Any Representation, statement, or other communications not written in this agreement, or made in writing pursuant thereto, are agreed to be invalid, not relied on by either party and do not survive the execution of this agreement.
The Property Owner authorizes Taltek, LLC to contact the 3rd party on behalf of the Property Owner to commence the process to obtain approval to pay for the work to replace and/or repair the damage caused to the Property Owner.
For the purposes of Taltek, LLC contacting the 3rd party, the Property Owner will sign any further documents or give such permission as may be reasonably required by the 3rd party. The Property Owner grants to Taltek, LLC the right to give permission to any employees, sub-agents or contractors to act on behalf of Taltek, LLC in assessing property damage and estimating the costs of the work and dealings with the third party.
Taltek, LLC accepts the authorization by the Property Owner to commence in the process of obtaining the consent of the 3rd party for authorization and payment of the Scope of Work and for no other reason.
After reviewing the approved Scope of Work, the Property Owner and Taltek, LLC will enter into a building contract for the scope of work and the amount of such contract shall be limited to the amount approved by the 3rd party (including supplements), plus any deductible.
Property Owner acknowledges the value of the Contractor “Services” provided by Taltek, LLC. This value includes: onsite inspections, travel to and from property inspections, as well as meetings with 3rd party representatives, when required. Taltek, LLC will provide all the necessary equipment, tools, ladder and safety equipment needed for inspections, estimates and reports. Taltek, LLC will research all relevant data pertaining to weather history to assess property damage related to weather. Taltek, LLC will also invest substantial resources in a team of experts to document and present damages and deficiencies. Property Owner understands there is a considerable investment of time for these services, as well as writing reports, estimates or other documentation required by the 3rd party. This could result in multiple site visits and phone calls. Property Owner agrees there is considerable value provided by Taltek, LLC for these services. In the event the Property Owner fails to timely enter into a formal building contract with Taltek, LLC for the approved scope of work, Property Owner agrees to immediately pay Taltek, LLC twenty percent (20%) of the 3rd party award, including any deductible for services rendered, and not as a penalty. Property Owner agrees to enter into a formal building contract with Taltek, LLC within 30 days of receiving any 3rd party award.
If Property Owner requires any additional building work by Taltek, LLC outside of the scope of work, that work will be under a separate building contract or change order between the Property Owner and Taltek, LLC and will be billed at an additional cost to the Property Owner.
The prevailing party in any litigation related to this agreement shall be entitled to an award of reasonable attorney’s fees, costs and expenses.
