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Home My WebLink About302631 08/31/16 G�q CITY OF CARMEL, INDIANA VENDOR: 00351502 ONE CIVIC SQUARE MACALLISTER MACHINERY CO INC CHECK AMOUNT: $****10,016.00* CARMEL, INDIANA 46032 DEPT 78731 CHECK NUMBER: 302631 v PO BOX 78000 CHECK DATE: 08/31/16 M�TON.�o, DETROIT MI 48278-0731 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4353099 M6255101 1,140.00 OTHER RENTAL & LEASES 2201 4353099 M62551011 768.00 OTHER RENTAL & LEASES 2201 4353099 M6256001 1,140.00 OTHER RENTAL & LEASES 2201 4353099 M62560011 768.00 OTHER RENTAL & LEASES 1208 4350900 R04026052403 6,200.00 OTHER CONT SERVICES VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ALLOWED 20 ACCOUNTS PAYABLE VOUCHER MACALLISTER MACHINERY CO INC DEPT 78731 IN SUM OF$ CITY OF CARMEL PO BOX 78000 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service DETROIT, MI 48278-0731 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $2,280.00 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Street Department Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT M6256001 43-530.99 $1,140.00 1 hereby certify that the attached invoice(s),or 8/12/16 M6256001 $1,140.00 2201 201 2201 201 M6255101 43-530.99 $1,140.00 bill(s)is(are)true and correct and that the 8/15/16 M6255101 $1,140.00 2201 1 1 201 1 materials or services itemized thereon for 2201 1 201 which charge is made were ordered and received except Tuesday,August 23, 2016 Dave Huffman Director 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 5-11-10-1.6 120 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310 visit our Web Site: www.MacAllister.com MacAllister Power System Fort Wayne Terre Haute South Bend Washington 7515 E.30th MSt. 2418 W. Coliseum Blvd. 20 W.Margaret Dr. 25734 State Road 2 1453 W 150 S Indianapolis,IN 46206 Fort Wayne, IN 46808 Terre Haute,IN 47802 South Bend,IN 46619 Washington,IN 47501 MacAllister Machinery Co., Inc. Ph:(317)860-4401 Ph: (260) 483-6469 Ph:(812)478-3155 Ph:(574)288-6622 Ph:(812)254-1712 Fax:(317)860-4433 Fax: (260) 471-0277 Fax:(812)478-9246 Fax:(574)288-0423 Fax:(812)254-7851 Please Remit Your Payment to: Lafayette Beech Grove Indy AG 500 Hine Dr. 5401 Elmwood Ave 8800 Brookville Rd MacAllister Machinery Co. Inc. Lafayette,IN 47905-7944 Indianapolis, IN 46203 Indianapolis, IN 46239 De t. 78731 Ph:(765)449-8191 Ph: (317) 788-4624 Ph: (317) 591-9100 p Fax:(765)449-7077 Fax: (317) 788-4677 Fax: (317) 591-9610 P.O. Box 78000 Detroit, MI 48278-0731 RENTAL INVOICE ' CITY OF CARMEVSTREET N.E. CORNER OF 146TH & TOWNE RD ' STREET DEPT CARMEL,IN 3400 W 131ST ST CARMEL IN 46074 ■ • •1 I 1:�I' i • •I • i • •' ISI- I I:Oi' •' Iii- •-•71- I I:�I- `I I• "6256001 12AUG2016 G 1174600 BMW CLASSIC 024 1 -X171'. Ci • i• • •- ___ - M62560 09AUG2016 :•■ar 71- 11-•I- Caterpillar CS56B L8H01124 CUSTOMER CONTACT: RON WILLIAMS TAX EXEMPTION LICENSE 0031201550020 EQUIPMENT RENTAL FROM 08/10/16 THRU 08/12/16 CATERPILLAR MODEL CS56B CS56B 1.0 ID NO: L8H1124 SERIAL NO: L8H01124 1,140.00 CUSTOMER RELEASED END OF DAY 8/11/16. SAS INVOICE REFLECTS A TWO DAY RENTAL FOR THE DATES ABOVE. THANK YOU. DXA NET 30 DUE 30 DAYS FROM INV DA The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7),60-250.5,60-300.5 and 60-741.5,if applicable. Late Charge Policy: Late charges of 18%perannum will be charge on all Please Pay amounts not paid within the terms stated above.In connection with any litigation , $1, 140.00 including appellate proceedings arising out of this Contract,the prevailing party This Amount shall be entitled to recover reasonable attorney's fees and costs. EMP-INV I01J.120151 CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310 visit our Web Site: www.MacA//ister.com MacAllister Power System Fort Wayne Terre Haute South Bend Washington 7515 E.30th St. 2418 W. Coliseum Blvd. 20 W.Margaret Dr. 25734 State Road 2 1453 W 150 S Indianapolis,IN 46206 FortWayne, IN 46808 Terre Haute,IN 47802 South Bend,IN 46619 Washington,IN 47501 MacAllister Machinery Co. , Inc. Ph:(317)860-4401 Ph: (260) 483-6469 Ph:(812)478-3155 Ph:(574)288-6622 Ph:(812)254-1712 Fax:(317)860-4433 Fax: (260) 471-0277 Fax:(812)478-9246 Fax:(574)288-0423 Fax:(812)254-7851 Please Remit Your Payment to: Lafayette Beech Grove Indy AG 500 Hine Dr. 5401 Elmwood Ave 8800 Brookville Rd MacAllister Machinery Co. Inc. Lafayette,IN 47905-7944 Indianapolis, IN 46203 Indianapolis, IN 46239 Dept. 78731 Ph:(765)449-8191 Ph: (317) 788-4624 Ph: (317) 591-9100 p Fax:(765)449-7077 Fax: (317) 788-4677 Fax: (317) 591-9610 P.O. BOX 78000 Detroit, MI 48278-0731 RENTAL INVOICE • CITY OF CARMEL/STREET N.E. CORNER OF 146TH & TOWNE RD ■ STREET DEPT CARMEL,IN 3400 W 131ST ST CARMEL IN 46074 "—M6255101 - 15AUG2016 —-—G--j-1-1-74600 —BMW-GL-ASSIG --- 024 —1-1— REFERENCE — - -71 71-71 « DOC.DATE FOB - M62551 09AUG2016 Caterpillar CS56B L8H00728 CUSTOMER CONTACT: RON WILLIAMS TAX EXEMPTION LICENSE 0031201550020 EQUIPMENT RENTAL FROM 08/10/16 THRU 08/12/16 CATERPILLAR MODEL CS56B CS56B 1.0 ID NO: L8H728 SERIAL NO: L8H00728 1,140.00 PIN: *CATCS56BHL8H00728* INVOICE REFLECTS A TWO DAY RENTAL FOR THE DATES ABOVE. THANK YOU. DXA NET 30 DUE 30 DAYS FROM INV DA The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7), 60-250.5,60-300.5 and 60-741.5,if applicable. Late Charge Policy: Late charges of 18%perannum will be charge on all Please Pay amounts not paid within the terms stated above.In connection with any litigation , $1,140.00 including appellate proceedings arising out of this Contract,the prevailing party This Amount shall be entitled to recover reasonable attorney's fees and costs. EMP-INV(01J.12015) VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) MACALLISTER MACHINERY CO INC ALLOWED 20 ACCOUNTS PAYABLE VOUCHER DEPT 78731 IN SUM OF$ CITY OF CARMEL PO BOX 78000 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service DETROIT, MI 48278-0731 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $1,536.00 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Street Department Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT M62551011 43-530.99 $768.00 1 hereby certify that the attached invoice(s),or 8/18/16 M62551011 $768.00 2201 201 2201 201 M62560011 43-530.99 $768.00 bill(s)is(are)true and correct and that the 8/18/16 M62560011 $768.00 2201 1 201 materials or services itemized thereon for 2201 201 . which charge is made were ordered and received except Tuesday,August 30,2016 Dave Huffman Director 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 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310 visit our Web Site: www.MacAiiister.com MacAllister Power System Fort Wayne Terre Haute South Bend Washington 7515 E.30th St. 2418 W. Coliseum Blvd. 20 W.Margaret Dr. 25734 State Road 2 1453 W 150 S Indianapolis,IN 46206 Fort Wayne, IN 46808 Terre Haute,IN 47802 South Bend,IN 46619 Washington,IN 47501 MacAllister Machinery Co., Inc. Ph:(317)860-4401 Ph: (260) 483-6469 Ph:(812)478-3155 Ph:(574)288-6622 Ph:(812)254-1712 Fax:(317)860-4433 Fax: (260) 471-0277 Fax:(812)478-9246 Fax:(574)288-0423 Fax:(812)254-7851 Please Remit Your Payment to: Lafayette Beech Grove Indy AG y 500 Hine Dr. 5401 Elmwood Ave 8800 Brookville Rd MacAllister Machinery Co. Inc. Lafayette,IN 47905-7944 Indianapolis, IN 46203 Indianapolis, IN 46239 Dept. 78731 Ph:(765)449-8191 Ph: (317) 788-4624 Ph: (317) 591-9100 p Fax:(765)449-7077 Fax: (317) 788-4677 Fax: (317) 591-9610 P.O. Box 78000 Detroit, MI 48278-0731 RENTAL INVOICE ' CITY OF CARMEL/STREET N.E. CORNER OF 146TH & TOWNE RD ■ STREET DEPT CARMEL,IN 3400 W 131ST ST CARMEL IN 46074 ■ • � i r�- ■ • � ■• ■ • v ��- I r.�- •, lel- •-■a�- i r.�• ti r• M62551011 18AUG2016 G 1174600 BMW CLASSIC 024 1- M62551 09AUG2016 Caterpillar CS56B L8H00728 CUSTOMER CONTACT: RON WILLIAMS TAX EXEMPTION LICENSE 0031201550020 EQUIPMENT RENTAL FROM 08/10/16 THRU 08/12/16 CATERPILLAR MODEL CS56B CS56B 1.0 ID NO: L8H728 SERIAL NO: L8H00728 PIN: *CATCS56BHL8H00728* BILLING TRANSPORT FROM MACALLISTER TO JOBSITE. 384.00 BILLING TRANSPORT FROM JOBSITE BACK TO MACALLISTER 384.00 THANK YOU. DXA NET 30 DUE 30 DAYS FROM INV DA The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7),60-250.5,60-300.5 and 60-741.5,if applicable. Late Charge Policy: Late charges of 18%perannum will be charge on all Please Pay amounts not paid within the terms stated above.In connection with any litigation , $768.00 including appellate proceedings arising out of this Contract,the prevailing party This Amount shall be entitled to recover reasonable attorney's fees and costs. EMP-INV 101JUI20151 CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310 visit our Web Site: www.MacAiiister.com MacAllisterE3 Power System Fort Wayne Terre Haute South Bend Washington 7515 E.30th St. 2418 W. Coliseum Blvd. 20 W.Margaret Dr. 25734 State Road 2 1453 W 150 S Indianapolis,IN 46206 FortWayne, IN 46808 Terre Haute,IN 47802 South Bend,IN 46619 Washington,IN 47501 MacAllister Machinery Co. , Inc. Ph (317)860-4401 Ph: (260) 483-6469 Ph:(812)478-3155 Ph:(574)288-6622 Ph:(B 12)254-1712 Fax:(317)860-4433 Fax: (260) 471-0277 Fax:(812)478-9246 Fax:(574)288-0423 Fax:(812)254-7851 Please Remit Your Payment to: Lafayette Beech Grove Indy AG 500 Hine Dr. 5401 Elmwood Ave 8800 Brookville Rd MacAllister Machinery Co. Inc. Lafayette,IN 47905-7944 Indianapolis, IN 46203 Indianapolis, IN 46239 Dept. 78731 Ph:(765)449-8191 Ph: (317) 788-4624 Ph: (317) 591-9100 p Fax:(765)449-7077 Fax: (317) 788-4677 Fax: (317) 591-9610 P.O. BOX 78000 Detroit, MI 48278-0731 RENTAL INVOICE • CITY OF CARMEL/STREET N.E. CORNER OF 146TH & TOWNE RD ■ STREET DEPT CARMEL,IN 3400 W 131ST ST CARMEL IN 46074 ■ • •1 I I:7I' ■ • M ■• ■ • •: 17i' 11:71' •: 171- •'.71' I 1:71' `I I• M62560011_ _ _ _ 18AUG2016_- ____G__ _ 1174600 _____-BMW_CLASSIC_— _ ____ . _ 024. __ __1__ - -71 71'71 •1 . .. .• .- - M62560 09AUG2016 r• . �..71 71- I r 71- Cater illar CS56B L8H01124 CUSTOMER CONTACT: RON WILLIAMS TAX EXEMPTION LICENSE 0031201550020 EQUIPMENT RENTAL FROM 08/10/16 THRU 08/12/16 CATERPILLAR MODEL CS56B CS56B 1.0 ID NO: LBH1124 SERIAL NO: L8H01124 BILLING TRANSPORT FROM MACALLISTER TO JOBSITE. 384.00 BILLING TRANSPORT FROM JOBSITE BACK TO MACALLISTER 384.00 THANK YOU. DXA NET 30 DUE 30 DAYS FROM INV DA The parties hereby incorporate the requirements of 41 C.F.R.Section 60-1.4(a)(7),60-250.5,60-300.5 and 60-741.5,if applicable. Late Charge Policy: Late charges of 18%perannum will be charge on all ' Please Pay amounts not paid within the terms stated above.In connection with any litigation , $768.00 including appellate proceedings arising out of this Contract,the prevailing party This Amount shall be entitled to recover reasonable attorney's fees and costs. EMP-INV(01Ju12015) VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) MAC ALLISTER ENGINE POWER ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 7575 E. 30TH STREET IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service INDIANAPOLIS, IN 46219 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $6,200.00 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Building Operations Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT R04026052403 43-509.00 $6,200.00 1 hereby certify that the attached invoice(s),or 7/12/16 R04026052403 $6,200.00 1208 101 1208 101 bill(s)is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Monday,August 22,2016 I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 ,20— Cost 20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer 7575 E. 30TH ST. AWAWAZfZ7M_ INDIANAPOLIS, IN 46219 317-860-4494 PV1§W5r ContM ...... . __ract No, . .,_ero c.No Date MacAllister Power System - 0260524 804026052403 12JUL2016 Page 1 Please Remit Your Payment to: MacAllister Machinery Co. Inc. Dept. 78731 3:31 PM P.O. Box 78000 DEMAND INV®ICE Detroit, MI 48278-0731 Date 16MAY2016 8:00 AM CITY OF CARMEL/UTILITIES DEP C/0 CARMEL ENERGY CTR •° °- - °- ONE CIVIC SQUARE CARMEL ENERGY CNTR JOHN DUFFY 317-571-2451 CARMEL, IN 46032 •° - • •- -- Phone: 317-571-2787 1 3RD AVENUE S.W., CARMEL, IN JOHN DUFFY Fax: 317-571-2789 CYCLE BILL 03021 Qty Equipment # Min Day Week 4 Week Amount — ^. q TON CIIILLE[2 �,..,,< ,. . 60�tD> D O_ .. .EPlbl?TC..3 Make .Yb13>£ Model Y(A1101O1HE46...ser.#. 2MRM0226 5 T.1 :.iR ,QO : . : ,: W.. 4 .1 ...... ..... 0 ....... . A . **MACHINE REQUIRES 225AMPS @ 480V 8 4" X 25' DISCHARGE 200.0 0 **PRICE IS PER HOSE** 4 4/AX5a CAMLOI<GABLE N 1 C I4 4; COUALNG CHLLLER HOSE 1 dT� . . : .:: N/C 4': 4..94A1fGLE:GHILLER:HQSE FIT ...... N/G ... 2 6" TO 4" CHILLER HOSE REDUCER N/C DELIVERY INSTRU.CTiON$:. P.O.C. JOHN DUFFY (317) 571-2451 ... ............................ ....BTLLEfk FOR 28:bAYS b113/16 TiRu .7/11llfx .OS.00,:Ae1..........: . .. ,.:.... `� �� .. . . ......... l . :.I. 1 .:::;:.;.:.: A�1G : 2 Z �6 .. .. ..;. : ��.�.....��.��..�.....,.....�'..::,.....�..,...,..�lI..................... .........�..........,........�.�..��..................... . ....... a.-I a .�.�.....�-.� ..... .."................---- :::: - -. ._ F :: .. ... ': 0 � ...l. m ...... .. .... .... .. Sub-total : 6200.00 L-------- Exempt If requested, our rate will be $125.00 per hour, based on normal 7:00 AM-4.00 PM workdays. Total : 6200.00 All overtime, expenses and travel required will be at additional costs. There is a $6.00 per gallon fuel charge for units returned with less than when delivered. Equipment will be delivered full, unless otherwise stated. Safety instructions are not included with the delivery or rental of equipment. DECLARE DAMAGE WAIVER Initial here: *If declined current insurance certificate must be on file with MacAllister Machinery. Initial here: Purchaser/Lessee upon failure to pay balance when due shall be liable for all expenses incurred in collection of said balance including but not limited to attorney's fees and court costs.It is agreed by the parties hereto that reasonable attorney's fees shall be one-third (1/3)of any amount owned by Purchaser/Lessee. Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as well as those set forth on the reverse hereof. ACCEPTED BY CUSTOMER EPPINV (22Je.2016) MASTER RENTAL.AGREEMENT TERMS AND PROViSiGidS I: MacAllister hereby agrees to lease to the named Lessee,meaning all lessees jointly and.severally,and Lessee hereby leases from MacAllister,.under and subject to the terms and provisions hereof until the end of the term specified(Term) the personal property described as"Equipment"rented together with all present and future attachments,replacement parts,repairs,and additions and all proceeds thereof. 2. It is understood between the parties that MacAllister is not the manufacturer of the equipment herein rented,nor the agent of the manufacturer of said equipment and that no warranty against patent or latent defects in material,workmanship,or capacity is given,nor that said equipment will meet the requirements of any law,rules,specifications or Contrasts which provide for specific machinery or apparatus or special methods,other than that of the original mnnufneturer of said equipment and as set forth is the manufacturer's catalog and representations wherein said machinery and equipment is listed and described.No representation or warranty is made as to the year of manufacture of any equipment.MACALLISTER HEREBY DISCLAIMS ANY AND ALL WARRANTY,IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR.PURPOSE. 3. MacAllister shall use reasonable care to see that the equipment isin proper working condition before shipment to lessee. MacAllister will not operate or test the equipment unless such operation or testis deemed necessary by MacAllister or unless Lessee shail request such operation or test in writing,in which event the Lessee will be notified of the time and place of such operation mid test,and shall be permitted to be present during said operation and test.If having requested it,Lessee fails to be present at the time of operation and test.Lessee agrees that said equipment as turned out is in proper operating condition. 4. The Lessee agrees to maintain the machinery and equipment in the same condition as when delivered to it by MacAllister,less normal wear and tear,and to pay all claims and damages to the equipment during the life of this contract,and to return said property in as good condition as when received by MacAllister,and to pay fteight demurrage,storage,switching,drayage,trackage,or other charges against said equipment from the time the same shall leave MacAllister up to and including the time of its return to MacAllister.MacAllister reserves the right to charge Lessee.for excessive undercarriage wear and tear. 5. For rubber tired equipment,Lessee acknowledges that repair and replacement of tires are not'included in the rental rate and agrees to pay for the repair or replacement(with an allowance for reasonable depreciati(in)of any tires returned to MacAllister in a damaged condition regardless of the cause of damage. Reasonable wear and tear is expected,however,it is agreed rubber abrasions(gouges,tears,cuts,grooving,and removal of rubber in pieces)or damage to castings is not reasonable wear and tear. 6.The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in good,safe and serviceable condition,and fit for use,unless Lessee makes claim to the contrary to MacAllister by registered mail with return receipt demanded,addressed to MacAllister's home office within three days after receipt of said equipment. The complaint shall set forth specificalty and in detail the complete nature and condition of the property received. 7. Should any of the machinery;equipment,or appurtenances be received by Lessee from any drayman,railroad company or any other carrier transporting same in a damaged condition,or with any of the machinery,equipment,pans or appurtenances missing,it shall be the duty of Lessee to obtain from said drayman,railroad company or other carrier a written acknowledgement of the damage or shortage. The failure on the part of Lessee to obtain such statement or acknowledgement upon its receipt and acceptance of said machinery,equipment,parts and appurtenances shall be treated as anacceptance of said machinery,equipment,pars and appurtenances in good,safe,serviceable.condition and fit for use.Any damage or loss which has occurred and is not covered by a written acknowledgement or statement as aforesaid,or which occurs after acceptance of said property,shall be repaired and replaced at the expense of Lessee. If the machinery;equipment,parts or appurtenances are damaged or lost in transportation and the Lessee furnishes to MacAllister a written detailed acknowledgement and statement from the carrier setting forth the character of damage and loss, MacAllister agrees to use reasonable diligence in having said damage repaired and loss replaced within a reasonable time,but the equipment shall be deemed to have been delivered on the date of acceptance thereof from the carrier.. 8. In the event of notice to MacAllister by Lessee that the equipment is not in good,safe and serviceable condition and fit for use upon its arrival,:MacAllister shall have the right to put said equipment in good,safe and serviceable condition and fit for use,within a reasonable time,or cancel this rental. h. 9.MacAllister shall not be liable in any event to the Lesseefor any loss,delay,or damageof any kind of character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof. 10. Lessee shall immediately notify MacAllister of any accident involving the equipment. MacAllister may repair said machinery for the Lessee,using reasonable diligence to make said repairs upon demand. In the event any work is done outside of MacAllister's regular hours,by reason of which MacAllister shall be required to pay double time or other overtime charges to its employees,or to anyone doing the work for Lessee,all such charges will be.paid by Lessee to MacAllister..In theevent of accident or breakage of any part of the equipment,and upon receiving written approval from MacAllister,Lessee may have the same repaired by any competent person,firm or corpomtion at its own expense or, upon notice to MacAllister as to such breakage or accident. 11. In the event Lessee accepts the machinery and equipment,as herein provided,and thereafter the said machinery proves defective or unfit for use,or if for arty reason Lessee desires to discontinue the use of said machinery or equipment, the only remedy of Lessee shall be to remm the machinery to MacAllister and terminate this contract as herein elsewhere provided,by paying all rental charges and other charges herein provided for. 12.Lessee agrees to pay any and all charges for work or inspection by any labor union. MacAllister may,at its option,refuse to do any repair work on the equipment in time of strike,or any cause beyond its control,or in violation of any role affecting the equipment MacAllister reserves the right to remove the equipment from thejob at anytime when,in its opinion,the equipment is in danger because of strike,war,civil disobedience,or any other condition which MacAllister determines may threaten the equipment. 13.-Lessee agreestocomply withandconform to all municipal,state and federal laws relating to the-operuicn of said machinery and to.pay all costs and expenses of evey character occasioned or involving the use or operation of the__ machinery or equipment,and to pay all legal assessments;taxes or public.charges which may be levied upon said equipment while in the possession of the Lessee. 14. Lessee agrees to pay MacAllister for all loss and damages occasioned by fire,theft,Rood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of thisrental,and until such machinery has been returned to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury thereto,it is agreed by the parties hereto that the value as herein before stated shall be a true and fast value forming a basis for such adjustment.When equipment leased is deemed to be a total loss,Lessee agrees to pay MacAllister the manufacturer's suggested price of the equipment. In making such adjustment it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the determination of whether the equipment is a total loss. 15. Lessee further agres to hold harmless and indemnify MacAllister from and against any and all loss,damage,expense,claim and/or penalty arising from any action on account of any injury to person or properly of any character whatsoever occasioned by the operation,handling or transportation of any of the equipment during the rental period,and agrees to indemnify MacAllister from and against any and all such claims regardless of whether such loss was caused in part by the act,omission or negligence of MacAllister. 16. Lessee further agrees to insure all equipment rented from MacAllister with full insurance coverage as required herein,insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to earthquake,flood or mudslide.MacAllister will provide Lessee at the commencement of the term of this Lease,and which shall be incorporated herein by reference,a separate document entitled"Equipment Rental Insurance Requirements' detailing the necessary coverages and terms thereof,but which terms shall at least contain,but not by way of limitation,provision for:1.)MacAllister as a'loss payee'and'additional insured'as applicable;2.)waiver of subrogation against MacAllister and its insurers on all claims;3.)Lessee's insurance shall be primary and non contributory;and,4.)Providing said insurance to cover any and all damage arising from any or all perils,including but not limited to damage occasioned by fire,theft,flood,explosion,accident,vandalism,electrocution,act of God or any other damage that may occur without limitation as to cause during the life of this rental. Lessee shall within one(I)day from the receipt of the. equipment provide to MacAllister proof of insurance relative to One equipment from a carrier and in amounts acceptable to MacAllister. The proof of insurance shall contain at least(I)a certificate of insurance(2)naming MacAllister as additional insured and loss payee,(3)clearly describing coveragefor the.equipment,and(4)disclosing the name,address and phone number of the company providing the coverage. 17.The title to the property herein rented and to all replacements thereof or substitution thereof is,and shall remain,with MacAllister,and said machinery and equipment shall not become a part of any building by being placed therein or by being annexed thereto. Where the equipment is annexed to any property the Lessee shall famish MacAllister with a landlord's release,which shall permit MacAllister to remove the equipment from said property at any time during the life of or after expiration of this contract. 18.The Lessee agrees,whenever requested by MacAllister,to give MacAllister the exact location of all of the machinery and equipment covered by this contract and further agrees to give MacAllister immediate notice ofany levy attempted upon said equipment,or if said equipment from any cause becomesliable to seizure,and to indemnify MacAllister against all loss and damages caused by any such action. MacAllister shall have the privilege at all times of entering any job. building or location where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any manner being abused or neglected. Lessee warrants that it has the express permission ofall land owners upon whose)and the equipment is used to so use the equipment. Lessee further warrants that it will not move the equipment from one project to another without MacAllister's advance approval,which notice of movement shall be in.writing. 19.This agreement cannot be assigned without the written consent of MacAllister.The equipment hereby rented shall act be sub-let without the written consent of MacAllister. 20. Should any of the provisions of this rental be violated by Lessee the rental for the entire period herein specified shall become forthwith due and payable and MacAllister,or its agents,may,without notice,enter the premises occupied by Lessee withoutbeing a trespasser thereon,and take possession of and remove said equipment with or without process of law. In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other charges herein specified,all costs of removal of said machinery from the possession of the Lessee and all freight,demurrage,storage,labor or other charge on or against said property incurred during the removal,shipping and return to the possession of MacAllister at its home office or equivalent point designated by MacAllister. 21.Lessee agrees to pay MacAllister all sums due hereunder when they become due. - 22. Lessee agrees that if any of these provisions are breached and MacAllister demands the return of the equipment this rental agreement shall constitute authority to the watchmen or other persons responsible for the equipment to deliver all or any part of the equipment to MacAllister or its agents. 23. In case any matter is written or typed into this printed contract other than such as is necessary to fill in blanks provided herein,such matters shall be deemed an addition to the contract and it is specifically understood and agreed that such added matter is not in manner whatsoever intended to alter the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed portions and the written or typed additions,the printed portions shall control any written or typed clause in conflict therewith and the latter shall be treated as void. 24. Both MacAllister and Lessee agree that no modifications of this agreement shall be binding upon MacAllister unless such modification,cancellation,addition thereto or notation shall be in writing duly signed by MacAllister and duly approved by an officer of MacAllister at the home office of MacAllister. 25.This rental before becoming effective must be approved by an Officer or other authorized representative of MacAllister. oR MacAllister may xc911h;.-file and simn Lessee's name to o financing statement or file a financing statement signed only by MacAllister covering equipment or goods delivered or to be delivered to Lessce under this agreement for "information purposes'or otherwise mrd also covering proceeds and future advances.This agreement constitutes a reservation ot tille orecurity Agreement with reference to such ransac ions, - - - --- -- - - -- -. 27.This agreement and acceptance of this agreement is subject to corrections for arithmetic errors in computation. 28.MacAllister reserves the right to replace a moral unit with a like,rental unit. 29. Lessee agrees to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep scheduled oil sample records, MacAllister reserves the right to ask for maintenance records for the rental period. Should said maintenance records not be available and factory recommended service maintenance is required MacAllister will perform the appropriate service work at the Lessee's expense. 30.MacAllister's rental machines will be fiOl of fuel when they leave MacAllister's premises. Lessee agrees to return said rental equipment fullof fuel or be charged with appropriate fuel backcharge. 31. RATES. Rates am based on one shift operation-8 hour/day,5 dayiweek or 40 hour/week,160 hour/4 week rental month. Unless quoted otherwise,hours used in excess of"one"shift(i.e.in excess of 8 hours per day or 40 hours per week or 160 hours per month)will result.in an additional shift rate being charged,and hours used in excess of a two shift operation(i.e.greater than 16 hours/day,80 houn!weck or 320 hours/month)shall result in yet an additional one shift rate being charged. - 32. Aggreeation Clause: The terms and conditions of this Master Rental Agreement shall coverall equipment,machinery and appurtenances)eased by Lessee from MacAllister both presently and in the future. it is the intent of MacAllister and Lessee that this Master Rental Agreement shall be construed as,and shall be,the only rental agreement between the parties,even though Lessee may hereafter execute additional Master Rental Agreements. For instance,if Lessee leases one piece ofequipment from MacAllister under this agreement in January,then another in May,both pieces of equipment shall be construed as having been leased under one agreement:this Master Rental Agreement. 33. Damage Waiter. Lessee specifically acknowledges that the payment of a fire,theft,or vandalism damage waiver with respect to any equipment leased from MacAllister does not satisfy Lessee's obligation to insure the equipment nor absolve Lessee of damage to the equipment caused by the negligence or carelessness of Lessee.The damage waiver does not insure Lessee from damage to the equipment.caused by I-essee,its agents,or others acting under Lessee's control or operation of the equipment with Lessee's active or constructive permission. 34. Jurisdiction:. The paries agree that any disputes arising hereunder shall be resolved in the courts of Marion County,Indiana,and Lessee specifically subjects itself to the jurisdiction thereof Further,Lessee agrees that in the event MacAllister is required to employee an attorney for the purpose of enforcing the terms and conditions hereof,or with respect to the collection of any amount due hereunder,MacAllister shall be entitled to recover its attorneys fees,cost.of collection,and all other reasonable expenses associated with such proceeding. 35. Accidents: Without demand Lessee shall notify Lessor immediately(and in any event,within twenty-four(24)hours thereafter)of cacti accident involving any equipment covered by this Master Rental Agreement. Lessee shall include such'information as is known,including,but not limited to the time,place,and nature of the accident or damage;the names and addresses of parties involved in the accident(s),including but not limited to persons injured,witnesses,and orvaers of property damaged. Lesseeshall promptly advise Lessor of all correspondence,papers,notices,or documents whatsoever,received by Lessee in connection with any claim or demand involving or relating to any equipment or its operation and,together with Lessee's employees aid in the investigation and defense of all such claims and demands,.and in the recovery of damages from third parties liable therefore. 36. Rental Protectign Plan: This paragraph is in force provided Lesseea)accepts the"Rental Protection Plan"through the proper indication thereof on the from of this contract,and pays at the time of equipment rental,or any extension of said equipment rental,an additional sum equal to 14 percent of the gross equipment rental charges;b)Lessee takes reasonable precautions to protect equipment and does not intentionally damage said equipment;c)Lessee does not cause any toss or damage by negligence,including but not limited to negligent use or operation of the equipment in a reckless or abusive manner.Notwithstanding the purchase of a Rental Protection Plan,Lessee shall nonetheless remain liable for a)25. percent of the manufacturer's list price notto exceed$25,000 for stolen equipment and b)50 percent of the cost of repairs of any damaged equipment. Nothing herein to the contrary,the following risks are expressly assumed by Lessee as its exclusive responsibility. a)Damages caused by use or operation of the equipment in a manner inconsistent with the manufacturer's instructions,or contrary to this contract;b)Loss or damage of accessory equipment such as welding leads, electric cords,bits,batteries,hoses,tires,tubes or harnesses,etc.;c)Loss due to operation of the equipment by a person other than.an authorized operator per the contact or any dishonest act by Lessee or by person(s)enmrsted by Lessee with the equipment,including Lessee's employees,subcontractors or agents;d)Loss of damage due to flood,storm,earthquake.or other external causes:e)Loss or damage due to exceeding rated capacity,misuse,abuse,negligence,or improper servicing of equipment;f)Seizure or destruction of equipment by order of governmental authority;g)All loss or damage caused by vandalism,malicious mischief,disappearance,theft or wrongful conversion of equipment not reported by Lessee promptly(within 24 hours)to the police and Lessor by fttinga formal written theft,vandalism or conversion report;h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any other cause;i)Loss or damage as a result of the striking of overhead objects with equipment;j)Loss or damage to equipment occurring during the loading,unloading or transportation by Lessee;k)Loss due to the equipment being upset or rolling over;m)Loss or damage to equipment due to the exposure and contamination from hazardous material. This rental protection plan will not be effective.unless at the time of such loss or damage the Lessee's account with Lessor is current. In any event,accrued rental charges cannot he applied against the purchase,or the cost of repair,of damaged,stolen or lost equipment..In the event of any toss,damage or destruction to equipment,Lessor will be subrogated to any rights of Lessee to recover against any person,firm or corporation. Lessee will execute and deliver to Lessor whatever instruments and papers are required,and take all other necessary steps to secure in Lessor such rights. Lessee will cooperate fully with Lessor and/or its insurcr(s)in the prosecution of those rights and will neither take nor permit nor suffer any action to prejudice Lessor's or its insures s rights with respect thereto. The rental oroteetion plan is not insurance and does not omtect Lessee from its negligence nor from liability to others arising out of possession,use or operation of eauipment. 09!09