Landscape Construction Proposal

1. SCOPE OF WORK. Contractor shall furnish all labor, materials, equipment, tools, supervision, and incidental items necessary to complete the work described in this Agreement ("Work"), which consists of: Complete landscape installation per attached design plans, including site preparation, grading, drainage, irrigation installation, hardscape construction (paver patio, retaining walls, pathways), planting per plant list (trees, shrubs, groundcover), mulch, and final cleanup. Plant material carries a one-year warranty subject to proper owner watering during the establishment period; weather and pest damage are excluded. Contractor will call 811 before any digging.. 2. CONTRACT DOCUMENTS. The Work is governed by the following Contract Documents, listed in order of precedence in the event of conflict: (a) this Agreement and any executed Change Orders; (b) the Drawings identified in Exhibit A (Drawing List), consisting of Drawing Nos. Drawing Numbers, dated Drawing Date, as revised through Revision Drawing Revision Number/Letter; (c) the Project Specifications identified in Exhibit B, consisting of Division(s) Specification Divisions, dated Specification Date; (d) any other exhibits attached hereto. In the event of a conflict among the Contract Documents, the document of higher precedence controls. Figured dimensions on Drawings govern over scaled dimensions. Specifications govern over general notes on Drawings. 3. PRE-MOBILIZATION REVIEW. Before mobilizing, Contractor shall review all Contract Documents and visit the site. Contractor shall promptly notify Owner in writing of any errors, omissions, ambiguities, or conflicts discovered. Contractor who proceeds without giving such notice is not relieved of the obligation to perform in conformance with the Contract Documents, and assumes responsibility for any costs resulting from known or discoverable conflicts. 4. PERMIT OBLIGATIONS. {{#if contractor_pulls_permits}}Contractor shall apply for, obtain, and pay for all permits, inspections, and approvals required to complete the Work lawfully, and shall schedule all required inspections. Owner shall provide timely access, signatures, and documentation reasonably required to support permit applications.ElseOwner shall obtain and pay for the building permit. Contractor shall obtain and pay for all sub-trade permits (electrical, plumbing, mechanical) and shall schedule all required inspections.{{/if}} 5. ALLOWANCE ITEMS. The Contract Price includes the following Allowance Items listed in Exhibit C (Allowance Schedule): Allowance Items (reference to Exhibit C). Each Allowance Item represents an estimated amount only. Contractor shall notify Owner before an Allowance Item is expected to be exceeded. The actual cost of Allowance Items (including Contractor's overhead and profit at 10%) shall be used to adjust the Contract Price by Change Order when Owner's selections are finalized. Unused Allowance amounts are credited to Owner; costs exceeding Allowances are charged to Owner as Change Orders. 6. WORK NOT INCLUDED. Unless expressly stated above, the following are excluded from the Scope of Work: Excluded Work.

1. NO ORAL CHANGES. The Scope of Work may be changed, expanded, or reduced only by a written Change Order signed by both Owner and Contractor before the changed work begins. Oral agreements, email approvals, or course-of-conduct approvals do not constitute a Change Order and do not obligate Owner to pay for extra work. 2. CHANGE ORDER CONTENTS. Each Change Order shall state: (a) a description of the changed work; (b) the adjustment, if any, to the Contract Price (increase, decrease, or no change); (c) the adjustment, if any, to the Substantial Completion Date; and (d) any effect on the draw schedule or Schedule of Values. 3. PRICING CHANGE WORK. The parties shall price proposed Change Orders using the following methods, in order of preference: (a) Lump-sum agreement; (b) Unit prices stated in the Schedule of Values or agreed in writing; (c) Time-and-materials at the labor rates and material markup stated in Exhibit D (Rate Schedule), subject to the T&M cap in Section 5 below. 4. CONTRACTOR'S NOTICE OBLIGATION. If Contractor encounters conditions that Contractor believes justify additional compensation or time, Contractor shall provide written notice to Owner within 14 calendar days of discovering the condition. Failure to provide timely notice is a waiver of any claim arising from that condition. 5. T&M RECORDS. When Change Order work is performed on a time-and-materials basis, Contractor shall maintain daily time-and-material tickets itemizing hours by trade, materials by quantity and invoice, and equipment by type and hours. Owner's representative shall review and sign each daily ticket within 2 business days. Unsigned tickets may be rejected by Owner at final reconciliation unless Contractor proves Owner's representative was unavailable. 6. NO ABANDONMENT. Contractor shall not stop Work on the base Scope of Work because a Change Order proposal is pending. Contractor shall continue performing undisputed Work while any Change Order dispute is resolved under the Dispute Resolution clause.

1. CONTRACT PRICE. Owner shall pay Contractor the fixed Contract Price of Contract Price ($) (the "Contract Price") for full and complete performance of the Work, subject to additions and deductions by signed Change Order. 2. DRAW SCHEDULE. The Contract Price shall be paid in draws as set forth in Exhibit B (Draw Schedule). Each draw is due and payable within 30 calendar days after Contractor submits a proper Application for Payment demonstrating that the Work corresponding to that draw milestone has been substantially completed. 3. APPLICATION FOR PAYMENT. Each Application for Payment shall: (a) identify the draw milestone; (b) state the amount requested; (c) include the Schedule of Values showing percentage complete for each line item; (d) certify that all subcontractors and material suppliers have been paid for all prior completed work; and (e) be accompanied by any lien waivers required by the Retainage clause. 4. RETAINAGE. Owner shall withhold 5% from each progress payment as retainage until Substantial Completion. Upon Substantial Completion, retainage shall be reduced to Final Retainage After Substantial Completion (%)% of the original Contract Price, with the balance released to Contractor within 30 calendar days. Final retainage is released with the Final Payment per Section 6. 5. DISPUTED AMOUNTS. If Owner disputes any portion of an Application for Payment, Owner shall pay the undisputed portion within the payment period and provide written notice of the disputed amount and the basis for the dispute within 10 calendar days of receipt of the Application. 6. FINAL PAYMENT. Final Payment of the remaining Contract Price balance (including withheld retainage) is due within 10 calendar days after all of the following conditions are satisfied: (a) Substantial Completion has been certified; (b) Contractor has submitted a final Application for Payment; (c) Contractor has delivered executed unconditional lien waivers from Contractor and all subcontractors and suppliers; (d) all punch-list items have been completed; and (e) Contractor has delivered all warranties, as-built drawings, and operation manuals required by the Contract Documents. 7. INTEREST ON LATE PAYMENTS. Payments not made when due bear interest at 18% per annum from the due date until paid, without prejudice to Contractor's other remedies.

Section [__]: Workmanship Warranty and Defective Work [WW-1] Express Warranty. (a) The Contractor warrants to the Owner that, for the period commencing on the Date of Substantial Completion and ending 12 months thereafter (the "Warranty Period"), all Work performed under this Contract shall: (i) conform to the Contract Documents; (ii) be free from defects in materials and workmanship; and (iii) comply with all applicable laws, codes, and regulations in effect as of the date of installation. (b) This warranty is in addition to, and does not limit, any statutory implied warranties applicable under the law of the state in which the Project is located, including but not limited to any implied warranty of habitability, fitness for a particular purpose, or non-statutory warranty arising under applicable case law. Nothing in this Section shall be construed to waive or disclaim any statutory warranty right that cannot be disclaimed under applicable law. (c) For consumer contracts (where the Owner is a natural person contracting for personal, family, or household purposes), this written warranty is subject to the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., and shall be construed as a "full" warranty unless designated otherwise in writing. Any limitation on the duration of an implied warranty shall not exceed the duration of this express written warranty. [WW-2] Warranty Remedy. (a) Within thirty (30) calendar days after receipt of the Owner's written notice describing a warranty claim with reasonable specificity as to the location and nature of the alleged defect, the Contractor shall: (i) inspect the claimed defect; and (ii) either commence and diligently pursue correction of confirmed defects, or provide the Owner with a written response explaining in reasonable detail why the Contractor disputes the claim. (b) If the Contractor disputes the claim, the parties shall follow the dispute-resolution procedure in Section [__] (Dispute Resolution). Pending resolution, the Contractor shall not be required to perform warranty repairs on disputed items, but shall cooperate with any inspection by a neutral third party. (c) Warranty repairs shall be performed at the Contractor's sole cost and expense, including all labor, materials, and incidental costs to access and restore areas disturbed during repair (e.g., drywall patching, painting, flooring replacement). (d) The Warranty Period for any repaired or replaced portion of the Work shall be extended by the duration of the original Warranty Period measured from the date the repair or replacement is completed. [WW-3] Warranty Exclusions. The Contractor's warranty obligations under this Section do not apply to defects or damage caused by: (i) the Owner's or any third party's misuse, abuse, or neglect of the Work; (ii) modifications to the Work made by parties other than the Contractor without the Contractor's prior written consent; (iii) normal wear and tear; (iv) acts of God, including earthquakes, floods, lightning, or other natural events of abnormal severity; (v) Owner-furnished materials or equipment, to the extent the defect is attributable solely to such Owner-furnished items; or (vi) failure by the Owner to perform maintenance obligations specified in the operation and maintenance manuals delivered at Final Completion. [WW-4] Equipment and Manufacturer Warranties. At Final Completion, the Contractor shall assign to the Owner, to the extent assignable, all manufacturer warranties and subcontractor warranties covering equipment, systems, and materials incorporated into the Work. The Contractor shall deliver all warranty documentation, registration forms, and contact information with the closeout deliverables required by Section [__] (Substantial Completion). Assignment of manufacturer or subcontractor warranties does not reduce the Contractor's obligations under Section [WW-1] for the balance of the Warranty Period. [WW-5] Latent Defects. Notwithstanding the expiration of the Warranty Period, the Contractor remains liable for latent defects — defects that could not have been discovered by reasonable inspection during the Warranty Period — to the fullest extent permitted by the applicable statute of limitations or statute of repose under the law of the state where the Project is located.

Clause Number. SITE ACCESS AND RIGHT OF ENTRY Clause Number.1 Grant of Access. Owner grants Contractor, its employees, subcontractors, agents, suppliers, and equipment operators (collectively, "Contractor Parties") the right to enter and occupy the property located at Property Address (the "Site") during the Term solely for the purpose of performing the Work described in this Agreement. Clause Number.2 Access Hours. Contractor Parties may access the Site during the following hours without prior notice: Monday-Friday, 9:00 AM to 5:00 PM. Access outside these hours requires Owner's prior written or verbal consent, not to be unreasonably withheld. In the event of an emergency affecting the Site or the Work (including but not limited to water intrusion, structural instability, or hazardous conditions), Contractor may access the Site at any time and shall notify Owner as soon as reasonably practicable. Clause Number.3 Keys, Lockboxes, and Gate Codes. Owner shall provide Contractor the following access mechanisms within 5 business days of the Effective Date: Access Mechanism (keys, lockbox, gate code, etc.). Contractor shall maintain the confidentiality of all access codes and shall not duplicate keys or share access mechanisms with third parties other than Contractor Parties directly involved in performing the Work. Contractor shall return all keys, remotes, and access devices to Owner within 10 business days of Substantial Completion or earlier termination. Clause Number.4 Occupied Premises. If the Site is occupied by Owner or tenants during the Work: (a) Contractor shall provide Owner at least 24 hours' advance written notice (email acceptable) before accessing occupied interior spaces for inspections, measurements, or non-disruptive work; (b) Contractor shall minimize disruption to occupants' use of the premises and shall not unreasonably interfere with Owner's business operations or residential use; (c) Owner shall ensure that Contractor Parties have clear access to work areas and shall relocate furniture, personal property, and vehicles as reasonably necessary to allow Contractor to perform the Work; (d) Contractor is not responsible for loss or damage to Owner's personal property located in the work area unless caused by Contractor's gross negligence or willful misconduct. Clause Number.5 Utility Access. Owner shall ensure that Contractor has access to and use of the following utilities at the Site at no cost to Contractor: Available Utilities (electricity, water, etc.). If utilities are not available or are interrupted due to Owner's act or omission, Contractor may suspend Work and the schedule shall be extended day-for-day, or Contractor may arrange temporary utilities and add the documented cost to the Contract Price. Clause Number.6 Site Security. Contractor shall secure the Site and all access points at the end of each workday to the extent reasonably practicable. Contractor is not responsible for theft or vandalism by third parties unless Contractor failed to secure access points as required by this Section Clause Number.6 and such failure directly enabled the theft or vandalism. Clause Number.7 Owner's Right to Inspect. Owner and Owner's representatives (including lenders, inspectors, and architects) may enter the Site at any time during Access Hours to observe the Work, provided they do not unreasonably interfere with Contractor's operations. Owner shall provide Contractor reasonable advance notice of any third-party inspection and shall coordinate with Contractor to schedule inspections during times that minimize work disruption.

Clause Number. DEBRIS REMOVAL AND SITE CLEANUP Clause Number.1 Ongoing Cleanup Obligation. Contractor shall maintain the Site in a reasonably clean, safe, and orderly condition throughout the course of the Work. At the end of each workday, Contractor shall: (a) remove or securely stack all debris, scrap materials, and packaging that creates a tripping hazard or obstructs Owner's use of non-work areas; (b) secure or cover all tools, equipment, and materials to protect them from weather and theft; (c) sweep or vacuum dust and debris from work areas if work is being performed in an occupied space. Clause Number.2 Construction Debris Disposal. Contractor is responsible for removing and lawfully disposing of all construction debris, demolition waste, excess materials, packaging, and scrap generated by the Work ("Debris"), including but not limited to: drywall scraps, lumber offcuts, packaging materials, old fixtures removed during demolition, and empty containers. Contractor shall haul Debris to a licensed landfill, transfer station, or recycling facility at Contractor's expense unless otherwise specified in the Contract Price breakdown. Clause Number.3 Final Cleanup Standard. Upon Substantial Completion of the Work, Contractor shall perform a final cleanup of the Site to leave it in Broom Clean condition, as follows: (a) Broom Clean: All debris, dust, and scrap materials removed; floors swept; work areas free of construction waste. (b) Broom Clean Plus: Broom Clean standard, plus: windows cleaned of overspray and construction film; fixtures wiped down; floors mopped or vacuumed; HVAC vents and returns cleared of dust. (c) Move-In Ready: Broom Clean Plus standard, plus: detailed cleaning of all finished surfaces; appliances cleaned inside and out; final touch-up paint; all stickers, labels, and protective films removed. Clause Number.4 Owner-Supplied Dumpster. If Owner elects to provide an on-site dumpster or roll-off container for Debris disposal, Owner shall arrange delivery of a dumpster of size Dumpster Size (if Owner-supplied) to the Site before Work commences and shall be responsible for all rental fees, haul-away charges, and overage fees. Contractor shall use the Owner-supplied dumpster exclusively for Debris generated by the Work under this Agreement and shall not dispose of unrelated waste. If the dumpster reaches capacity before Substantial Completion, Party Responsible for Dumpster Refill (Owner / Contractor) shall arrange and pay for removal and replacement. Clause Number.5 Hazardous Materials Exclusion. This Section does not obligate Contractor to remove, transport, or dispose of any Hazardous Materials as defined in Section Hazardous Materials Section Reference. If Contractor encounters asbestos, lead paint, mold, contaminated soil, or other Hazardous Materials during the Work, Contractor shall stop work in the affected area and notify Owner immediately in accordance with Section Hazardous Materials Section Reference. Clause Number.6 Owner Personal Property. Contractor is not responsible for removing, disposing of, or storing Owner's personal property, furniture, old appliances (unless removed as part of the demolition scope), or non-construction waste. Owner shall remove all personal property from work areas before Contractor commences Work in those areas. If Owner fails to do so, Contractor may relocate Owner's property to a non-work area of the Site and shall not be liable for any damage during relocation unless caused by gross negligence or willful misconduct. Clause Number.7 Post-Completion Cleanup Punch. If Owner identifies cleanup deficiencies during the final walkthrough that prevent the Site from meeting the standard specified in Section Clause Number.3, Owner shall document them in the Punch List and Contractor shall correct them within 5 business days.

Clause Number. UTILITY SERVICE RESPONSIBILITY Clause Number.1 Temporary Utilities During Construction. Owner shall provide or arrange for the following utilities to be available at the Site throughout the Term at no cost to Contractor: Utilities Provided by Owner (electricity, water, etc.). If any required utility is not available at the Site as of the scheduled Work commencement date, Contractor may either: (a) delay commencement until the utility is available, in which case the Project schedule shall be extended day-for-day; or (b) arrange for temporary utility service (generator, water delivery, portable toilets, etc.) and add the documented cost to the Contract Price. Clause Number.2 Payment of Utility Costs. Party Paying Temporary Utility Bills (Owner / Contractor) shall pay all utility bills (electricity, gas, water, and sewer) incurred during the Term. If Party Paying Temporary Utility Bills (Owner / Contractor) is the Owner and utility service is interrupted due to non-payment or administrative disconnection, the Project schedule shall be extended day-for-day for the period of interruption, and Contractor shall not be liable for delays caused by utility interruption. Clause Number.3 Permanent Utility Connections. If the Work includes new permanent utility connections (electric service, water/sewer lateral, gas line connection, etc.), responsibility for arranging, permitting, and paying for each utility connection is allocated as follows: | Utility Type | Arrangement & Permit Responsibility | Payment Responsibility | |---|---|---| | Electric service / meter | Electric Service Arrangement Responsibility | Electric Service Payment Responsibility | | Water / sewer connection | Water/Sewer Arrangement Responsibility | Water/Sewer Payment Responsibility | | Natural gas connection | Gas Service Arrangement Responsibility | Gas Service Payment Responsibility | | Telecommunications (phone/internet/cable) | Owner | Owner | The Party responsible for arrangement shall initiate utility applications within 14 days of Utility Application Trigger Event and shall provide the other Party copies of all applications and approval letters. Clause Number.4 Utility Locate / Call Before You Dig. Before performing any excavation, trenching, boring, or ground disturbance, Contractor shall contact the applicable underground utility locate service (e.g., 811 / DigSafe) at least 48 hours in advance and shall not excavate until all utilities have been marked. Contractor shall use reasonable care to avoid damaging marked underground utilities. If Contractor damages a properly marked utility line due to negligence, Contractor shall be responsible for repair costs and any resulting delay. If an unmarked utility line or a utility line marked in the wrong location is damaged, Owner shall be responsible for repair costs unless Contractor had actual knowledge of the utility's location. Clause Number.5 Utility Interruption for Tie-Ins. If the Work requires temporary interruption of utility service to the Site or adjacent properties (e.g., to tie in new plumbing or electrical service), Contractor shall: (a) provide Owner and affected neighbors at least 5 days' advance written notice of the planned interruption; (b) schedule the interruption at a mutually convenient time; (c) minimize the duration of the interruption; and (d) restore service as promptly as reasonably practicable. Contractor is not liable for consequential damages resulting from planned utility interruptions for which proper notice was provided. Clause Number.6 Damage to Existing Utilities. If Contractor damages an existing utility line, meter, or connection serving the Site or an adjacent property, Contractor shall: (a) immediately notify the affected utility company and Owner; (b) take reasonable steps to mitigate the damage (e.g., shut off water at the main, disconnect power at the panel); and (c) arrange for the utility to perform emergency repairs. Contractor shall be responsible for the cost of repairing utility damage caused by Contractor's negligence or failure to follow locate markings. Owner shall be responsible for the cost of repairing utility damage caused by: (i) pre-existing defects in the utility infrastructure; (ii) unmarked or improperly marked utilities; or (iii) utilities located outside the area identified in locate markings.

Contractor's License. The Contractor represents and warrants that it holds, and shall maintain in active, valid, and unrevoked status throughout the duration of this Contract, all contractor licenses, registrations, and certifications required by the laws of State where the Project is located (e.g., California, Texas, Florida) and any applicable local jurisdiction for the Work described herein. The Contractor's license number and classification are stated on the face page of this Contract. If Contractor operates in multiple trades, each trade requiring a separate license shall be listed on the face page or in an exhibit. Unlicensed Status — Consequences. If Contractor is found to have performed any portion of the Work while its license was expired, suspended, revoked, or otherwise invalid — whether or not such condition was known to Contractor — Contractor shall have no right to collect compensation for Work performed during the unlicensed period, and Owner may seek disgorgement of all amounts paid for Work performed during such period, to the fullest extent permitted by applicable law. In California, the parties acknowledge the requirements of Business and Professions Code § 7031, under which a contract with an unlicensed contractor is unenforceable and the owner may recover all compensation paid. Contractor shall promptly notify Owner in writing of any change in its license status. Permit Responsibility. Unless otherwise specified in the Contract Documents, the Contractor shall obtain, pay for, and maintain all permits, approvals, governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work, including but not limited to: building permits, grading permits, demolition permits, encroachment permits, and all trade permits required for electrical, plumbing, mechanical, and fire-protection work. Permit fees are included in the Contract Price unless specifically identified as Owner's cost in the Project Schedule or a written Change Order. Scheduling Inspections. Contractor shall schedule all required code inspections with the applicable authority having jurisdiction (AHJ) and shall provide Owner with at least 2 business days' advance notice of each inspection. Contractor shall not cover or conceal any Work requiring an intermediate inspection until such inspection has been passed and documented. Contractor shall promptly remedy any deficiency identified by an inspector. Certificate of Occupancy (CO) / Certificate of Completion. Issuance of the final Certificate of Occupancy (or Certificate of Completion, as applicable) by the AHJ is a condition precedent to Contractor's right to submit an application for Final Payment. If the AHJ withholds or conditions the CO for reasons attributable to deficiencies in Contractor's Work, Contractor shall cure such deficiencies at its own cost. If the AHJ conditions the CO for reasons outside Contractor's scope of Work (including pre-existing conditions or Owner-directed omissions), Owner shall either direct a Change Order for the required work or accept responsibility for the delayed CO. Code Compliance Standard. All Work shall comply with the edition of the applicable building code (International Building Code, International Residential Code, or applicable state-adopted code) and all referenced standards in effect as of the date the building permit is issued. Contractor is not responsible for code changes adopted after permit issuance unless required by the AHJ as a condition of inspection or final approval, in which case the requirement constitutes a Change in Law and shall be addressed by Change Order.

Clause Number. RIGHT TO PHOTOGRAPH AND DOCUMENT WORK Clause Number.1 Contractor's Right to Photograph. Contractor may photograph, video record, and otherwise document the Project site, work-in-progress, and completed Work (collectively, "Project Documentation") for the following purposes: (a) internal project management, quality control, and documentation; (b) insurance and dispute resolution; (c) marketing, advertising, portfolio, and promotional use, including but not limited to Contractor's website, social media, trade publications, and award submissions. Clause Number.2 Owner's Right to Photograph. Owner may photograph, video record, and document the Work at any time for the following purposes: (a) monitoring work progress; (b) insurance documentation and claims; (c) personal records and before/after documentation; (d) lender or municipal inspection submissions. Clause Number.3 Marketing Use by Contractor. Contractor may use Project Documentation in its marketing materials, including but not limited to: website project galleries, social media posts, print brochures, and case studies. Contractor may identify the Project by general location (city/neighborhood) and project type (e.g., "Custom Kitchen Remodel, City/Neighborhood for Marketing Use") but shall not disclose Owner's name, street address, or other personally identifying information in public marketing materials without Owner's prior written consent. Clause Number.4 Owner Opt-Out. Owner may opt out of Contractor's marketing use of Project Documentation by providing written notice to Contractor at any time Opt-Out Timing (e.g., 'before Substantial Completion' or 'at any time'). If Owner opts out: (a) Contractor shall remove any publicly posted Project Documentation featuring the Property within 30 business days of receiving opt-out notice; (b) Contractor may continue to use Project Documentation internally and for insurance/dispute purposes; (c) Contractor may continue to use Project Documentation that does not show the Property's exterior, street address, or other identifying features, provided the images show only interior work areas and do not allow the Property to be identified. Clause Number.5 Confidential Features. Notwithstanding Section Clause Number.3, Contractor shall not photograph or publicly disclose any features or areas Owner designates in writing as confidential ("Confidential Features"), including but not limited to: security systems, safes, cameras, access control devices, firearm storage, or any area Owner specifically identifies as off-limits for photography. Contractor's portfolio use shall not include images of Confidential Features unless Owner provides written authorization. Clause Number.6 Owner's Marketing Use. Owner may use photographs of the completed Work in connection with selling or leasing the Property, including in real estate listings, brochures, and virtual tours. Owner may identify Contractor as the builder/contractor in such marketing materials but is not obligated to do so. Clause Number.7 Third-Party Photographer Access. If Contractor wishes to engage a professional photographer to photograph the completed Work for portfolio use, Contractor shall provide Owner at least 7 days' advance notice and shall schedule the photography session at a mutually convenient time. Owner may be present during the photography session. The professional photographer shall comply with all confidentiality and opt-out provisions of this Section. Clause Number.8 Attribution and Endorsement. Any public use of Project Documentation by either Party shall accurately represent the Work and shall not create a false impression of endorsement by the other Party. Neither Party shall use the other's trademarks, logos, or trade names without prior written consent.

UTILITY LOCATE — CALL 811 BEFORE EXCAVATION Your name / business name shall comply with all applicable state one-call notification laws and shall contact the state 811 one-call center no fewer than three (3) business days — or such longer period as state law requires — before beginning any excavation, boring, trenching, or other ground disturbance on the Project Site. (a) PUBLIC UTILITY LINES. The 811 one-call notification applies only to public utility infrastructure placed by or registered with member operators of the one-call center (gas, electric, telecommunications, water, and sanitary sewer mains in the public right-of-way or utility easement). Your name / business name shall maintain a valid locate ticket number for the dig zone and shall comply with all marking requirements and wait times mandated by applicable state law before breaking ground. Damage to a marked public utility line caused by Your name / business name's failure to comply with the one-call notification process is Your name / business name's sole responsibility. (b) PRIVATE UTILITY LINES. The 811 system does NOT locate private utility lines. Private utility lines include, without limitation, irrigation mainlines and lateral lines, landscape lighting conduit and wiring, private gas service lines, private communication or data lines, and any other utility installed on private property beyond the meter or curb stop. Owner represents and warrants that: (i) Owner has provided Your name / business name with complete as-built drawings showing all known private utility lines within the dig zone, or (ii) if no as-built drawings exist, Owner has engaged a licensed private utility locating contractor to field-mark all known private lines, or (iii) Owner warrants in writing that no private utility lines exist within the dig zone. Your name / business name is not liable for damage to any private utility line that was not disclosed in writing or field-marked prior to excavation. (c) PRIVATE LOCATE OPTION. If Your name / business name determines that a private utility locate is necessary for safe excavation and Owner has not already provided one, Your name / business name may engage a licensed private locating service at Owner's expense, estimated at $Estimated Private Locate Fee (per mobilization, $) per mobilization, upon Owner's written authorization. If Owner declines to authorize a private locate and declines to provide written as-built drawings or a no-private-utility warranty, Your name / business name may suspend excavation work in that area without penalty until adequate locating information is provided. (d) STOP-WORK UPON UTILITY STRIKE. If any utility line — public or private, marked or unmarked — is struck or damaged during excavation, Your name / business name shall: (i) immediately stop all work in the affected area; (ii) secure and barricade the area to prevent access by persons or equipment; (iii) notify the utility operator or relevant emergency services if any public safety hazard exists (gas leak, energized conductor, etc.); (iv) notify Owner as soon as practicable; and (v) not resume excavation in the affected area until the utility operator or a qualified contractor has repaired the damage and provided written clearance. Your name / business name is not liable for project delay caused by a utility strike work stoppage, and Owner shall not assess liquidated damages or back-charges for such delay period. (e) IRRIGATION SYSTEMS AS PRIVATE UTILITIES. Owner acknowledges that irrigation systems are private utilities not located by 811. For excavation within 2 feet of any known or suspected irrigation line, Your name / business name shall hand-dig or use vacuum excavation unless Owner provides field-marked locate flags showing all irrigation lines in the dig path. Owner bears the cost of irrigation repair if undisclosed irrigation lines are damaged during excavation performed in good faith. (f) OWNER REPRESENTATIONS. Owner represents that Owner has disclosed to Your name / business name all known private utility information available to Owner. Owner acknowledges that concealment or non-disclosure of known private utilities constitutes a material misrepresentation.

PLANT WARRANTY AND ESTABLISHMENT PERIOD (a) WARRANTY AT INSTALLATION. Your name / business name warrants that all plant material installed under this Contract: (i) is true to the label — the species, cultivar, and size correspond to what was specified in the plant schedule; (ii) is healthy, structurally sound, and free from visible disease, fungal infection, insect infestation, girdling roots, and mechanical damage at the time of installation; and (iii) meets or exceeds the nursery-grade standards of the American Standard for Nursery Stock (ANSI Z60.1) as applicable. (b) ONE-YEAR LIMITED REPLACEMENT WARRANTY. Subject to the exclusions in section (d) below, Your name / business name warrants that plant material installed under this Contract will be alive and in good health for a period of one (1) year following the date of Substantial Completion of the planting installation ('Warranty Period'). If a covered plant dies or exhibits terminal decline attributable to defects present at installation (including root defects, planting depth errors, or improper soil preparation by Your name / business name) during the Warranty Period, Your name / business name shall, as its sole obligation, replace the plant with a plant of like species, size, and quality, or at Your name / business name's election, issue a credit equal to the installed cost of the plant. THIS IS A LIMITED WARRANTY; Your name / business name IS NOT RESPONSIBLE FOR REPLACEMENT MORE THAN ONCE PER PLANT. (c) ESTABLISHMENT PERIOD CARE RESPONSIBILITIES. (i) Days 1–30 ('Contractor Establishment Period'): Your name / business name is responsible for performing establishment irrigation visits at intervals specified in the attached Care Guide, monitoring for transplant shock, and correcting any installation defects discovered during this period. Owner shall not modify irrigation schedules or conduct pruning during the Contractor Establishment Period without Your name / business name's written consent. (ii) Days Owner Care Period Start (day number = establishment_days + 1)–365 ('Owner Care Period'): Owner assumes responsibility for irrigation, fertilization, weed control, mulch maintenance, and all other routine care described in Your name / business name's written Care Guide, delivered to Owner at project completion. Mortality occurring after the Contractor Establishment Period shall be presumed to result from Owner care unless Owner presents documented evidence of a contractor-caused installation defect. (d) WARRANTY EXCLUSIONS. The limited replacement warranty does NOT cover mortality or decline caused by: (i) Drought, flood, hail, tornado, fire, lightning, extreme temperatures, or other acts of nature; (ii) Freeze events occurring after the Contractor Establishment Period; (iii) Disease, fungal infection, or pest infestation that occurs or manifests more than thirty (30) days after installation, regardless of whether the causal organism was present at installation; (iv) Owner's failure to follow the written Care Guide; (v) Soil pH, nutrient deficiency, or drainage conditions that Owner did not disclose prior to installation and that were not discoverable by visual inspection; (vi) Vandalism, animal browsing, vehicle impact, or any third-party act; (vii) Plant material that Owner or Owner's agent relocated, replanted, or otherwise disturbed after installation; (viii) Salt spray, reflected heat, or other site microclimate conditions that Owner did not disclose prior to installation. (e) CONSUMER WRITTEN WARRANTY NOTICE (where applicable). For residential consumer contracts in which this warranty constitutes a 'written warranty' as defined under the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) with respect to any tangible goods (including nursery stock) supplied as part of this Contract: this is a LIMITED WARRANTY. The full terms of the warranty are set forth in this section. Implied warranties are not disclaimed; to the extent any implied warranty applies, its duration is limited to the Warranty Period, to the maximum extent permitted by applicable law. Nothing in this warranty affects any rights Owner may have under state consumer protection law. (f) WARRANTY CLAIM PROCEDURE. Owner must submit warranty claims to Your name / business name in writing within the Warranty Period. Claims must include a photograph of the affected plant and a description of the care provided. Your name / business name shall inspect within ten (10) business days of receiving a complete written claim and notify Owner of coverage determination.

GRADING, DRAINAGE, IRRIGATION, AND NEIGHBOR LIABILITY (a) GRADING AND DRAINAGE DESIGN BASIS. All grading and drainage work under this Contract shall be performed in accordance with the grade plan approved by Owner in writing prior to commencement ('Approved Grade Plan'). Owner warrants that the Approved Grade Plan: (i) complies with all applicable municipal grading, drainage, and stormwater ordinances; (ii) respects all setback, easement, and covenant requirements affecting the Project Site; and (iii) does not require discharge of stormwater onto an adjacent property in a manner prohibited by law or existing easement rights. (b) CONTRACTOR DISCLAIMER — DOWNSTREAM CONSEQUENCES. Where Your name / business name is installing grade per an Owner-specified or Owner-approved design, Your name / business name's responsibility is limited to executing the work to the tolerances set forth in the scope of work. Your name / business name is NOT responsible for downstream drainage effects, erosion, sedimentation, or flooding on adjacent properties when such effects are attributable to the Owner-approved grade or drainage design. The Owner, as the party directing the grade, assumes responsibility for compliance with applicable drainage law and any claims by neighboring landowners arising from drainage alterations made pursuant to the Approved Grade Plan. (c) CONTRACTOR-DESIGNED GRADE. Where Your name / business name is the designer of the grade and drainage plan (as indicated in the scope of work), Your name / business name warrants that: (i) the design shall direct surface water away from all structures on the Project Site; (ii) there shall be no ponding of water within 24 hours following a one-inch (1") rainfall event on any turf or planting area; and (iii) positive drainage of at least 2% grade away from all foundation walls and hardscape edges shall be achieved. Your name / business name's liability for drainage defects under this section is limited to the cost of re-grading the affected area to conform to the warranted drainage standards. (d) NEIGHBOR NOTIFICATION RECOMMENDATION. For grading or drainage work within Property-Line Buffer Triggering Neighbor Notification (feet) feet of any property line, Your name / business name recommends that Owner notify adjacent landowners of the proposed grade change before work commences. Your name / business name is not responsible for coordinating, documenting, or obtaining such notifications, and is not liable for neighbor claims arising from drainage alteration that: (i) conforms to the Approved Grade Plan; and (ii) does not direct an unreasonable volume of artificial surface flow onto the adjacent property. If neighbor consent or a drainage easement is required by applicable law or local ordinance before work may proceed, obtaining such consent or easement is Owner's obligation. (e) IRRIGATION OVER-SPRAY. Your name / business name shall design and install all irrigation systems to minimize over-spray onto structures, hardscape, public sidewalks, streets, and adjacent properties. Owner shall not modify irrigation run times or arc settings installed by Your name / business name in a manner that causes over-spray onto neighboring property. Owner indemnifies Your name / business name against any claim by a third party arising from irrigation over-spray caused by Owner's post-installation modification of the irrigation system. (f) WINTERIZATION AND FREEZE DAMAGE. Your name / business name is not liable for freeze damage to any irrigation system component — including backflow preventers, pressure regulators, mainlines, lateral lines, valves, or heads — if Owner did not engage Your name / business name (or another licensed irrigation contractor) to perform a seasonal winterization blow-out prior to the first hard freeze. Winterization is a separate service. Your name / business name recommends winterization scheduling based on USDA Plant Hardiness Zone data: Zone USDA Plant Hardiness Zone of Project Site, recommended winterization window: Recommended Winterization Date Window. Owner may schedule winterization by contacting Your name / business name at Contractor Scheduling Contact (phone or email).

LANDSCAPE DESIGN — INTELLECTUAL PROPERTY AND PORTFOLIO RIGHTS (a) COPYRIGHTABILITY OF LANDSCAPE DESIGNS. The parties acknowledge that original landscape designs may constitute protectable creative works under the Copyright Act (17 U.S.C. § 101 et seq.), including as pictorial, graphic, or sculptural works or, where the design constitutes an expression of a three-dimensional arrangement intended for construction, potentially as an architectural work under 17 U.S.C. § 102(a)(8). Nothing in this Contract shall be construed to waive any copyright that may exist in an original design. (b) DEFAULT OWNERSHIP — DESIGNER RETAINS COPYRIGHT. Unless the parties have executed a separate written copyright assignment or work-for-hire agreement, all landscape design documents, drawings, plans, renderings, plant schedules, and planting diagrams prepared by Your name / business name under this Contract are and remain the property and copyright of Your name / business name. Owner receives a limited, non-exclusive, non-transferable license to: (i) build the design once on the Project Site specified in this Contract; and (ii) retain a copy of the design documents for Owner's ongoing maintenance reference. The license does not authorize Owner to reproduce, adapt, or share the design for use on any other property. (c) WORK-FOR-HIRE / ASSIGNMENT ELECTION. If Owner has paid a separate design fee in the amount of $Separate Design Fee ($ if applicable) and the parties have elected 'Work-for-Hire' on the signature page of this Contract, then the landscape design created specifically for this project is a work made for hire under 17 U.S.C. § 101, or to the extent it does not qualify as a work made for hire by operation of law, Your name / business name hereby assigns all right, title, and interest in the design to Owner. In that event, Your name / business name retains no continuing right to build the design for any other client without Owner's written consent, but retains the portfolio rights described in section (d). (d) PORTFOLIO PHOTOGRAPHY LICENSE. Regardless of design ownership, Your name / business name retains the right to photograph, video, and otherwise document the completed landscape installation on the Project Site for Your name / business name's portfolio, social media, website, trade publications, award submissions, and other marketing purposes. The following conditions apply to Your name / business name's exercise of this license: (i) Your name / business name may not publish Owner's street address, full property address, or any information that identifies the location of the property without Owner's prior written consent; (ii) If any person is identifiable in portfolio imagery, Your name / business name shall obtain a separate release from that person before publication, or shall blur or otherwise obscure identifying features; (iii) Owner may revoke this portfolio license upon thirty (30) days' written notice to Your name / business name; upon receipt of timely notice, Your name / business name shall remove Owner's property imagery from active marketing channels within a reasonable period not to exceed sixty (60) days, but is not required to retrieve materials already distributed in print; (iv) For properties visible from a public place, Owner acknowledges that 17 U.S.C. § 120(a) permits third parties to photograph the constructed landscape from public vantage points, and Your name / business name is not obligated to prevent such photography. (e) PLANT MATERIAL SPECIFICATIONS — CONFIDENTIAL KNOW-HOW. The plant schedules, supplier relationships, installation methods, soil amendment formulas, and other technical specifications developed by Your name / business name for this project constitute Your name / business name's confidential commercial know-how and proprietary information ('Design Know-How'). Owner receives a copy of the plant schedule for Owner's ongoing maintenance reference only. Owner shall not: (i) share the plant schedule, specifications, or supplier information with any competing landscaping contractor; or (ii) use the Design Know-How as a basis for soliciting bids from competing contractors to replicate the design on any other property. This restriction does not prevent Owner from sharing the plant schedule with a future contractor solely for maintenance and replacement purposes on the same Project Site. (f) DESIGN-BUILD WARRANTY. Where Your name / business name is performing both design and installation, Your name / business name warrants that the installed landscape substantially conforms to the approved design documents. Deviation from approved design documents must be approved by Owner in writing before installation.