The Lessee in consideration thereof, acknowledges and agrees as follows:
1. Use. Lessee will have use of the Equipment during the initial term and all renewals terms. Lessee must
use the equipment in a careful and proper manner and shall comply with all laws, ordinances, and regulations
relating to the possession, use, or maintenance of the Equipment. Lessee shall be responsible to pay for any tolls, fees or tickets incurred.
2. Condition / Maintenance. Lessee acknowledges the equipment is suitable for his needs and in good
condition. Lessee shall return the equipment in substantially the same for as on the date of the start of the initial
term. Lessee is responsible for all maintenance and inspections of the Equipment during the initial term and any
renewal terms. Lessee shall be responsible for all expenses related to the maintenance or repair of the equipment
during the term.
3. Operational Use and Responsibilities. Lessee shall be responsible to provide a qualified operator for
the equipment, and shall immediately notify Lessor of any equipment failure or malfunction. Lessee shall be
responsible for the loading and unloading of all leased equipment. Lessee agrees to make the equipment
available for inspection by Lessor throughout the entirety of the term, and at times and dates selected by Lessor.
4. Liability; Risk of Loss. Lessee assumes and shall bear the risk of all liability from any source arising
out of Lessee’s use of the Equipment. Lessee assumes and shall bear the entire risk of loss and damage to the
Equipment from any and every cause. No loss or damage to the Equipment or any part thereof will impair any
obligation of Lessee under this Lease, which shall continue in full force and effect. In the event of loss or
damage of any kind to the Equipment, Lessee, at the option of Lessor, shall: (i) Place the same in good repair,
condition, and working order; or (ii) Replace the same with like equipment in good repair, condition and
working order. If the Equipment is determined by Lessor to be lost, stolen, destroyed, or damaged beyond
repair, Lessee shall pay Lessor for the actual fair market value of such Equipment. On such payment, this Lease
shall terminate.
5. Warranties. There are no warranties of merchantability or fitness, either express or implied. There is no
warranty that the equipment is suited for the Lessee's intended use, or that it is free from defects.
6. Disclaimer of Manufacture. The Lessee agrees that the Lessor is neither the manufacturer of the
equipment nor the agent of the manufacturer.
7. Insurance. Lessee shall maintain a general liability insurance policy and coverage for all rented
equipment of no less than $1,000,000. Lessee agrees that the policy will include Lessor as a "named insured"
and shall not be cancelled until the Equipment is returned to Lessor.
8. Surrender. On the expiration or earlier termination of this Lease, Lessee shall return the same to
Lessor in good repair, condition, and working order (ordinary wear and tear resulting from proper use thereof
alone accepted).
9. Overdue Accounts. Accounts are due and payable at the termination of the rental period. A service
charge may be assessed on all overdue accounts. A cancellation fee may apply to cover prep time, delivery, etc.
10. Collection Costs. Lessee agrees to pay all reasonable collection, attorneys and court fees and other
expenses involved in the collection of the charges or enforcement of the Lessor's rights under this contract.
11. Repossession. Upon a failure to pay rent or other breach of this contract the Lessor may terminate this
contract for breach, the Lessor may terminate this contract and take possession of and remove equipment from
whenever it is, and the Lessor and his agents shall not be liable for any claims for damage on trespass arising
out of the removal of the equipment.
12. Assignment / Sublease. This Lease may not be assigned without prior written consent of the Lessor.
13. Acceptance of Risk / Indemnification. Lessee acknowledges that he has reviewed and understands
all safety and/or operational manuals for the leased equipment. Lessee shall indemnify Lessor against, and
shall hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and
liability, including attorney’s fees, arising out of, connected with, or resulting from the Equipment, including,
without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.