FILED: KINGS COUNTY CLERK 06/14/ :06 PM INDEX NO /2017 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/14/2018

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2 SAIA 4 Document A107 A Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope ( AGREEMENT made as of the 6* 6 day of July in the year 2015 ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for Its Ft. Hamilton Group, LLC completion. The author may also c/o Halcyon Management Group, LLC have revised the text of the original 309 A Berry Street AIA standard form. An Additions and Brooklyn, New York Deletions Report that notes added Information as well as revisions to and the Contractor: the standard form text is available from the author and should be Ninth Avenue Construction Group, LLC reviewed. A vertical line in Ihe feft P.O. Box I10965 margin of this document indicates Brooklyn, New York where the author has added necessary Information and where for the following Project: the author has added to or deleted from the original AIA text Fort Hamilton Parkway This document has important legal Brooklyn, New York consequences. Consultation with an la encouraged with respect The Architect: to its completion or modification. Karl Fischer Architect, PLLC Broadway, 9 Floor New York, New York ] The Owner and the Contractor agree as follows. AIA Document A107= CopyrightO 1936, ,1961, e, 1970, , and 2007byTheAmericanInstituteof Init Architects.All rights reserved, WARNING:This AfA AIA' Docurnont is protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA AiA Document, or any portion of It, may result In severe civil and criminal penattles, and whibe prosecuted to the maximum extent possible under the law. This documentwas producedbyaia softwareat 11:21:39on 07/06/2015underOrderNo which on 04/30/2016,and is notfor resale, UserNotes: Ft. HamiltonGroup/fffnthAvenueConstruction ( ) 1

3 TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE 8 BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT (Paragraph deleted) 1.1 The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. 1.2 The Contractor shall perform the work required by the Contract Documents, and all work which is reasonably inferable therefrom, and provide all labor, materials, equipment, tools, supplies, scaffolding and other facilities and services necessary for the proper execution and completion of the work for the Project in good and workmanlike "Work" manner (the "Work") and shall perform all related work made necessary by a visual inspection of the Project. The Contractor shall also be responsible to the Owner for assuring that the Work is performed in strict accordance and as required by the Contract Documents. Materials which are not shown on the Drawings shall be suitable for the intended use, and shall be subject to review and approval by the Owner and the Architect for consistency with the Init AIA Document A Copyright1 1936, 1951,1955,1961,1963, 1966,1970,1974,1978,1987,1997and 2007by TheAmericanInsdtuteof Architects.All rights reserved. WARNING:ThIs AIA AIA Document is protected by U.S.Copyright Law arid International Treatles. Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedbyaia softwareat 11:21:39on 07/06/201sunderOrderNo which expireson 04/30/2016,andis notfor resale. User Notes'.Ft. HamiltonGrouplNInthAvenue Construction ( l

4 intent of the Contract Documents. Where installation techniques are not specified, they shall be in accordance with manufacturer's current instructions, industry standards and all applicable laws, rules and regulations. 1.3 The documents comprising the Drawings and the other Contract Documents shall be deemed to be cumulative, and if there shall be a conflict or ambiguity between or among the Drawings or if a discrepancy shall arise between the Specifications and existing conditions at the Project, the Contractor shall immediately notify Architect of such fact when it becomes aware of same and, thereafter, the Owner, in consultation with the Architect and the Contractor, shall determine the appropriate course of action to follow and advise the Contractor accordingly. In the event any provision in this Agreement conflicts with or is inconsistent with any provision contained in the Contract Documents, the Contractor shall immediately notify the Architect and the Owner and the parties will endeavor to reach agreement as to the applicable provision. Unless the Owner and the Architect agree otherwise, should any of the Contract Documents be inconsistent in themselves or with each other, and such inconsistency is not a patent error, the better quality or greater quantity of the Work shall be performed and furnished. Any Work relating to such conflict, ambiguity or discrepancy which is knowingly performed by the Contractor prior to the Owner's resolution thereof shall be at the Contractor's sole risk and expense. 1,4 The Contractor has carefully examined the Contract Documents and the premises and, from the Contractor's own investigations, is satisfied as to the nature and location of the Work, the character, quality and quantity of materials likely to be encountered, the character of equipment and other facilities needed for the performance of the Work, and all other conditions or items which may affect the Work. The Contractor accepts full responsibility for all conditions at the premises that may affect the Contractor's performance. I 1,5 The Contractor warrants and guarantees that the performance of the Work (i.e. means and methods) will be in conformance with all applicable codes and other applicable rules, regulations and ordinances of all governmental and administrative agencies having jurisdiction over the Project. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be (Paragraphs deleted) July I1, 'Ihe Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (Paragraphs deleted) 5uly 11, 2016, subject to adjustments of this Contract Time as provided in the Contract Documents, 2.4 The Contractor agrees to perform the Work or cause the performance of Work by others in a prompt and diligent manner so as to ensure the uninterrupted progress of the Project and in accordance with a project schedule approved by the Owner and the Architect and furnished by the Contractor upon the execution of this Agreement. The Contractor agrees to complete the Work as rapidly as field conditions permit, proceeding in a skillful and expeditious manner, with sufficient labor, materials, tools, equipment, supplies and all things necessary to ensure uniform and efficient progress, so that the Work will be completed by the date required by Section 2.3 for Date" Substantial Completion of the Work (the "Substantial Completion Date"). THE SUBSTANTIAL COMPLETION DATE ESTABLISHED BY THIS AGREEMENT SHALL BE DEEMED OF THE ESSENCE OF THIS AGREEMENT. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for completing the Work. 2.5 If the Work is not progressing timely and the delays are caused by the Contractor, the Contractor shall at its own cost and expense be responsible to work additional shifts and cause at its own cost and expense its Subcontractors involved in the Work to work additional shifts and to take other reasonable measures in order to bridge the gap between the delay and the time requirement, all at no additional cost to Owner. Nothing contained in this or any other provision of this Agreement shall limit Owner's right to seek other and further remedies which may be allowed by this Agreement or in law or equity. Init' AIA Document A Copyright01936, 1951,19s8,1961, ,1970,1974,1976, 1987,1997and 2007by The AmericanInstituteof Architec1s.All rights reserved. WARNING:This AIA' AIA Document Is protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA AlA Document, or any portion of it, may result in severe civil and criminal penalties, and whibe prosecuted to the maximum extent possible under the law. This documentwas produced by AIA softwareat 11:21:39on 07/06/2015underOrder No which expireson 04/30/2010,and is notfor resale. User Notes: Ft. HamiltonGroup/NinthAvenueConstruction ( ) 3

5 ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Paragraph deleted) [X ]Costofthe Work plus the Contractor's Fee, in accordance with Section 3.3 below (Pamgraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) 3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE 'Ihe Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work The Contractor's Fee:! Seven Hundred Fifty Thousand Dollars ($750,000), (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (rable deleted) (Pamgraphs deleted) ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. I The period covered by each Application for Payment shall be one calendar month ending on the last day of the month Payment to the Contractor shall be made by the Owner pursuant to Article Retainage, if any, shall be withheld as follows: ] Ten percent (10%) until Substantial Completion. (See Section 15,4.2.) Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.! Six percent (6%) per annum 4.2FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment;.2 the Contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price;.3 all sign offs and other deliverableswhich are the responsibility of the Contractor or its Subcontractors are submitted to the Owner; and.4 a final Certificate for Payment has been issued by the Architect. init. AIA cument A CopyrightO s1, 1958,1961,1963, ,1974, 1978,1987,1997and 2007byThe AmericanInstituteof Architects.AHrights reserved. WARNING:This AIA AIA Document 1sprotected by U.S.copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIAS AIA Document. or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedby AIAsoftwareat 1t21:39 on 07/06/2015underorder No which on 04/30/2016,and is notfor resale. User Notos: Ft HamiltonGroup/NInlhAvenueConstruction t114840$167) 4

6 ! The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment and satisfaction of all other conditions to final payment, 4.3 The Contractor shall without delay cause the discharge of any mechanics' liens filed against the Project by any of its laborers, Subcontractors or materialmen, and shall cause any such lien to be discharged of record within fifteen (IS) days after the notice of filing thereof by bond, order or deposit provided the Owner has paid the Contractor for the Work in question. If the Contractor shall fail to cause such lien to be discharged of record within such period, the Owner may do so. Any amount paid by the Owner for such purpose, including all costs and expenses, and reasonable attorneys' fees shall be paid by the Contractor to the Owner on demand, The Owner may at any time also require the Contractor to furnish a bond or other security, in a form and amount satisfactory to Owner as security for the payment of any such liens.. The filing of a lien by the Contractor, unless the Owner is in default of its payment obligations hereunder, shall be deemed a default under the terms of the Contract. 4.4 In the event payments are withheld as a result of the failure of the Contractor to make payments to a Subcontractor or materialman or by reason of other defaults of the Contractor, the Owner may, at its option, make payment directly to said Subcontractor or materialman, in lieu of making payment to the Contractor. ARTIC LE 5 DISPUTE RESOLUTl0N 5.1 BINDING DISPUTE RESOLUTION The method of binding dispute resolution shall be (Paragraphs deleted) litigation in a court of competent jurisdiction. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.! The Agreement is this executed AIA Document Al , Standard Form of Agreement Between the Owner and the Contractor for a Project of Limited Scope The Supplementary and other Conditions of the Contract: Document Title Date Pages N/A ( The List of Specifications: (Paragraphs deleted)see Exhibit C. (Table deleted) 'Ihe List of Drawings:! I (Paragraphs deleted)see Exhibit C. (rable deleted) The Addenda, if any: Number Date Pages N/A Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. 6/f.6 Additional documents, if any, forming part of the Contract Documents:.1 Exhibit A, Determination of the Cost of the Work, if applicable..2 Other documents: Init. l Exhibit B, Indemnity and Insurance Requirements AIA DocurnentA Copyright , 1958,1961,1963, ,1974,1978,1987,1997and 2007byThe AmericanInstituteof Architects.AII rights reserved. WARNING:This AIA* AIA Docurnent la protected by U.S.copyright Law arid International Treatles, Unauthorized reproduction or distribution of this AIA AIA Documertt, or any portion of It, rnay result In severe civil and criminal penalties, and will be prosecuted to the maxlrnurnextent possible under the law, This documentwas producedbyaia sonwareat 11:21:39on 07/06/2015underOrderNo which expireson 04/30/2016,and is notfor resale, User Notes: pl, HamiltonGroup/NinthAvenueConstruction t ) 5

7 (Paragraphs Exhibit C, List of Drawings and Specifications deleted) Exhibit D, Forms of Progress and Final Lien Waivers ARTICLE 7 GENERAL PROVISIONS 7.1 THE CONTRACT DOCI.IMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 7.2 THE CONTRACT The Contract Documents form the Contract for Construction The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. 7.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 7.4 (NSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect, the Architect's consultants and the Owner's other consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Owner, the Architect, the Architect's consultants and/or the Owner's other consultants shall be deemed the authors and owners ofthe Instruments of Service, including the Drawings and Specifications, and will, subject to any rights the Owner may have to the same, retain all common law, statutory and other reserved rights, including copyrights. The Contractor, the Subcontractors, the Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation consultants' of the Architect's or Architect's reserved rights Pursuant to the Owner's ownership of the Instruments of Service, or to the Owner's exclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, the Contractor, the Subcontractors, the Sub-subcontractors and material or equipment suppliers are authorized by the Owner to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, the Subcontractors, the Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and (unless the Owner's agreement with the Architect provides otherwise) the Architect and the Architect's consultants. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Owner, on request and, if requested, as a condition to final payment, upon completion of the Work. Init- AIA Document A CopyrightO 1936, , 1961,1963,1966, ,1978,1987,1997and2007 bythe AmericanInstituteof Archilects.All rights reserved. WARNING: This AIA AIA Document 18protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA A1A Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedby AIAsoftwareat 11:21:39on07/06/2015underOrderNoJ which expireson 04I ạndis notfor resale. User Notes: Ft. HamiltonGroup/ffinthAvenueConstruction ( I 6

8 7.6 TRANSMISSION OF DATA IN DiGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER 83 INFORMATION AND SERVICES REQUIRED OF THE OWNER Except to the extent required for the execution of the Work and requested by the Contractor in writing, the Owner shall not be responsible for furnishing surveys or other information as to the physical characteristics of, legal limitations of or utility locations for the Project site. The Contractor shall confirm the location of each utility, shall excavate and dispose of each on-site utility and shall cap each off-site utility to the extent required by the Work and as may be included in the Specifications, 8,1,2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner pursuant to Section 8.I.1 (absent patent error), but shall exercise proper precautions relating to the safe performance of the Work. 8,1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit ofthe Contractor or any other person or entity. 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR 9.1 REVIEW OF CONTRACT DOCUMENTS AND F1ELD CONDITIONS BY CONTRACTOR 93.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.I.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination, and reviewing for constructability by the Contractor. The Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Init. 9,1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. AIA Document A Copyright 1936,1951,1958,1961, 1963, ,1974, , 1997and2007by TheAmericanInstituteof Architects.All rights reserved. WARNING:This AIA AIA Document is protected by U.S.Copyright Law and international Treatles. Unauthorized reproductionor distribution of this AIA' AiA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedbyata softwareat 11:21:39on c7/06/2015underorder No which expireson 04/30/2016,and is notfor resale, User ifotes: FL HamiltonGroup/HfnthAvenueConstruction (t i 7

9 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, the Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors The Contractor shall employ Yossi Buchinger as the full-time construction supervisor at the Project for the coordination and supervision of the Work, and who shall not, while in the Contractor's employ, be replaced without the Owner's consent. The Contractor shall remove any employee and shall cause any Subcontractor (of any tier) to remove any of their employees from the Project upon reasonable objection from the Owner The Contractor shall hold regularly scheduled job meetings attended by the Contractor and its Subcontractors, the Owner and the Architect to discuss procedures, progress, problems, scheduling and open items. 9.3 LABOR AND MATERIALS Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall maintain labor peace and harmony on the Project and shall adopt and implement policies and practices designed to avoid work stoppages, slowdowns, disputes or strikes The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 9.6 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as weil as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work. The Contractor shall procure all certificates of inspection, permits (including building permits) and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. Certificates of inspection shall be delivered to the Owner promptly upon completion of the Work in sufficient time for any continuing work that the Owner may be intending to perform. The costs of such procurement, payment and delivery are included within the Contract Sum. init! The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules, and regulations, and lawful orders of public authorities applicable to performance of the Work. If the AIADocument A107-20U7. Copyright ,~ , , and2007by TheAmedcanInstituteof Architects.All rights reserved. WARNING:Thla AIA' AIA Document la protected by u.s. copyright Law and international Treatles. Unauthorized reproduction or distribution of this AIA' AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will ba prosecuted to the maximum extent possible under the law, This documentwas producedbyaia sonwareat 11:21:39on 07/06/2016underOrderNo which expireson 04/ ạnd la notfor resale. User Notes: FLHamiltonGmup/NinthAvenueConstrucson ( ) 8

10 Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness, Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation, overhead, and profit. 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES Upon execution of this agreement, the Contractor shall submit for the Owner's and the Architect's approval a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work e Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. 9.9 SUBMITTALS The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals Shop Drawings, Product Data, Samples and similar submittals, when approved by the Architect, are Contract Documents. Such approval shall not relieve the Contractor of the responsibility to comply with any other Contract Documents The Contractor shall deliver such progress report(s) as the Owner may reasonably request, including, among other things, an estimated percentage of completion, whether the Project is on schedule and, if not, the reasons therefor and the new schedule, and the projected Work to be completed in the next week or other period specified by the Owner. If the Owner requests, accompanying the progress report shall be an updated current Project Schedule, and a listing and the status of all Change Orders, Modifications, bulletins and other relevant documents USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. Inlt- AIA Document A Copyright0 1936, 1951,1956,1961,1963,1966, 1970, ,1997and 2007 bythe AmericanInstituteof Architects.All rights reserved. WARNING:This AIA AIA Document is protected by u.s. copyright Law and International Treation. Unauthorized reproduction or distribution of this AIA" AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedby AIAsonwareat 11:21:39on 07/08/2015underorder No, which expireson 04/30/2D18,and is notfor resale. User Notes: Ft. HarnlltenGroup/NinthAvenueConstmc5on ( l 9

11 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 9,15 INDEMNIFICATION See Contractor's Indemnity and Insurance Requirements (Exhibit B). (Paragraph deleted) In claims against any person or entity indemnified under Exhibit B by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Exhibit B shall not be limited by a limitation on amount or type of damages, workers' compensation or benefits payable by or for the Contractor or the Subcontractor under compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT 10.1 The Architect will provide administration of the Contract and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, the Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Init AIADocument At CopyrightO 1936,19s ,1961,1963,1966, 1970, e,1987,1997and 2007byThe AmericanInstituteof Architects.All rights reserved. WARNING:This AIA* AIA DocumentIn protected by U.S.Copyright Law and Intemational Treaties. Unauthorized 10 reproduction or distribution of this AIA* AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecutedto the maximum extent possible under the law. This documentwas producedbyaiasoftwareat 11:2t39 on 07/06/2016underOrderNo which ~ expireson04/3d/2016,and is notfor resale. User flutes: Ft HamgtonGroup/hlinthAvenueConstruction I'l )

12 10.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or the Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and the Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. (Paragraph deleted) 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, the Contractor and the Architect. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the names of the Subcontractors or suppliers for each of the principal portions of the Work, together with names of all manufacturers proposed to be used. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection Contracts between the Contractor and the Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner, (3) comply with the provisions of Section 756-a(3) of the New York General Business Law, and (4) be conditionally assigned to the Owner., 11.4 The Owner may communicate with the Subcontractors and suppliers for the purpose of verifying amounts due and paid for work performed. At the request of the Owner, the Contractor shall provide the Owner with evidence of payments made to the Subcontractors and suppliers. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 'The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article ,2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. fnit. ARTICLE 13 CHANGES IN THE WORK 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and the AIA DocumentA CopyrightO 1936,19s1. 19s8, 1961,1963, 1966,1970,1974,1978, and 2007byTheAmericanInstituteof Architects.All rights reserved. WARNING:This ATA AIA Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecutedto the maximum extent possible under the law. This documentwasproducedbyaia sonwareat 11:21:39on 07/06/2015underOrderNo which expireson o4/30/2010,and is notfor resale, User Notes: FL HamiltonGtoup/NinihAvenueConsbuction ( ) 11

13 Contractor, or by written Construction Change Directive signed by the Owner. NO CHANGED WORK SHALL BE PERFORMED (INCLUDING OVERTIME WORK) AND THE CONTRACTOR SHALL MAKE NO CLAIM FOR ADDITIONAL COMPENSATION UNLESS A CHANGE ORDER OR CONSTRUCTION CHANGE DIRECTIVE IS SIGNED BY THE OWNER Adjustments in the ContractSum resulting from a change in the Work shall be determined in accordance with Sections and or, if not applicable, the Contract Sum shall be the actual cost to the Contractor of the Change in the Work plus five percent (5%) overhead and five percent (5%) profit. he Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and the Contractor; provided that the Contractor provides notice to the Owner and the Architect promptly and before conditions are disturbed. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contractor confirms that the Contract Time is a reasonable period for performing the Work. the Agreement 14,2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined The date of Substantial Completion is the date certified by the Architect in accordance with Section If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines rnay justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. An extension of the Contract Time shall be the Contractor's sole remedy for delay. ARTiCLE 15 PAYMENTS AND COMPLETION 15.1 APPLICATIONS FOR PAYMENT The Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, utilizing AIA forms G702 and G703, and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used in reviewing the Contractor's Applications for Payment.! With each Application for Payment the Contractor and its subcontractors shall submit progress lien waivers in the forms attached as Exhibit D Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. Init The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the AIA Document A Copyright s1, 1956,1961,1983,1966,1970, , 1987,1997and 2007byTheAmericantnstituteof Architects.All rights reserved. WARNING:This AIA AlA Document is protected by U.S.Copyright Law and International Treatles.Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwasproducedby AIAsoftwareat 11:21:39on 07/08/2015underOrderNo which expireson 04/30/2016,andis notfor resale. User Notes: Ft. HamiltonGroup/NinthAvenue Construction ( ) 12

14 Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests CERTlFICATES FOR PAYMENT The Architect will, with approval of the Owner, within ten (10) business days after receipt of the Contractor's Application for Payment, issue a Certificate for Payment, to the Contractor, for such amount as the Architect and Owner determines is properly due, based upon the quality and progress of the Work. The Architect will also notify the Contractor in writing of the Architect's and/or the Owner's reasons for withholding certification in whole or in part as provided in Section and (a) set forth the amount to be paid to the Contractor, and (b) describe those items in the Application for Payment which are not approved. In determining the amount to be paid to the Contractor, the Owner may either withhold (a) sums that are sufficient to pay the costs and expense the Owner reasonably expects to incur in order to cure any items described in the Certificate for Payment or (b) an amount not to exceed the line item amount appearing in the agreed schedule of values, including change orders, relating to the disapproved Work (together with an amount sufficient to cover liquidated damages, if any and such other damages as the Owner may incur as a result of the items described in Subsection ) The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation by the Architect that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from the Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 15,2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and the Owner as provided in Section If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of.1 defective Work not remedied;.2 third party claims (including mechanic's liens) and municipal violations filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor;.3 failure of the Contractor to make payments properly to the Subcontractors or for labor, materials or equipment;.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;.5 damage to the Owner or a separate contractor;.6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or.7 repeated failure to carry out the Work in accordance with the Contract Documents. The Owner may also disapprove payment on the foregoing grounds. init. AIA Document At Copyright0 1936,19s1, 19s , 197D,1974, 1978, and 2007by The Americaninstituteof Architects.All rights reserved. WARNING:This AIA' AIA Docurnant la protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This documentwas producedby AIAsoftwareat 11:21:39on 07/06/2015underOrderNo which expireson04/30/2016,and Is notfor resale. UserNotes: Ft. HamiltonGroup/NinthAvenueCcnslruci/on ( ) 13

15 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld The Owner shall pay the Contractor the approved amount set forth in the Certificate for Payment within thirty (30) days after the issuance of the Certificate for Payment PROGRESS PAYMENTS 15,3.1 The Contractor shall, in accordance with Article 35-E of the New York General Business Law, pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. 15,3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. In the event that the Contractor fails to pay to any Subcontractor the amount to which such Subcontractor is entitled, the Owner may elect to make payment to the Subcontractor to satisfy the Contractor's obligation and such payment by the Owner to the Subcontractor will not preclude the Owner from any rights to obtain reimbursement from the Contractor for the amount paid. 15,3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents SUBSTANTIAL COMPLETION Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Architect shall prepare and submit to the Contractor a comprehensive list of items to be completed or corrected prior to final payment but in no event more than thirty (30) days after receipt of the list. Pending completion of the items, a sum equivalent to two hundred percent (200%) of the cost to complete the items, as determined by the Architect, shall be withheld from the Contractor in lieu ofthe retainage pursuant to Section Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 16.4,3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. Init' 15.5 FINAL COMPLETION AND FINAL PAYMliNT Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the AIA Document A Copyright01936, 19s1, 1956,1961,1963,1966,1970,1974,1978,1987,1997and2007 by The AmericanInstituteof Architects.All rights reserved. WARNING:This AIA AIA Document is protected by U.S.copyright Law and IntemaGonalTreaties. Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedbyaia softwareat 11:21:39on 07/06/2015underOrderNo which expireson 04/30/2016,and Is notfor resale. UserNotes: FI, HamsicnGroup/NinthAvenueConslrucson ( ) 14

16 Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.S.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 15.S.2 Final payment shall be made in accordance with Subsection 15.2.S. Neither final payment nor any remaining retained percentage shall become due until the Contractor complies with the provision of Subsection and submits to the Owner (i) final lien waivers and releases in the forms attached as Exhibit D for itself and its Subcontractors; (ii) such other documentation specified by the Contract Documents or the Owner including, if applicable, a certificate of occupancy for the Project; and (iii) as-built drawings in CADD format prepared by the Contractor and, as applicable, the HVAC plumbing, sprinkler and electrical Subcontractors. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner. If such lien remains unsatisfied after payments are made, the Contractor shall indemnify and hold the Owner harmless from all claims and damages, and refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. (Paragraphs deleted) Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. In no event shall the Contractor commence an action against the Owner more than one year following Final Payment or the termination of this Agreement, whichever is earlier. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to,1 employees on the Work and other persons who may be affected thereby;.2 the Work and materials and equipment to be incorporated therein (including the Contractors equipment), whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections and , except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section HAZARDOUS MATERIALS The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters 8 hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and the Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up. (Paragraph deleted) Init- AIA Document A Copyright 1936, 1951, 19s8, 1961, , 1970,1974,1978,1987,1997and 2007byThe ArnericanInstituteof Architects.All rights reserved. WARNING:This AIA AIA Document is protected by u.s. Copyright Law and international Treatles. Unauthorized reproduction or distribution of this AIA AlA Docurnant, or any portion of it, may result In severe civil and criminal penalties, and will be prosecutedto the maximum extent possible under the law. This documentwas producedbyaiasoftwareat 11:21:39on 07/06/2015underorder No which expireson 04130/2016,and is notfor resale. UserNotes: Ft. ttsm5tongroup/ninthavenue Gcnstrucdon ( ) 15

17 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred The Contractor shall promptly report by telephone or messenger to the Owner and the Architect all accidents arising out of or in connection with the Work which cause death, personal injury, or property damage, giving full details and statements of any witnesses. ARTICLE 17 INSURANCE AND BONDS See the Contractor's Indemnity and Insurance Requirements (Exhibit B). (Paragmph deleted) 17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance PROPERTY INSURANCE 17.3,1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance comprising total value for the entire Project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section to be covered, whichever is later. At the election of the Owner, this insurance shall include interests of the Owner, the Contractor, the Subcontractors and the sub-subcontractors in the Project. (Pamgraph deleted) The Owner and the Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, the Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub-subcontracters, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or the Contractor, as appropriate, shall require of the Architect, the Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged A loss insured under the Owner's property insurance shall be adjusted by the Owner on behalf of all insureds and made payable to the Owner on behalf ofthe insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. Owner shall pay the Contractor the shares of insurance proceeds of the Contractor and all subcontractors. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar manner. (Paragraphs deleted) ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed but in no event later than thirty (30) days after being notified of defective work. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. init In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established A1ADocument A copyright ,19s8, 1961, ,1974, and2007by TheArnericaninstituteof Architects.All rights reserved. WARNING:This AIA* AIA Document is protected by U.S.Copyright Law and International Treatles. unauthorized reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedbyaia sonwareat 11:21:39on 07/06/2015underOrderNc which an 04/30/2016,and Is notfor resale. User Moteai Ft, HamiltonGmup/NinthAvenue Construcson ( l 16

18 under Section , or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. ne Owner shall give such notice promptly after discovery ofthe condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may accordance with Section 8.3. correct it in 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work The one-year period for correction of Work shall be extended for a period of six (6) months from the completion of corrective Work performed by the Contractor pursuant to this Article 18, but only with respect to the particular items of corrective Work Notwithstanding the one-year period for correction of Work, the Owner may commence an action under the terms of this Agreement against the Contractor in accordance with the applicable statute of limitations. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 ASSIGNMENT OF CONTRACT [ The Contractor may not assign the Contract without written consent of the Owner GOVERNING LAW The Contract shall be governed by the law of the State ofnew York TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of(1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. (Paragraphs deleted) ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 TERMINATION BY THE CONTRACTOR If the Owner fails to make payment of approved amounts in accordance with Article 15, and the Contractor has provided a ten (10) day written notice of days' default to the Owner, the Contractor may, upon ten (10) additional written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, and demobilization costs incurred by reason of such termination. The Contractor's notice shall (a) inform the Owner that payment of approved amounts has not been received, and (b) state the intent of the Contractor to suspend performance for nonpayment. If, after the tenth (100') calendar day following written notice, the Owner has not cured the deficiency, the Contractor may terminate the Contract. In the event the Contractor terminates the Contract, the Owner may hire another Contractor to complete the Work.! g 20.2 TERMINATION BY THE OWNER FOR CAUSE The Owner may terminate the Contract if the Contractor.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;.2 fails to make payment to the Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; Init' AIA Document A Copyrighter 1936,19s1, 19s8, 1961,1963,1986, ,1978, and2007 by The AmericanInstituteof Architects.All rights reserved. WARNING:This AIA AIA Document Is protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA* AIA Document, or any portion of it. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedby AIAsoftwareet 11:21:39on 07/08/2015underOrderNa which expireson04/30/2010,and Is notfor resale. User Nates: Ft HamiltonGroup/NinthAvenueCanstrucsan t / 17

19 .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or.4 otherwise is guilty of substantial breach of a provision of the Contmet Documents. 20,2.2 When any of the above reasons exists, the Owner may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient, and may accept assignment of those Subcontracts the Owner elects to assume. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work When the Owner terminates the Contract for one of the reasons stated in Section , the Contractor shall not be entitled to receive further payment until the Work is finished If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or the Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract.! In the event it is judicially determined that the Owner was not entitled to terminate the Contract for cause, the Owner's termination shall be deemed a termination for convenience TERMINATION BY THE OWNER FOR CONVENIENCE In addition to the foregoing, the Owner, upon seven (7) days' written notice to the Contractor, may terminate the Contract for its convenience, in which event the Contractor shall be paid for all work performed (as calculated in accordance with Article 4) as of the effective date of termination, together with the retainage then due. ARTICLE 21 Cl.ANS AND DISPUTES (Paragraph deleted) 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines If a dispute shall arise between the parties to this Agreement, or related thereto, the Contractor shall continue during the pendency of such dispute to perform its services hereunder as if no dispute shall have arisen. During the pendency of any such dispute the Contractor shall be entitled to payments from the Owner only for non-disputed items, and payments shall be deferred only for that portion of the items that are disputed, until final resolution of the dispute. I 21.4 Claims by the Contractor (including claims for Change Orders) must be initiated by written notice to the Owner. Claims must be initiated within ten (10) days after occurrence of the event giving rise to such claim or within ten (10) days after the Contractor first recognizes the condition giving rise to the claim, whichever is later THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW). ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT SHALL BE RESOLVED WITHIN THE CITY AND STATE OF NEW YORK AND EACH OF THE PARTIES HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND HEREBY WAlVES ANY OBJECTIONS ON THE GROUNDS OF VENUE, FORUM NON CONVENIENS OR ANY SIMILAR GROUNDS. EACH PARTY HERETO WAIVES ITS RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT. (Paragraphs deleted) Inlt. AIA Document A Copyright 1936, 1951,1958,1951,~1963,1966,1970,1974,1978,1987,1997and2007 by The AmericanInstituteof Architects.All rights reserved. WARNING: This AIA" AIA Document Is protected by U.S.Copyright Law and Intemational Treatles. Unauthorized 18 reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. TNs documentwas producedbya1asoftwareat 11:21:39on 07/66/2015underOrder No which expireson 04/30/2016,andis notfor resale. user Notes: Ft, HamiltonGroup/NinihAvenueConstruction (tt )

20 21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and the Owner waive claims against each other for consequential damages for delay arising out of or relating to this Contract, except to the extent such damages are covered by the others' insurance, For the purposes damages" "consequeiitial shall only be.1 damages incurred by the Owner for occupancy expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or ofthe services of such persons; and.2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit or business.opportunities This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordancewith Articlej20. Nothing contained in this Section 2L8 shall be deemed to preclude an award of actual damages incurred under the terms of this Agreement. ARTICI.E 22 OTHER CONÖlTIONS OR PROVISIONS.ta.22,f. All Applidations fodayment and notices and communications hereunder shall be delivered electronically or by reputable overnight courier3and shall be deemed effective on the date sent The failure of Owner to insist upon the strict performance of any provision ofthis Agreement, or the failure of Owner to exerciseliny rightpoption or remedy hereby reserved, shall not be construed as a waiver in the future of such provisiongight option,orremedy or as 8 waiver ofa subsequent breach thereof. The consent or approval by Owner of any act by Contractor requiring Owner's consent or approval shall not be construed to waive or render thesequiremënt for Owner's consent or approval of any subsequent similar act by Contractor, The by Owner of any amount due hereunder with knowledge of 0 breach of any provision of this Agreement shall not be deemed a wawer4f such breach. No provision of this Agreement shall be deemed to have been waived unless such waiver shall be in writing signed by the party to be charged. This Agreement entered into as of the day and year first written above.. FT. HAMILTON R UP, LL NINTH A ENUE CONS '(UCTION GROUP,LLC sr By: 0WNER Sig ide). 00NT OR (Signature) (Printed name and title) (Printed none and title) In)L t AIA Document A ,Copyright 1936, 1951,1958,1961,1963,1965,1970,1974,1978, 1987,1997and 2007by The AmericanInstitute-of Architects.AII rights reserved. WARNING:This AIA* AIA Document is protected by U.S.Copydght Law anti International Treaties. Unauthorized reproduction or distribution of this AIA AIA cocument,or any portion of it, may result in severs civliand criminal penalties, and wm be prosecuted to the maximum extent possible under the law. This documentwas produced by AIA softwareat 11:21:39on 07/06/2019underorder Nol which expireson 04/30/2016,and Is cot for ressle. User Notes>FI. HemiltanSrouplMinrhAvenueCanslruc0an t ) 19

21 SAM ei Document A Exhibit A Determination of the Cost of the Work for the following PROJECT: (Name, location and briefdescription) 6002 Fort Harnilton ADDITIONS AND Parkway DELETIONS: Brooklyn, New York The author of this document has added information needed for its completion. The author may also have revised the text of the original THE OWNER AIA standard form. An Additions and (Name, legal status, address and other information) Detettons Report that notes added information as well as revisions to Ft. Hamilton Group, LLC the standard form text 1savailable Halcyon Management Group, LLC from the author and should be 309 A Berry Street reviewed. A vertical line In the left Brooklyn,.New York margin of this document indicates where the author has added THE CONTRACTOR: necessary information and where (Name, legal status, address and other information) the author has added to or deleted from the original AIA text. Ninth Avenue Construction Group, LLC This document has Important legal P.O. Box consequences. Consultation with an Brooklyn, New York attorney is encouraged with respect to its completion or modification. THE ARCHITECT: (Name, legal status, address and other information) Karl Fischer Architect, PLLC 9* 530 Broadway, 9 Floor New York, New York ARTICLE A.1 CONTROL ESTIMATE A.1.1 Where the Contract Sum is the Cost of the Work, plus the Contractor's Fee without a Guaranteed Maximum Price pursuant to Section 3.3 of the Agreement, the Contractor shall prepare and submit to the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the estimated Cost of the Work plus the Contractor's Fee. The Control Estimate shall be used to monitor actual costs and the timely performance of the Work. The Contractor shall update the Control Estimate with each Application for Payment as needed to reflect Changes in the Work. A.1,2 The Control Estimate shall include the documents enumerated in Article 6 of the Agreement, including all Addenda thereto and the Conditions of the Contract;.2 a list of the clarifications and assumptions made by the Contractor in the preparation of the Control Estimate, including assumptions under A.1.4, to the information provided by the Owner and contained in the Drawings and Specifications;.3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor's Fee; AIA Document A107 Init' Exhibit A. Copyright0 1936,19s1, 1956,1961,1963,1966,1970,1974,1978, 1987,1997and2007 by The ArnericanInstitute of Architects.All rights reserved, WARNING: This AIA" AIA Document is protected by U.S.Copyright Law and international Treatles. Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of It, may result in severe civh and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedby AIA softwareat 11:24:11on 07/06/2016under OrderNo which expiresonoa130/2010, and is notfor resale. User Nates: f I. HamillonGroup/NinthAvenueConstruction ( )

22 .4 a project schedule indicating proposed Subcontractors, activity sequences and durations, milestone dates for receipt and approval of pertinent information, schedule of shop drawings and samples, procurement and delivery of materials or equipment requiring long-lead time, and the Owner's occupancy requirements showing portions of the Project having occupancy priority; and.5 contingencies for further development of design and construction as required by Section A.1.4. A.1,3 The Contractor shall meet with the Owner and Architect to review the Control Estimate. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Control Estimate. When the Control Estimate is acceptable to the Owner, the Owner shall acknowledge it in writing. he Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. A.1.4 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor shall provide in the Control Estimate for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated in a revised Control Estimate by mutual agreement of the parties. A.1.5 he Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Architect with timely information as to the anticipated total Cost of the Work. Re cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, in writing, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. ARTICLE A.2 COSTS TO BE RE(MBURSED A.2.1 COST OF TifE WORK A The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article A.2. A Where any cost is subject to the Owner's prior approval, the Contractor shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing the Agreement. A.2.2 LABOR COSTS A Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. A Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (If it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or other shall be included in the Cost of the Work, identify below the personnel to be included, whether for all or only part of their time, andre rates at which their time will be charged to the Work.) Person Included Status (full-time/part-time) Rate ($0.00) Rate (unit of time) N/A A Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. A Costs paid or.incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Section A.2.2. Wt- AIA Document A Exhibit A. CopyrightO 1936, ,1966, , and 2007by TheAmericanInstitute of Architects.All rights reserved. WARNING: This AIA AIA Document is protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwasproducedbyapasoftwareat 11:24:11an 07/06/2015underOrderNo _1which expireson ạnd is notfor resale. User Notes: Ft HamilicnGroup/NinihAvenueCOnslrucson ( )

23 A Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, with the Owner's prior approval. A.2.3 SUBCONTRACT COSTS Payments made by the Contractor to Subcontractors in accordance with the requirements of their subcontracts. A.2.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION A Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. A Costs of materials described in the preceding Section A in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. A.2.5 COSTS OF OTHER MATERIALS AND EQUlPMENT, TEMPORARY FACILITIES AND RELATED ITEMS A Costs oftransportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. A Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Contractor-owned item may not exceed the purchase price of any comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to the Owner's prior approval A Costs of removal of debris from the site of the Work and its proper and legal disposal. A Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. A Costs of materials and equipment suitably stored off the site at a mutually acceptable location, with the Owner's prior approval. A.2.6 MISCELLANEQUS COSTS A Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval A Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable. A Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. A Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Article I8 of the Agreement or by other provisions of the Contract Documents, and which do not fall within the scope of Section A Init. A Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments reade in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the AIA DocurnentA Exhibit A. Copyrightar 1936,1951,19s8, 1961, 1963, , 1978,1987,1997and 2007 bythe AmericanInstitute of Architects.All rights reserved. WARNING: This AIA* AIA Document is protected by U.S.Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA' AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas producedbyafasoftwareat 11:24:11on 07/06/2015underOrderNo whIch empireson 04130/2010,and is notfor resale, User Notes: Ft. HamiltonGrouplNinlhAvenueConslrucllon ( ) 3

24 Contractor's Fee or subject to the Guaranteed Maximum price, If such royalties, fees and costs are excluded by the last sentence of Section 9.13 of the Agreement or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. A Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. A Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents. A Legal, mediation and attorneys' arbitration costs, including fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. A Subject to the Owner's prior approval, expenses incurred in accordance with the Contractor's standard personnel policy for relocation and temporary living allowances of the Contractor's personnel required for the Work. A That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. A.2.7 OTHER COSTS AND EMERGENCIES A Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. A Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. A Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. A.2.8 RELATED PARTY TRANSACTl0NS A For purposes of Section A.2.8, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor; any entity in which any stockholder in, or management employee of, the Contractor owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Contractor. The term "related party" includes any member of the immediate family of any person identified above. A.2,8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Article A.S. If the Owner fails to authorize the transaction, the Contractor shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Article A.S. ARTICLE A.3 COSTS NOT TO BE RElMBÚRSED A.3.1 The Cost of the Work shall not include the items listed below:.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Section A2.2.2;.2 Expenses of the Contractor's principal office and offices other than the site office;,3 Overhead and general expenses, except as may be expressly included in Article A.2;.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; Init' AIA Document A Exhibit A. CopyrightO 1936,19s1, 19s8, 1961,1963,1966,1970,1974, ,1997and2007 by TheAmericanInstitute of Architects.All rights reserved. WARNING: This AIA* AIA Document Is protected by U.S.copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA AIA occument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwasproduced by AIAsoftwareat 11:24:11on 07/08/2015underOrderNo, which expireson 04/30/2016.and is notforresale. User Notes: FLHamiltonGroup/HlnthAvenueConstruction ( )

25 .5 Except as provided in Section A of this Agreement, costs due to the negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract;.6 Any cost not specifically and expressly described in Article A.2; and.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE A.4 DISCOUNTS, REBATES AND REFl.INDS A.4.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash.discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. A.4.2 Amounts that accrue to the Owner in accordance with Section A.4.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE A.5 SUBCONTRACTS AND OTHER AGREEMENTS A.5.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. A.5.2 When the Contractor has provided a Guaranteed Maximum Price, and a specific bidder (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted 8 bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. A.S.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the subcontract is awarded on a cost-plus a fee basis, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article A.6, below. ARTICLE A.6 ACCOUNTING RECORDS A.6.1 The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Contractor shall preserve these records, for a period of three years after final payment, or for such longer period as may be required by law. A.6.2 When the Contractor believes that all the Work required by the Agreement has been fully performed, the Contractor shall deliver to the Owner's auditors a final accounting of the Cost of the Work. A.6.3 The Owner's auditors will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Contractor's final accounting, and provided the other conditions AIA Document A Exhibit A. Copyright ,1961,1963,1966,1970,1974,1978,1987, 1997and2007 by The Americanlastitute Init. of Architects.All rights reserved. WARNING: This AIA" Documertt Is protected by u,s. Copyright Law and International Treation. Unauthorized reproduction or distribution of this AIA AIA Document. orany portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwasproducedbya1asonwareat 11:24:11on 07/06/2015underOrderNo which expireson 04/30/2016,andis notfor resale. user Notes: Ft HamiltonGroup/NinthAvenueConstruction ( ) 5

26 of Section of the Agreement have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section of the Agreement. The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. A.6.4 If the Owner's auditors report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the dispute without a further decision of the Architect. A request for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment. If the Contractor fails to request mediation within this 30-day period, the substantiated amount reported by the Owner's auditors shall become binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount, if any, determined by the Owner's auditors to be due the Contractor. A.6.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs in connection with the correction of defective or non-conforming work as described in Article A.2, Costs to be Reimbursed, and not excluded by Article A.3, Costs Not to be Reimbursed, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If the Contractor has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. InlL A1ADocument A Exhibit A. Copyright0 1936,1951,1958,1961,1963, ,1974,1978, 1987,1997and2007 by TheAmericanlastitute.of Architects.All rights reserved. WARNING: This AIA AIA Document is protected by U.S.copyright Law and Internatlonal Treatles. Unauthorized reproduction or distribution of this AIA AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwasproducedby A1Asoftwareat 11:24:11on 07/06/2015underOrderNo ,1which on 04/30/2016,and is notfor resale. User Nates; Ft HamillonGroup/NinthAvenueOonstrucsan ( )

27 EXHIBIT 8 CONTRACTOR'S INDEMNITY AND INSURANCE REQUIREMENTS l. Indemnification and Hold Harmless (a) To the fullest extent permitted by law, Contractor agrees for itself, and to cause its subcontractors, to indemnify, defend and hold harmless Owner, Owner's lender (if applicable), Owner's managing agent, and any of their respective affiliates, principals, partners, members, stockholders, officers, directors, agents, employees, servants, successors and assigns and any other party that Owner may hereafter designate Parties" (hereinafter collectively referred to as "Owner Parties") from and against any and all claims of third parties resulting in liabilities, losses, obligations, fines, liens, penalties, attorneys' actions, judgments, damages, costs (including, without limitation, reasonable fees and expenses incurred in connection therewith and in the enforcement of this indemnification), charges, expenses and demands of whatever kind (collectively, "Claims" (" "Claims") in connection with and/or arising from or out of the following ("Indemnified Matters" Matters"): (i) any negligent, willful or wrongful act resulting in bodily injury (including death), personal injury or property damage by Contractor, Contractor's subcontractors, their respective officers, employees, servants, agents, suppliers, invitees, successors and assigns (hereinafter collectively referred to as "Contractor Parties" Parties"); (ii) the Work or any breach of this Agreement or infringement of any patent right, by any Contractor Party; or (iii) any statutorily imposed liability for injury to employees or failure to comply with any laws or regulations affecting the Work. (b) The indemnity contained herein shall survive the termination of this Agreement. Contractor shall advise Owner promptly, in writing of any incident that might give rise to a Claim or the service upon any Contractor Party of any summons, notices, letters or other communications alleging any Claim against any Owner Party or with respect to the Building or its surrounding area, upon which any Contractor Party is supplying services. (c) In claims against any person or entity indemnified hereunder by an employee of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable workers' by or for Contractor or its subcontractor under compensation acts, disability benefit acts or other employee benefit acts. [! 00128S-3]

28 2. Insurance (a) Contractor shall secure and keep in full force and effect and shall cause any subcontractor to secure and keep in full force and effect, until the Work is finally completed and Contractor and all subcontractors have left the premises and removed all of their property therefrom, the following insurance coverage at Contractor's sole cost and expense. Such insurance shall be primary and noncontributory, notwithstanding any other insurance that might be in effect for any Owner Party: (i) Commercial General Liability insurance for any and all claims for damages due to bodily injury (including death), personal/advertising injury, or property damage. Such insurance coverage shall: form" a. be on an "occurrence providing coverage in no case less than or more restrictive than the 12/2007 or later editions of the Insurance Service Office (ISO) form CG or its equivalent; b. provide coverage in an amount not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate, per project; c. include at least those coverages generally designated Premises/Operations, Products/Completed Operations (coverage must be maintained for three (3) years after completion of the project either by continuing coverage or obtaining a tail coverage), and contain contractual liability coverage for insured contracts (as defined in the ISO Policy Form CG 00 01). In particular, the policies or endorsements cannot contain language which excludes coverage to Owner Parties for any claim arising out of gravity related injuries or any type of injury sustained by employees of an insured or any insured (i.e., third party action over claims). d. Owner Parties shall be named as additional insureds by endorsement (using the current editions of ISO Form CG or forms CG and CG or their equivalent). Contractor shall also obtain a waiver of subrogation endorsement (ISO Form CG or its equivalent) from its insurance carriers with respect to Owner Parties; and e. the policy cannot contain a self-insured retention greater than Five Thousand Dollars ($5,000) per occurrence; Contractor shall have any self-insured retention shown on the certificate of insurance. Selfinsured retentions greater than Fifty Thousand Dollars ($50,000) must be approved by Owner in writing. (ii) worker's compensation insurance providing statutory benefits for employees and employer's liability coverage in an amount that is no less [ ] 2

29 than One Million Dollars ($1,000,000) per employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) each disease; (iii) commercial automobile liability insurance, including owned, non-owned and hired car liability insurance for combined limits of liability of One Million Dollars ($1,000,000) per occurrence; (iv) umbrella/excess liability insurance on an occurrence basis with limits of not less than Ten Million Dollars ($10,000,000) per occurrence in excess of the limits provided by the employer's liability, commercial general liability and automobile liability insurance. The coverage terms of the umbrella/excess insurance must be on a no less than follow form basis. (v) Contractor and its subcontractors shall secure, pay for and maintain whatever insurance they may deem necessary for protection against loss of owned or rented capital equipment and tools. The requirement to secure and maintain such insurance is solely for the benefit of Contractor and its subcontractors. Failure of Contractor or its subcontractors to secure such insurance and maintain adequate levels of coverage shall not obligate Owner or its agents and employees for any losses of owned or rented equipment. (b) All required insurance policies shall be maintained with insurance companies licensed or permitted within the State of New York and holding an AM Best Rating of no less than A-, VIII. Said policies shall contain a provision that coverage will not be canceled or non-renewed until at least thirty (30) days prior written notice has been provided to Contractor (or ten (10) days in the case of nonpayment of premium). Contractor shall provide Owner with a copy of such notice within one (1) business day of the receipt thereof and within five (5) business days thereafter cause the policy to be reinstated or a like-kind policy to be issued by an insurance company meeting the requirements of this exhibit. At any time during the term of this Agreement, when requested by Owner, Contractor and its subcontractors shall promptly produce complete copies of all insurance policies required herein and evidence of payment of premiums thereon unless Owner assumes responsibility for payment of such premium. If not so produced, Owner shall have the immediate right to procure the required insurance on behalf of Contractor and to charge and deduct the cost thereof from the within price, but Owner shall not be under any obligation to do so. (c) In the event that any Contractor Party sustains a loss by fire or other casualty the Contractor agrees to waive all rights of recovery against the Owner Parties and no third party shall have any right of recovery against any Owner Party by way of subrogation or assignment or otherwise. (d) The Owner Parties, along with their subsidiaries and affiliated entities, now or hereafter formed, all as their interests may appear, and such other parties in interest as Owner may designate in writing from time to time, shall be named as additional insureds, [IOD

30 including during the period that completed operations coverage is to be maintained, except with respect to workers compensation and Contractor's property insurance. The Owner Parties are to be included as a loss payee with regard to any commercial crime insurance. (e) Certificates in the customary form, i.e., Acord 25, except Acord 28 for property and commercial crime insurance, evidencing all lines of coverage required hereunder shall be delivered to the Owner or Owner's managing agent, or their agent together with general liability additional insured endorsements CG 2010 (11/85) or its equivalent, or - CO 2010 (10/01) and CG 2037 (07/04), or broader and Acord Certificate of Liability Insurance Addendum (ACORD 855 NY) to be attached to and referenced in the certificate of insurance, prior to commencement of any Work. Similar certificates shall be delivered evidencing the renewal or replacement of such insurance, at least ten (10) days prior to the effective date of such renewal or change of insurer. 3. Work Safety/OSHA (a) Contractor expressly agrees and understands, and will cause its subcontractors to expressly agree and understand, that Contractor is primarily and solely responsible for the safety conditions of the work areas. Contractor agrees that it is fully responsible for the compliance with all current and hereinafter enacted requirements and provisions under the Occupational Safety and Health Act of 1970 ("OSHA") and/or any special standards and/or requirements promulgated by Owner with regard to the Work, work areas or any contractors. (b) Contractor is hereby notified and shall advise all subcontractors, that there may be a potential for exposure to asbestos containing material ("ACM") and/or presumed asbestos containing material ("PACM") as defined in the OSHA Regulations, in the building, especially when working behind columns, in chases, etc. and when work is in contact with floor tile. Contractor and each subcontractor shall be required to perform such work with personnel who have been properly trained per OSHA regulations. Each subcontractor shall promptly notify both the Contractor and the Owner in the event any asbestos, ACM, or PACM is encountered. Any removal thereof shall be in accordance with all applicable laws, rules and regulations. (c) Contractor agrees to and shall indemnify, defend and hold harmless all Owner Parties from any and all Claims arising out of Contractor's failure to comply with the above subparagraphs (a) and (b) or imposed or sought to be imposed against Owner Parties without regard to fault and solely by reason of statute or operation of law. [iod)285-3] 4

31 EXHIBIT C 6002 Ft. Hamilton Parkway Structural Drawing List SW Dwg.. No. Name Last issue Date 01 S GENERAL NOTES 09/30/14 02 S TA NOTES 09/30/14 03 FO FOUNDATION/BASEMENT PLAN 09/30/14 04 FO-100A.00 FOUNDATION/BASEMENT PART PLAN 09/30/14 05 FO FOUNDATION SECTIONS-I 09/30/14 06 FO FOUNDATiON SECTIONS-ll 09/30/14 07 FO FOUNDATION SECTIONS-Ill 09/30/14 08 S S-101A,00 10 S S S " 1 FLOOR FRAMING PLAN 09/30/14 1" 1 FLOOR FRAMING PART PLAN 09/30/ FLOOR FRAMING PLAN 09/30/14 3" 3 FLOOR FRAMING PLAN 09/30/ â 5 FLOOR FRAMING PLAN 09/30/14 13 S ROOF FRAMING PLAN 09/30/14 14 S TYPICAL FOUNDATION DETAILS 09/30/14 w TYPICAL DETAILS I 09/30/14 16 S TYPICAL DETAILS II 09/30/14 17 S TYPICAL DETAILS Ill 09/30/14 18 S lypical DETAllS IV 09/30/ TYPICAL DETAILS V 09/30/14 20 S TYPICAL DETAILS VI 09/30/ COLUMN SCHEDULE 09/30/14 22 S SHEAR WALL DETAILS I 09/30/14 23 S SHEAR WALL DETAILS II 09/30/14 24 S SHEAR WALL DETAILS lll 09/30/14 25 S SHEAR WALL DETAILS IV 09/30/14 26 SH SH.700.0D GENERAL NOTES 09/30/14

32 Serial Dwg. No. Name Last Issue Date 27 SH EXISTING FACADE WALL BRACING PLAN 01/15/15 28 SH EXISTING WALL BRACING SECTIONS AND DETAILS 09/30/14 a

33 DItAWING INDEK Project:1io02 FortHamiltonParkway ARdlJIEClUI AtDRAWING5 KARLH5CNET ARQilTECT4 P11C - Drawing# DrawingName Date T-001 CaverPege 11/14/2014 T402 Legend.Notes &Drawing list 11/14/2014 G401 General Notes 11/ GeneralNotes 11/14/2014 General Notes 11/14/2D14 G404 ADANotes8 Detatit 11/14/2014 G 005 ADANotes& Detalts 11/14/2014 G-006 ADANotes0 Detelb 11/14/2014 G407 ADANotes0 Octolls 11/14/2D14 Z451 jonln Ane sls ZonlagDIagrams 11/14/ D03 GrossFloorArea 11/14/1014 Z-004 FinorAreedeductions 11/14/ Commerclel floorarse 11/14/2014 A-001 L hta nlrcelcubtlons surveyandsiteplan 11/14/2014 A-100 CellarPlun 11/14/2014 A-101 2ntFloorPlan 11/14/2014 A-102 2ndFloorPlen 19/34/2D14 A-103 grdtoethfloorplan 11/14/2014 A-104 RoofPlan 11/14/2014 A-200 FrardGovation 11/14/2014 A-201 %tr Elevellon 31/14/2014 A202 E1stStreerElevatron 11/14/2014 A 100 B Sectikn A-BD1 Bullding 5ectton 12/14/2014 A-500 WellTypes 11/14/2D14 A-501 her RockDattlh 11/14/2D14 A-502 PanetrationDatells 11/14/2014 ExterlorWallSections 11/14/2014 A-511 ExteriorWallDatells 11/14/2D14 A-512 EnterlerWall$ections 11/14/2014 h 520 General Details A-700 Doorkhaduru0 DatmUn 11/I4/2014 A-701 INindow5chedule 0 Details 11/ EN401 Energy CornplinceCertificate 11/14/2014 A-BDD CallerslahEdgePlan 1/6/2015 AID1 lstftaarsebedaplan 1 6/2019 A-BD2 2ndFloorSlabEdgePlan 1/6/ rdto5thfloorflahEdgePlan 1/6/2D15 A-805 RoofSlebEdgePlan 1/5/2015 OnQe1alt

34 GEA PROJECT # Fort Hamilton Parkway FIREALARMDRTWINGS issued for Incorp DOB (ncorp DOB ksued for Revisedasper issuedfor issued to DOB Client Review Comrnents Comments Review Arch'i changes 80% CD FA40L00 Rre Alarm Notesand Symbol Ust. 5/19/2014 9/5/ /10/ /3Q/ /2/2014 4/22/2015 FA FireAtarm 5equenceof Operation 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA CetlarLeve[Rre Alarm Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA-10LOD 1st Floor FireAlarm Plan 5/19/2014 9/5/2014 1Q/10/ /30( /2/2014 4/22/2015 FA nd Floor FireAlarm Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA rd to5th Floor EreAlarm Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA-104J00 RoofLevelFireAlarm Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA FireAlarm RiserDiagram 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 FA FireAlarm Details1 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22(2015 FA FireAlarm Details 2 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 ELECTRICALDILWINGS E40L00 ElectricalGeneral Notes and5ymbol List 5/19/2014 9/5/2014 1Q/10/ /30/ /2/2014 4/22/2015 E CellarFloor Electrical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E-10L00 1st Floor ElectricalPlan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E nd Floor Electrical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E-103A0 3rd To SThFloor Electrical Plan 5/19/2014 9/5/ /1Q/ /30/ /2/2014 4/22/2015 E-104A0 Roof LevelElectrical Flan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E TypicalApartment Part PlansUnitl, K,P1, U 5/19(2014 9(5{ /14f / /2/2014 4/22/2015 E-201A0 Typical Apartment Part PlansUnit O, P r Q 5/19/2014 9/5/ /10/ /30/ /2/2D14 4/22/2015 E-300JQ0 ElectricalRiserDiagrarn 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E-30L00 Intercom and Telecom RiserDiagrams 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E ElectricalPanelSchedures 5/19/2014 9/5/ Qf /30/ /2/2014 4/22/2015 E-40L00 ElectricalPanelSchedules 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 E ElectricalPanelSchedu es 5/19/2014 9/5/ /10/ /30/ /2/2014 4/22/2015 MECHANICALC tawings M MechanicalSymbot Listand Abbreviations 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M40240 MechanicalGeneral Notes 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M CellarLevelMechanical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-10L00 1st Floor Mechanical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M nd Ffoor Mechanical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-103J00 3rd through 5th Floor MechanicalPlan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M Roof LevelMechanical Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-200AD MechanicalSchedules (1) 5/19/2014 9/5/ /10/ / /2/2014 4/2/2015 4/22/2015 M MechanicalSchedules(2) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-300.OO MechanicalAir RiserDiagram 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-400AIO Mechanical Details / / /2/2014 4/2/201S 4/22/2015

35 M-401,00 MechanicalDetails (2) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M-402.OO MechanicalDetails(3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 M MechanicalDetails (4) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P1UMBINGDRf WINGS P PlumbingLegend,Notes,Schedules& Plot Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-100.OO Underground Plumbing Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-1OLOD Cellar Level Plumbing Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-102.OO 1stFloor Plumbing Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-103.OO 2nd Floor Plumbing Plan S/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-104.OO 3rd to 5th Floor Plumbing Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-105.OO Main Roof& ElevatorRoom Roof Plumbing Plan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P GasRiserDiagram(5heet 1of 2) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-201.OO GasRiserDIagramISheet2 of 2) 5/19/2014 9/5/ /1Q/ /30/ /2/2014 4/2/2015 4/22/2015 P-202.OO Sanitary RiserDiagram(Sheet l of 3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-203JOO SanitaryRiserDiagram(Sheet 2 of 3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-204.OO SanitaryR1serDiagram(5heet 3 of 31 5/19/2014 9/5/ / /30/ /2/2014 4/2/2015 4/22/2015 P-205,00 Storm Water RiserDiagram 5/19/2014 9/5/2014 1Q/10/ /30/ /2/2014 4/2/2015 4/22/2015 P-206.OO DomesticWater RiserDiagram (Sheet 1 of 3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 ' P DomesticWater loser ram (Sheet2 of 3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-208.OO DomesticWater RiserDiagram (Sheet3 of 3) 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 P-300.OO Plumbing Details(Sheet 1 of 3) 5/19/2014 9/5/ /10/ /3Q/ /2/2014 4/2/2015 4/22/2015 P Plumbing Detalls(Sheet2 of 31 5/19/2014 9/5/2014 1Q/10/ /30/ /2/2014 4/2/2015 4/22/2015 P-302.OO Plumbing Details(Sheet3 of 3) 5/19/2014 9/5/ /10/ /3Q/ /2/2014 4/2/2015 4/22/2015 5PRINKLERDRf WING 5P Sprinkler Notes,5ymbol Ust and Schedule 5/19/2014 9/5/ /10/ /3Q/ /2/2014 4/2/2015 4/22/2015 SP-100.OO CellarLevelSprinkler Plan 5/19/2014 9/S/ /10/ /S0/ /2/2014 4/2/2015 4/22/2015 SP st Floorsprinkler Plan 5/19/2014 9/5/ /1Q/ /30/ /2/2014 4/2/2015 4/22/2015 SP nd Floor Sprinkler Plan S/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 SP rd to 5th FloorSprinkler Plan 5/19/2014 9/5/ /1q/ /30/ /2/2014 4/2/2015 4/22/2015 SP-104.OO Rooflevel SpriniderPlan 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 SP Sprinkler RiserDiagram 5/19/2014 9/5/ /10/2014 1Q/30/ /2/2014 4/2/2015 4/22/2015 SP-300.OO Sprinkler Details 5/19/2014 9/5/ /10/ /30/ /2/2014 4/2/2015 4/22/2015 ENERGYCOMPHANCEDRAWING EN-OOLOO Ene MechanicalCom lance 5/19/2014 9/5/ /30/20I4 12/2/2D14