submitted at the Preconstruction Conference, SWPPP details must be included on sign. c. Other than the approved construction signage detailed above, the

Owner and/or Owner’s Agent shall not display on or about the

Project Site any sign, trademark or other advertisements without written approval from the DRB. d. Signs advertising that a site is “available” or “for sale” are prohibited without written approval from the DRB.

4. Before you Dig or Blast a. Owner and/or Owner’s Agent shall be responsible for contacting “811” and for complying with all applicable laws pertaining to utility mark-outs. Owner and/or Owner’s Agent shall be held directly responsible for any costs, fees, penalties, and/or judgments pertaining to any deviation from these rules and regulations and also includes, but is not limited to, any damage caused to any utility line.

b. The Owner and/or Owner’s Agent shall not damage or endanger a portion of the Work or fully or partially completed construction of any work on the Wohali Project by cutting, patching or otherwise altering such construction, or by excavation without written notice and such consent shall not be unreasonably withheld.

c. A minimum of 2 weeks notice is required before blasting. The engineered blasting plan must be approved by the DRB prior to the commencement of blasting. Notice must be accompanied by proof of city approvals and may only be conducted by licensed blasting or demolitions technicians. Proof of blasting companies’ insurance is also required before approval will be granted.

5. Building Codes a. Owner and/or Owner’s Agent expressly warrants it is fully familiar with all applicable and current Federal, State, and Local Building Codes and Regulations, including but not limited to, Building, Environmental, and Fire Codes (collectively, “the Codes”) and that all work shall be in full compliance with the Codes. b. Builders are required to follow Coalville City Standards for all sewer and water connections.

6. Safety a. The DRB is dedicated to providing a safe working environment. The Owner and/or Owner’s Agent must do everything in their power to make sure the job safe for themselves and others. Owner and/or Owner’s Agent shall take all necessary precautions for the safety of its own employees and the employees of other trades and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injuries to persons on, about or adjacent to the premises where the work is being performed, including the erection, where appropriate, of all necessary safeguards.

b. Owner and/or Owner’s Agent warrants and represents that it has read and is knowledgeable of such rules, regulations, requirements and laws, and particularly with the Owner and/or Owner’s Agent provisions and penalties of the Williams-Steiger Act (also known as the Occupational Safety & Health Act, OSHA). In the event that the

DRB or any of it’s entities is charged with a violation of any such rules, regulations, requirements and laws as the result of the Owner and/or Owner’s Agent’s act or failure to act or to conform with such rules, regulations, requirements and laws, Owner and/or Owner’s

Agent agrees to indemnify and hold the DRB harmless from any and all assessed penal sums together with reasonable costs, including attorney’s fees, incurred by the DRB in defending such alleged violations.

c. In the event that an accident does occur, Owner and/or Owner’s

Agent is required to notify the DRB immediately as well as, if requested by The DRB, cooperating fully with The DRB for the completion of an incident report form.

d. If Owner and/or Owner’s Agent has any safety concern, they are directed and encouraged to immediately notify the Wohali

Builder’s onsite Safety Manager.

e. It is the Owner and/or Owner’s Agent responsibility to ensure that each person on the site always properly wear Personal Protective

Equipment (PPE).

f. Owner and/or Owner’s Agent shall designate an appropriate and capable representative to attend the DRB trade and safety meetings on a periodic basis as requested by the DRB.

g. Owner and/or Owner’s Agent shall maintain a complete and accurate SDS (Safety Data Sheets) for all materials required for the construction process or that will be on site and maintain in a book form for quick access. The DRB reserves the right to ask for and inspect the Owner and/or Owner’s Agent SDS book at any time.

h. Due to fire danger, hot work, candles, heaters or open flames are to be supervised at all time and a fire danger plan implemented to extinguish any fires. Small, contained and supervised fires (for heating masonry) may be acceptable if approved in writing. All other onsite fires are prohibited. Each project is required to have at least 1 qty 20 lb. ABC Rated Dry Chemical Fire Extinguisher on site and easily accessible at all time. Owner and/or Owner’s Agent will be liable for any fire that requires extinguishing.

i. No Pets are allowed onsite at Wohali. However service animals are permitted.

j. Any wildlife found on or around the property is to be left alone.

k. Other than cut and fill areas detailed in this document that require more immediate landscape restoration for erosion effects, at the conclusion of the build, all landscape grades and vegetation must be restored with native plants and grasses. 7. Hazardous Materials 1. Owner and/or Owner’s Agent shall during the performance of the Work keep or cause the Project Site to be kept free of Hazardous Materials. “Hazardous Materials” means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law (defined below) or which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors. Without limiting the foregoing, Owner and/or Owner’s Agent shall not during the performance of the Work cause or permit the Project or the Project Site to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials and Hazardous Substances, except in compliance with all applicable federal, state and local laws or regulations, nor shall Owner and/or Owner’s Agent cause or permit, as a result of any intentional or unintentional act or omission on the part of Owner and/or Owner’s Agent a release of Hazardous Materials and Hazardous Substances onto the Project Site or onto any other property. Owner and/or Owner’s Agent shall defend, indemnify, and hold harmless Indemnitees from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of the foregoing.

2. Owner and/or Owner’s Agent shall perform the Work in compliance with and shall not cause or permit the Work to be performed in violation of, Environmental Laws. “Environmental

Laws” means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adapted in the future which are or become applicable to the Work.

3. In the event that (i) Hazardous Materials are detected as a result of the Work in, on, or under the Project Site or (ii) the performance of

the Work by Owner and/or Owner’s Agent causes any existing Hazardous Materials in, on, or under the Project Site to be exposed or migrate within or outside of the Project Site, then Owner and/or Owner’s Agent, shall immediately notify the DRB, and make all the required notifications and implement such remedial response measures as may lawfully be required for such Hazardous Materials by any federal, state or local agency with jurisdiction thereof for such contamination, exposure or migration. The DRB shall not be responsible for costs and expenses of such remedial or response activities performed pursuant to this Section, except to the extent that any such costs or expenses arise from the negligent acts or omissions on the part of Owner and/or Owner’s Agent, which costs shall be borne solely by Owner and/or Owner’s Agent.

8. Workplace Violence.

a. The DRB has a zero tolerance for violent acts or threats of violence against our employees, customers or vendors. We do not allow fighting, threatening words or violence of any kind. Weapons of any kind are strictly prohibited and not permitted on company premises. No Owner and/or Owner’s Agent should commit or threaten to commit any violent act against any the DRB employee, customer, applicant or vendor. This includes discussions of the use of dangerous weapons, even in a joking manner. Any person who is subjected to or threatened with violence by any person, customer or vendor, or is aware of another individual who has been subjected to or threatened with violence, is to report this information to his/her supervisor or manager as soon as possible. The DRB will notify Owner and/or Owner’s Agent immediately of any threats or violence of which they are aware and it is the responsibility of the Owner and/or Owner’s Agent to notify the DRB immediately of any threats or violence of which they become aware. Owner and/or Owner’s Agent agrees to work with the DRB to mitigate and satisfactory resolve all threats and satisfactorily respond to any violence that has occurred including cooperating with law enforcement. All threats should be taken seriously. All threats will be thoroughly investigated, and all complaints which are reported to the DRB will be treated with as much confidentiality as possible.

b. The possession of and/or discharge of a firearms on Wohali

Property is prohibited and is punishable to the fullest extent of the law as well as removal from working on any Wohali project.

9. Photography, Recording Devices and Social Media a. To maintain the security of premises and systems, and the privacy of our employees and customers, the DRB prohibits unauthorized photography, and audio or video recording of its customers, employees, confidential documents, or project (including land or structures) other than relating to the specific lot on which the Owner and/or Owner’s Agent is building. This prohibition includes the use of cell phones, other personal handheld devices as well as drones equipped with cameras and audio and video recording capabilities without written/electronic permission from the DRB.

10. Smoking, Alcohol and Drug Policy a. Owner and/or Owner’s Agent are not allowed to bring alcohol onto the project site.

b. The DRB maintains a zero-tolerance policy for any illegal drugs.

c. At your jobsite, smoking is only allowed at the designated smoking areas identified on the site plan presented at the Preconstruction

Conference. It is the Owner and/or Owner’s Agent’s responsibility to enforce the smoking policy. If this rule is abused, the DRB reserves the right to prohibit smoking. Smoking is not allowed in the DRB buildings, company vehicles or equipment.

11. Subcontractors a. Owner and/or Owner’s Agent agree to require any subcontractors to be bound to the Contractor by the terms of this agreement and to

assume all obligations and responsibilities, including the responsibility for safety of the Subcontractor’s work, which the Owner and/or Owner’s Agent, by this agreement, assumes toward the DRB.

12. Time of Commencement and Completion a. As required by the Architecture and Site Design Guidelines, a schedule will be submitted. In the event that this schedule is not completed, at the discretion of the DRB, a liquidated damages fine can be instituted in the amount of $1,000 per diem. All build jobs must be completed within a maximum of 24 months from the issuance of the permit unless an exception is obtained by the Owner and/or Owner’s Agent from the DRB in writing. A build project is considered complete when permanent occupancy is granted.

b. Once permanent occupancy is granted, the Owner and/or Owner’s

Agent will have a maximum of 6 months (including winter months) to complete fully approved hardscape and landscape plan or a $500 liquidated damages per diem can be assessed to the

Builder and paid by the Performance Deposit.

c. If Owner and/or Owner’s Agent is delayed at any time by circumstances beyond its reasonable control (“Unavoidable Delay”), including but not limited to the acts of other Contractors, the acts or inaction of governmental authorities, the negligent and willful acts or omissions of the Owner and/or Owner’s Agent strikes or pickets, acts of the public enemy, war, riots or terrorism, adverse weather conditions, floods and the unavailability of material, pandemic, supplies or labor, the Owner and/or Owner’s Agent may be entitled to an extension of the time in which to complete the Work if obtained from the DRB in writing. The DRB reserves the right to deny the extension of time unless it feels that an unavoidable delay did truly occur. If, after and extension of time due to an Unavoidable Delay is denied by the DRB, the Owner and/or Owner’s Agent continues to make claim in a court of law and request additional time for construction and the claim is dismissed by a court or arbitrator, Owner and/or Owner’s Agent shall pay all reasonable attorney fees and costs incurred by Owner and/or Owner’s Agent in defending against such suit.

d. If Owner and/or Owner’s Agent wishes to make a claim for an extension of the time in which to complete the Work, it shall give written notice to the DRB within thirty (30) calendar days after the occurrence of the Unavoidable Delay, which notice shall set forth in detail (i) the nature of each Unavoidable Delay, (ii) the date or dates upon which each cause of delay began and ended, (iii) the number of days of delay attributable to each such cause, (iv) the action taken, or to be taken, by Owner and/or Owner’s Agent to minimize the period of delay and (v) the manner in which such delay effects the schedule then in effect. Owner and/or Owner’s Agent shall furnish such additional supporting documentation as Owner and/or

Owner’s Agent may request, including, where appropriate, a revised schedule indicating all of the activities affected by the circumstances which form the basis for the claim. Owner and/or Owner’s Agent shall not be entitled to separate extensions of time for each one of a number of causes of delay which have a concurrent or interrelated effect on the progress of the Work. Owner and/or Owner’s Agent’s failure to comply with the aforesaid notice requirement shall entitle the DRB to deny Owner and/or Owner’s Agent an extension of time thus leaving in place the original schedule and associated liquidated damages if approved construction schedule is not met.

13. Insurance a. Owner and/or Owner’s Agent shall carry and maintain sufficient insurance for the scope of building project and is also responsible for ensuring that Subcontractors contracted to do work have sufficient insurance for their scope of work including the following: i. Valid Proof of Insurance certificates of the Owner and/or Owner’s Agent naming both the worksite property owner and the DRB as additionally insured is required. ii. The DRB reserves the right to request to see or have a copy of

proof of insurance of Owner and/or Owner’s Agent at any time. iii. A minimum liability insurance policy of $2 Million for general liability and $2 Million for automobile liability but be carried by Owner and/or Owner’s Agents. In addition, the insurance shall provide proper coverage, which is not less than the applicable limits of coverage relating to comprehensive general liability, automobile liability and workmen’s compensation. iv. Certificate shall detail that a 30-day is required to be given by all certificate holders when insurance cancellation or change or limits occurs.

Additional Insured: Wohali Land Estates LLC 721 Icy Springs Road Coalville, UT 84017 b. Owner and/or Owner’s Agent must specifically obtain Insurance which does not contain an “Employee Exclusion” endorsement which would deny coverage to additional insured(s) for bodily injury claims made by an employee of the Insured (Subcontractor) while in the course of employment with the Insured (Subcontractor).

14. Indemnification a. To the fullest extent permitted by law, the Owner and/or Owner’s Agent agrees to indemnify, defend and hold harmless the DRB, their officers, directors, agents, employees and partners (hereafter collectively Indemnitees) from any and all claims, suites, damages, liabilities, professional fees, including attorney’s fees, costs, court costs, expenses and disbursements related to death, personal injuries or property damage (including loss of use thereof) brought or assumed against any of the Indemnitees by any person or firm, arising out of or in connection with or as a consequence of the performance of the Work of the Owner and/or Owner’s Agent under this agreement, as well as any additional work, extra work, or add-on work, whether caused in whole or part by the Owner and/or Owner’s Agent. The parties expressly agree that this indemnification agreement contemplates: 1) the full indemnity in the event liability is imposed against the Indemnitees without negligence and solely by reason of statute, operation of law or otherwise; and 2) partial indemnity in the event of any actual negligence on the part of the Indemnitees either causing or contributing to the underlying claim in which case, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault whether by statute, operation of law or otherwise. Where partial indemnity is provided under this agreement, costs, professional fees, attorney’s fees, expenses, disbursements, etc. shall be indemnified on a pro rata basis. Indemnification under this paragraph shall operate whether or not Owner and/or Owner’s Agent has placed and maintained the insurance specified under paragraph 13 (a) hereof. Recovery of attorney’s fees, costs, court costs, expenses and disbursements hereunder shall include all those attorney’s fees, costs, court costs, expenses and disbursements incurred in the defense of the underlying claim, in the enforcement of this agreement, in the prosecution of any claim for indemnification hereunder, and in pursuit of any claim for insurance coverage required under paragraph one 13(a) hereof.

Owner’s Agent Acknowledgement of Builder Rules and Regulations for Wohali

As the Owner and/or Owner’s Agent building in Wohali, I acknowledge that I and my employees and any subcontractor that I include in the build for the owner listed below will abide by the Wohali Rules and Regulations found as Appendix E to the Wohali Design Guidelines.

Owner (Add Owner Here) (Add Wohali Lot # Here) (Add Wohali Address Here)

Owners Agent (Add Contractor Company Here)

Signature:________________________________

Printed Name: ________________________________

Title:_______________________________

Date: ______________________

Signer’s Email _____________________________