FireRock ARCHED FRONT, Installation, Specification And Operation Manual

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15. CONTROLLING LAW:
This Agreement and all rights and obligations hereunder shall be governed by, and construed in
accordance with, the laws of the State of Alabama without regard to its conflicts of laws provisions.
16. ARBITRATION; DISPUTE RESOLUTION; PRESERVATION OF FORECLOSURE REMEDIES: All disputes, claims or
controversies (individually or collectively, a “Dispute”) between FireRock and Buyer arising out of, or relating to, the transactions
contemplated by this Agreement, including without limitation any claim based on or arising from an alleged tort, shall be resolved
by binding arbitration in accordance with Title 9 of the U.S. Code and the Commercial Arbitration Rules of the American
Arbitration Association (the ”AAA”), and judgment on the award rendered by the arbitrators may be entered in any court having
jurisdiction thereof. The Dispute shall be arbitrated in Birmingham, Alabama. Defenses based on statutes of limitation and
similar doctrines shall be applicable in any such proceeding, and the commencement of an arbitration proceeding under this
Agreement shall be deemed the commencement of an action for such purposes. The arbitrator shall selected in accordance with
the Commercial Arbitration Rules of the AAA. The AAA shall designate a panel of ten (10) potential arbitrators knowledgeable
in the subject matter of the Dispute. Each of FireRock and Buyer shall designate, within thirty (30) days of the receipt of the list of
potential arbitrators, one of the potential arbitrators to serve, and the two arbitrators so designated shall select a third arbitrator
from the eight remaining candidates. Notwithstanding the foregoing, FireRock reserves the right to resolve or bring any Dispute
in the federal courts of the United States of America or the courts of the State of Alabama in each case located in Jefferson County,
and Buyer irrevocably submits to the exclusive jurisdiction of such courts in any such Dispute.
17. WAIVER:
No waiver of any provision, right or remedy contained in this Agreement is binding on, or effective against,
FireRock unless expressly set forth in writing and signed by an authorized representative of FireRock. Waiver by FireRock of any
breach shall be limited to the specific breach so waived and shall not be construed as a waiver of any subsequent breach.
18. ASSIGNMENT:
Buyer may not assign this Agreement or any rights or obligations therein without the prior written consent
of FireRock. Any attempted assignment in contravention of this Paragraph shall be void. No assignment or delegation relieves
Buyer of any of its obligations under this Agreement. Notwithstanding the foregoing, if Buyer is a contractor, Buyer may assign this
Agreement to the ultimate purchaser of the home or other building into which the Goods are installed.
19. TAXES:
Unless otherwise indicated in this Agreement, FireRock’s prices do not include sales, use, excise or other similar
taxes. Consequently, in addition to the price specified, the amount of any present or future such tax shall be paid by Buyer, or in
lieu thereof, Buyer shall provide FireRock with all tax-exemption certificates required by the taxing authorities, at the time of sale.
20. CUMULATIVE REMEDIES: All remedies of FireRock set forth herein shall be cumulative and shall be in addition to any
other remedies available to FireRock, whether at law, equity or otherwise.
21. SEVERABILITY:
If any provision or part of a provision contained in this Agreement is held by a court of competent
jurisdiction to be contrary to law or public policy, the remaining provisions of the Agreement shall remain in full force and effect.
22. CONSTRUCTION: No provision of this Agreement may be construed against FireRock as the drafting party.
23. SURVIVAL:
Provisions of this Agreement which by their nature should apply beyond their terms will remain in force after any
termination or expiration of this Agreement.
TERMS & CONDITIONS
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