2 AND the Contractor further agrees with the Principal that he will meet the cost in all things of making good any damage to the contract Works due to such defects in the Said Work for the said period. AND the Contractor further agrees that if the Contractor does not within fourteen days of receiving written notice, so to do fulfil or perform any obligation hereunder, the Principal may carry out the work so required within 30 days and recover all costs. thereby incurred from the Contractor, but without releasing the Contractor from any obligation of liability here under. IF any issues cannot be resolved between contract parties such issues will be settled by arbitration by an independent party to be agreed upon by both Principal and Contractor. PROVIDED THAT nothing contained herein shall render the Contractor liable for any damage caused by circumstances attributable to: (a) Any willful act or negligence of the principal or any person other than the Contractor, his servants, agents and workmen; (b.) Fire, aircraft, war, earthquake, tempest; (c.) Fair wear and tear” (d.)_ Any operation of the forces of nature which reasonable foresight and ability on the part of the Contractor could not foresee or provide against. PROVIDED FURTHER that the Contractor shall not be held liable for any damage resulting from any neglect or delay on the part of the Principal to give notice of any defects within reasonable time of such defects becoming apparent. AND the Contract further agrees that the warranty and guarantee contained herein may be assigned by the Principal to any subsequent owner of the work which is the subject of the said Contract before the expiry of the period of such warranty and guarantee. Date at Auckland this 1" day of December 2006. IN WITNESS WHEREOF The common seal of: Was affixed hereto in the presence of: Witness: _ Vicks RokerA Correspondence/Forms/ MM Marketing/Guarantee Form Dummy.