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CHAR2\1965709v6 THIS PRIVATE LABEL AGREEMENT (this “Agreement”) is made this ____ day of ___________, 2018 (the “Effective Date”) by and between Nucor Corporation, on behalf of its divisions and subsidiaries comprising the Nucor Buildings Group (collectively, “NBG”, and individually, an “NBG Facility”, and in each case as more specifically defined below in Article I(b)) and [insert the Private Label Customer entity name] (“PLC”). WHEREAS, NBG provides structural design, detailing and fabrication of steel buildings and related components on a project-by-project basis; and WHEREAS, PLC desires to purchase various steel buildings and related components and services from an NBG Facility from time to time, and re-sale such steel buildings and components to its end customers on a private label basis; and WHEREAS, NBG desires to sell such steel buildings and related components to PLC, but only as individual PLC orders may be assigned by the NBG commercial services team to a particular NBG Facility, and only on the terms and conditions contained in, and attached to, this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set out herein, the parties agree as follows: ARTICLE I. ORDERS; NBG FACILITIES (a) PLC may, via issuance of an NBG Ordering Document (each, an “Order”), purchase certain structural design, detailing and fabrication of steel buildings and related components (the “Products”) from NBG. Upon acceptance of any such Order by NBG, NBG shall assign the order to an applicable NBG Facility to fulfill the Order, all pursuant to the terms and conditions of this Agreement. Each Order shall be subject to the terms and conditions set forth in this Agreement as the sole and exclusive terms and conditions between the applicable NBG Facility and PLC, taking full precedence over and superseding any conflicting and/or additional terms and conditions regardless of where such terms appear or whether issued by any NBG Facility or PLC. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that PLC shall have no obligation to purchase any minimum amount of Products from any NBG Facility during the Term (as defined below), and no NBG Facility is under an obligation to agree to any Order. (b) Each of the following is an NBG Facility: American Buildings Company (three (3) facility locations); CBC Steel Building Systems, LLC; Kirby Building Systems, LLC; Nucor Building Systems Utah LLC; Nucor Corporation, by and through its Nucor Building Systems Texas Division; Nucor Building Systems Indiana Division; and Nucor Building Systems South Carolina Division; and any other building systems division or entity that NBG assigns to fulfill any specific Order after the Effective Date. NBG reserves the right to consolidate, merge, remove, re-structure and/or add new entities and facilities from time to time, and any such resulting or new entity, or additional facility, shall be considered an NBG Facility and part of this Agreement. PLC and NBG acknowledge and agree that once an Order is placed by PLC, and NBG assigns such Order to an applicable NBG Facility, then: (i) such NBG Facility shall thereafter be the NBG Facility to fulfill any and all obligations under this Agreement with respect to such Order; (ii) PLC will be responsible to such NBG Facility for any and all of PLC’s obligations under this Agreement with respect to such Order; and (iii) any liability or obligations arising pursuant to any Order or otherwise under this Agreement shall be considered confined and several (not joint) to the applicable NBG Facility assigned to the applicable Order. ARTICLE II. TERM The initial term of this Agreement (the “Initial Term”) shall commence on the Effective Date and shall remain in full force and effect until December 31 of the year following the year of the Effective Date, unless terminated earlier in accordance with the provisions of this Agreement; provided, however, this Agreement shall renew automatically for additional one (1)-year terms beginning on that subsequent January 1 of the new year and lasting through December 31 of such year (each, a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless either

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CHAR2\1965709v6

THIS PRIVATE LABEL AGREEMENT (this “Agreement”) is made this ____ day of ___________, 2018 (the “Effective Date”) by and between Nucor Corporation, on behalf of its divisions and subsidiaries comprising

the Nucor Buildings Group (collectively, “NBG”, and individually, an “NBG Facility”, and in each case as more specifically defined below in Article I(b)) and [insert the Private Label Customer entity name] (“PLC”).

WHEREAS, NBG provides structural design, detailing and fabrication of steel buildings and related components on a project-by-project basis; and

WHEREAS, PLC desires to purchase various steel buildings and related components and services from an NBG Facility from time to time, and re-sale such steel buildings and components to its end customers on a private label basis; and

WHEREAS, NBG desires to sell such steel buildings and related components to PLC, but only as individual PLC orders may be assigned by the NBG commercial services team to a particular NBG Facility, and only on the terms and conditions contained in, and attached to, this Agreement;

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set out herein, the parties agree as follows:

ARTICLE I. ORDERS; NBG FACILITIES

(a) PLC may, via issuance of an NBG Ordering Document (each, an “Order”), purchase certain structural design, detailing and fabrication of steel buildings and related components (the “Products”) from NBG. Upon acceptance of any such Order by NBG, NBG shall assign the order to an applicable NBG Facility to fulfill the Order, all pursuant to the terms and conditions of this Agreement. Each Order shall be subject to the terms and conditions set forth in this Agreement as the sole and exclusive terms and conditions between the applicable NBG Facility and PLC, taking full precedence over and superseding any conflicting and/or additional terms and conditions regardless of where such terms appear or whether issued by any NBG Facility or PLC. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that PLC shall have no obligation to purchase any minimum amount of Products from any NBG Facility during the Term (as defined below), and no NBG Facility is under an obligation to agree to any Order.

(b) Each of the following is an NBG Facility: American Buildings Company (three (3) facility locations); CBC Steel Building Systems, LLC; Kirby Building Systems, LLC; Nucor Building Systems Utah LLC; Nucor Corporation, by and through its Nucor Building Systems Texas Division; Nucor Building Systems Indiana Division; and Nucor Building Systems South Carolina Division; and any other building systems division or entity that NBG assigns to fulfill any specific Order after the Effective Date. NBG reserves the right to consolidate, merge, remove, re-structure and/or add new entities and facilities from time to time, and any such resulting or new entity, or additional facility, shall be considered an NBG Facility and part of this Agreement. PLC and NBG acknowledge and agree that once an Order is placed by PLC, and NBG assigns such Order to an applicable NBG Facility, then: (i) such NBG Facility shall thereafter be the NBG Facility to fulfill any and all obligations under this Agreement with respect to such Order; (ii) PLC will be responsible to such NBG Facility for any and all of PLC’s obligations under this Agreement with respect to such Order; and (iii) any liability or obligations arising pursuant to any Order or otherwise under this Agreement shall be considered confined and several (not joint) to the applicable NBG Facility assigned to the applicable Order.

ARTICLE II. TERM

The initial term of this Agreement (the “Initial Term”) shall commence on the Effective Date and shall remain in full force and effect until December 31 of the year following the year of the Effective Date, unless terminated earlier in accordance with the provisions of this Agreement; provided, however, this Agreement shall renew automatically for additional one (1)-year terms beginning on that subsequent January 1 of the new year and lasting through December 31 of such year (each, a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless either

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party gives the other party ninety (90) days’ written notice before the end of any Term of its intent to terminate this Agreement.

ARTICLE III. DEFAULT; TERMINATION

If an order for relief is entered against PLC in any bankruptcy proceeding; or if PLC makes a general assignment for the benefit of creditors; or if a receiver is appointed for all or a portion of PLC’s property; or if PLC fails to make prompt payment to NBG; or if PLC disobeys or disregards laws, ordinances, rules, regulations or orders or any public authority having jurisdiction; or if PLC otherwise defaults under this Agreement, then NBG may, without prejudice to any other right or remedy, immediately terminate the engagement of PLC. NBG reserves the right to cancel all Orders and discontinue shipments six (6) weeks after the last Order date.

ARTICLE IV. ORDER PROCEDURES; SOFTWARE; SCHEDULING

Section 4.1 RAW MATERIAL SPECIFICATIONS AND SIZES

(a) The MBS Software version and databases provided by NBG will contain available raw material sizes, section properties and other material properties required to produce a building at the applicable NBG Facility. Details vary per brand made available by each NBG Facility.

(b) All welding and determination of weld sizes will be per the applicable NBG Facility’s brand’s standard specifications and procedures.

Section 4.2 LEAD-TIMES / SCHEDULE

(a) Orders Entered For Fabrication.

(i) Orders received by noon on Monday of Week “X” will typically have permit drawings mailed by Thursday of Week “X+1”.

(ii) Orders will typically be delivered to the jobsite in Week “X+6”

(b) Orders Not Entered For Fabrication; Orders Entered On Permit Hold.

(i) Orders received by noon on Monday of Week “X” will typically have permit drawings mailed by Thursday of week X+1”.

(ii) Once permit drawings are mailed, the applicable NBG Facility will invoice PLC for engineering charges, and then the orders will be placed on hold until the applicable NBG Facility is directed by PLC to release the orders for production.

(iii) Once directed to release orders to production, NBG will re-price the jobs at current price levels. Any price increases will be passed on, price decreases will not be passed on.

(iv) Orders will typically be delivered to the jobsite in Week “X+6”, once released.

(c) NBG will assign a “Must Ship By” date to every Order. Any Order that ships after this date may be subject to re-pricing. PLC shall be responsible for any such price increases.

(d) NBG’s backlog shall be examined weekly and the lead-times available will be reviewed and adjusted by NBG if necessary.

(e) Projects held one week after production shall be invoiced and assessed storage charges. Material stored at an NBG Facility is subject to deterioration due to the effects of weather, and PLC agrees that any such deterioration is not a cause for rejection.

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(f) Upon NBG’s receipt of an Order, the NBG Project Coordinator (the “PC”) will verify backlog, credit standing, and inventory to confirm schedule. In the event that the PC determines NBG cannot perform the requested delivery, PLC will be notified. NBG reserves the right to adjust lead times with no prior notice if necessary.

Section 4.3 LAST CHANGE DATES

(a) Due to the short lead-time, Orders may not be revised after receipt by NBG without rescheduling of the Order.

(b) If changes are made after the fabrication process has started, NBG will charge PLC for all materials and labor resulting from the requested changes. In addition, rescheduling of the Order may be required.

Section 4.4 CANCELLATIONS - STANDARD “BOX” BUILDINGS

(a) Projects cancelled after permit drawings are completed will be invoiced a cancellation charge of $750 per Order.

(b) Cancellation charges for Orders released for fabrication by PLC, but not yet into the fabrication process are $750 per Order plus material already allocated to the Order.

(c) Projects cancelled after the fabrication process has started will be invoiced $750 plus materials already produced or in process for the cancelled Order. Special materials dedicated to a cancelled Order (special structural shapes, special colors, accessories and the like) will also be invoiced in the event an Order is cancelled.

(d) Special materials dedicated to a cancelled Order (special material shapes, special colors, accessories and the like) will also be invoiced in the event an Order is cancelled.

Section 4.5 CANCELLATIONS - CUSTOM PROJECTS (QUOTED ORDERS)

(a) Cancellation charges for Orders that have been booked which cannot be processed using MBS shall equal the sum of the design and detailing cost invested by NBG in the Order up to the time of cancellation.

(b) Cancellation charges for Orders released for fabrication but not yet into the fabrication process will equal the total design and detailing cost for the Order plus all materials allocated.

(c) Projects cancelled after the fabrication process has started will be invoiced for all design and detailing costs plus materials already produced or in process for the cancelled Order.

(d) Special materials dedicated to a cancelled Order (special structural shapes, special colors, accessories and the like) will also be invoiced in the event an Order is cancelled.

Section 4.6 PRICING; TAXES

(a) Current pricing for the Products and any other NBG supplied materials will be reflected in the MBS software database program and does not include sales tax. NBG will provide the Pricing Database for use with the MBS Software. All taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax the applicable NBG Facility is required to collect or pay with respect to the manufacture, production, sale, and/or shipment of Products to PLC shall be the responsibility of PLC. PLC agrees to pay all such taxes and further agrees to reimburse NBG for any such payments made by NBG.

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(b) All pricing is “EX Works Loaded”, and any freight costs are invoiced separately for each Order, all as more fully set forth below in Article V of this Agreement.

(c) Pricing is subject to change based on notification from NBG, and will be applicable to all new Orders from PLC, except as provided in Section 4.11 regarding existing Orders.

Section 4.7 PAYMENT TERMS

(a) Unless otherwise set forth in this Agreement and approved by the applicable NBG Facility’s authorized credit representative, terms of payment are ten percent (10%) prepaid and the balance paid cash on delivery (“COD”) or tender of delivery. In the event PLC fails to make payment to the applicable NBG Facility, or any affiliate of NBG, of any amounts due and owing to an NBG Facility or such affiliate (including any applicable surcharge or freight charge), NBG shall have the right to terminate any Order or any unfulfilled portion thereof, and NBG or any affiliate thereof may terminate any other agreement between NBG or such affiliate and PLC. The applicable NBG Facility may charge interest on the outstanding balance at an annual rate of twelve percent (12%) or the highest rate allowed by law (whichever is less). NBG shall have the right to employ an attorney to collect the balance due, and PLC agrees to pay all collection costs incurred by NBG, including its reasonable attorneys’ fees. No retainage by PLC is permitted. Upon NBG having reasonable grounds for insecurity with respect to PLC’s performance, NBG may demand written assurance of performance. Until adequate assurance is received, NBG may suspend performance, including, without limitation, design, fabrication or delivery of the Products. PLC shall provide adequate assurance within ten (10) days from NBG’s demand. Absent adequate assurance acceptable to NBG, NBG shall also be authorized to modify terms of sale, in addition to any other rights or remedies provided by law. NBG’s exercise of its rights to adequate assurance of performance shall not excuse PLC’s breach of this Agreement. PLC shall pay NBG’s costs of engineering work orders, purchase of out-sourced materials or services, processing, engineering, detailing and producing all approval, permit, or similar erection drawings and details upon delivery of such drawings and receipt of NBG’s invoice, which payment shall be credited against the purchase price.

(b) Invoices for Products as part of an Order that are not delivered are termed “15 days from monthly reconciliation date, no retainage.” All other shipments are to be paid COD unless other terms are specifically agreed to by PLC and the applicable NBG Facility in writing a minimum of four (4) weeks prior to delivery. All COD amounts must be equal to or greater than the amount that PLC owes the applicable NBG Facility for the Products being shipped. If the COD check is not presented upon scheduled delivery time, detention fees will commence immediately.

(c) On all Orders valued at over $80,000.00, the PLC must provide the applicable NBG Facility acceptable proof of funds for the Order from PLC’s customer prior to NBG releasing the Order for fabrication. Proof will be due the Wednesday, three (3) weeks prior to delivery.

Proof can be provided in various ways:

(i) A statement of sufficient funds to cover the Order price (or if the PLC prefers, the C.O.D. amount – whichever is greater) can be turned in on a bank letterhead, and the letter should reference either the job name and or the job number.

(ii) The bank letter can be from the PLC’s bank showing that the PLC has adequate funding to pay for the Order price.

(iii) A copy of PLC’s customer’s cashier’s check with the job number or job name on the memo line can be submitted to the credit analyst.

(iv) The building deposit can be increased to reduce the amount owed to less than $80,000.

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(v) Other options are available on a per-Order or per customer basis through the applicable NBG Facility credit representative or controller.

(d) PLC shall appoint each applicable NBG Facility as “Power of Attorney”, and such NBG Facility shall have all authority, to deposit all COD checks collected. The applicable NBG Facility will perform the necessary accounting and forward the difference to PLC on the second Friday of each fiscal month. The applicable NBG Facility will invoice for sales tax unless provided with appropriate proof of tax exemption.

(e) The applicable NBG Facility will arrange the COD process with the carrier based upon information obtained from PLC. In the event the carrier is not under contract with the applicable NBG Facility, COD payment will take place prior to the job leaving the NBG Facility and PLC will be responsible for all arrangements, as well as claims of shortages or damaged Products.

(f) Projects where delivery is not arranged within five (5) business days of fabrication will be invoiced.

Section 4.8 PRICE INCREASE STANDARD PROCEDURES

NBG will notify PLC as much in advance as possible of when any new pricing will take effect (thus creating a New “Must-Order-By-Date”) along with the approximate amount of the increase, typically given as “X” percent. Typically, this notification will be approximately fourteen (14) days in advance of the increase. In times of extreme volatility in the market, the notification may be less than the typical fourteen (14) days. NBG understands the need for giving as much advance notice as possible and is committed to doing so. The communication sent to the PLC will typically be as shown below in Section 4.11 Standards For Orders. Price increases will typically take effect on the soonest Sunday beyond the notification time frame. Typically, this will be fourteen (14) days + the number of days until the next Sunday. In times of extreme market conditions, this time frame may be less, but typically the increase would still take place on a Sunday. As soon as possible, any revised cost files will be sent to the PLC.

Section 4.9 HONORING PRICING

All NBG in-house quotes are given a “Must-Order-By-Date”, which NBG will honor. When notification of an increase is given, NBG will immediately begin adjusting in-house quotes.

Section 4.10 ADJUSTING IN-HOUSE QUOTES

As soon as the notification for any pricing increase has been given, NBG in-house quotes will be adjusted to show the following:

(a) Price if ordered before: the New Must-Order-By-Date: $Current Pricing

(b) Price if ordered on or after: the New Must-Order-By-Date: A % increase from current pricing (Please Note: the “after” stated in this sub-section is obviously not indefinite, and will have a reasonable time frame. This time frame may vary based on market conditions).

Section 4.11 STANDARDS FOR ORDERS

The following are NBG’s standards for Orders and reflect NBG’s price implementation procedures.

(a) Orders Already Placed with NBG. We will honor the price as stated in NBG’s acceptance letter sent for each Order that is accepted by NBG. The Order acceptance letters contain a “Must-Ship-By” date, which will be honored by NBG. Orders that will not be shipped by this date may be re-quoted by NBG at its sole discretion at the time the Order is released for fabrication to reflect any adjusted pricing. If PLC has entered Orders on Permit Hold, PLC will need to review the “Must Release” dates on each Order

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Acceptance Letter, or by contacting the PC. Releasing Orders by these dates will ensure that the applicable Order ships by the “Must-Ship-By” date.

(b) Production Orders Not Yet Placed with NBG. NBG will honor PLC’s MBS cost file pricing per the following:

(i) Price if ordered before: the New Must-Order-By-Date: $Current Pricing

(ii) Price if ordered on or after: the New Must-Order-By-Date: $New Pricing. (Please Note: the “after” stated in item “b” above is obviously not indefinite, and will have a reasonable time frame. This time frame may vary based on market conditions).

(c) Permit Hold Orders Not Yet Placed with NBG.

(i) When placing an Order for Permit Hold, please add the following amount to the building price before sending in the NBG Ordering Document to NBG: add x% (“x” = the increase percentage amount communicated in the notification)

(ii) If an Order on Permit Hold is released for fabrication before the New Must-Order-By Date, NBG will honor the pricing before the increase, but only if the Order ships by the Must-Ship-By Date. In that case, NBG will issue a change order for the difference between the old and new pricing.

Section 4.12 EXCLUSIONS / OTHER

(a) Buildings will be fabricated using details and components typically found in an NBG building. The NBG Product Line Install Package will be loaded on computers in PLC’s office for estimating purposes only. The Install Package contains specific information required to design, detail and fabricate an NBG Private Label building using the MBS software package.

(b) The standard roof line trim (with a non-labeled peak box) from the fabricating brand’s plant will be furnished for all Orders unless specified otherwise.

(c) NBG brand standard part numbering conventions will be used for all primary, secondary, and supplied components.

(d) Fabrication tolerances are in accordance with the current edition of the MBMA Low Rise Building Systems Manual - Common Industry Practices Section IV.

(e) All weldments will be painted with one coat of NBG standard red oxide primer.

ARTICLE V. FREIGHT AND SHIPMENTS

Section 5.1 INSPECTION OF STEEL

NBG shall make the applicable NBG Facility available to PLC during normal business hours for the purpose of PLC inspecting the fabrication with respect to process, welding, material usage, and prime coating for any Products, but only upon two (2) weeks prior written notice from PLC. The applicable NBG Facility will make available mill certifications to the inspector. The applicable NBG Facility will make every attempt to accommodate the inspector during the process; however, the inspector must be available at the applicable NBG Facility over a period of three (3) days during the scheduled week. PLC waives the right to inspection if the steel is not viewed at the applicable NBG Facility during the manufacturing process.

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Section 5.2 DELIVERY TERMS; TITLE; RISK OF LOSS; DETENTION FEES

(a) NBG and PLC will coordinate shipments of Products on an Order-by-Order basis.

(b) All deliveries shall be EXW (Incoterms 2010) loaded at the applicable NBG Facility or freight prepaid to destination. If shipped freight prepaid, freight charges will be added to each applicable invoice. Neither freight charges nor tax is subject to any discount. Title and risk of loss pass upon delivery. Risk of loss or damage in transit shall be borne by PLC, and claims shall be made directly with the third party carrier. PLC shall indemnify and hold harmless NBG from and against any claims, damages or liabilities suffered by NBG resulting from any acts or omissions of any carrier.

(c) Load Tarping is available upon request prior to shipment and is at an additional charge. Load Tarping is only available when NBG provides freight. Check with the PC for current tarping fees. Tarping is not available on bar joist loads.

(d) Project shipments will be arranged using NBG’s third party carriers unless specifically directed otherwise by PLC.

(e) PLC shall arrange all “customer pick-up” Orders, giving ample time for loading by the applicable NBG Facility. Unannounced arrivals will be loaded based upon the first reasonable time scheduled by the applicable NBG Facility.

(f) With customer pick-up Orders, trailers will be dropped at the applicable NBG Facility. “Live loading” of trailers is not available.

(g) Loading of Products will be the responsibility of the applicable NBG Facility. Loading will be onto flat-bed trailers only. Orders will be shipped within five (5) business days of completion of loading by the applicable NBG Facility or subject to storage charges and/or invoicing by the NBG Facility.

(h) In the event that PLC should need to delay a previously scheduled shipment, NBG will require written notice from PLC at least five (5) business days prior to the previously scheduled shipment date stating the NBG job number, the job name, the previously scheduled shipment date and the requested shipment date. PLC may be invoiced an unloading/reloading fee and/or a carrier cancellation fee. NBG will attempt to arrange delivery on the requested date, but may not be able to do so.

(i) All parties shall recognize the terms listed on the NBG “Confirmation of Delivery”. Each load shall be unloaded by the PLC within two (2) hours of the scheduled delivery time. If this does not occur, the PLC agrees to pay additional fees of $50 per hour per load. If payment terms are COD and payment is not available at time of scheduled delivery, detention fees will commence immediately. If delivery of a load does not arrive at the applicable delivery site within two (2) hours after the scheduled delivery time, the applicable NBG Facility agrees to credit the PLC $50 per hour per load with a maximum aggregate cap of $400 per load for any late delivery. Such amounts in this Section 5.2(i) are considered liquidated damages, and shall only apply to the failure of unloading at the site, or delivery to the site, as applicable, by the scheduled delivery time. It is expressly agreed that PLC and each NBG Facility are familiar with transactions of this type and that the liquidated damages specified above represent a consensual apportionment of the risks of such failure of unloading or delivery, as applicable, by the scheduled time. PLC and each NBG Facility further agree that any sums due and owing to PLC or an NBG Facility under this Section 5.2(i) shall not be considered a penalty and shall be considered as liquidation of a reasonable portion of damages incurred by PLC or the NBG Facility, as applicable, as a result of failure of unloading or delivery by the scheduled time, and shall be PLC’s or the NBG Facility’s, as applicable, exclusive remedy for any such delay for unloading or delivery to the site, as applicable.

(j) PLC shall take responsibility for ensuring that delivery site conditions are conducive to semi- truck traffic with a flat firm surface for safe unloading of the Products as well as entrance to and exit

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from the unloading site. In the event the driver determines the road leading to the site, or the delivery site itself, is not safe, the Products will be unloaded at the nearest safe location.

(k) In the event of direction from PLC that the load must be returned or redirected, the actual price of additional freight, storage, trailer rental, off loading and reloading will be added to the invoice amount. PLC is responsible for damage on all Orders that are redirected from the original site or off loaded and reloaded.

Section 5.3 CLAIMS, BACK CHARGES AND SHORTAGES

(a) All claims and back charges will be coordinated by PLC with its customer.

(b) Shortages will be researched by PLC and reported to the PC for disposition within one (1) calendar week from the date of shipment.

(c) The NBG Facility and PLC will subsequently negotiate any claims based on accountability for the back charge.

(d) The current edition of the MBMA Low Rise Building Systems Manual - Common Industry Practices Section will be used as a guideline for settling all claims. All claims will be paid in accordance with the MBMA (CIP).

(e) Maximum hourly rate will be no more than $45 per hour for direct labor.

(f) Any claims will be reported before work is performed. NBG will not be responsible for any claims not reported to NBG.

(g) Samples, photographic evidence, or other reasonable means will be provided to NBG as requested for verification.

(h) No back charge will be deducted from any invoice. Back charges shall be credited or paid by check where no balance occurs.

(i) NBG does not provide field labor, inspection services, or supervision to any jobsite.

(j) All communications for service issues must take place between an NBG representative and PLC representative only. NBG representatives will not communicate directly with the PLC’s customer without the PLC representative being present.

(k) Plans will be provided to NBG on any shortage or back charge situation where requested by NBG.

Section 5.4 UN-USED TRUCKS

(a) Parameters for Determining Freight. Freight is based on 38,000 lbs. per truck (different rules apply for seamed roof panels). MBS only allows single-building input, and MBS charges Freight per building.

(b) Example Scenarios.

(i) If an Order has multiple buildings going to the site, and they can be combined on the truck, the applicable NBG Facility will credit the freight costs for one of the buildings.

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(ii) A single building is quoted requiring four (4) trucks. If less than four (4) trucks are required, the applicable NBG Facility will not credit the freight. If more than four (4) trucks are required, the NBG Facility will not charge additional freight.

ARTICLE VI. PERMIT AND FINAL CONSTRUCTION DRAWINGS

The following are the standards for Permit and Final Construction Drawing Mailings for the PLC. The parties shall mutually agree on any additional documentation the PLC may request.

Section 6.1 PERMIT DRAWING STANDARDS

(a) Sent to PLC (electronically): (i) three (3) Sets of Permit Drawings; and (ii) one (1) Letter of Design Certification.

(b) Sent to PLC’s customer (mailed): (i) three (3) Sets of Permit Drawings; and (ii) one (1) Letter of Design Certification.

Section 6.2 FINAL DRAWING STANDARDS

(a) Sent to PLC (electronically): three (3) Sets of Final Drawings.

(b) Sent to PLC’s customer (mailed): three (3) Sets of Final Drawings.

PLC shall coordinate with the specific PC for any of PLC’s additional requests for drawings or other requirements.

Section 6.3 SPECIAL DRAWING REQUIREMENTS

NBG supplies 11 x 17 Drawings as a standard offering for PLC. Special pricing and schedule will be required for special or larger size drawing requirements.

ARTICLE VII. NON-U.S. ORDERS

Section 7.1 CANADIAN EXPORTS

(a) Projects located in Canada are available from some NBG Facilities.

(b) PLC will make arrangements concerning tax brokerage and related customs paperwork including the “Canadian Customs Invoice” from its customs broker to the applicable NBG Facility Shipping Department prior to the scheduled shipment date. This is as a result of security features implemented at all U.S. / Canadian Border crossings, and is subject to change from time to time as required by applicable law. Should this documentation not be available to the applicable NBG Facility’s Shipping Department on the ship date, the NBG Facility will hold the shipment until the proper documentation is received.

(c) PRODUCTS SOLD BY ANY NBG FACILITY FOR USE OR INSTALLATION

OUTSIDE THE UNITED STATES OF AMERICA ARE PROVIDED TO THE PLC AND ANY OF

ITS END CUSTOMERS ON AN “AS IS, WHERE IS, AND WITH ALL FAULTS”. EACH NBG

FACILITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY TYPE, INCLUDING THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.

(d) Payment for all Orders that will be shipped outside of the United States are due prior to shipment.

(e) All payments are to be in U.S. dollars.

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Section 7.2 OVERSEAS EXPORTS

(a) All overseas shipment Orders are REQUIRED to be sent into NBG Estimating as price levels fluctuate with the export market and may not closely follow standard MBS pricing.

(b) Standard Order lead times do not apply for overseas Orders. Schedules will be determined by the applicable PC, and will be specific to each Order.

(c) Standard parts overages will apply to all overseas Orders. Standard overseas overage quantities can be obtained from NBG upon request by PLC.

(d) All Orders will be designed, detailed, and fabricated with a maximum length of 38’, unless noted and approved otherwise by the applicable NBG Facility. The final pricing for each Order may be affected with parts exceeding the 38’ limit. All information will need to be documented in each Order.

(e) Material will be loaded on flat bed trailers and shipped EXW (Incoterms 2010) loaded at the applicable NBG Facility to the Port of Call only.

(f) The containers required for storing Products shipboard are not supplied by any NBG Facility. The cost for the container rental is also not included in the price quoted for the Order.

(g) The NBG Facilities are not responsible for the containerization of Product and is not included with any Order.

(h) The NBG Facilities will not supply metric calculations and or metric drawings. Standard English calculations and drawings will be supplied on all Orders.

(i) PRODUCTS SOLD BY ANY NBG FACILITY FOR USE OR INSTALLATION

OUTSIDE THE UNITED STATES OF AMERICA ARE PROVIDED TO THE PLC AND ANY OF

ITS END CUSTOMERS ON AN “AS IS, WHERE IS, AND WITH ALL FAULTS”. EACH NBG

FACILITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY TYPE, INCLUDING THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.

(j) The applicable NBG Facility will provide only one coat of standard oxide primer on secondary and primary members.

(k) The applicable NBG Facility will supply all standard packaging on warehouse and buyout items.

(l) Each NBG Facility will require a minimum of ten percent (10%) down on all Orders equal to or greater than twenty (20) tons at Order entry. Depending upon the complexity of the Order, the applicable NBG Facility may require the deposit to be increased. All Orders less than twenty (20) tons will require the complete engineering cost as a deposit at Order entry.

(m) Each NBG Facility will require CASH IN ADVANCE on the balance of each Order before fabrication of the Product can commence.

(n) PLC is responsible for completing an inventory at the Port of Call, and any shortages discovered after the Products leave the Port of Call with be the sole responsibility of the PLC. NBG recommends that the PLC engages a representative or other third party to complete an inventory.

(o) Any claims resulting in replacement parts being required will be shipped by the applicable NBG Facility by low cost transportation that will be determined by the applicable NBG Facility and paid by PLC’s customer.

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(p) PLC (or its end customer, if designated by PLC) is solely responsible to ensure that correct loads and codes for the end destination of the Products are included in the MBS Order. No NBG Facility will accept any responsibility or liability to identify or ensure that the Product is designed under the correct loads and code for this geographical area. No NBG Facility is responsible for checking loads/codes at the quote stage. If discrepancies in codes/loads are found during the final design stage, NBG will notify PLC. PLC shall be responsible for any additional costs that may be incurred due to incorrect loading/code data supplied at the quote stage.

(q) The applicable NBG Facility’s design and stamping engineer will stamp drawings and LOC (Letter of Certification) for the applicable United States of America state of departure only.

(r) NBG reserves the right of refusal and/or acceptance of any Order that will end up in an active War Zone or end up in a Country or State that is a known enemy of the United States.

(s) Delivery is scheduled as much as possible at the convenience of the PLC. Each load shall be unloaded by the PLC within two (2) hours of the scheduled delivery time to the Port of Call. If this does not occur, the PLC agrees to pay additional fees of $50 per hour per load, with a maximum of $200 per load. As noted above, COD is not a valid form of payment on Orders for overseas export. If delivery of a load does not arrive at the applicable delivery site within two (2) hours after the scheduled delivery time, the applicable NBG Facility agrees to credit the PLC $50 per hour per load with a maximum aggregate cap of $400 per load for any late delivery. Such amounts in this Section 7.2(s) are considered liquidated damages, and shall only apply to the failure of unloading at the site, or delivery to the site, as applicable, by the scheduled delivery time. It is expressly agreed that PLC and each NBG Facility are familiar with transactions of this type and that the liquidated damages specified above represent a consensual apportionment of the risks of such failure of unloading or delivery, as applicable, by the scheduled time. PLC and each NBG Facility further agree that any sums due and owing to PLC or an NBG Facility under this Section 7.2(s) shall not be considered a penalty and shall be considered as liquidation of a reasonable portion of damages incurred by PLC or the NBG Facility, as applicable, as a result of failure of unloading or delivery by the scheduled time, and shall be PLC’s or the NBG Facility’s, as applicable, exclusive remedy for any such delay for unloading or delivery to the site, as applicable.

ARTICLE VIII. CUSTOM ORDERS AND EXISTING BUILDINGS

Section 8.1 CUSTOM QUOTES/ORDERS

(a) NBG’s pricing software is setup for standard rectangular, “box” Orders for the PLC. However, NBG does provide estimating services for industry standard items that cannot be priced through the MBS software. These Orders will be handled directly by NBG as designated at the time of request.

(b) Conditions such as Hips, Valleys, Skews, Mezzanines, Non-Standard Panels, crane steel, etc. are typically not available for PLC.

(c) Custom Quotes must be sent in to NBG’s Commercial Services Team. The Commercial Services Team will coordinate with the designated NBG Facility.

(d) Delivery dates for custom quotes will need to be determined through the PC.

(e) Pricing will be adjusted in accordance with the scope of work, the amount of strategic information made available to NBG, the current backlog at the applicable NBG Facility, and other factors that may arise on a per Order basis.

(f) With custom quote requests, NBG will check internally to ensure that NBG does not already have an Authorized Builder on the Order. If so, NBG will decline to quote to the PLC. If the PLC sends in the quote request before the Authorized Builder does, NBG will quote to both the PLC and the Authorized Builder.

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(g) NBG does not provide take-off services. Scope of work will be determined by the PLC. The PLC is required to send in the MBS zip file along with the quote request.

(h) NBG will not knowingly take a quote request from a PLC and give it to an Authorized Builder.

(i) NBG might require that certain custom Orders be made conditioned upon PLC’s approval of drawings, and PLC and the applicable NBG Facility acknowledge and agree that the NBG Ordering Document placed by PLC does not become an Order that is scheduled to be produced until PLC has approved the drawings.

Section 8.2 EXISTING BUILDING SHEET REQUIREMENTS

A copy of the Existing Building Sheet Form can be obtained from the applicable NBG Facility’s

Estimating or Customer Service departments.

Section 8.3 NEW BUILDING ATTACHING TO EXISTING NBG BUILDING

(a) For Orders butting up to an existing NBG building, NBG will fill out the form.

(b) The PLC needs to sign it and send it back.

(c) If an Order has already been entered and it is subsequently discovered that the Products that are the subject of the Order are butting up to an existing NBG building, we will process the existing NBG building sheet via a Change Order.

Section 8.4 NEW BUILDING ATTACHING TO EXISTING NON-NBG BUILDING

(a) For Orders butting up to non-NBG existing buildings, the PLC will fill out the form.

(b) If an Order has already been entered and it is later discovered that the Products that are the subject of the Order are butting up to a non-NBG existing building, NBG will process the existing building sheet via a Change Order.

ARTICLE IX. SAFETY GUIDELINES

Section 9.1 ROOF SNOW REMOVAL GUIDELINES

(a) Roof snow accumulations in excess of specified Order design loading criteria can cause significant distress to the applicable NBG building structural system. Snow will build up in areas around firewalls, parapet walls, valleys, dormers, and on lower roof levels where a roof step occurs. Since the density of snow varies depending on weather conditions during and after a snow fall, it is not possible to determine a single value for the allowable height of snow that a building can safely support.

(b) In addition, the underlying snow density increases due to melting from the building heat loss and as water is absorbed from the melting snow above. As weather and temperature changes continue, ice may build up under the snow layers, further increasing the building roof loading intensity. This ice buildup also causes additional water back-up on the roof deck.

(c) The most severe condition occurs when rain falls on a roof system already loaded by snow. In this case, the snow absorbs the rain water, and loads can approach the weight of water (62.4 pounds per cubic foot, or 5.2 pounds per inch of depth). This condition must be monitored with extreme caution.

(d) The following procedure may be used as a guideline for responding to roof overload conditions due to extreme snow and ice buildup conditions:

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(i) Visually inspect the roof system to identify unusual deflections of frames, purlins, or joists. Starting in this area, remove approximately one-half of the snow depth in a pattern that does not cause an unbalanced loading condition on the frames or purlins.

(ii) In general, the shoveling pattern should progress from each endwall of the building towards the center. On larger roof areas, additional people working from the center of the building to the ends is recommended.

(iii) Along the building width, remove snow from the eave towards the ridge, sliding the snow off the roof over the gutter. On gabled buildings, remove the snow on both sides of the ridge at the same time.

(iv) Remove the remaining half of the snow depth in the same manner as described above.

(v) Never use metal shovels or “scrape” the roof down to the surface of the panel. Remember, the objective is to relieve the excess loading condition due to the weight of the snow, not to completely clear the roof panel of all snow and ice. Attempting to scrape the roof will result in broken fasteners and loose compression hoods, creating roof leaks.

(vi) Keep gutters, downspouts and roof drains open and free flowing to prevent water back up and ice buildup on the roof system. Ice damming conditions are especially likely on the north side of a building and in shaded areas. Installing heat tape in gutters and downspouts can also be used as a precaution; however, heat tapes may not be 100% effective in extremely low temperatures and should be checked regularly.

(vii) Watch for extreme deflections and listen for unusual noises when snow and ice buildup conditions exist.

Section 9.2 GENERAL SAFETY GUIDELINES

(a) Always provide proper safety precautions when working on the roof.

(b) Pay special attention to and be aware of Translucent Roof Panel locations. These panels are not intended to support roof foot traffic loads.

(c) Be cautious of snow or ice breaking away and sliding down the roof, even on low slope buildings. Metal roof systems are extremely slippery when wet.

(d) Use extreme care when working along the edge of the roof.

(e) Never send one person alone on a roof to remove snow.

Section 9.3 DISCLAIMER OF RESPONSIBILITY. PLC ACKNOWLEDGES AND AGREES

THAT THE GUIDELINES SET FORTH IN THIS ARTICLE IX ARE SUGGESTIONS ONLY. PLC MUST

USE ITS DISCRETION GIVEN THE SPECIFICS OF ANY CIRCUMSTANCES RELATED TO THE

ABOVE SAFETY CONCERNS. EACH NBG FACILITY AND ITS AFFILIATES HEREBY EXPRESSLY

DISCLAIM ANY AND ALL LIABILITY RELATED TO WHETHER, OR NOT, THE ABOVE GUIDELINES

ARE FOLLOWED.

ARTICLE X. NBG BRAND PROTECTION

PLC is not allowed to reference or otherwise use NBG, any NBG Facility, or any of its or their parent or affiliate companies’ name(s) in any way. PLC is to represent themselves in the marketplace as an independent company. It is not acceptable for the PLC to use the NBG name, any NBG Facility name (or specific brand name), any of NBG’s affiliates’ names,

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or the reputation of NBG, any NBG Facility, or any of its or their affiliates to aid in the process of securing a sale. PLC is strictly prohibited from using any such NBG, NBG Facility, or any NBG affiliates’ names on marketing websites or in other marketing materials such as brochures, advertisements, tradeshow displays, etc.

ARTICLE XI. PROOF OF GENERAL LIABILITY INSURANCE

PLC is required to submit to the applicable NBG Facility a Certificate of Liability Insurance (CLI) and all required endorsements evidencing Commercial General Liability coverage with a limit of not less than Five Million Dollars ($5,000,000). Such policy must contain an unqualified requirement that the insurance company provide each applicable NBG Facility with thirty (30) days’ written notice of any cancellation or lapse of said policy or any alteration of the coverage limitations or any change to any NBG Facility’s additional insured status. The policy must contain a waiver of all rights of subrogation against each NBG Facility. The CLI must state for the policy required that each NBG Facility is named as an additional insured on such policy via CG 20 10 07 04 and CG 20 37 07 04 (or equivalent endorsements subject to NBG’s approval). Further, PLC must provide a cancellation endorsement for such policy providing that the insurer will provide each NBG Facility with not less than thirty (30) days’ written notice prior to any cancellation, non-renewal or material alteration of coverage.

ARTICLE XII. PLC AND NBG WARRANTIES; LIMITATIONS OF LIABILITY

Section 12.1 PLC warrants that (a) it has determined the intended use of the building in which the Products will be incorporated; (b) it has determined and specified to NBG all loads for such Products, including, but not limited to, live load, wind load, snow load, collateral, mechanical or auxiliary loads, seismic data, importance and exposure factors; (c) such determinations and specifications comply with applicable building codes, statutory and regulatory requirements pertaining to such buildings and Products; and (d) that all loads, exposure factors, codes and other specifications in this Agreement have been (i) specified correctly to the applicable NBG Facility, (ii) determined in consultation with a licensed design professional or local governmental administrator (“Design Professional”), and (iii) fully satisfy local governmental and regulatory requirements for the building and Products. PLC acknowledges that neither NBG nor any NBG Facility is the Design Professional of record for any Product provided as part of any Order. PLC, its customer or their Design Professionals shall be responsible for the design, installation and maintenance of translucent panels or skylights in compliance with applicable laws and standards.

Section 12.2 PLC shall indemnify, defend and hold harmless NBG from all claims, actions, damages, losses or expenses, including without limitation reasonable attorneys’ fees and litigation expenses, arising from personal injuries or property damage resulting from (i) noncompliance with the applicable NBG Facility’s erection plans and specifications; (ii) negligent or faulty erection of Products by PLC, its customer or their subcontractors; (iii) inadequate structural systems, connections, or bracing provided by third parties; or (iv) any breach of any of PLC’s warranties or obligations under this Agreement.

Section 12.3 Standard Warranty for the Products. SUBJECT TO STANDARD MANUFACTURING

VARIATIONS, EACH NBG FACILITY WARRANTS THAT THE PRODUCTS FURNISHED FOR EACH

ORDER SHALL MEET THE SPECIFICATIONS SET FORTH IN THE ORDER AS MUTUALLY AGREED

TO BY THE PARTIES, AND SUCH PRODUCTS SHALL BE FREE OF DEFECTS IN MATERIALS AND

FABRICATION FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF DELIVERY TO PLC, AS

MORE SPECIFICALLY SET FORTH IN SCHEDULE 4 TO EXHIBIT A OF THIS AGREEMENT.

Section 12.4 Specific Material Warranties. In addition to the standard warranty provided in Section 12.3, the applicable NBG Facility shall pass through, from the original manufacturer to the benefit of PLC’s end customer, the specific material warranties at issue from such manufacturer (each, a “Specific Warranty”) provided as part of the applicable Product, all in accordance with any such Specific Warranties mutually agreed to by PLC and NBG for any specific Product and as further detailed and attached hereto as Exhibit A to this Agreement.

Section 12.5 Disclaimer of Warranties. EXCEPT AS SET FORTH IN SECTION 12.3, OR ANY

SPECIFIC WARRANTIES PURSUANT TO SECTION 12.4 MUTUALLY AGREED TO BY THE PARTIES,

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NBG MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDES

ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 12.6 Limitations of Liability. PLC’S EXCLUSIVE REMEDY AGAINST ANY NBG

FACILITY, AND SUCH NBG FACILITY’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS ARISING

UNDER OR PURSUANT TO ANY ORDER OR OTHERWISE WITH RESPECT TO THIS AGREEMENT,

WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR

OTHERWISE, SHALL BE LIMITED TO THE APPLICABLE NBG FACILITY’S REPLACING

PRODUCTS THAT DO NOT CONFORM TO SPECIFICATIONS OR, AT THE NBG FACILITY’S

OPTION, REFUNDING THE PURCHASE PRICE OF THE PRODUCTS AT ISSUE. IN NO EVENT SHALL

ANY NBG FACILITY HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE

PURCHASE PRICE OF THE PRODUCTS IN QUESTION, NOR SHALL ANY NBG FACILITY HAVE ANY

LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.

ARTICLE XIII. GOVERNING LAW; JURISDICTION

The Agreement shall be governed by and construed in accordance with the laws of the State in which the applicable NBG Facility is located without giving effect to any State’s choice-of-law rules that may require the application of the laws of another jurisdiction.

ARTICLE XIV. ARBITRATION

Any dispute arising in connection with this Agreement shall be submitted to arbitration; provided, however, PLC and the applicable NBG Facility agree that the sole exceptions to the foregoing are that the NBG Facility, at its sole option, may require that disputes involving patent infringement claims (including without limitation direct claims as well as related indemnity or warranty claims), requests for injunctive relief or actions to enforce any arbitral award, be submitted to a court of competent jurisdiction. Except as otherwise set forth in this Article XIV, such arbitration shall be conducted pursuant to the Federal Arbitration Act (9 U.S.C. 1 et seq.). The language of arbitration shall be English. The place of arbitration shall be, at the option of the applicable NBG Facility, any city within the State in which the applicable NBG Facility is located, or Charlotte, North Carolina. If the amount in dispute is less than $1,000,000, all issues shall be determined by one (1) neutral arbitrator, and if the amount is greater than $1,000,000, all issues shall be determined by three (3) neutral arbitrators. The arbitrator(s) shall be selected pursuant to the AAA “Arbitrator Select: List and Appointment” process, or if unavailable, a similar process offered by any other nationally recognized alternative dispute resolution organization. The arbitrator(s) shall have the authority to and shall award the prevailing party its reasonable costs and attorneys’ fees. Failing such award, expenses of the arbitration shall be divided equally between the parties. In the event of arbitration, the arbitration panel shall pass finally upon all questions, both of law and fact, and its findings and award shall be conclusive. Pre-hearing discovery shall be available to both parties and shall be governed by the Federal Rules of Civil Procedure. Such discovery may be used as evidence in the arbitration hearing to the same extent as if it were a court proceeding. All aspects of the arbitration proceedings, including but not limited to the results of the arbitration, information obtained by either party during the course of discovery, as well as the existence of the arbitration itself, unless necessary for confirmation or enforcement of an arbitration award or otherwise required to be disclosed pursuant to applicable law, shall be kept confidential and shall not be disclosed to any third party. Information obtained by either party during the course of discovery shall not be used except in connection with the arbitration proceeding, and at the conclusion of the proceeding shall be returned to the other party. Both parties shall make their agents and employees available upon reasonable notice at reasonable times and places for pre-hearing depositions without the necessity of subpoenas or other court orders. The arbitrators shall issue subpoenas to compel the attendance of, and the production of documents by, third party witnesses at depositions or at the hearing. Enforcement of the arbitration award may be ordered by any court of competent jurisdiction.

ARTICLE XV. ENTIRE AGREEMENT; MISCELLANEOUS

Section 15.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns; provided, however, PLC shall not assign, transfer or delegate this Agreement or any interest or obligation herein.

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Section 15.2 Severability. Should any term, covenant, condition or provision of this Agreement be held to be invalid or unenforceable, the balance of this Agreement shall remain in full force and shall stand as if the unenforceable provision did not exist.

Section 15.3 Headings. The section headings of this Agreement are for reference only and shall not be considered in the interpretation of this Agreement.

Section 15.4 Force Majeure; Excusable Delay. No NBG Facility shall be responsible for non-shipment of Products or delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to, acts of God; acts of PLC; strikes or other labor disturbances; any NBG Facility’s inability to obtain, or material increases in the cost of, fuel, raw materials or parts; delays in transportation; repairs to equipment; fires; or accidents. Acceptance of Products upon delivery shall constitute a waiver by PLC of any claim for damages on account of non-shipment or delays in delivery or performance.

Section 15.5 Counterparts. This Agreement may be executed in any number of counterparts as evidenced by facsimile, .pdf or other electronic copies, each such counterpart hereof shall be deemed to be an original instrument, and all such counterparts together shall constitute but one agreement.

Section 15.6 Entire Agreement; Amendments. This Agreement and any schedules or exhibits attached hereto and referenced herein set forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior agreements, arrangements, and understandings related to the subject matter hereof. Any purchase orders and any acknowledgements or other preprinted forms or related documentation issued by PLC or any NBG Facility pursuant to any Order or otherwise regarding any matter governed by this Agreement are issued solely for administrative purposes, and all terms, conditions and obligations contained therein or on such other forms or documentation shall be deemed to have no effect with respect to the provision of any Order or this Agreement. This Agreement may be amended, modified, superseded, or canceled, and any of the terms, provisions, covenants, representations, warranties, or conditions hereof may be waived, only by a written instrument executed by both parties, or, in the case of a waiver, by the party waiving compliance.

[SIGNATURES APPEAR ON FOLLOWING PAGES]

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IN WITNESS WHEREOF, NBG and PLC have caused this Agreement to be executed by a duly authorized officer or employee, all as of the Effective Date.

NUCOR CORPORATION, on behalf of its [INSERT PLC ENTITY NAME]

divisions and subsidiaries comprising the

Nucor Buildings Group

By: By:

Name: Name:

Title: Title:

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EXHIBIT A

PRIVATE LABEL SPECIFIC WARRANTIES

EXPLANATION OF WARRANTIES

(1) NBG will provide the standard material warranties to PLC as set forth in Article XII of the Agreement. PLC is responsible for providing warranties to their customers as they see fit.

(2) Except as covered by the warranties set forth in Article XII of the Agreement or attached as

a Schedule to this Exhibit A, all Products provided under this Agreement are provided “as is” with no other

warranty from NBG.

(3) The cost of any additional warranties other than those contained in Article XII or this Exhibit A are not included in the price of any Product and will be handled as a separate transaction between PLC and the applicable NBG Facility.

(4) NBG does not offer weather-tightness warranties for any wall or roof system. (5) Canada, Alaska, and Mexico are included in the Panel Finish Warranties. (6) Hawaii is excluded from the Panel Finish Warranties.

SCHEDULE 1 TO EXHIBIT A - 25 YEAR GALVALUME® (OR EQUIVALENT)

SCHEDULE 2 TO EXHIBIT A - 25 YEAR SILICONE POLYESTER

SCHEDULE 3 TO EXHIBIT A - 30 YEAR PVDF (POLYVINYLIDENE DIFLUORIDE)

SCHEDULE 4 TO EXHIBIT A – ONE YEAR BUILDING WARRANTY

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SCHEDULE 1

25 YEAR GALVALUME® (OR EQUIVALENT)

Roof Panel Material Warranty

Last Revised: December, 2017

NBG warrants to PLC that the NBG Galvalume® (or equivalent) Roof Panels if used in the construction of a Product and erected within the United States, will not rupture, fail structurally, or perforate within a period of twenty (25) years after shipment from the applicable NBG Facility due to exposure to normal atmospheric conditions:

This warranty DOES NOT APPLY to roof panels exposed at any time to corrosive or aggressive atmospheric conditions, including but not limited to:

1. Areas subject to salt water (marine atmospheres) or to constant spraying of either salt or fresh water. 2. Areas subject to fallout or exposure to corrosive chemicals, fumes, ash, cement dust or animal waste. 3. Areas subject to water run-off from lead or copper flashings or areas in contact with lead or copper. 4. Conditions or circumstances where corrosive fumes or condensates are generated or released inside

the building. 5. Areas where panels were not stored or installed per NBG specifications.

This Warranty DOES NOT apply in the event of:

A. Mechanical, chemical, or other damage sustained by the roof panels during shipment, storage, erection, or after erection.

B. Failure to provide free drainage of water, including internal condensation, from overlaps and all other surfaces of the panels.

C. Failure to remove debris from overlaps and all other surfaces of the panels. D. Damage caused to the metallic coating of the panels by improper scouring or cleaning procedures. E. Deterioration of the panels caused by contact with green or wet lumber. F. Presence of damp insulation or other corrosive materials in contact with or close proximity to the

panels. G. Failure to use appropriate fasteners as specified in the NBG Erection Manual for all roof panel

connections. H. Damage caused to metallic coating due to falling objects including hail and/or wind-borne debris. I. Failure of panels applied to slopes which are flatter than 1/4:12.

Additionally, insulation systems must be as defined in NBG standard documents provided for the Products at issue. Where NBG does not generate the drawings and bill of materials, damage due to excessive or improper insulation is excluded from this warranty. Un-insulated roof areas are also excluded from this warranty. Improper use of cutting blades or hot saws that expose the panels to debris shall void the warranty. Product life may be diminished by water runoff from existing structures, condensation unit runoff, or pipes and the like that introduce irritants to the panels.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The foregoing warranty applies only to roof panels that remain in place at the site of the original construction and which have been stored and erected in strict accordance with all applicable NBG standards. The foregoing warranty is extended solely to PLC, and is not transferable or assignable.

In the event of the failure of the panels to conform to the foregoing warranty within twenty (25) years from the date of shipment of the panels from the applicable NBG Facility, NBG must be notified by PLC in writing within thirty (30) days of discovery of such failure and given an adequate identification of the panels involved in the claim, including date of installation, invoice number and date of shipment. No corrective action shall be taken without NBG first having been afforded reasonable opportunity to examine the failure and to approve the method of corrective action taken. Failure to give such notice shall void this warranty.

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PLC’S EXCLUSIVE REMEDY AGAINST NBG, AND NBG’S SOLE OBLIGATION, FOR ANY AND ALL

CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING

NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO REPAIRING DEFECTIVE PANELS, OR AT

NBG’S SOLE OPTION, TO FURNISH EX WORKS (INCOTERMS 2010) THE APPLICABLE NBG

FACILITY’S SUFFICIENT REPLACEMENT PANELS FOR THE DEFECTIVE PANELS. IN NO EVENT

SHALL NBG HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE

PRICE OF THE PRODUCTS IN QUESTION, NOR SHALL NBG HAVE ANY LIABILITY FOR SPECIAL,

INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.

NBG shall not in any event be liable for the cost of labor to replace any defective panels, nor shall NBG have any liability for incidental or consequential damages.

NBG shall not have any obligation under any warranty or guarantee until all bills for material of said building and component thereof have been paid in full by PLC.

PLC has certified or will certify that NBG panels covered by this warranty were or will be stored and installed in strict accordance with NBG standards. In the event panels are not stored and installed in strict accordance with NBG standards, PLC and/or those responsible for installation assume any and all liabilities to the customer/owner.

X

Nucor Building Group Date Principal Date

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SCHEDULE 2

25 YEAR SILICONE POLYESTER

Roof & Wall Panel Paint System Material Warranty

Last Revised: March, 2012

NBG hereby warrants to PLC that its Silicon Polyester Paint system (including white and specified exterior color finishes, primer, and backing enamel) will perform as follows:

CHALK RATING

Will not chalk for a period of twenty-five (25) years from date of shipment from the applicable NBG Facility on sidewall or roof panels in excess of a numerical rating of 8 when measured in accordance with the procedure specified in ASTM-D4214-98.

FADE RATING

1. Will not fade for a period of twenty-five (25) years from date of shipment on sidewall or roof panels in excess of 5DE (Hunter) units when tested in accordance with the procedure outlined in ASTM-D-2244-02.

2. Color change shall be measured on an exposed painted surface that has been cleaned of surface soils, dirt, chalk, oxidized film, oil, grease or other foreign contaminants. It is understood that fading may not be uniform if the surfaces are not equally exposed to the sun and elements.

NBG warrants to PLC named below that its Silicone Polyester Paint system will not crack, check, blister, peel, flake, or chip for a period of twenty-five (25) years. Cracks or cracking is defined as breaks in the flat coating as opposed to cracking or breaks in the film caused by metal forming which is accepted as standard.

If the NBG Silicon Polyester Paint system finishes on any panels fail to meet the above warranty, NBG will:

1. repaint or make available, on site, any such panels showing such failure, or

2. otherwise restore such panels to the satisfaction of the Original Building Owner, and will assume the full cost of materials, EXW Loaded, required for such repainting, replacement, or restoration. In no event shall NBG be liable for any incidental, special, punitive, or consequential damages.

It will be at the discretion of NBG what measures shall be taken (i.e. whether such panels will be repainted, replaced, or otherwise treated) to provide suitable repair or restoration of any failure.

This warranty applies only to panels erected in the Continental United States (including Alaska), and which have been exposed to normal weather and atmospheric conditions, is limited to the aforementioned defects or failures, and does not apply to defects or failures caused by acts of God, falling objects, incorrect erection techniques, external forces, explosions, fire, riots, civil commotions, acts of war, radiation or harmful gases or fumes, excessive salt atmospheres, chemicals and foreign substances (i.e. abnormal quantities of sand or dirt particles) in the air or atmosphere, and regardless of roof or sidewall pitch, installation and storage must provide for proper drainage so as not to hold any water of condensation. Additionally, insulation systems must be as defined in NBG standard documents. Improper use of cutting blades or hot saws that expose the panels to debris shall void the warranty. This warranty does not apply to panels exposed to conditions that may diminish the life of the panels such as water runoff from existing structures, condensation unit runoff, or pipes and the like that introduce irritants to the panels.

NBG MAKES NO GUARANTEE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, WARRANTIES OF FITNESS FOR ANY PURPOSE AND MERCHANTABILITY BEYOND

THIS WARRANTY WITH RESPECT TO ITS SILICONE POLYESTER PAINT SYSTEM, AND SHALL

HAVE NO LIABILITY WITH RESPECT THERETO EXCEPT TO REPAINT, REPLACE, OR RESTORE

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PANELS FAILING TO MEET THE PRIOR MENTIONED GUARANTEE AS HEREINAFTER

CONDITIONED AND LIMITED.

In the event of failure of NBG’s Silicone Polyester Paint System finished panels within the warranty period, NBG must be notified in writing concerning the failure within thirty (30) days after the failure is called to the PLC’s attention. NBG shall upon notification, inspect such failure.

If NBG determines that the failure is covered by the warranty, it will be NBG’s responsibility to obtain two or more competitive bids for repainting, replacing, or otherwise restoring the panels showing failure to the satisfaction of the PLC; whichever method is at the discretion of NBB, most appropriate to remedy the failure. Labor for replacement panels shall not be covered by NBG.

Panels repainted, replaced, or otherwise restored hereunder shall be warranted to the same extent, and to the same expiration date, as the original defective material repainted, replaced, or restored hereunder. NBG reserves the right to reject such bids, and may obtain additional bids for remedying the failure, as required herein. In the case of repainting, NBG also reserves the right to reject the repainted materials to be used.

Upon acceptance of any such bid, NBG will authorize the PLC in writing to proceed with the required corrective work, and upon receipt of satisfactory proof of its expenses and a full and complete written release from PLC of any and all further claims against NBG under this warranty arising from such failure, NBG will pay PLC’s authorized costs of materials.

This warranty is the full and complete agreement of the parties and shall not be modified, altered, or extended except in writing signed by a duly authorized representative of NBG. PLC’S EXCLUSIVE REMEDY AGAINST NBG,

AND NBG’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE

LIMITED TO THE CORRECTIVE WORK. IN NO EVENT SHALL NBG HAVE ANY LIABILITY FOR

DAMAGES IN AN AMOUNT EXCEEDING THE SPECIFIC PRICE OF NBG’S SILICONE POLYESTER

PAINT INCLUDED AS PART OF THE PRODUCTS IN QUESTION, NOR SHALL NBG HAVE ANY

LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This warranty shall be deemed to have become effective on the shipment date and will apply to NBG’s Silicone Polyester Paint System materials, as defined herein, shipped on or after such date.

NBG shall not have any obligation under any warranty or guarantee until all bills for material, installation and erection of said building and component thereof and labor and other work performed have been paid in full by PLC.

PLC has certified that NBG panels were stored and installed in accordance with NBG instructions. In the event Panels were not stored and installed in accordance with NBG instructions, the PLC and/or those responsible for installation assume any and all liabilities to the customer/owner.

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Nucor Building Group Date Principal Date

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SCHEDULE 3

30 YEAR PVDF (POLYVINYLIDENE DIFLUORIDE)

Roof & Sidewall Paint System Warranty

Last Revised: June, 2013

NBG hereby warrants to PLC that its PVDF system will perform as follows: (Non-standard NBG/custom colors are excluded from this warranty unless otherwise agreed upon in writing)

CHALK RATING

Will not chalk for a period of thirty (30) years from date of shipment on sidewall or roof panels in excess of a numerical rating of 8 when measured in accordance with the procedure specified in ASTM-D4214-98.

FADE RATING

1. Will not fade for a period of thirty (30) years from date of shipment on sidewall or roof panels in excess of 5E (Hunter) units when tested in accordance with the procedure outlined in ASTM-D-2244-02.

2. Color change shall be measured on an exposed painted surface that has been cleaned of surface soils, dirt, chalk, oxidized film, oil, grease or other foreign contaminants. It is understood that fading may not be uniform if the surfaces are not equally exposed to the sun and elements. NBG warrants to PLC that its NBG PVDF Paint system will not crack, check, blister, peel, flake, or chip for a period of thirty (30) years. Cracks or cracking is defined as breaks in the flat coating as opposed to cracking or breaks in the film caused by metal forming which is accepted as standard.

If the PVDF system finishes on any panel fail to meet the above warranty, NBG will:

1. repaint or make available, on site, any such panels showing such failure, or

2. otherwise restore such panels to the satisfaction of the Original Building Owner, and will assume the full cost of materials, EXW Loaded, required for such repainting, replacement, or restoration. In no event shall NBG be liable for any incidental, special, punitive, or consequential damages.

It will be at the discretion of NBG what measures shall be taken (i.e. whether such panels will be repainted, replaced, or otherwise treated) to provide suitable repair or restoration of any failure.

This warranty applies only to panels erected in the Continental United States (including Alaska), and which have been exposed to normal weather and atmospheric conditions, is limited to the aforementioned defects or failures, and does not apply to defects or failures caused by acts of God, falling objects, incorrect erection techniques, external forces, explosions, fire, riots, civil commotions, acts of war, radiation or harmful gases or fumes, excessive salt atmospheres, chemicals and foreign substances (i.e. abnormal quantities of sand or dirt particles) in the air or atmosphere, and regardless of roof or sidewall pitch, installation and storage must provide for proper drainage so as not to hold any water of condensation. Additionally, insulation systems must be as defined in NBG standard documents. Improper use of cutting blades or hot saws that expose the panels to debris shall void the warranty. This warranty does not apply to panels exposed to conditions that may diminish the life of the panels such as water runoff from existing structures, condensation unit runoff, or pipes and the like that introduce irritants to the panels.

NBG MAKES NO GUARANTEE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, WARRANTIES OF FITNESS FOR ANY PURPOSE AND MERCHANTABILITY BEYOND

THIS WARRANTY WITH RESPECT TO ITS PVDF SYSTEM, AND SHALL HAVE NO LIABILITY WITH

RESPECT THERETO EXCEPT TO REPAINT, REPLACE, OR RESTORE PANELS FAILING TO MEET

THE PRIOR MENTIONED GUARANTEE AS HEREINAFTER CONDITIONED AND LIMITED.

In the event of failure of PVDF system finished panels, NBG must be notified in writing concerning the failure within thirty (30) days after the failure is called to the PLC’s attention. NBG shall upon notification, inspect such failure.

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If it is determined that the failure is covered by the warranty, it will be NBG’s responsibility to obtain two or more competitive bids for repainting, replacing, or otherwise restoring the panels showing failure to the satisfaction of the PLC; whichever method is at the discretion of NBG, most appropriate to remedy the failure. Labor for replacement panels shall not be covered by NBG.

Panels repainted, replaced, or otherwise restored hereunder shall be warranted to the same extent, and to the same expiration date, as the original defective material repainted, replaced, or restored hereunder. NBG reserves the right to reject such bids, and may obtain additional bids for remedying the failure, as required herein. In the case of repainting, NBG also reserves the right to reject the repainted materials to be used.

Upon acceptance of any such bid, NBG will authorize the PLC in writing to proceed with the required corrective work, and upon receipt of satisfactory proof of its expenses and a full and complete written release from PLC of any and all further claims against NBG under this warranty arising from such failure, NBG will pay PLC’s authorized costs of materials.

This warranty is the full and complete agreement of the parties and shall not be modified, altered, or extended except in writing signed by a duly authorized representative of NBG. PLC’S EXCLUSIVE REMEDY AGAINST NBG,

AND NBG’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE

LIMITED TO THE CORRECTIVE WORK. IN NO EVENT SHALL NBG HAVE ANY LIABILITY FOR

DAMAGES IN AN AMOUNT EXCEEDING THE SPECIFIC PRICE OF NBG’S PVDF PAINT INCLUDED

AS PART OF THE PRODUCTS IN QUESTION, NOR SHALL NBG HAVE ANY LIABILITY FOR

SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This warranty shall be deemed to have become effective on the shipment date and will apply to PVDF system materials, as defined herein, shipped on or after such date.

NBG shall not have any obligation under any warranty or guarantee until all bills for material, installation and erection of said building and component thereof and labor and other work performed have been paid in full by PLC.

PLC has certified that NBG panels were stored and installed in accordance with NBG instructions. In the event Panels were not stored and installed in accordance with NBG instructions, the PLC and/or those responsible for installation assume any and all liabilities to the customer/owner.

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Nucor Building Group Date Principal Date

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SCHEDULE 4

ONE YEAR BUILDING WARRANTY

Last Revised: March, 2012

CERTIFIED DESIGN

NBG certifies that its buildings are designed under the supervision of registered engineers with the aid of state-of-the-art computer systems and in observance of the design criteria of the Metal Building Manufacturers Association, the American Institute of Steel Construction, and the American Iron and Steel Institute. NBG certifies that its buildings are designed to the loads specified on the Order and mutually agreed to by NBG in general compliance with the specified building codes. Selection of loads is the responsibility of the PLC. The NBG Project Engineer is not the Engineer of Record for any Order and cannot be construed as such. Complete structural calculations are available for any job upon request.

QUALITY CONTROLLED PRODUCTION

NBG certifies each building to be made of prime quality materials under qualified supervision using accepted quality control practices. Welding is done by welders tested for competence using American Welding Society tests. All purchased components must meet general industry standards. These standards and specifications are available upon request.

GUARANTEED DURABILITY

NBG certifies to PLC that all material and/or accessories are warranted for a period of one year after delivery against failures caused by faulty or substandard material or accessories.

THIS WARRANTY DOES NOT COVER

1. Defects in or failure of the foundation; 2. Earthquakes, tornadoes, or other Acts of God; 3. Explosion, fire, riots, or acts of war; 4. Falling objects, scraping, walking, or jumping on roof; 5. Bumping, scraping, ramming, or otherwise abusing walls; 6. Hanging of any weight in excess of designed conditions; 7. Radiation, noxious fumes, or foreign substances in atmosphere or inside the building which may be

harmful to the material; 8. Moving the building from its original location; 9. Any signs, structures, vents, stacks, gutters, flashing, skylights, or machinery installed on the

building by others; 10. Any building damage caused by others, including but not limited to damage to the building by other

crafts, contractors and sub-contractors; 11. Damage caused by improper storage or installation procedures; 12. Loading conditions in excess of those specified in the Order; 13. Water, light, or air infiltration into the building proper due to improper installation; or 14. Defects caused by unauthorized modifications or improper techniques made by any party to any

component within the building. NBG MAKES NO GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED BEYOND THE

FACT HEREOF AND SHALL HAVE NO LIABILITY WITH RESPECT THERETO. NBG SHALL NOT

BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGE TO THE BUILDING, ITS CONTENTS, OR

OTHER MATERIAL. ALL CLAIMS FOR CORRECTIVE FIELD LABOR MUST BE PRE-APPROVED

AND SUBMITTED TO NBG IN WRITING BY PLC PRIOR TO CORRECTIVE WORK, BUT NO LATER

THAN SIX (6) MONTHS AFTER SHIPMENT. ALL OTHER WARRANTIES INCLUDING

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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, EXPRESS, OR IMPLIED, BY

OPERATION OF LAW OR OTHERWISE, ARE EXCLUDED. IN NO EVENT SHALL NBG HAVE ANY

LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE

PRODUCTS IN QUESTION, NOR SHALL NBG HAVE ANY LIABILITY FOR SPECIAL, INCIDENTAL,

INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.

NBG shall not have any obligation under any warranty or guarantee until all bills for material for said building and component thereof have been paid in full by PLC.

PLC has certified or will certify that NBG panels covered by this warranty were or will be stored and installed in accordance with NBG standards. In the event Panels are not stored and installed in accordance with NBG standards, PLC and/or those responsible for installation assume any and all liabilities to the customer/owner.

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Nucor Building Group Date Principal Date