rfp-f-g-2026-03-award.pdf

Qty Unit Price Total Price

4 69,783.25$ 279,133.00$

1 20,563.00$ 20,563.00$

1 5,850.00$ 5,850.00$

April 13, 2026

MODEL AK-18150-HGB6:

18’ Wide x 150' Long Alaska Gable Building with a 9'7" Peak

Height, 6' Eave

Including:

(1) Primer and Powder Coated Steel Framing; Color: Gray

This Quotation was prepared exclusively for Buyer:

Item

State of New Hampshire

11 Hazen Drive

Concord, NH 03301

Attn: Alec Judge

Quotation for Alaska Structures Products

Alaska Structures, a division of AKS Industries, Inc. ("Seller"), is proposing the following described goods (“Goods”) for the prices shown:

Fish and Game Department

(1) 3-Piece Vinyl Cover System

(2) Tensioned End Walls

(2) 36" Personnel Doors

(6) 2.5' Wide x 6' High Side Heavy Duty Double Zipper

Entry

(4) Fabric Window with Screen

(1) Set of Stainless Steel Cables and Hardware

Anchor Package: Concrete

Shall not be used in winds loads exceeding 130 mph gusts

Shall not be used in ground snow loads exceeding 94 psf

FREIGHT TO BERLIN, NH:

STRUCTURAL REPORT, NEW HAMPSHIRE P.E.

STAMP

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PROPRIETARY AND CONFIDENTIAL

This page contains Alaska Structures' Confidential Information. Any use or disclosure of this information is restricted.

SET 143,725.00$ 143,725.00$

449,271.00$

(8) Alaska Installation Technicians

(1) Round Trip Travel and Air Fare

(1) Per Diem Expenses

Buyer is responsible for site preparation

*Seller estimates that it will take the maximum number of days to perform the Services. The actual time to perform the Services may exceed the estimated maximum number of days. Buyer is responsible for actual number of days, including payment of the Daily Rate as defined below.

FREIGHT IS INCLUDED. BUYER IS RESPONSIBLE FOR UNLOADING TRUCK.

INSTALLATION SERVICES ARE INCLUDED FOR THE BUILDING(S) ONLY.

INSTALLATION SERVICES DOES NOT INCLUDE PAD PREPARATION OR INSTALL OF

ANY OTHER ITEM OUTSIDE OF THE BUILDING.

PERMITTING IS NOT INCLUDED.

INSTALLATION SERVICES - MAXIMUM (6) DAYS*:

Including:

(2) Alaska Installation Supervisors

BUILDING FOUNDATION PREPARATION IS NOT INCLUDED.

ANY ITEM NOT LISTED IN THE QUOTATION ABOVE IS NOT INCLUDED.

CONCRETE PAD MUST BE A MINIMUM OF 1 FOOT WIDER AND 1 FOOT LONGER (6”

PER SIDE LARGER) THAN THE FINAL SHELTER BASE LAYOUT OR AS SPECIFIED BY

A CONCRETE SPECIALIST FOR EDGE DISTANCE SO THE ANCHORS DO NOT

DAMAGE THE CONCRETE DURING INSTALLATION AND PROVIDE STRENGTH FOR

BUILDING LOADS.

EXCLUSIONS/ASSUMPTIONS

Total Price FOB Origin, Add Freight:

This Quotation is in effect until April 24, 2026 (“Expiration Date”). After the Expiration Date, this proposed Quotation is no longer valid.

Delivery Date: TBD from Buyer's execution of Seller's Purchase Agreement and Seller’s receipt of downpayment.

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This Quotation is respectfully submitted by:

Terms of Sale of Goods and Warranty: Sale of the Goods shall be subject to the Terms and Conditions negotiated between Buyer and Seller and attached as Schedule 1 hereto, which Terms and Conditions are incorporated in and form a part of this Quotation. As used in the Terms and Conditions, “Purchase

Agreement” means this Quotation. The Goods shall be covered by the Limited Warranty attached as

Schedule 2 hereto, the terms of which are incorporated in and form a part of this Quotation. Any other page-numbered attachments to this Quotation including Schedule 3, are also incorporated in and form a part of this Quotation. This Quotation, the Terms and Conditions, the Limited Warranty, and any other page-numbered attachments to this Quotation are collectively referred to as the “Contract.”

Performance of the Services: The Services are described in Schedule A, which is incorporated herein. If the Services are not completed within (6) days ("Services Period"), then Buyer agrees to pay Seller the additional sum of $15,163.00 per day (the “Daily Rate”) for each day or any part thereof that Services are provided in excess of the number of days in the Services Period.

Services Terms: The Services shall be subject to the Terms and Conditions negotiated between Buyer and Seller and attached as Schedule 3 hereto, which Terms and Conditions are incorporated in and form a part of this Quotation.

Delivery: “Delivery” of the Goods will be FOB place of manufacture and occurs when the Goods are made available to Buyer at place of manufacture or otherwise, regardless of whether Seller is responsible for arranging shipment of the Goods from the place of manufacture to Buyer. If no estimated Delivery time is specified above, then Delivery time shall be subject to availability of the Goods, and at such time as

Seller is able to estimate Delivery time, Seller shall inform Buyer of such estimated Delivery time.

Shipment of the Goods may be arranged by Seller at Buyer’s request.

ANY TERMS PROPOSED IN BUYER'S ACCEPTANCE OF THIS QUOTATION WHICH ADD TO, VARY

FROM, OR CONFLICT WITH THE TERMS HEREOF ARE HEREBY OBJECTED TO AND REJECTED,

SHALL NOT CONSTITUTE ANY PART OF ANY CONTRACT RESULTING FROM THIS QUOTATION,

AND SHALL HAVE NO FORCE OR EFFECT. THE TERMS HEREIN SHALL CONSTITUTE THE

COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS OF ANY CONTRACT

RESULTING FROM THIS QUOTATION AND MAY BE MODIFIED ONLY BY WRITTEN INSTRUMENT

EXECUTED BY THE AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.

Prices and Payment: All prices are net and are quoted FOB place of manufacture, exclusive of any applicable taxes. Prices are in U.S. dollar unless otherwise noted. Buyer is responsible for payment of all taxes. Shipping and handling charges are the responsibility of Buyer, regardless of whether Seller is arranging such shipping and handling. Buyer shall pay the Total Price as follows: A nonrefundable downpayment of 50% of the Total Price is due at the time of execution of an Alaska Structures Purchase

Agreement; The remaining 50% balance due before Delivery as defined below, and in any event before delivery of the Goods to a carrier for shipment. Prior quotations for these Goods are void.

Chris Figueroa

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Commercial Programs

Alaska Structures, a division of AKS Industries, Inc.

6991 East Camelback Road, Suite D-216

Scottsdale, AZ 85251

Office: +1-425-889-1205

Cell: +1-907-350-3731 cfigueroa@aks.com

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A.1

A.1.1

A.1.2

A.1.3

A.1.4

A.2

A.2.1

A.2.2

A.2.3

A.2.4

A.2.5

A.2.6

Buyer shall be solely responsible, at its expense, for anchoring the structure to meet engineered design, regardless of whether Seller is arranging such installation as a part of the Services.

Buyer shall provide, at its sole expense, all tools and equipment, including fuel, required to perform the

Services. The Buyer is responsible, at its sole expense, for all maintenance of equipment and replacement of any non-working equipment. Seller shall provide Buyer with a list of the required tools and equipment.

Buyer shall be solely responsible, at its expense, for all plumbing by a qualified and certified professional.

Buyer shall be solely responsible, at its expense, for connecting the electrical power to the Structure by a qualified and certified professional.

Services to be Rendered.

Seller agrees to provide the following services (“Services”):

1) Installation of Seller's Goods.

The Services shall include setup and assembly of the structures at Berlin, NH (the “Site”). The Services will be performed by (2) Supervisor and (8) Technicians (collectively, “Seller Personnel”). Seller estimates that it will take the Services Period to perform the Services. The actual time to perform the

Services may exceed the estimated Services Period. The actual start date (“Start Date”) of the Services is to be determined and will be agreed upon in writing by both Seller and the Buyer. The Start Date is subject to the delivery schedule for the Goods and is contingent upon the Buyer obtaining all required

Permissions.

Once the Services Period commences, the Services must be performed on consecutive days, including weekends and holidays, without any days or partial days off. If Buyer requires one or more full or partial days without work after the Start Date, or if the Services are otherwise not completed within the Services

Period, Buyer agrees to pay Seller the Daily Rate for each day or any part thereof that Services are provided in excess of the number of days in the Services Period.

The Services Period does not include any Seller Personnel time required by the Buyer for orientation, certification classes, safety training, and other training of any kind (such time being hereinafter collectively referred to as “Training”). In addition to the Price, Buyer agrees to pay Seller the Daily Rate for each day or any part thereof during which Seller Personnel attends Training. Any and all costs and fees for Training shall be the responsibility of the Buyer.

The Services shall not include any work of any kind not expressly provided for herein. Without limiting the preceding sentence, the Services shall not include any site preparation activities; installation of any heating, lighting or electrical systems or components; any carpentry, sheet rocking, taping, texturing, painting, cement work, excavation, backfill, or compaction, any work on the building foundation, or any furniture assembly.

Responsibilities of the Buyer. The Buyer agrees as follows:

Buyer is responsible, at its sole expense, for all site preparation work that is required or appropriate in order to provide an acceptable surface on which to perform the Services at the Site. All such site preparation work must be completed by Buyer before the Start Date.

Buyer shall obtain for Seller all such passes, clearances, permits, or other permissions as are necessary for the Seller Personnel and Seller’s subcontractors to access the Site and to perform the Services under this

Agreement (such passes, clearances, permits and other permissions being hereinafter collectively referred to as “Permissions”). Permitting is not included.

SERVICES

SCHEDULE A

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A.2.7

A.2.8

A.3 Warranty.

Seller warrants that the Services will be performed in a professional manner and in accordance with industry standards. No other warranty, express or implied, is made in connection with the Services. Any warranty claim for Services must be raised prior to Seller Personnel leaving the Site at the conclusion of the Services. It is Buyer’s responsibility to be present at the conclusion of the Services to raise any alleged defects or claims relating to the Services. If Buyer or Buyer’s representative is not present at the conclusion of the Services, the Services are deemed to be complete without defect and any warranty claim relating to the Services is waived.

Buyer shall be solely responsible, at its expense, for connecting the fuel source to the Structure by a qualified and certified professional.

Buyer shall be solely responsible, at its expense, for all removal and disposal of trash and debris.

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Schedule 1

TERMS AND CONDITIONS

These Terms and Conditions form a part of the Purchase Agreement. Read them carefully.

1. Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings set forth in the Purchase

Agreement.

2. Offer and Acceptance; Title and Risk of Loss; Cancellation; Price and Payment.

a) Seller offers to sell the Goods to Buyer on the terms and conditions set forth herein. Seller shall be under no obligation to perform until Buyer accepts Seller’s offer. Buyer shall be deemed to have accepted Seller’s offer when Buyer does any of the following: (i) signs the Contract; (ii) pays any part of the purchase price; or (iii) accepts Delivery of any of the Goods. Title to and risk of loss for the Goods passes to Buyer upon Delivery, regardless of whether Seller is supplying erection or installation services or any other services.

b) Buyer may cancel this Contract only by giving Seller a written notice less than ten (10) days after the Contract’s effective date and including a payment to Seller of a cancellation fee in the amount of 50% of the Contract price. Buyer shall also reimburse Seller for all expenses, including without limitation reasonable overhead, Seller incurs in connection with its performance of the Contract through the date of Seller’s receipt of Buyer’s notice of cancellation and the cancellation fee. Such expense reimbursement is in addition to the cancellation fee and shall be paid within ten (10) days from the date on which Seller requests such reimbursement.

c) Buyer shall pay the entire purchase price on or before Delivery. Buyer shall pay for the Goods without deduction, setoff or counterclaim of any kind. In addition to any other remedies available to Seller by reason of Buyer’s default, Seller may charge interest on any amounts owed by Buyer and not paid when due at the lesser of 1.5% per month or the highest rate that may be legally agreed to by Seller and Buyer. Seller may charge a $25 fee if Buyer’s check is returned for any reason. Seller’s Delivery of the Goods without first receiving payment when due under this Contract shall not be a waiver of Buyer’s default in payment, nor shall it be a waiver of any of Seller’s rights and remedies on account of such default or otherwise.

3. Seller’s Limited Warranty; Buyer’s Exclusive Remedies.

a) The Goods are sold subject to Seller’s Limited Warranty, attached as Schedule 2 to the Purchase Agreement.

b) Any claim by Buyer arising out of or relating to this Contract, the Goods, or Seller’s performance, regardless of the theory under which such claim is brought, except for claims under Seller’s Limited Warranty, is waived unless Buyer gives notice of such claim to Seller within ten (10) days after Delivery. In the case of a claim for default, the claim shall be deemed to have arisen on the first day of such default. Buyer must bring suit on any such claim within six months from the date on which notice of the claim was given, or it is barred.

c) Buyer’s exclusive remedy in the event of any such claim shall be, at Seller’s option, (i) replacement or other cure of any defective Goods or performance, or (ii) return of so much of the purchase price as has actually been paid by Buyer. Buyer must return the Goods, or defective portion of the Goods, to Seller at the place of Delivery. Without limiting the foregoing, Seller’s maximum liability for all such claims shall not exceed in the aggregate the amount actually received by Seller from Buyer as payment under this Contract.

4. No Liability for Injury to Persons or Property. Without limiting paragraph 3(c), SELLER SHALL NOT BE LIABLE FOR, AND BUYER PROSPECTIVELY WAIVES AND RELEASES SELLER FROM, ANY CLAIM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, NEGLIGENCE, OTHER TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY

PERSONAL INJURY OR ILLNESS OR DEATH OR DAMAGE TO OR LOSS OF ANY REAL OR PERSONAL PROPERTY

(collectively and severally, “Personal Injury Claim”) THAT ARISES OUT OF OR RELATES TO THE GOODS OR BUYER’S

USE OF THE GOODS. If, notwithstanding the foregoing, Seller is held liable to Buyer by a court of competent jurisdiction on account of any Personal Injury Claim, Buyer’s damages for all such Personal Injury Claims shall be limited to Buyer’s actual, compensatory damages and shall not exceed in the aggregate the amounts actually paid by Buyer to Seller under this Contract.

5. No Punitive or Consequential Damages. Without limiting paragraphs 3 or 4, in no event shall Seller be liable for any punitive damages or for any indirect, incidental, special or consequential damages, including without limitation lost earnings or profits or loss of income earning capacity, in any claim arising out of or relating to this Contract, the Goods, or Seller’s performance, or in any Personal Injury Action, even if Seller has been advised of the possibility of such damages.

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6. Indemnity. Buyer shall defend, indemnify and hold harmless Seller and its shareholders, officers, parent and subsidiary and related corporations, directors, employees, agents, subcontractors, insurers, successors and assigns from and against each and every demand, claim, cause of action, liability, damage, loss, cost and expense (including, but not limited to, reasonable attorney’s fees and expenses) arising from or relating to (a) any breach of Buyer’s obligations, representations, or warranties under the Contract; and (b) any act or omission of Buyer, its officers, contractors, subcontractors, licensees, agents, servants, employees, invitees or visitors in connection with the Contract; PROVIDED, however, that Buyer shall not be under any obligation to defend, indemnify or save Seller harmless against claims arising solely out of Seller’s negligence. All of Buyer’s obligations and liabilities under this paragraph shall survive completion or termination of the Contract and shall be separately enforceable by Seller.

7. Security Interest. Buyer hereby grants Seller a security interest in all of the Goods and in any products or proceeds thereof, wherever located and however commingled, to secure payment of any and all amounts due or to become due under the Contract.

Buyer irrevocably authorizes Seller to file financing statements and amendments to perfect the security interest granted to Seller.

8. Default; Remedies Upon Default. Buyer shall be in default of the Contract if Buyer fails to pay any amount owed to Seller under this Contract, as and when such payment is due or if Buyer fails to perform, keep, or observe any other term, provision, condition or covenant contained in this Contract that is required to be performed, kept or observed by Buyer. In the event of

Buyer’s default, all sums owing under this Contract shall become immediately due and payable, Seller shall have all remedies available under the Contract, at law or in equity, and:

a) Seller shall be entitled to recover from Buyer the entire purchase price and all other damages incurred by Seller by reason of

Buyer’s default, together with all of Seller’s actual attorney’s fees, whether or not suit is filed, and all other costs of collection.

b) Seller shall be entitled to a prejudgment writ for delivery of the Goods in which Seller has a security interest and a prejudgment writ of attachment of additional property belonging to Buyer insofar as the value of the Goods in which Seller has a security interest is insufficient to pay the amounts owed to Seller. Buyer expressly waives (i) any and all rights to a hearing in any prejudgment claim and delivery or attachment proceeding; (ii) any requirements for the posting of any bond in any prejudgment claim and delivery or attachment proceedings; and (iii) any claims that could or might arise in favor of Buyer from any prejudgment seizure or attachment.

The remedies provided for in this paragraph 8 are cumulative and may be exercised concurrently or separately.

9. Force Majeure and Commercial Impracticability. No delay, failure or omission by Seller to carry out or to observe any of the terms, provisions or conditions of the Contract shall be deemed a breach if such delay, failure or omission is caused by or arises out of any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, fire, and any other cause not within the reasonable control of Seller. In such case, the period for Seller's performance shall be automatically extended for the same time that Seller was delayed. In addition, if any part of Seller’s performance shall become commercially impracticable, Seller shall be excused from further performance of the Contract or, at Seller’s option, so much of it as is affected by such commercial impracticability. For purposes of the Contract, Seller’s performance is commercially impracticable if it would require Seller to incur excessive or unreasonable expenses, whether or not such expenses are a result of a force majeure condition, and whether or not such expenses result from the occurrence or nonoccurrence of events or circumstances that could or should have been foreseen by Seller.

10. No Waiver. No waiver by Seller of any breach of any of the covenants or conditions herein contained to be performed by

Buyer shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition. Any waiver by

Seller of strict performance by Buyer of any of term of the Contract must be in writing and executed by Seller to be effective.

Such waiver shall extend only to the particular performance or breach so waived and shall not limit Seller’s rights with respect to any future performance or breach.

11. Taxes. All sales taxes and other taxes required to be collected by Seller from Buyer in connection with the sale of the

Goods shall be paid by Buyer along with the purchase price at or before Delivery. All other taxes now or hereafter imposed by federal, state, local or foreign governments in respect to or measured by the Goods or the manufacture, storage, sale, delivery, receipt, exchange or inspection thereof shall be Buyer’s sole responsibility. Buyer shall reimburse Seller upon receipt of invoice for any taxes or fees legally required to be paid and paid by Seller in respect to the Goods delivered by it.

12. Assignment. Buyer may not assign the Contract in whole or in part, and the Contract may not be assigned by operation of law. Any attempted assignment shall be void ab initio.

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13. Governing Law; Venue; Waiver of Jury Trial and Statute of Limitations. The Contract shall be construed and governed under the laws of the State of Alaska without regard to conflict of law principles. In the event of a dispute under or as to the terms of the Contract, the parties agree that jurisdiction and venue shall lie exclusively in the courts at Anchorage, Alaska, except that Seller may simultaneously bring an action in another jurisdiction or venue for the purpose of seeking a prejudgment delivery or attachment of, or to foreclose a security interest in, property in such other jurisdiction. Buyer irrevocably waives (i) any applicable statute of limitations and (ii) all rights to a trial by jury in any action, proceeding, or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Contract, any transactions contemplated in this Contract, or any action of any party in the negotiation, administration, performance or enforcement thereof.

14. Entire Agreement; Modification; Severability. The Contract and any attachments hereto or referred to herein constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes any prior oral or written representations or agreements concerning the same. Buyer warrants that it is not relying on any representations other than those contained in the Contract. No modification of the Contract shall be binding unless such modification is in writing and executed by both parties subsequent to the date hereof. If any provision of the Contract is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions of the Contract will remain in full force and effect.

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Schedule 2

LIMITED WARRANTY

Except as otherwise provided below, Alaska Structures, a division of AKS Industries, Inc. (“Seller”), warrants to the original buyer (“Buyer”) that all Goods manufactured by Seller shall be free from defects in material and workmanship under normal use and service for the following time period after delivery: (a) Fabric Buildings (frame and fabric) and tactical Environmental

Control Units are covered for 5 years; (b) non-tactical Environmental Control Units manufactured by Seller are covered for 1 year; and (c) all other items manufactured by Seller are covered for 1 year. Items manufactured by a third party are covered only by the third party's OEM warranty, if any, and are not covered by this Limited Warranty.

SELLER’S SOLE OBLIGATION, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, UNDER THIS WARRANTY

SHALL BE THE REPAIR OR REPLACEMENT, AT SELLER’S OPTION, F.O.B. ORIGIN AND SUBJECT TO THE

TERMS AND CONDITIONS OF THIS WARRANTY, OF ANY PART OR PARTS WHICH ARE DETERMINED BY

SELLER TO BE DEFECTIVE.

This warranty does not cover failures caused by improper installation, abuse, misuse, misapplication, improper or lack of maintenance, negligence, accident, normal deterioration including normal wear and tear, use of improper parts or improper repair. This warranty does not cover any Goods or part thereof that is worn out or altered, used for a purpose other than that which it was intended, or used in a manner inconsistent with any instructions regarding its use. This warranty does not cover any

Goods or part thereof which has been repaired, modified or altered in such a way as to, in the Seller’s sole judgment, have affected its usefulness or viability. This warranty does not include costs for removal, transportation, or re-installation of the

Goods. This warranty does not cover damage caused by any acts of nature such as hail, fire, earthquakes, floods, ultraviolet light degradation, corrosion caused by extreme high humidity environments, or other factors over which Seller has no control.

No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the Goods except as stated in this warranty.

Seller’s obligation under this warranty is limited to repairing or replacing at the place of origin any part or parts which shall within the warranty period be returned to the Seller, with transportation charges prepaid and which the Seller’s examination shall disclose to its sole satisfaction to have been defective. Anything in Buyer’s purchase order or confirmation to the contrary notwithstanding, SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR

CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, FOR ANY BREACH OF

WARRANTY, AND THE BUYER ASSUMES ALL RISK AND LIABILITY WHATSOEVER RESULTING FROM THE

USE OF THE GOODS, WHETHER USED SINGULARLY OR IN COMBINATION WITH OTHER EQUIPMENT. Seller neither assumes, nor authorized nor authorizes any person to assume for it, any other liability in connection with the sale or use of the Goods, and there are no oral agreements or warranties collateral or pertaining to the Goods.

EXCEPT AS HEREIN ABOVE SET FORTH, SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, WITH RESPECT TO THE GOODS, AND THE WARRANTY HEREIN ABOVE SET FORTH IS EXPRESSLY

IN LIEU OF ANY WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND ALL OTHER

OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER. WITHOUT LIMITING THE FOREGOING, SELLER

DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

Any claim under the above specified warranty shall be forwarded to the Seller in writing, specifying the defect claimed, the length of service of the Goods involved, and, if known, the purchase order or contract number under which the Goods was procured. The Buyer agrees to permit the Seller to conduct an investigation of the claimed defect at the Buyer’s facility if considered necessary by Seller. NO GOODS MAY BE RETURNED WITHOUT SELLER’S PRIOR WRITTEN

PERMISSION.

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Except as otherwise provided below, Alaska Structures, a division of AKS Industries, Inc. (“Seller”), warrants to the original buyer (“Buyer”) that all Goods manufactured by Seller shall be free from defects in material and workmanship under normal use and service for the following time period after delivery: (a) Fabric Buildings (frame and fabric) and tactical Environmental

Control Units are covered for 5 years; (b) non-tactical Environmental Control Units manufactured by Seller are covered for 1 year; and (c) all other items manufactured by Seller are covered for 1 year. Items manufactured by a third party are covered only by the third party's OEM warranty, if any, and are not covered by this Limited Warranty.

SELLER’S SOLE OBLIGATION, AND BUYER’S SOLE AND EXCLUSIVE REMEDY, UNDER THIS WARRANTY

SHALL BE THE REPAIR OR REPLACEMENT, AT SELLER’S OPTION, F.O.B. ORIGIN AND SUBJECT TO THE

TERMS AND CONDITIONS OF THIS WARRANTY, OF ANY PART OR PARTS WHICH ARE DETERMINED BY

SELLER TO BE DEFECTIVE.

This warranty does not cover failures caused by improper installation, abuse, misuse, misapplication, improper or lack of maintenance, negligence, accident, normal deterioration including normal wear and tear, use of improper parts or improper repair. This warranty does not cover any Goods or part thereof that is worn out or altered, used for a purpose other than that which it was intended, or used in a manner inconsistent with any instructions regarding its use. This warranty does not cover any

Goods or part thereof which has been repaired, modified or altered in such a way as to, in the Seller’s sole judgment, have affected its usefulness or viability. This warranty does not include costs for removal, transportation, or re-installation of the

Goods. This warranty does not cover damage caused by any acts of nature such as hail, fire, earthquakes, floods, ultraviolet light degradation, corrosion caused by extreme high humidity environments, or other factors over which Seller has no control.

No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the Goods except as stated in this warranty.

Seller’s obligation under this warranty is limited to repairing or replacing at the place of origin any part or parts which shall within the warranty period be returned to the Seller, with transportation charges prepaid and which the Seller’s examination shall disclose to its sole satisfaction to have been defective. Anything in Buyer’s purchase order or confirmation to the contrary notwithstanding, SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR

CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, FOR ANY BREACH OF

WARRANTY, AND THE BUYER ASSUMES ALL RISK AND LIABILITY WHATSOEVER RESULTING FROM THE

USE OF THE GOODS, WHETHER USED SINGULARLY OR IN COMBINATION WITH OTHER EQUIPMENT. Seller neither assumes, nor authorized nor authorizes any person to assume for it, any other liability in connection with the sale or use of the Goods, and there are no oral agreements or warranties collateral or pertaining to the Goods.

EXCEPT AS HEREIN ABOVE SET FORTH, SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, WITH RESPECT TO THE GOODS, AND THE WARRANTY HEREIN ABOVE SET FORTH IS EXPRESSLY

IN LIEU OF ANY WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND ALL OTHER

OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER. WITHOUT LIMITING THE FOREGOING, SELLER

DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

Any claim under the above specified warranty shall be forwarded to the Seller in writing, specifying the defect claimed, the length of service of the Goods involved, and, if known, the purchase order or contract number under which the Goods was procured. The Buyer agrees to permit the Seller to conduct an investigation of the claimed defect at the Buyer’s facility if considered necessary by Seller. NO GOODS MAY BE RETURNED WITHOUT SELLER’S PRIOR WRITTEN

PERMISSION.

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Schedule 3

SERVICES TERMS AND CONDITIONS

These Services Terms and Conditions form a part of the Purchase Agreement. Read them carefully.

1. Definitions. Unless otherwise indicated, capitalized terms used in these Terms and Conditions shall have the meanings set forth in the Purchase Agreement.

2. Offer and Acceptance; Cancellation; Price and Payment.

a) Seller offers to perform the Services on the terms and conditions set forth herein. Seller shall be under no obligation to perform until Buyer accepts Seller’s offer. Buyer shall be deemed to have accepted Seller’s offer when Buyer does any of the following: (i) signs the Contract; (ii) pays any part of the purchase price; or (iii) accepts performance of any of the Services.

b) Buyer may cancel this Contract only by giving Seller a written notice less than ten (10) days after the Contract’s effective date and including a payment to Seller of a cancellation fee in the amount of 50% of the Contract price. Buyer shall also reimburse Seller for all expenses, including without limitation reasonable overhead, Seller incurs in connection with its performance of the Contract through the date of Seller’s receipt of Buyer’s notice of cancellation and the cancellation fee. Such expense reimbursement is in addition to the cancellation fee and shall be paid within ten (10) days from the date on which Seller requests such reimbursement.

c) Buyer shall pay for the Services without deduction, setoff or counterclaim of any kind. In addition to any other remedies available to Seller by reason of Buyer’s default, Seller may charge interest on any amounts owed by Buyer and not paid when due at the lesser of 1.5% per month or the highest rate that may be legally agreed to by Seller and Buyer. Seller may charge a

$25 fee if Buyer’s check is returned for any reason, and Seller may place a lien for unpaid Services. Seller’s Delivery of the

Goods without first receiving payment when due under this Contract shall not be a waiver of Buyer’s default in payment, nor shall it be a waiver of any of Seller’s rights and remedies on account of such default or otherwise.

3. Seller’s Limited Warranty; Buyer’s Exclusive Remedies.

a) The Services are sold subject to Seller’s Limited Warranty set forth in the Purchase Agreement.

b) Any claim by Buyer arising out of or relating to this Contract, the Goods, or Seller’s performance, regardless of the theory under which such claim is brought, is waived unless Buyer gives notice of such claim to Seller not more than ten (10) days after the earlier of the date on which Delivery occurred or is supposed to have occurred under the Contract. Buyer must bring suit on any such claim within six months from the date on which notice of the claim was given, or it is barred.

c) Buyer’s exclusive remedy in the event of any such claim shall be, at Seller’s option, (i) cure of any defective Services or performance, or (ii) return of so much of the purchase price as has actually been paid by Buyer. Without limiting the foregoing, Seller’s maximum liability for any such Claim shall not exceed the amount actually received by Seller from Buyer as payment under this Contract.

4. No Liability for Injury to Persons or Property. Without limiting paragraph 3(c), SELLER SHALL NOT BE LIABLE FOR, AND BUYER PROSPECTIVELY WAIVES AND RELEASES SELLER FROM, ANY CLAIM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, NEGLIGENCE, OTHER TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY

PERSONAL INJURY OR ILLNESS OR DEATH OR DAMAGE TO OR LOSS OF ANY REAL OR PERSONAL PROPERTY

(collectively and severally, “Personal Injury Claim”) THAT ARISES OUT OF OR RELATES TO THE SERVICES OR

SELLER'S PERFORMANCE OF THE SERVICES. If, notwithstanding the foregoing, Seller is held liable to Buyer by a court of competent jurisdiction on account of any Personal Injury Claim, Buyer’s damages for all such Personal Injury Claims shall be limited to Buyer’s actual damages and shall not exceed in the aggregate the amounts actually paid by Buyer to Seller under this

Contract.

5. No Punitive or Consequential Damages. Without limiting paragraphs 3 or 4, in no event shall Seller be liable for any punitive damages or for any indirect, incidental, special or consequential damages, including without limitation lost earnings or profits or loss of income earning capacity, in any claim arising out of or relating to this Contract, the Services or Seller’s performance, or in any Personal Injury Action, even if Seller has been advised of the possibility of such damages.

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6. Indemnity. Buyer shall defend, indemnify and hold harmless Seller and its shareholders, officers, parent and subsidiary and related corporations, directors, employees, agents, subcontractors, insurers, successors and assigns from and against each and every demand, claim, cause of action, liability, damage, loss, cost and expense (including, but not limited to, reasonable attorney’s fees and expenses) arising from or relating to (a) any breach of Buyer’s obligations, representations, or warranties under the Contract; and (b) any act or omission of Buyer, its officers, contractors, subcontractors, licensees, agents, servants, employees, invitees or visitors in connection with the Contract; PROVIDED, however, that Buyer shall not be under any obligation to defend, indemnify or save Seller harmless against claims arising solely out of Seller’s negligence. All of Buyer’s obligations and liabilities under this paragraph shall survive completion or termination of the Contract and shall be separately enforceable by Seller.

7. Security Interest. Buyer hereby grants Seller a security interest in any products or proceeds resulting or constructed in connection with the Services, wherever located and however commingled, to secure payment of any and all amounts due or to become due under the Contract. Buyer irrevocably authorizes Seller to file financing statements and amendments to perfect the security interest granted to Seller.

8. Default; Remedies Upon Default. Buyer shall be in default of the Contract if Buyer fails to pay any amount owed to Seller under this Contract, as and when such payment is due or if Buyer fails to perform, keep, or observe any other term, provision, condition or covenant contained in this Contract that is required to be performed, kept or observed by Buyer. In the event of

Buyer’s default, all sums owing under this Contract shall become immediately due and payable, Seller shall have all remedies available under the Contract, at law or in equity, and:

a) Seller shall be entitled to recover from Buyer the entire purchase price and all other damages incurred by Seller by reason of

Buyer’s default, together with all of Seller’s actual attorney’s fees, whether or not suit is filed, and all other costs of collection.

b) Seller shall be entitled to a prejudgment writ for delivery of any property in which Seller has a security interest and a prejudgment writ of attachment of additional property belonging to Buyer insofar as the value of the property in which Seller has a security interest is insufficient to pay the amounts owed to Seller. Buyer expressly waives (i) any and all rights to a hearing in any prejudgment claim and delivery or attachment proceeding; (ii) any requirements for the posting of any bond in any prejudgment claim and delivery or attachment proceedings; and (iii) any claims that could or might arise in favor of Buyer from any prejudgment seizure or attachment.

The remedies provided for in this paragraph 8 are cumulative and may be exercised concurrently or separately.

9. Force Majeure and Commercial Impracticability. No delay, failure or omission by Seller to carry out or to observe any of the terms, provisions or conditions of the Contract shall be deemed a breach if such delay, failure or omission is caused by or arises out of any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, fire, and any other cause not within the reasonable control of Seller. In such case, the period for Seller's performance shall be automatically extended for the same time that Seller was delayed. In addition, if any part of Seller’s performance shall become commercially impracticable, Seller shall be excused from further performance of the Contract or, at Seller’s option, so much of it as is affected by such commercial impracticability. For purposes of the Contract, Seller’s performance is commercially impracticable if it would require Seller to incur excessive or unreasonable expenses, whether or not such expenses are a result of a force majeure condition, and whether or not such expenses result from the occurrence or nonoccurrence of events or circumstances that could or should have been foreseen by Seller.

10. No Waiver. No waiver by Seller of any breach of any of the covenants or conditions herein contained to be performed by

Buyer shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition. Any waiver by

Seller of strict performance by Buyer of any of term of the Contract must be in writing and executed by Seller to be effective.

Such waiver shall extend only to the particular performance or breach so waived and shall not limit Seller’s rights with respect to any future performance or breach.

11. Taxes. All sales taxes and other taxes required to be collected by Seller from Buyer in connection with the sale or performance of the Services shall be paid by Buyer along with the purchase price at or before Performance. All other taxes now or hereafter imposed by federal, state, local or foreign governments in respect to or measured by the Services performed hereunder or the manufacture, storage, sale, delivery, receipt, exchange or inspection thereof shall be the responsibility of the

Buyer, who shall reimburse Seller upon receipt of invoice for any such taxes or fees legally required to be paid and paid by

Seller in respect to the Services performed by it.

12. Assignment. Buyer may not assign the Contract in whole or in part, and the Contract may not be assigned by operation of law. Any attempted assignment shall be void ab initio.

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6. Indemnity. Buyer shall defend, indemnify and hold harmless Seller and its shareholders, officers, parent and subsidiary and related corporations, directors, employees, agents, subcontractors, insurers, successors and assigns from and against each and every demand, claim, cause of action, liability, damage, loss, cost and expense (including, but not limited to, reasonable attorney’s fees and expenses) arising from or relating to (a) any breach of Buyer’s obligations, representations, or warranties under the Contract; and (b) any act or omission of Buyer, its officers, contractors, subcontractors, licensees, agents, servants, employees, invitees or visitors in connection with the Contract; PROVIDED, however, that Buyer shall not be under any obligation to defend, indemnify or save Seller harmless against claims arising solely out of Seller’s negligence. All of Buyer’s obligations and liabilities under this paragraph shall survive completion or termination of the Contract and shall be separately enforceable by Seller.

7. Security Interest. Buyer hereby grants Seller a security interest in any products or proceeds resulting or constructed in connection with the Services, wherever located and however commingled, to secure payment of any and all amounts due or to become due under the Contract. Buyer irrevocably authorizes Seller to file financing statements and amendments to perfect the security interest granted to Seller.

8. Default; Remedies Upon Default. Buyer shall be in default of the Contract if Buyer fails to pay any amount owed to Seller under this Contract, as and when such payment is due or if Buyer fails to perform, keep, or observe any other term, provision, condition or covenant contained in this Contract that is required to be performed, kept or observed by Buyer. In the event of

Buyer’s default, all sums owing under this Contract shall become immediately due and payable, Seller shall have all remedies available under the Contract, at law or in equity, and:

a) Seller shall be entitled to recover from Buyer the entire purchase price and all other damages incurred by Seller by reason of

Buyer’s default, together with all of Seller’s actual attorney’s fees, whether or not suit is filed, and all other costs of collection.

b) Seller shall be entitled to a prejudgment writ for delivery of any property in which Seller has a security interest and a prejudgment writ of attachment of additional property belonging to Buyer insofar as the value of the property in which Seller has a security interest is insufficient to pay the amounts owed to Seller. Buyer expressly waives (i) any and all rights to a hearing in any prejudgment claim and delivery or attachment proceeding; (ii) any requirements for the posting of any bond in any prejudgment claim and delivery or attachment proceedings; and (iii) any claims that could or might arise in favor of Buyer from any prejudgment seizure or attachment.

The remedies provided for in this paragraph 8 are cumulative and may be exercised concurrently or separately.

9. Force Majeure and Commercial Impracticability. No delay, failure or omission by Seller to carry out or to observe any of the terms, provisions or conditions of the Contract shall be deemed a breach if such delay, failure or omission is caused by or arises out of any act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, fire, and any other cause not within the reasonable control of Seller. In such case, the period for Seller's performance shall be automatically extended for the same time that Seller was delayed. In addition, if any part of Seller’s performance shall become commercially impracticable, Seller shall be excused from further performance of the Contract or, at Seller’s option, so much of it as is affected by such commercial impracticability. For purposes of the Contract, Seller’s performance is commercially impracticable if it would require Seller to incur excessive or unreasonable expenses, whether or not such expenses are a result of a force majeure condition, and whether or not such expenses result from the occurrence or nonoccurrence of events or circumstances that could or should have been foreseen by Seller.

10. No Waiver. No waiver by Seller of any breach of any of the covenants or conditions herein contained to be performed by

Buyer shall be construed as a waiver of any succeeding breach of the same or any other covenant or condition. Any waiver by

Seller of strict performance by Buyer of any of term of the Contract must be in writing and executed by Seller to be effective.

Such waiver shall extend only to the particular performance or breach so waived and shall not limit Seller’s rights with respect to any future performance or breach.

11. Taxes. All sales taxes and other taxes required to be collected by Seller from Buyer in connection with the sale or performance of the Services shall be paid by Buyer along with the purchase price at or before Performance. All other taxes now or hereafter imposed by federal, state, local or foreign governments in respect to or measured by the Services performed hereunder or the manufacture, storage, sale, delivery, receipt, exchange or inspection thereof shall be the responsibility of the

Buyer, who shall reimburse Seller upon receipt of invoice for any such taxes or fees legally required to be paid and paid by

Seller in respect to the Services performed by it.

12. Assignment. Buyer may not assign the Contract in whole or in part, and the Contract may not be assigned by operation of law. Any attempted assignment shall be void ab initio.

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13. Governing Law; Venue; Waiver of Jury Trial and Statute of Limitations. The Contract shall be construed and governed under the laws of the State of Alaska without regard to conflict of law principles. In the event of a dispute under or as to the terms of the Contract, the parties agree that jurisdiction and venue shall lie exclusively in the courts at Anchorage, Alaska, except that Seller may simultaneously bring an action in another jurisdiction or venue for the purpose of seeking a prejudgment delivery or attachment of, or to foreclose a security interest in, property in such other jurisdiction. Buyer irrevocably waives (i) any applicable statute of limitations and (ii) all rights to a trial by jury in any action, proceeding, or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Contract, any transactions contemplated in this Contract, or any action of any party in the negotiation, administration, performance or enforcement thereof.

14. Entire Agreement; Modification.