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249414 09/09/15 1°�"C�Nb CITY OF CARMEL, INDIANA VENDOR: 354867 ... i ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $ . "599.78* ,? CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK NUMBER: 249414 '.y�i_UN�o, CARMEL IN 46032 CHECK DATE: 09/09/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4238900 3549281 47.80 OTHER MAINT SUPPLIES 651 5023990 3552841 48.36 OTHER EXPENSES 1120 4231100 355439 24.18 BOTTLED GAS 2201 4353099 3555591 143.00 OTHER RENTAL & LEASES . 2201 4353099 3557311 219.75 OTHER RENTAL & LEASES 2201 4353099 3557511 38.50 OTHER RENTAL & LEASES 2201 4237000 3565491 20.00 REPAIR PARTS 2200 4239099 3566241 11.99 OTHER MISCELLANOUS 2200 4239099 3567381 46.20 OTHER MISCELLANOUS WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. iiiiiiiiiiiiiiiiiiiiiillillillillillillI Page 1 of 1 RStatus: Closed U NYON 410 West Carmel Drive Invoice#: 356624-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Wed 9/2/2015 www.runyonrental.com Date Out: Wed 9/2/2015 2:53PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: MEL SPROUSE �Customerfi335� Terms: On Account CITY OF CARMEL 317-571-2448 Phone 317-571-2409 Fax ONE CIVIC SQUARE CARMEL, IN 46032 PO#: ENGINEERING Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm - 8 { Picked up by: THOMAS, JOHN G Salesman: NONE Qty Key Items Ser# Status Returned Date Price 1 032076881108-1 CABLE TIES 14"100PK Pulled $11.99 7?. UO 4 2_3q G 9`l Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) ISIARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $11.99 double-insulated safety-approved tools),and you are responsible for not cutting off the ground.lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $11.99 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: Indiana Sales Tax: $0.00 Total: $11.99 Paid: $0.00 Signature: THOMAS,JOHN G Amount Due: $11.99 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)"Customer,"'you"and"your"mean the customer or"Lessee"identified statement of the subject exceptions and exclusions: Repair/replacement costs: (a)which, in the aggregate, on Page 1; (b) "Lessor," 'Runyon,"'We,""us"and"our"mean Runyon Equipment Rental Inc. and Runyon exceed the Coverage Limit;(b)for tires,tubes and wheels,(c)for any Rented Item(s)which is/are not returned to Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented us at the end of the Term;and(d)for Rented Item(s)damaged or destroyed as a direct or indirect result of:(i) Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time your breach of this Contract;gross negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from malicious mischief,(iii)use of alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rates)("Rent"),together with any of insurance.Your insurance will continue to apply for our benefit and will remain primary(we will be subrogated other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned to your rights under such policy). You agree to assign to Runyon all of your rights thereunder and to take all to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to actions necessary to assist us in recovering from your insurer for all damages covered by this LEPP. pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on A complete statement of the LEPP provisions is available at the rental counter and on our websites at our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep,com/files/Damage_Waiver.pdf and single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonrental,com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X _(Initial) per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of (11) Default/Remedies. If you or any guarantor: (a)fail to fully and timely comply with any provision of this nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by Contract; (b) provide any incorrect or misleading information to us: (c) become insolvent; (d) make an you and will become the property of Runyon. assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief identified in Section(5),only at the address set forth on Page 1(the"Site"),in full compliance with all applicable from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated remove.damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost Rented Item(s)without our prior written consent,which we may grant.condition or withhold in our sole discretion. rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), Only you and your authorized employees may use the Rented Item(s). WITHOUT NOTICE, without interference from you, WITHOUT PROCESS OF LAW, and without us or our (3)Delivery/Retrieval. If we agree to deliver and/or retrieve any Rented Item(s), you will pay our regular agents being liable for property damage, trespass, forcible entry, or other similar transgression: and/or(vii) delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not pursue any other rights and/or remedies available in connection herewith,at law or in equity. responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon,You (12)WAIVERIINDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). are responsible for loading and unloading the Rented Item(s) If we assist in loading and/or unloading the Rented ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND WITH ALL FAULTS."WE MAKE Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) any delays caused by the acts or omissions of any other parties,including but not limited to any providers of REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers')for INFRINGEMENT, ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR OTHER ASSERTIONS. which you agree to indemnify,defend and hold harmless Runyon. REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, Rented Items)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY. Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS. Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT you full of fuel and all necessary fluids and lubricants(as applicable);and IN)is appropriate for your purposes, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU equipment(including personal fall protection, gloves and protective eyewear,as applicable); (iv)will use the SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN Rented Item(s)only for its/their intended purpose(s), in a reasonable and safe manner; (v)will immediately SUCH DEFENSE. discontinue use of the Rented Item(s)if it/they malfunction(s)or appear(s)defective(a"Malfunction")and notify Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- Leases.Your duties hereunder are UNCONDITIONAL. (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, (14) Miscellaneous. This Contract, and any Addenda signed or provided by Runyon, represents the entire return the Rented Item to us. You further agree you will not repair or have anyone else repair any Rented Item. agreement between you and Runyon.This Agreement supersedes all other agreements and representations Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the (including our website and advertising).The headings used herein are solely for convenient reference and shall Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with other costs of enforcing this Contract.You will pay all taxes.fines,fees,assessments and other similar charges respect to Malfunctions. You hereby waive, any and all other claims, including without limitation incidental related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, consequential,statutory,special,exemplary and punitive damages,against Runyon. Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)is to use it/them in full compliance with this Contract during the rental term.You will protect the party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the any flen,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or Rented Item(s). Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies will remedies under this Contract without your consent. You may not transfer.sublease or assign any portion of or constitute an election of remedies or a waiver of any right or remedy Runyon may have If any performance interest In the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such (8)Damaged,Dirty,or Lost Rented Iteni You agree to pay for any damage to or loss of the Rented Item(s), - performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out amounts due hereunder will bear interest at the rate of one and one half(1 ;z)percent per month added to of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, write which is returned NSF. Runyon's maximum liability under or in connection with this Contract is by others. limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least (a)commercial terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 other items you rent from Runyon at any time(except only as expressly set forth in any other agreement per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original. covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence, for any rented true(operating)lease,and not a financing arrangement:(b)cannot be amended or extended except in a writing auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without above coverages specifying that they will not be cancelled during the rental term. limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to (10 Limited Equipment Protection Plan("LEPP"or"Damage Waiver").LEPP IS A DAMAGE WAIVER.IT IS any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) NOT INSURANCE,NOR IS IT A WARRANTY.If we have offered and you have purchased the OPTIONAL acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal LEPP (itemized on Page 1 if available), you will have no liability to Runyon for 50% of the total counsel. repair/replacement cost for physical damage to covered Rental Item(s), up to a maximum of$5,000.00 of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN covered costs(the"Coverage Limit',subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. in our"Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. 11111111111111111111111Page 1 of 1 R Status: Closed U NYO N 410 West Carmel Drive Invoice#: 356738-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Thu 9/3/2015 www.runyonrental.com Date Out: Thu 9/3/2015 1:40PM 1-800-276-To01(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Devin Esterly �Custo �335—� Terms: On Account CITY OF CARMEL 317-571-2448 Phone 317-571-2409 Fax ONE CIVIC SQUARE CARMEL, IN 46032 PO#: n/a Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am4:30pm, Sunday 9:00am-3:00pm Picked up by: hoover, aaron Salesman: NONE Qty Key Items Ser# Status Returned Date Price 12 043281001946-1 PAINT MARKING ORANGE 20 OZ! Pulled $46.20 2200- �-i2 3 qv�� Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $46.20 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $46.20 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: Indiana Sales Tax: $0.00 Total: $46.20 Paid: $0.00 Signature: hoover, aaron Amount Due: $46.20 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)'Customer,""you"and"your"mean the customer or"Lessee"identified statement of the subject exceptions and exclusions: Repair/replacement costs: (a)which,in the aggregate, on Page 1; (b) 'Lessor," "Runyon,"'We,""us"and"our"mean Runyon Equipment Rental Inc. and Runyon exceed the Coverage Limit;(b)for tires,tubes and wheels;(c)for any Rented Item(s)which is/are not returned to Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented us at the end of the Term;and(d)for Rented Item(s)damaged or destroyed as a direct or indirect result of:(i) Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time your breach of this Contract;gross negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from malicious mischief,(iii)use of alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent"),together with any of insurance.Your insurance will continue to apply for our benefit and will remain primary(we will be subrogated other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned to your rights under such policy). You agree to assign to Runyon all of your rights thereunder and to take all to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to actions necessary to assist us in recovering from your insurer for all damages covered by this LEPP. pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on A complete statement of the LEPP provisions is available at the rental counter and on our websites at our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a http://www.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonrental.com/sites/www runyonrental.com/files/Damage_Waiver,pdf. X _(Initial) per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for all time out, and no allowance will be made for weekends,holidays,time in transit or any other period(s)of (11)Default/Remedies. If you or any guarantor: (a)fail to fully and timely comply with any provision of this nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an you and will become the property of Runyon. assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or liquidator;or(e)die or cease conducting business;you will be deemed in default,whereupon,we may without (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief identified in Section(5),only at the address set forth on Page 1(the"Site"),in full compliance with all applicable from any automatic stay;(iii)perform any or all of your obligations on your behalf,without being obligated to do laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Item(s), Only you and your authorized employees may use the Rented Item(s). WITHOUT NOTICE, without interference from you,WITHOUT PROCESS OF LAW,and without us or our (3)Delivery/Retrieval. If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular agents being liable for property damage, trespass, forcible entry, or other similar transgression; and/or(vii) delivery and/or retrieval charge(s) This includes if we must pick up equipment for non-payment.Runyon is not Pursue any other rights and/or remedies available in connection herewith,at law or in equity, responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You (12)WAIVERANDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS."WE MAKF Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITv. including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) any delays caused by the acts or omissions of any other parties,including but not limited to any providers of REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR other equipment,products or services related to your planned use of the Rented Item(s)("Other Providersl for INFRINGEMENT,ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR OTHER ASSERTIONS. which you agree to indemnify,defend and hold harmless Runyon. REGARDLESS OF WHERE THEY APPEAR,CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, (5) Inspections/Safety. Upon your execution of this Contract or upon subsequent deliver of the Rented SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR ( P q Y NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Item(s), unless you thereupon reject Uthem), you represent, warrant, acknowledge and agree to and with DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, LIMITATION, ATTORNEYS' FEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING user manuals and other information,if any(including all training required under applicable EPA,OSHA and/or AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU equipment(including personal fall protection,gloves and protective eyewear,as applicable); (iv)will use the SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN Rented Item(s)only for its/their intended purpose(s), in a reasonable and safe manner; (v)will immediately SUCH DEFENSE. discontinue use of the Rented Item(s)if it/they malfunction(s)or appear(s)defective(a"Malfunction")and notify Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- Leases.Your duties hereunder are UNCONDITIONAL. (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in need of maintenance or repair.you agree to immediately discontinue use,notify us,and if directed to do so, (14) Miscellaneous.This Contract,and any Addenda signed or provided by Runyon, represents the entire return the Rented Item to us. You further agree you will not repair or have anyone else repair any Rented Item. agreement between you and Runyon.This Agreement supersedes all other agreements and representations Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the (including our website and advertising).The headings used herein are solely for convenient reference and shall Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with other costs of enforcing this Contract.You will pay all taxes,fines,tees,assessments and other similar charges respect to Malfunctions. You hereby waive, any and all other claims, including without limitation, incidental related to the Rented Item(s).It legal action is brought to enforce this Contract,you agree that Hamilton County, consequential,statutory,special,exemplary and punitive damages,against Runyon. Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the remainder of this Contract will remain valid and in full force and effecr.Time is of the essence.There are no third- Rented Item(s)is to use it/them in full compliance with this Contract during the rental term.You will protect the party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its intetesf in the any lien,claim or encumbrance thereon We may,at our sole option,assign all or any portion of our rights and/or Rented Item(s). Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies .v:. remedies under this Contract without your consent. You may not transfer.sublease or assign any portion of or constitute an election of remedies or a waiver of any right or remedy Runyon may have.If any performance Interest in the Rented Item(s)or this Contract without our prior written consent.A transfer of more than 50%of required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any'Act the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), Performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out amounts due hereunder will bear interest at the rate of one and one half(1 'h)percent per month added to of our possession.If the Rented Item(s)is/are stolen or damaged,you will pay list for parts,labor or,if a total accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, write which is returned NSF. R_u_nyon's maximum liability under or in connection with this Contract is by others. limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 other items you rent from Runyon at any time(except only as expressly set forth in any other agreement per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence, for any rented true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without above coverages specifying that they will not be cancelled during the rental term. limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to (10 Limited Equipment Protection Plan("LEPP"or"Damage Waiver").LEPP IS A DAMAGE WAIVER.IT IS any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) NOT INSURANCE,NOR IS IT A WARRANTY.If we have offered and you have purchased the OPTIONAL acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal LEPP (itemized on Page 1 if available), you will have no liability to Runyon for 50% of the total counsel. repair/replacement cost for physical damage to covered Rental Item(s), up to a maximum of$5,000.00 of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN covered costs(the"Coverage Limit"),subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. in our"Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Runyon Equipment Rental Purchase Order No. 410 W: Carmel Drive Terms Carmel, IN 46032 Date Due Invoice Invoice Description Date Number. (or note attached invoice(s) or bill(s) Amount 9/2/2015 356624-1 Cable ties $ 11.99 9/3/2015 356738-1 Marking paint $ 46.20 Total $ 58.19 I hereby certify that the attached invoice(s), or bill(§), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6. 120 Clerk-Treasurer } VOUCHER NO WARRANT NO. Runyon Equipment RentalAL \ LOWED 20 410 W. Carmel Drive IN SUM OF $ Carmel, IN 46032 $ 58.19 ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 0 356624-1 2200-4239099 $ 11.99 bill(s) is (are) true and correct and that the materials or services itemized thereon for 0 356738-1 2200-4239099 $ 46.20 which charge is made were ordered and received except 9/4/2015 Sign ure City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund To: Page 4 of 4 2015-08-27 15:45:21 (GMT) 13172190697 From: Jack Runyon Page 1 of 1 Runyon Equipment Rental 410 West Carmel Drive Carmel, IN 46032 .......................-_...._........--._._._ _....._.__.._........_..... www.runyonrental.com Closed i Invoice# Tue 8/25/2015 355439-1 Bill to: Customer# 1182 CARMEL FIRE DEPARTMENT Job Descr: CINDY SHEEKS 2 CIVIC SQUARE CARMEL, IN 46032 Date Out: Tue 8/25/2015 Terms Aging Date ................................................................................. 1 On Account Tue 8/25/2015 ! Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm ----------- _._.............._.....'----.....-.._...-._.....-................................................._........................_........_.._..._.....__................._.__......--....--._.---------- ....._----._- ...._.._....------....__....._.... _...._.. Qty Item Description Date Amount Rate 1 10671 PROPANE 30 POUND REFILL Sales 24.18 24.18 Sale .4.18 L _ __.w2 .18 Picked up by, BOB VANVOORST Salesman: NONE Used at Address: ; ........._.._-.._.._......---.-_....._...._...-...m. .__..-._...........--- ---------.___._._...._.......-...._._.._.................._......_.......-,...._.__._-..._...._.........................___._............_.......-.... _.__.._........._.....- , a Rental and Sales: Misc Charges: Indiana Sales Tax: .. .....,.�..._.... M...�.._�..$24...�.8...�...�....�.'...H.�......................_S0 ..00..._3�.��...�... ..,..M.�..,..,..�.,.,...�....w.,,.,.�.,�,,�., 50.00 $0.00 Current On Account Total Amount: $24.18 Total Paid: $0.00 Total Due: $24.18 i 317-566-6888 ? 317-566-2990 {{ Pnn:eo(A i qu 3/27i201U 11.29 22 an ,4o'hwa•e try•Point-o'-Renta Solt-are iOF RE'11'ALC0EI Strtom•1h-P:.ra "t I Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 355439 $24.18 1 hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF $ 410 W. Carmel Drive Carmel, IN 46032 $24.18 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1120 355439 42-311.00 $24.18 1 hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except SEP - 4 2815 � v Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund 111111111111111111111111 IN Page 1 of ® Status: Closed 410 West Carmel Drive Invoice#: 354928-1 EQUIPMENT{ZENTAL Carmel,IN 46032 Invoice Date: Fri 8/21/2015 www.runyonrental.com Date Out: Fri 8/21/2015 9:28AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don'f be a fool-Renf one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: BENTLEY, JAMES Salesman: NONE Qty I Key Items Ser# Status Returned Date Price 4 564699-1 MOVING PADS Pulled $47.80 Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Bwdiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $47.80 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned,and(e)labor rate is charged at$85.00 per hour X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $47.80 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract Printed Name: Indiana Sales Tax: $0.00 Total: $47.80 Paid: $0.00 Signature: BENTLEY,JAMES Amount Due: $47.80 111111 II 11111111111111111111 IN IIII Page 1 of 1 uNYONStatus: Closed 410 West Carmel Drive Invoice#: 355559-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Wed 8/26/2015 1-800-276-Tool(8665) www.runyonrental.com Date Out: Wed 8/26/2015 9:03AM 317-566-8888 Phone "Don't be a tool-Renf one" 317-566-2990 Fax Operator: WINNIE HELMS Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: DAVIS, JOSHUA ALAN Salesman: NONE Qty Key Items Ser# Status Returned Date Price 1 9112#0006 TRENCHER 4"X 30" D3613 Returned Wed 8/26/2015 3:33PM $130.00 Meter Out:154.6 Meter In:154.6 Total hours on meter:0.0 4Hrs$100.00 I day$130.00 1week$520.00 4weeks$1,560.00 CALL BEFORE YOU DIG 1-800-382-5544 CUSTOMER IS TOTALLY LIABLE FOR TIRE REPAIR,PLEASE CHECK TIRES PRIOR TO LEAVING LOT X EQUIPMENT IS FOR LOCAL RENTAL ONLY 25 MILE RADIUS FROM OUR STORE YOU ARE RESPONSIBLE FOR RETURN AND/OR RECOVERY X Thank You for your Business i Rental Contract Rental: $130.00 You understand that(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $13.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned,and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $143.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract Printed Name: Indiana Sales Tax: $0.00 Total: $143.00 Paid: $0.00 Signature: DAVIS,JOSHUA ALAN Amount Due: $143.00 111111111111111111111111 IN Page 1 of 1 ®� Status: Closed 410 West Carmel Drive Invoice#: 355731-1 EQUI4NIENT INTAL Carmel,IN 46032 Invoice Date: Thu 8/27/2015 1-800-276-Tool(8665) www.runyonrental.com Date Out: Thu 8/27/2015 10:09AM 317-566-8888 Phone "Don't be a tool-Reat one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: MOFFITT, SAMUEL Salesman: NONE Qty Key Items Ser# Status Returned Date Price 1 9118#0001 TRENCHER R/O 6"WIDE 48"DEEP 3YO271 Returned Thu 8/27/2015 2:07PM $185.00 Meter Out:555.0 Meter In:555.8 Total hours on meter:0.8 4Hrs$185.00 1day$245.00 1week$980.00 4weeks$2,940.00 CALL BEFORE YOU DIG 1-800-382-5544 CUSTOMER IS TOTALLY LIABLE FOR TIRE REPAIR,PLEASE CHECK TIRES PRIOR TO LEAVING LOT X EQUIPMENT IS FOR LOCAL RENTAL ONLY 25 MILE RADIUS FROM OUR STORE YOU ARE RESPONSIBLE FOR RETURN AND/OR RECOVERY X 2.5 DIES-1 DIESEL Pulled $16.25 Thank You for your Business Rental Contract Rental: You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) $185.00 IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $18.50 fuels(e.g.Siodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel,(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $16.25 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug,(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $219,75 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract Printed Name: Indiana Sales Tax: $0.00 Total: $219.75 Paid: $0.00 Signature: MOFFITT,SAMUEL Amount Due: $219.75 11111111111 Illi)111111111111111 II1I IN Page 1 of 1 U ® Status: Closed 410 West Carmel Drive Invoice#: 355751-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Thu 8/27/2015 www.runyonrental.com Date Out: Thu 8/27/2015 11:33AM 1-800-276-TOOI(8665) 317-566-8888 Phone `Don't he a tool-Rent one` 317-566-2990 Fax Operator: Devin Customer#: t384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: MOFFITT, SAMUEL Salesman: NONE Qty Key Items Sent Status Returned Date Price 1 5025#0012 EDGER BED BUG BLUE 061479179 Returned Thu 8/27/2015 1:05PM $35.00 2Hrs$35.00 +1 Hrs$15.00 1 day$70.00 tweek$280.00 4weeks$840.00 Thank You for your Business Rental Contract Rental: You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) $35.00 IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $3.50 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel,(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $38.50 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: Indiana Sales Tax: $0.00 Total: $38.50 Paid: $0.00 Signature: MOFFITT,SAMUEL Amount Due: $38.50 111111 IIIII 11111111111111111111 IN 1111 Page 1 of Status: Closed 410 West Carmel Drive Invoice#: 356549-1 EQUIVMENT RENTAL Carmel,IN 46032 Invoice Date: Wed 9/2/2015 1-800-276-Tool(8665) www.runyonrental.com Date Out: Wed 9/2/2015 10:25AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: BRIDGETTE ELMORE Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: BENTLEY, JAMES Salesman: NONE Qty Key Items Ser# Status Returned Date Price 1 9-1 BANDING ON A DISCHARGE HOSE Pulled $20.00 Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $20.00 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned,and(e)labor rate is charged at$85 00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions. X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $20.00 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customers prompt payment and performance of its obligations arising under this Contract. Printed Name: Indiana Sales Tax: $0.00 Total: $20.00 Paid: $0.00 Signature: BENTLEY,JAMES Amount Due: $20.00 Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 08/21/15 354928-1 $47.80 08/26/15 355559-1 $143.00 08/27/15 355731-1 $219.75 08/27/15 355751-1 $38.50 09/02/15 356549-1 $20.00 1 hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 , 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF $ 410 W. Carmel Drive Carmel, IN 46032 $469.05 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 2201 354928-1 42-389.00 $47.80 I hereby certify that the attached invoice(s), or 2201 355559-1 43-530.99 $143.00 bill(s) is (are) true and correct and that the 2201 355731-1 43-530.99 $219.75 materials or services itemized thereon for 2201 355751-1 43-530.99 $38.50 2201 356549-1 42-370.00 $20.00 which charge is made were ordered and received except Thursda , S tuber 03, 2015 VVLA/VY 4111-ff Vcq;VT— St����"6r43'�li�' goer Title Cost distribution ledger classification if claim paid motor vehicle highway fund WE ARE NOT RESPONSIBLE FOR DAMAGE DONE WHEN LOADING/UNLOADING EQUIPMENT. IIII II I I I I ' II I IIIIIIII Page 1 of 1 Status: Closed 410 West Carmel Drive Invoice#: 355284-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Mon 8/24/2015 1-800-276-Tool(8665) www.runyonrental.com Date Out: Mon 8/24/2015 11:59AM 317-566-8888 Phone "Don't be a tool- Rent one" 317-566-2990 Fax Operator: WINNIE HELMS �cus Omer 9985 Terms: On Account CARMEL WASTE WATER 317-571-2645 Phone 9609 HAZEL DELL PARKWAY SUITE 110 INDIANAPOLIS, IN 46280 Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: JARVIS, DUANE M ( 53637) Salesman: NONE Qty Key Items Ser# Status Returned Datel Price 2 101-1 PROPANE 30 POUND REFILL Pulled $48.36 Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) IS/ARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with safety grounded plugs for use in grounded outlets(except for Sales: $48.36 double-insulated safety-approved tools),and you are responsible for not cutting off the ground lug;(d)Runyon is authorized to charge my debit or credit card for all amounts coming due hereunder,including for damage to the Rented Item(s)which is discovered after the Rented Item(s)have been returned;and(e)labor rate is charged at$85.00 per hour. X (Initial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those instructions X (Initial) I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $48.36 Equipment Protection Plan(Damage Waiver)as described on the back of this Contract.x (Initial) The undersigned has carefully read and fully understands the Terms and Conditions on the back of this Contract and personally guarantees the Customer's prompt payment and performance of its obligations arising under this Contract. Printed Name: Indiana Sales Tax: $0.00 Total: $48.36 1 7 Paid: $0.00 Signature: JARVIS, DUANE M ( 53637) Amount Due: $48.36 WE CHARGE FOR TIME OUT,NOT TIME USED. YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. RENTAL FEES DO NOT APPLY TO PURCHASES. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon has been notified. A LARGER-FONT VERSION OF THIS CONTRACT IS AVAILABLE UPON REQUEST. TERMS AND CONDITIONS FOR RENTAL A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST (1)Rental.As used in this Contract:(a)"Customer,"'you"and"your"mean the customer or"Lessee"identified statement of the subject exceptions and exclusions: Repair/replacement costs: (a)which, in the aggregate, on Page 1; (b) 'Lessor." "Runyon,"'we,""us"and "our"mean Runyon Equipment Rental Inc. and Runyon exceed the Coverage Limit;(b)for tires,tubes and wheels:(c)for any Rented Item(s)which is/are not returned to Surface Prep Rental and Supply LLC;(c)"Page 1"refers to the first page or'lace"of this Contract;(d)"Rented us at the end of the Term;and(d)for Rented Item(s)damaged or destroyed as a direct or indirect result of:(i) Item(s)"means the items rented to you,as identified on Page 1;and(e)'Term"means the period from the Time your breach of this Contract;gross negligence,misuse and/or abuse of any Rented Item(s);(ii)vandalism and/or Out(as specified on Page 1)to the Agreed Return Date(as specified on Page 1).You hereby agree to rent from malicious mischief,(iii)use of alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or pofcy us the Rented Item(s)for the Term and agree to pay Runyon our stated rental rate(s)("Rent"),together with any of insurance Your insurance will continue to apply for our benefit and will remain primary(we will be subrogated other charges accruing hereunder,without proration,reduction or setoff,until the Rented Item(s)is/are returned to your rights under such policy). You agree to assign to Runyon all of your rights thereunder and to take all to and accepted by us.(If you fail to return the Rented Item(s)by the Agreed Return Date,you will continue to actions necessary to assist us in recovering from your insurer for all damages covered by this LEPP. pay us Rent until the Rented Item(s)is/are returned to and accepted by us.No Rented Item(s)is/are to be left on A complete statement of the LEPP provisions is available at the rental counter and on our websites at our premises if we are not open to receive them.)Rental rates are for normal use of the Rented Item(s)on a http:/Iwww.runyonsuOaceprep.cam/sites/www.runyonsurfaceprep.com/files/Damage_Waiver.pdf and single-shift basis,not exceeding 8 hours per day.If any greater use is made(e.g.,over 8 hours per day,40 hours http://www.runyonrental.com/sites/www.runyonrental.com/files/Damage_Waiver.pdf. X _(Initial) per 7-day period,or 160 hours per 4-week period),the Rent will be proportionally increased.We charge Rent for all time out, and no allowance will be made for weekends,holidays.time in transit or any other period(s)of (11) Default/Remedies. If you or any guarantor: (a)fail to fully and timely comply with any provision of this nonuse.Item(s)remaining in or on any Rented Item(s)upon return will,at our option,be deemed abandoned by Contract; (b) provide any incorrect or misleading information to us; (c) become insolvent; (d) make an you and will become the property of Runyon. assignment for the benefit of creditors or suffer or acquiesce to the appointment of a trustee, receiver or liquidator;or(e)die or cease conducting business:you will be deemed in default,whereupon.we may without (2)Use. You will ensure that the Rented Item(s)is/are used safely and in accordance with the"Instructions" notice or liability to you other than as required under applicable law:(i)terminate this Contract;(ii)seek relief identified in Section(5),only at the address set forth on Page 1(the"Site',in full compliance with all applicable from any automatic stay;(iii)perform any or all of your obligations on your behalf.without being obligated to do laws,rules and regulations.You will not,nor will you permit anyone else to,(a)attempt to repair,abuse,misuse, so;(iv)purchase replacement item(s)as necessary;(v)recover from you and/or any guarantor our associated remove,damage or destroy any Rented Item(s);or(b)take possession of or exercise control over any of the direct, indirect, incidental and consequential damages, costs and expenses(including without limitation, lost Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. rental income); (vi) immediately lock, disable, and/or retake possession and control of the Rented Items Only you and your authorized employees may use the Rented Item(s), WITHOUT NOTICE, without interference from you, WITHOUT PROCESS OF LAW, and without us or our (3)Delivery I Retrieval. If we agree to deliver and/or retrieve any Rented Item(s),you will pay our regular agents being liable for property damage, trespass, forcible entry, or other similar transgression; and/or(vii) delivery and/or retrieval charge(s).This includes if we must pick up equipment for non-payment.Runyon is not pursue any other rights and/or remedies available in connection herewith,at law or in equity. responsible for any damage whatsoever as a result of on-the job deliveries or pick-up by Runyon.You (12)WAIVER/INDEMNITY.WE ARE NOT THE MANUFACTURER OR DESIGNER OF THE RENTED ITEM(S). are responsible for loading and unloading the Rented Item(s).If we assist in loading and/or unloading the Rented ACCORDINGLY,THE RENTED ITEM(S)IS/ARE PROVIDED"AS-IS"AND"WITH ALL FAULTS."WE MAKE Item(s),you agree to indemnify,defend and hold harmless Runyon for any property damage or personal injuries, NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF SUITABILITY, including damage or personal injuries attributable to the negligence of Runyon.We will not be responsible for MERCHANTABILITY, FITNESS, FUNCTION, DESIGN, CAPACITY OR FREEDOM FROM DEFECTS) any delays caused by the acts or omissions of any other parties,including but not limited to any providers of REGARDING THE RENTED ITEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR other equipment,products or services related to your planned use of the Rented Item(s)("Other Providers")for INFRINGEMENT.ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS OR OTHER ASSERTIONS which you agree to indemnify,defend and hold harmless Runyon. REGARDLESS OF WHERE THEY APPEAR CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US. (4)Protection and Return.Subject to the terms of any Damage Waiver you may purchase,you will protect the YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, Rented Item(s)and return it/them to Runyon on time,clean and otherwise in good order,condition and repair, AND ARISING IN CONNECTION WITH,THE RENTED ITEM(S), INCLUDING WITHOUT LIMITATION,ANY and full of the proper fuel.A charge of eighty-five dollars($85.00)per hour will be charged for cleanup.Also, AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING FROM OR IN CONNECTION WITH THE maintenance of proper oil levels in the Rented Item(s)is solely your responsibility. SELECTION,MANUFACTURE,USE,LOADING,UNLOADING,TRANSPORTATION,OPERATION,STORAGE, SERVICING,MAINTENANCE,REPAIR AND/OR RETURN OF ANY OF THE RENTED ITEM(S),WHETHER OR (5) Inspections/Safety. Upon your execution of this Contract (or upon subsequent delivery of the Rented NOT YOUR FAULT.YOU HEREBY RELEASE AND DISCHARGE US FROM AND AGREE TO INDEMNIFY, Item(s), unless you thereupon reject it/them), you represent, warrant, acknowledge and agree to and with DEFEND AND HOLD HARMLESS LESSOR AND ITS OWNERS, OFFICERS, DIRECTORS, AGENTS, Runyon that:(a)each of the Rented Item(s)(i)has been carefully selected,examined,counted and tested by EMPLOYEES. INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you;(ii)is in good repair and operating condition and is in all ways acceptable to you;(iii)has been delivered to ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT you full of fuel and all necessary fluids and lubricants(as applicable);and(iv)is appropriate for your purposes, LIMITATION. ATTORNEYSFEES) ARISING FROM OR ASSOCIATED WITH EACH OF THE RENTED not based on our recommendation;and(b)you:(i)have received,read and understood the training,instructions, ITEM(S) (INCLUDING WITHOUT LIMITATION, ANY AND ALL COSTS ASSOCIATED WITH REPAIRING user manuals and other information.if any(including all training required under applicable EPA,OSHA and/or AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR ANSI Standards,if any)regarding the proper and safe transportation,installation,use,maintenance and storage NEGLIGENCE. IN THE EVENT THAT AN ACTION IS COMMENCED NAMING RUNYON AS A PARTY, of the Rented Item(s);(ii)will fully comply therewith;(iii)have been offered all recommended or required safety RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU equipment(including personal fall protection,gloves and protective eyewear, as applicable); (iv)will use the SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN Rented Item(s) only for its/their intended purpose(s), in a reasonable and safe manner; (v)will immediately SUCH DEFENSE. discontinue use of the Rented Item(s)if il/they malfunction(s)or appear(s)defective(a"Malfunction")and notify Runyon immediately;and(vi)will cause all other users to comply with this Section. (13)UCC.You irrevocably waive any and all rights and remedies conferred upon you under UCC Article 2A- Leases.Your duties hereunder are UNCONDITIONAL. (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in need of maintenance or repair,you agree to immediately discontinue use,notify us,and if directed to do so, (14) Miscellaneous.This Contract, and any Addenda signed or provided by Runyon, represents the entire return the Rented Item to us. You further agree you will not repair or have anyone else repair any Rented Item. agreement between you and Runyon.This Agreement supersedes all other agreements and representations Failure to timely notify us may result in your being charged the entire Rent. We may(at our option):(a)repair the (including our website and advertising).The headings used herein are solely for convenient reference and shall Rented Item;(b)provide you with a replacement;or(c)make a comparable item available as soon as reasonably not be used to construe or affect the interpretation of this Agreement.You will pay Runyon its attorneys'fees and possible.The foregoing remedy is EXCLUSIVE.We will have no obligation other than as set forth herein with other costs of enforcing this Contract.You will pay all taxes,fines,fees,assessments and other similar charges respect to Malfunctions. You hereby waive, any and all other claims, including without limitation, incidental, related to the Rented Item(s).If legal action is brought to enforce this Contract,you agree that Hamilton County, consequential,statutory,special,exemplary and punitive damages,against Runyon. Indiana shall be the jurisdiction and legal venue for said action.If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed deleted, and the (7)Ownership.We own and will retain title to all Rented Item(s)at all times.Your only right with respect to the remainder of this Contract will remain valid and in full force and effect.Time is of the essence.There are no third- Rented Item(s)is to use it/them in full compliance with this Contract during the rental term.You will protect the party beneficiaries to this Contract.Runyon may inspect the Rented Item(s)at any time without notice or liability Rented Item(s)at all times(including locking and guarding them when not in use)and will not permit the taking of to you.Runyon may file of public record one or more UCC-1 Financing Statements to reflect its interest in the any lien,claim or encumbrance thereon.We may,at our sole option,assign all or any portion of our rights and/or Rented Item(s). Neither our exercise, nor our failure or delay in the exercise,of any rights or remedies will remedies under this Contract without your consent. You may not transfer,sublease or assign any portion of or constitute an election of remedies or a waiver of any right or remedy Runyon may have. If any performance interest in the Rented Item(s)or this Contract without our prior written consent A transfer of more than 50%of required of Runyon is rendered impractical as a result of any act or omission of any Other Providers or any"Act the equity or voting control of the Customer or any guarantor will be deemed a transfer for these purposes. of God"(e.g.,any event,fact or circumstance beyond our reasonable control),Runyon will be excused from such (8)Damaged,Dirty,or Lost Rented Item(s).You agree to pay for any damage to or loss of the Rented Item(s), performance.You waive the benefits of any and all statutes of limitations regarding our rights and remedies.All regardless of cause,subject to any Damage Waiver you may have purchased,while the Rented Item(s)are out amounts due hereunder will bear interest at the rate of one and one half(1 y2)percent per month added to of our possession.If the Rented Items)is/are stolen or damaged,you will pay list for parts,labor or,if a total accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay loss,will pay replacement cost of the Rented Item(s)plus the cost of rental up to the time of reporting the loss or Runyon the maximum lawful charge for any debit or credit card you provide that is declined or any check you theft to Runyon.The cost of repairs will be borne by you,whether performed by Runyon,or,at Runyon's option, write which is returned NSF. Runvon's maximum liability under or in connection with this Contract is by others. limited to the Rent actually paid by you hereunder.This Contract allocates the risk of injury or damage to persons or property arising in connection with the Rented Item(s),and that allocation is reflected in the Rent.The (9)Insurance.You will maintain all insurance we deem necessary,but in any event,at least:(a)commercial terms of this Contract will be deemed to apply not only to the Rented Item(s)identified on Page 1,but also to all general liability insurance covering all operations and contractual obligations with minimum limits of$1,000,000 other items you rent from Runyon at any time(except only as expressly set forth in any other agreement per occurrence; (b) inland marine insurance or the equivalent (including coverage for property in transit), subsequently executed by us). Your handwritten, digital or electronic signature hereon, whether original, covering all loss of or damage to the Rented Item(s)for the full replacement value thereof;and(c)hired auto photocopied,or received via facsimile,will be enforceable as an original for all purposes.This Contract:(a)is a physical damage and hired auto liability with minimum limits of$1,000,000 per occurrence, for any rented true(operating)lease,and not a financing arrangement;(b)cannot be amended or extended except in a writing auto(s).All such policies shall:(i)name Runyon as an additional insured and loss payee;(ii)be deemed to waive signed by both you and us;and(c)will be governed solely by the laws of Indiana.Each party waives its right subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our to a Jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter insurance will be excess).Upon request,you will provide Runyon with copies of the proper endorsements for the hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without above coverages specifying that they will not be cancelled during the rental term. limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to (10 Limited Equipment Protection Plan("LEPP"or"Damage Waiver").LEPP IS A DAMAGE WAIVER.IT IS any exceptions. Each party (a) understands that this is a waiver of important legal rights and (b) NOT INSURANCE,NOR IS IT A WARRANTY.If we have offered and you have purchased the OPTIONAL acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal LEPP (itemized on Page 1 if available), you will have no liability to Runyon for 50% of the total counsel. repair/replacement cost for physical damage to covered Rental Items up to a maximum of$5,000.00 of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN covered costs(the"Coverage Limit'),subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. in our"Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W. Carmel Drive Terms Carmel, IN 46032 Due Date 8/27/2015 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/27/2015 355284-1 $48.36 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date Officer VOUCHER # 156187 WARRANT # ALLOWED 354867 IN SUM OF $ RUNYON EQUIPMENT RENTAL 410 W. Carmel Drive Carmel, IN 46032 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 355284-1 01-7502-06 $48.36 I Voucher Total $48.36 Cost distribution ledger classification if claim paid under vehicle highway fund