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6. Seller' s Lien Riahts. Buyer hereby acknowledges and agrees that Seller, and others furnishing labor or materials related to this Agreement, will, pursuant to proper notice, take any and all steps necessary to assert lien rights as required by applicable state law. Buyer is advised to give Buyer's lender a copy of this Agreement and all notices received pursuant to this Section 9. 7. Collection Costs. If the Seller files a lien or Buyer defaults in payment hereunder, Buyer shall reimburse Seller in addition to any other sums due hereunder, the costs of Seller's attorneys, including their staff, costs and necessary disbursements involved in any proceeding to enforce Seller' s rights under this Agreement, together with interest at 12% per anmurn, or the highest legal rate if less than 12% per annum, regardless of any claims of offset by Buyer. 8. Sumnlementary Information. Any specifications, drawings, notes, instructions, engineering notices, or technical data referred to in this Agreement (including any such material attached to this Agreement) shall be deemed to be incorporated herein by reference as if fully set forth. Seller shall at all times have title to all drawings and specifications furnished by it. 9. Modification to Drawings/Specifications. By execution of this Agreement, Buyer hereby accepts and approves the plans and specifications described in Section 26 together with any supplementary materials contemplated by Section 8 above. Any modification to the drawings or specifications described in this Agreement and in Section 8 above, shall be confirmed in writing and signed by both parties. Any such modification shall specify any additional costs involved and said costs shall be borne by Buyer. Seller shall have no responsibility for additions, alterations, or deletions to the approved plans supplied by Seller to Buyer. Any such additions, alterations or deletions to the approved plans provided by Seller shall void any limited warranties otherwise provided in this Agreement 10, Limited Warranty. Seller warrants and represents that all materials described herein shall be free of defects in material and workmanship for a period of one year from the date of shipment, reasonable wear and tear excepted. The Westec Insulation System is covered by a fifteen (15) year limited warranty. THESE WARRANTIES ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL WARRANTIES EXPRESS AND ID4PLIED INCLUDING THE WARRANTIES OF MERCHANTABHdTY AND FITNESS THERE ARE NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THIS AGREEMENT MADE BY SELLER OR RELIED UPON BY BUYER IL Remedy Limitations. Buyer's exclusive remedy in the event that any of the materials do not conform to the Limited Warranty set forth in Section 10 above shall be the repair or replacement of any nonconforming materials. Buyer expressly waives its rights to any special, consequential or incidental damages. 12. Cancellation, Rescheduling and Storage Charge. Upon Seller's receipt of the required credit approval, activating production of the materials covered by this Agreement, a firm production schedule will be established. Cancellation of this Agreement in whole or in part within the period of five (5) weeks prior to the scheduled shipment date shall subject Buyer to Seller's actual cancellation expense and restocking charge. 13. Risk of Loss. The risk of loss to the materials described herein shall pass to Buyer when Buyer' s agent, in any manner, assumes control of any shipment of materials designated by Seller as supplied under this Agreement, which date shall normally be the date the materials are loaded on a common carrier at Seller's designated manufacturing facility in Sum Prairie, Wisconsin. Buyer shall obtain and pay for all costs for insurance from the time that risk of loss passes to it as provided in this Section 13. 14. Delivery Schedule. The shipping date shall be arranged between the parties pursuant to a Shipping Schedule Notification to be provided by the Seller. Said Notification must be acknowledged and accepted in writing by Buyer in order for Buyer's goods to be placed in the Seller's manufacturing production schedule. 4225.sff.0807 Page 2 of 4