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Home My WebLink About303529 09/26/16 1y e!..44gyf i CITY OF CARMEL, INDIANA VENDOR: 354867 a;• ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $*******770.44* r as CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK NUMBER: 303529 CARMEL IN 46032 CHECK DATE: 09/26/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4353099 390489B-1 528.00 OTHER RENTAL & LEASES 2201 4237000 395504-1 26.85 REPAIR PARTS 2201 4353099 399438-1 528.00 OTHER RENTAL & LEASES 2201 4353099 400122-1 165.00 OTHER RENTAL & LEASES 1120 4353099 400358-1 220.00 OTHER RENTAL & LEASES 2201 4353099 400412-1 82.50 OTHER RENTAL & LEASES 2201 4231100 400419-1 48.36 BOTTLED GAS 2201 4236400 401089-1 47.52 PAINT 2201 4237000 401992-1 10.00 REPAIR PARTS 2201 4237000 402071-1 45.00 REPAIR PARTS 651 5023990 402224-1 48.36 OTHER EXPENSES 2201 4231100 402427-1 48.36 BOTTLED GAS 2200 4239099 402469-1 11.99, OTHER MISCELLANOUS 2201 4353099 C3860 —528.00 OTHER RENTAL & LEASES 2201 4353099 C3861 —511.50 OTHER RENTAL & LEASES VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) RUNYON EQUIPMENT RENTAL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 410 W CARMEL DRIVE IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. Gql$3K8 dA Payee Purchase Order# ON ACCOUNT OF APPROPRIATION FOR 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 390489-1 43-530.99 SD-eQ7/5/16 390489-1 $0.00 �� I hereby certify that the attached invoice(s),or 2201 201 `�"' 2201 201 390489A-1 43-530.99 $0.00 bill(s)is(are)true and correct and that the 8/1/16 390489A-1 $0.00 2201 1 201 materials or services itemized thereon for 2201 201 3904896-1 43-530.99 $0.00 8/29/16 39048913-1 $0.00 2201 201 which charge is made were ordered and 2201 201 3904896-1 43-530.99 $528.00 received except 8/29/16 39048913-1 $528.00 2201 201 2201 201 c3860 43-530.99 ($528.00) 8/31/16 c3860 ($528.00) 2201 201 2201 201 c3861 43-530.99 ($511.50) 8/31/16 c3861 ($511.50) 2201 201 2201 201 390489C-1 43-530.99 $0.00 8/31/16 390489C-1 $0.00 2201 201 Monday, September 12,2016 2201 201 400122-1 43-530.99 $165.00 9/1/16 400122-1 $165.00 2201 201 2201 201 400412-1 43-530.99 $82.50 ��/// �•�••`/ 9/2/16 400412-1 $82.50 2201 201 Dave Huffman 2201 201 400919-1 42-311.00 $48.36 Director 9/7/16 400919-1 $48.36 2201 1 201 1 2201 201 401089-1 42-364.00 $47.52 9/8/16 401089-1 $47.52 2201 201 2201 201 I hereby certify that the attached invoice(s),or bill(s),is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 , 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) RUNYON EQUIPMENT RENTAL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 410 W CARMEL DRIVE IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. 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 399438-1 43-530.99 $528.00 9/9/16 399438-1 $528.00 2201 201 2201 201 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 Psulyy0ly410 West Carmel Drive Status: Completed Invoice#: 390489-1 ,qUIpMF 'r4T VeNTAL Carmel,IN 46032 Invoice Date: Tue 7/5/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Tue 6/21/2016 10:01AM 317-566-8888 Phone "Don't be a foot-Root one" 317-566-2990 Fax CcOperator: Liz Bowen customer#: 1384 CARMEL STREET DEPARTMENT 317-733-2001 Phone Terms: On Account 317-733-2006 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:TABAK,TRAVIS MITCHELL Salesman: NONE City Key Items Rented Set# Status Returned Date Price 1 3261-1 VACUUM HOSE Returned Tue 7/1912016 10:01AM $15.00 Iday$15.00 lweek$60.00 4weeks$180.00 1 3243#0004 DRYWALL SANDER VACUUM 550987 Returned Tue 7/19/2016 SAOPM $25.00 lday$25.00 lweek$100,00 4weeks$300.00 Qty Key Items Sold Part# Status Each Price 1 039404781215-1 SAG VACUUM FOR PORTER CABLE 039404781215 Pulled $7.591 $7.59 Open Seven Days a Week Payments made on this contract: Rental/Sale Paid $563.09 Thu 8/4/2016 1:26PM Check#301132 Rental/Sale Paid ($511.50) Wed 8/31/2016 4:32PM Account Credit 390489 Total $51.59 Rental Contract R You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) ental: $40.00 ISIARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(c)use of alternative Damage Waiver: $4.00 fuels(e.g.Biodiesel,E85,etc.)in Rented Item(s)is prohibited and you are responsible for all damages and repairs resulting from Sales: $7.59 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 Itern(s)have been returned;and(a)labor rate is charged at$85.00 per hour. X-(initial) I have been instructed and demonstrated an 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 rovers all damage to or loss of Equipment)and am declining the Subtotal: $51.59 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 Us obligations arising under this Contract. Printed Name: Total: $51.69 Signature: Paid: $61.69 TABAK,TRAVIS MITCHELL Amount Due: $0.00 RU NYON Status: Completed 410 West Carmel Drive Invoice#: 390489A-1 EQUIPMENT Iz� t Carmel,IN 46032 Invoice Date: Mon 8/1/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Tue 7/19/2016 10:01AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Liz Bowen 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:TABAK,TRAVIS MITCHELL Salesman: NONE Qty Key Items Rented Ser# Status Returned Date Price 1 3261-1 VACUUM HOSE Billed To Tue 8/16/2016 10:01 AM $0.00 1 3243#0004 DRYWALL SANDER VACUUM 550987 Billed To Tue 8/16/2016 10:01 AM $0.00 Open Seven Days a Week Payments made on this contract: Rental/Sale Paid $528.00 Mon 8/29/2016 1:06PM Check#302251 Rental/Sale Paid ($528.00) Wed 8/31/2016 4:31 PM Account Credit 390489A Total $0.00 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 Items)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 Equipment Protection Plan(Damage Waiver)as described on the back of this Con(ract.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: Total: $0.00 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $0.00 RU NYONStatus: Completed 410 West Carmel Drive Invoice#: 39048913-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Mon 8/29/2016 www.runyonrental.com Date Out: Tue 8/16/2016 10:01AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Liz Bowen 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:TABAK,TRAVIS MITCHELL Salesman: NONE Qty Key Items Rented Ser# Status Returned Date Price 1 3261-1 VACUUM HOSE Billed To Tue 9/13/2016 10:01AM $0.00 1 3243#0004 DRYWALL SANDER VACUUM 550987 Billed To Tue 9/13/2016 10:01AM $0.00 Open Seven Days a Week 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.8iodiesel,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) have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the 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: Total: $0.00 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $0.00 11111111111111111111111111111 Page 1 of 1 RU NYON Status: Closed 410 West Carmel Drive Invoice#: 39048913-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Mon 8/29/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Tue 8/16/2016 10:01AM 317-566-8888 Phone "Don't be a fool-Rent one" 317-566-2990 Fax Operator: JACK RUNYON 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:TABAK,TRAVIS MITCHELL Salesman: NONE Qty Key Items Billed To Status Each Price 1 3261-1 VACUUM HOSE Tue 9/13/2016 10:01AM Billed To $180.00 $180.00 /day$15.00 lweek$60.00 4weeks$180.00 1 3243#0004 DRYWALL SANDER VACUUM Tue 9/13/2016 10:01 AM Billed To $300.00 $300.00 lday$25.00 lweek$100.00 4weeks$300.00 Thank You for your Business Rental Contract Rental: $480.00 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: $48.00 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 Items)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: $528.00 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: Total: $528.00 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $528.00 RU NYON Status: Completed 410 West Carmel Drive Invoice#: 390489C-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Wed 8/31/2016 www.runyonrental.com Date Out: Tue 9/13/2016 10:01AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Liz Bowen (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:TABAK,TRAVIS MITCHELL Salesman: NONE Qty Key Items Rented Ser# Status Returned Date Price 1 3261-1 VACUUM HOSE Returned Wed 8/31/2016 4:30PM $0.00 1 3243#0004 DRYWALL SANDER VACUUM 550987 Returned Wed 8/31/2016 4:30PM $0.00 Open Seven Days a Week 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) WARE 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 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 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: Total: $0.00 Paid: $0.00 Signature: TABAK,TRAVIS MITCHELL Amount Due: $0.00 RUNYON Status: Credit 410 West Carmel Drive Invoice#: c3860 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Wed 8/31/2016 www.runyonrental.com Will Call: Wed 8/31/2016 12:OOAM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Liz Bowen customer#: 13ea Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET Job Descr: Credit on Account from contract#390489A-1 CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Optional Items Optional Items:Please contact customer service for more information. Optional Items:Please contact customer service for more information. Open Seven Days a Week Payments made on this contract: Rental/Sale Paid $528.00 Wed 8/31/2016 4:31 PM Account Credit 390489A Total $528.00 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 double-insulated safety-approved tools),and you are responsible for not culling 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 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: Total: $0.00 Paid: $528.00 Signature: CARMEL STREET DEPARTMENT Amount Due: ($528.00) RU NYONStatus: Credit 410 West Carmel Drive Invoice#: c3861 EQUIPMENT iZENTAL Carmel,IN 46032 Invoice Date: Wed 8/31/2016 www.runyonrental.com Will Call: Wed 8/31/2016 12:OOAM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Liz Bowen Customer#: 1384 Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2005 Fax 3400 WEST 131ST STREET Job Descr: Credit on Account from contract#390489-1 CARMEL,IN 46074 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Optional Items Optional Items:Please contact customer service for more information. Optional Items:Please contact customer service for more information. Open Seven Days a Week Payments made on this contract: Rental/Sale Paid $511.50 Wed 8/31/2016 4:32PM Account Credit 390489 Total $511.50 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 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 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: Total: $0.00 Paid: $511.50 Signature: CARMEL STREET DEPARTMENT Amount Due: ($511.50) IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of.1 RU NYON 410 West Carmel Drive Status: Closed Invoice#: 400122-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Thu 9/1/2016 www.runyonrental.com Date Out: Wed 8/31/2016 1:25PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff 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: HENDERSON, BRAD Salesman: NONE Qty Key Items Returned Date Status Each Price 1 8918#0021 TRAILER 69"X137''10,000 CAP Thu 911/2016 2:36PM Returned $150.00 $150.00 4Hrs$65.00 lday$75.00 1week$300.00 4weeks$900.00 Trailers and Towing.You are responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in your possession.You agree not to tow any trailer rented from Runyon(a)in a careless or negligent manner,(b)at excessive speed,or(c)while under the influence of medication,alcohol,or illicit drugs. Thank You for your Business Rental Contract Rental: $150.00 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: $15.00 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 safely-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: $165.00 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: Total: $165.00 Paid: $0.00 Signature: HENDERSON,BRAD Amount Due: $165.00 11111111111111111111111111111 IN Page 1 of RU NYON 410 West Carmel Drive Status: Closed Invoice#: 400412-1 £QUI?M£NT RENTAL Carmel,IN 46032 Invoice Date: Fri 9/2/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 9/2/2016 11:09AM 317-566-8888 Phone "Don't he a fool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff Customerm 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 Returned Date Status Each Price 1 5022#0003 SOD CUTTER 18" Fri 9/2/2016 3:51 PM Returned $75.00 $75.00 2Hrs$38.00 +1Hrs$16.00 tday$75.00 lweek$375.00 4weeks$1,125.00 Thank You for your Business Rental Contract Rental: $75.00 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: $7.50 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: $82.50 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: Total: $82.50 Paid: $0.00 Signature: DAVIS,JOSHUA ALAN Amount Due: $82.50 IIIIII VIII VIII IIID VIII VIII IIII IIII Page 1 of 1 RU NYON 410 West Carmel Drive Status: Closed Invoice#: 400919-1 6QUI?MENT RF-NTAL Carmel,IN 46032 Invoice Date: Wed 9/7/2016 www.runyonrental.com Date Out: Wed 9/7/2016 8:51AM 1-800-276-Tool(8665) 317-566-8888 Phone 'Don't be a fool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff 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: BROWNING,TIMOTHY D Salesman: NONE Qty Key Items Returned Date Status Each Price 1 103-1 PROPANE 60 POUND REFILL Pulled $48.36 $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 Sales: $48.36 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) 1 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 Conlract.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: Total: $48.36 Paid: $0.00 Signature: BROWNING,TIMOTHY D Amount Due: $48.36 11111111111111111111111111111 IN Page 1 of 1 tf..\ RU NYON 410 West Carmel Drive Status: Closed Invoice#: 401089-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Thu 9/8/2016 1-800-276-Too1(8665) www.runyonrental.com Date Out: Thu 9/8/2016 9:14AM 317-566-8888 Phone "Don'f be a tool-Rent one" 317-566-2990 Fax Operator: ODESSA TYNAN 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: KILLEN,TERRY C Salesman: NONE Qty Key Items Returned Date Status Each Price 12 043281002028-1 PAINT MARKING PINK 20 OZ SEY Pulled $3.96 $47.52 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 Sales: $47.52 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: $47.52 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: Total: $47.52 Paid: $0.00 Signature: KILLEN,TERRY C Amount Due: $47.52 IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 RU NYON 410 West Carmel Drive Status: Closed Invoice#: 399438-1 £QUIPM£NT RENTAL Carmel,IN 46032 Invoice Date: Fri 9/9/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 8/26/2016 9:34AM 317-566-8888 Phone "Do"'ll be stool-Ren+one" 317-566-2990 Fax , Operator: JACK RUNYON 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: BROWNING,TIMOTHY D Salesman: NONE Qty Key Items Billed To Status Each Price 4 5410-1 SIGN ROAD CLOSED Fri 9/23/2016 9:34AM Billed To $120.00 $480.00 lday$10.00 lweek$40.00 4weeks$120.00 Thank You for your Business Rental Contract Rental: $480.00 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: $48.00 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: $528.00 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: Total: $528.00 Paid: $0.00 Signature: BROWNING,TIMOTHY D Amount Due: $528.00 •.r r•..r..v. urri.v,r..r.u��,vu veY.neYa�L Vv,rL rr11L1Y LVf1u11Y41/VIYLVMVIIYV LV VIr IrIGltl 1. IIIIIIII�IIIIIIIIIIIIIIIIII IIII�III�II Page 1 of 1 RU MYON Status: Closed 410 West Carmel Drive Invoice M 400919-1 £gUIPM£NT RENTAL Carmel, IN 46032 Invoice Date: Wed 9/7/2016 1-800-276-Tool(8665) wwwf.runyonrental.com Date Out: Wed 9/7/2016 8:51AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff us omer 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: BROWNING, TIMOTHY D Salesman: NONE - ---- Qty Key Items Returned Date Status Each Price 1 103-1 PROPANE 60 POUND REFILL Pulled $48.361 $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 Safes: $48.36 alternative fuel;(d)no electrical tools ere supplied v;;t` oef- ;rounded 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) 48.36 I have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $ 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: Total: $48.36 y� Z� r Paid: $0.00 Signature: � BROIVNG,TIMOTHY D 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"face"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.runyonsudaceprep.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 Items)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 behag,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)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 Wthem 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)(f)has been carefully selected,examined,counted and tested by EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND you;(ii)is in goad 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); (N)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 Gen,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 1h)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 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIII Page 1 of 1 Status: Closed R U NYON 410 West Carmel Drive Invoice#: 401089-1 1C17\ EQUIPMENT {-ENTAL Carmel, IN 46032 Invoice Date: Thu 9/8/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Thu 9/8/2016 9:14AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: ODESSA TYNAN us omer 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: KILLEN, TERRY C Salesman: NONE Qty Key Items Returned Date Status Each Price 12 043281002028-1 PAINT MARKING PINK 20 OZ SEY Pulled $3.961 $47.52 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 Sales: $47.52 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: $47.52 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: '`notal: $47.52 Paid: $0.00 Signature: KILLEN,TERRY C Amount Due: $47.52 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:/hvww.runyonsurfaceprep.com/sites/www.runyonsurfaceprep.com/files/DamagE_Waiv6r.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://vmw.runyonrental.com/sites/www.runyonrental.com/files/DamagE_Waiver.pdt. 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)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)ISIARE 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 goad 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, hem(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 ouou;(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-ftem(s)-if it/they malfunctions)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 attomeys'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 Gen,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 Ys)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 iury 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 Lability 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 VVC Anr IVv1 ncorwimaiDLr rvm UAmAUC UVIVC YVnr-14 LUAUIM71 UIVLUAUIIVU tUU1r1VltN I. I��I��IIID II IIII II��I IIIII IIII I��I Page 1 of 1 Status: Open fW•R(�NYON 410 West Carmel Drive Contract M 399438-1 egU1PMENT RENTAL Carmel, IN 46032 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 8/26/2016 9:34AM 317-566-8888 Phone 'Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff ustomer 3 4—� 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: BROWNING, TIMOTHY D Salesman: NONE Qty Key Items Agreed Return Date Status Each Price 4 5410-1 SIGN ROAD CLOSED Sat 8/27/2016 9:34AM Out $10.00 1day$10.00 lweek$40.00 4weeks$120.00 Open Seven Days a Week 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 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 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: Signature: BROWNING,TIMOTHY D 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"face"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 rale(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 andaccepted 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_Walver.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/ynww.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 Itern(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)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, 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-arra 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 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 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(10)days old,reflecting an annual percentage rate of eighteen(18)percent.You agree to pay loss,will pay replacement cost of the Rented Items)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 Wry 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 I UNLOADING EQUIPMENT. 1111111111111111111111111111 Page 1 of 1 410 West Carmel Drive Status: Open R U NON Contract#: 399438-1 EQUIFMr;NT RENTAL Carmel, IN 46032 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 8/26/2016 9:34AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff ustomer s�� Terms: On Account CARMEL STREET DEPARTMENT 317-733-2001 Phone 317-733-2006 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: BROWNING, TIMOTHY D Salesman: NONE~--- — ---- - - - - -- —---- _ —_-` - - - Qty Key Items Agreed Return Date Status Each Price 4 5410-1 SIGN ROAD CLOSED Sat 8/27/2016 9:34AM Out $10.00 lday$10.00 lweek$40.00 4weeks$120.00 Open Seven Days a Week 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 Itern(s)is prohibited aria 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 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: Signature: BROWNING,TIMOTHY D 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,"tis'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'Pace'of this Contract;(d)'Rented us at the end of the Term;and(d)for Rented Ilem(s)damaged or destroyed as a direct or indirect result of:(i) Ilem(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 Ilem(s);(ii)vandalism and/or Out(as specified on Page 1)to the Agreed Return Dale(as specified on Page 1).You hereby agree to rent Irom malicious mischief,(ii)use of alcohol or drugs;and/or(iv)use of any Rented Item in violation of any law or policy us the Rented Ilem(s)for the Term and agree to pay Runyon our staled rental rale(s)('Reny,together wilh 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 Dale,you will continue to actions necessary to assist us in recovering from your insurer for all damages covered by[his LEPP. pay us Rent until the Rented Item(s)islare 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.runyonsudaceprep.com/sites/www.runyonsurfaceprep.comifiles/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 hltp://www.runyonrentaLcom/sites/www.runyonrentaLcomlfile/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 Ilem(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 safety and in accordance with the"Instructions' notice or liability to you other than as required under applicable law:(i)terminate this Contract;(o)seek relief identified in Section(5),only at the address set forth on Page 1(the'Site'),in lull compliance with all applicable from any automatic slay,(ii)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 Ilem(s);or(b)lake possession of or exercise control over any of the direct, indirect, incidental and consequential damages,costs and expenses (including without limitation,lost Rented Ilem(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 Ilem(s), Only you and your authorized employees may use the Rented Item(s). WITHOUT NOTICE, without interference from you,WITHOUT PROCESS OF LAW, and wilhout us or our (3)Delivery/Retrieval.11 we agree to deliver and/or retrieve any Rented Ilem(s),you will pay our regular agents being liable for property damage, trespass, lorcible 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 andtor 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 Ilem(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 Ilem(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 Ilem(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 Ilem(s)and return i1/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(585.00)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, Ilem(s), unless you thereupon reject iUlhem), 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,_fCEM(S)-(INCLUDING WITHOUT LIMITATION,-ANY-AND ALL COSTS ASSOCIATED WITH-REPAIRING user manuals and other information,if any(including all trainirig required under applicable EPA.OSHA and/or AND/OR REPLACING THE SAME), EVEN IF ARISING FROM OR IN CONNECTION WITH OUR ANSI Standards,it 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); a will fully comply therewith;(ii)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 itshheir 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(v)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 tsll not repair or have anyone else repair any Rented Item agreement between you and Runyon.This Agreement supersedes all other agreements and represenialions Failure to timely notify us may result in your being charged the entire Rent. We may(al 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'lees 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 lazes,lines,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 Ilem(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)Ownershlp.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 farce and effect.Time is of the essence.There are no third. Rented Ilem(s)is to use ittlhem in full compliance with this Contract during the rental term.You will protect the party beneficiaries to[his Contract.Runyon may inspect the Rented Item(s)at any time without notice or fiabi[ily Rented Ilem(s)at all times(including locking and guarding them when not in use)and will not permit the taking of to you.Runyon may lila of public record one or more UCC-1 Financing Statements to reflect its interest in the any Iien,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 arty'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}vhilo the Rented Item(s)are out---amounts-due hereunder will-bear-interest at-the-ratepfcmLFard-One`7faffJ1T1(percent permonlh added to of our possession.If the Rented[tem(s)is/are stolen or damaged,you will pay Est for parts,labor or,if a total accounts over len(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[he maximum lawful charge for any debil 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 Ilem(s)identified on Page 1,but also to all general liability Insurance covering all operations and contractual obligations with minimum limits of S1,000,000 other items you rent from Runyon at any lime(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 Ilem(s)for the lull 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 51,000,000 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:()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 hereol. This waiver pertains to all disputes that may relate to the subject matter hereof, including,without above coverages specifying that[hey 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.II we have offered and you have purchased the OPTIONAL acknowledges[hal he/she(t has had a reasonable opportunity to discuss this waiver and its effects with legal LEPP (itemized on Page 1 it 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 vvr An[IVU I nrarulvaloL c run UAIVIAUC UUIVC WIMCIV LUAUINU/UNLUAUINU tUUIYIVItN I. . I IIIIII VIII VIII VIII IIT ILII IIII IIII Page 1 of 1 tts: en RU NYON 410 West Carmel Drive C,Sontract#: Do 22-1 EQUIPMENT RENTAL Carmel, IN 46032 1-800-276-Tool(8665) www.runyonrental.com Date Out: Wed 8/31/2016 1:25PM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff us omer 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: HENDERSON, BRAD Salesman: NONE Qty Key Items Agreed Return Date Status Each Price 1 8918 TRAILER 69"X137"10,000 CAP Thu 9/1/2016 1:25PM Out $75.00 4Hrs$65.00 1day$75.00 1week$300.00 4weeks$900.00 DO NOT EXCEED 55 MPH WHILE TOWING TRAILER X 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 DO NOT LEAVE STATE WITH TRAILER X Open Seven Days a Week 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 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 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: Signature: HENDERSON, BRAD 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 Were 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 accented 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.runyonsudaceprep.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 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 Providersj 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 Retum.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 Y 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, 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"Malfunctionj 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 Vou 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 iUthem 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 %)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 bV 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 vvF AnG IYUI nGorVlYo1ULG rVn LimimUG UVIYC VYnF_N LVNU11YU1 UNW14yum l rVuir1vIC14 1. ` IIIIIIIIIIIIIIIIII II I IILIIIIIIIIII Page 1 of 1 R 410 West Carmel Drive Status: Open U NYO N Contract#: 400122-1 EgUIPMENT RENTAL Carmel, IN 46032 1-800-276-Tool(8665) www.runyonrental.com Date Out: Wed 8/31/2016 1:25PM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff us omer a 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: HENDERSON, BRAD Salesman: NONE Qty Key Items Agreed Return Date Status Each Price 1 8918 TRAILER 5'9"X137"10,000 CAP Thu 9/112016 1:25PM Out $75.00 4Hrs$65.00 1day$75.00 1week$300.00 4weeks$900.00 DO NOT EXCEED 55 MPH WHILE TOWING TRAILER X CUSTOMER IS TOTALLY LIABLE FOR TIRE REPAIR,PLEASE CHECK TIRES PRIOR TO LEAVING LOT EQUIPMENT IS FOR LOCAL RENTAL ONLY 25 MILE RADIUS FROM OUR STORE YOU ARE RESPONSIBLE FOR RETURN AND/OR RECOVERY X DO NOT LEAVE STATE WITH TRAILER X Open Seven Days a Week 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 ir.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 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: Signature: HENDERSON, BRAD 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;grass 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.runyonsudaceprep.com/sites/www.runyonsurfaceprep.com/files/Damage_Walver.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://wviw.runyonrental.com/sites/www.runyonrental.conVfiles/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) DefaultlRemedies. 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)WAIVER/]NDEMNITY.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 iUthem 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 ft/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, 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 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 1h)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 iury 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,tart,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 Wt Aht NU I htSYUNb1bLt 1-UFI UAIVIAUL UUNt VVHtN LUAUINU/UNLUAUINU tUUIYIVICN.I., 111111111111111111111111 IN Page 1 of 1 410 West Carmel Drive Status: Open RU NYON Contract#: 400412-1 EQUIPMENT 96NTAL Carmel, IN 46032 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 9/2/2016 11:09AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff us omer4: 13Terms: 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 I Key Items Agreed Return Date Status Each Price 1 11,112Hrs$38.00 SOD CUTTER 18" Sat 9/3/2016 11:09AM Out $75.00 +1Hrs$16.00 lday$75.00 lweek$375.00 4weeks$1,125.00 Open Seven Days a Week 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 Items)is prohibited and you are resocnsible for all damages and repairs resulting from alternative fuel;(d)no electrical tools are supplied with aafety 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 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: Signature: DAVIS,JOSHUA ALAN 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"face"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's,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 6v 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)Ware 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.runyonsudaceprep.conVsiteslwww.runyonsudaceprep.com/files/Damage_Walver.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/file 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)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 holo 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, 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(incA luding all training required under applicable EPA,OSHA andtor -AND/OR_REPLACING THE SAME),-EVEN IF ARISING- FROM-OR IN CONNECTION WITH OUR ANSI Standards,it any)regarding the proper and sate transportation,installation,use,maintenance and storageNEGLIGENCE. 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)it it/they malfunction(s)or appear(s)defective(a"Malfunction')and notify Runyon immediately;and(A)will rause 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 Hen,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 Items)are out 7 amounts due hereunder will bear interest at the rate of one and one half(1 Ys)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.Yob 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. 111111111111111111111111 IN Page 1 of 1 Status: Closed RU NYON 410 West Carmel Drive Invoice#: 400412-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Fri 9/2/2016 1-800-276-Tool(8665) www,runyonrental.com Date Out: Fri 9/2/2016 11:09AM 317-566-.8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff ustomer 3 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 Returned Date Status Each Price 1 5022#0003 SOD CUTTER 18" Fri S:'2/2016 3:51 PM Returned $75.00 $75.00 2Hrs$38.00 +1Hr6$16.00 lday$75.00 lweek$375.00 4weeks$1,125.00 Thank You for your Business Rental Contract Rental: $75.00 You understand that:(a)it is unauthorized for me to lend the Rented Item(s)to any other person;(b)THE RENTED ITEM(S) Damage Waiver: $7.50 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 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) 1 have provided Runyon with proof of insurance(insurance that covers all damage to or loss of Equipment)and am declining the Subtotal: $82.50 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: Total: $82.50 Paid: $o.00 Lure:nal DAVIS,JOSHUA ALAN Amount Due: $82.50 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. 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,"'eve,""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)('Reno,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 Items)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.runyonsudaceprep.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_Walver.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 periods)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 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 carefullV selected,examined,counted and tested by EMPLOYEES, INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND vou;(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 appkable:EPA_OSHA anc&—.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's 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 iUthem 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 odor 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(10)days old,reflecting an annual percentage rale 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 agrt,�ant 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, whethee:odginal, 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 waiv6s 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 (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 ri 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 an 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$5,000.00 of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN\ covered costs(the"Coverage Limit'),subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMI) y in our"Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated , 9 VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995) RUNYON EQUIPMENT RENTAL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 410 W CARMEL DRIVE IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $11.99 Payee ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Enaineerina 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 402469-1 42-390.99 $11.99 1 hereby certify that the attached invoice(s),or 9/19/16 402469-1 Cable ties $11.99 2200 201 2200 201 bill(s)is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Tuesday, September 20,2016 I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer •• ^••�.•�. ...-�+.vn.n+��,vn unrin.a�uwwc vvri"i L-mmwivu/um umunmu auulrivicly 1. 111111111111111111111111111111111 Page 1 of 1 RUNYONStatus: Closed 410 West Carmel Drive Invoice M 402469-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Mon 9/19/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Mon 9/19/2016 12:07PM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: Dave G Chernoff ustomer .�S$—� Terms: On Account CITY OF CARMEL 317-571-2448 Phone 317-571-2409 Fax ONE CIVIC SQUARE CARMEL, IN 46032 PO M ENGINEERING DEPT Open Monday-Friday 7:00am-5:30pm, Saturday 7:00am-4:30pm, Sunday 9:00am-3:00pm Picked up by: JOSH KIRSH Salesman: NONE Qty Key Items Returned Date Status Each Price 1 032076881108-1 CABLE TIES 14"100PK Pulled $11.99 $11.99 `2-2_c7 O r—t 2 3 9 0 9 9 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 Sales: $11.99 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 Items)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: Total: $11.99 Paid: $0.00 Signature: JOSH KIRSH 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 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 6v 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.runyonsuOaceprep.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 11 Default/Remedies.If you or an guarantor: a fail to full and time) comply with an rovision of this all time out,and no allowance will be made for weekends,holidays,time in transit or any other period(s)of ( ) y y 9 () y y p y y p 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 andlor.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)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 Items)(i)has been carefully selected,examined,counted and tested by EMPLOYEES,INSURERS,SUBROGEES,SUCCESSORS AND ASSIGNS,FROM AND AGAINST ANY AND vou;(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, ITEMS) (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"Maltunctionj and notify Runyon immediately;and(A)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- (6)Equipment Failure.In the event any Rented Item fails to start,breaks,malfunctions,becomes unsafe or is in Leases.Your duties hereunder are UNCONDITIONAL. 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 rimitation, 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 oflimitations 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 lrz)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(effected 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:(f)name Runyon as an additional insured and loss payee;(ff)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 Pian("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$5,000.00 Of (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN covered costs(the"Coverage Limit",subject to certain exceptions and exclusions as more particularly set forth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. in our'Damage Waiver Agreement"available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated VOUCHER NO. WARRANT NO. Prescribed by state Board of Accounts City Form No.201 (Rev.1995) RUNYON EQUIPMENT RENTAL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 410 W CARMEL DRIVE IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $130.21 Payee Purchase Order# ON ACCOUNT OF APPROPRIATION FOR 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 395504-1 42-370.00 $26.85 1 hereby certify that the attached invoice(s),or 7/27/16 395504-1 $26.85 2201 201 2201 201 401992-1 42-370.00 $10.00 bill(s)is(are)true and correct and that the 9/15/16 401992-1 $10.00 2201 201 materials or services itemized thereon for 2201 201 402071-1 42-370.00 $45.00 9/15/16 402071-1 $45.00 2201 201 which charge is made were ordered and 2201 201 402427-1 42-311.00 $48.36 received except 9/19/16 402427-1 $48.36 2201 201 2201 201 Tuesday, September 20,2016 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 RU NYONStatus: Closed 410 West Carmel Drive Invoice#: 395504-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Wed 7/27/2016 1-800-276-TOOI(8665) www.runyonrental.com Date Out: Wed 7/27/2016 9:32AM 317-566-8888 Phone "Don't be a tool-Rent 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: OTTINGER, MARK A Salesman: NONE Qty Key Items Sold Part# Status Each= ach Price 3 662528378414-1 BLADE ABRAS 14"Xl720MM METAL 662528378414 Pulled $8.95 $26.85 Thank You for your Business Rental Contract You understand that:(a)it is unauthorized for me to lend the Rented Items)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 Sales: $26.85 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 rale 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: $26.85 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: Total: $26.85 Paid: $0.00 Signature: OTTINGER,MARK A Amount Due: $26.85 1111111111111111111111 III1I 111111111 IN Page 1 of 1 RU NYON 410 West Carmel Drive status: Closed Invoice#: 401992-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Thu 9/15/2016 www.runyonrental.com Date Out: Thu 9/15/2016 8:55AM 1-800-276-Tool(8665) 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: ODESSA TYNAN 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:MARTZ, FREDERICK KENT Salesman: NONE Qty Key Items Returned Date Status Each Price 1 10909 Multiquip Key Pulled $10.00 $10.00 EXCAVATOR 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 Sales: $10.00 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: $10.00 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: Total: $10.00 Paid: $0.00 Signature: MARTZ,FREDERICK KENT Amount Due: $10.00 IIIIII VIII VIII VIII VIII VIII IIII IIII Page 1 of 1 RU NYON 410 West Carmel Drive Status: Closed Invoice#: 402071-1 £QUIFM£IVT►Z£NTAL Carmel,IN 46032 Invoice Date: Thu 9/15/2016 www.runyonrental.com Date Out: Thu 9/15/2016 1:56PM 1-800-276-Tool(8665) 317-566-8888 Phone "Don'f be a fool-Rent one" 317-566-2990 Fax Operator: ODESSA TYNAN 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:SMITH, KEVIN Salesman: NONE Qty Key Items Returned Date Status Each Price 1 1 MS HYDRAULIC HOSE Pulled $45.00 $45.00 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 Sales: $45.00 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: $45.00 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: Total: $45.00 Paid: $0.00 Signature: SMITH,KEVIN Amount Due: $45.00 1111111111111111111111111111 Page 1 of 1 RU NyON Status: Closed 410 West Carmel Drive Invoice#: 402427-1 EQUIPMENT RENTAL Carmel,IN 46032 Invoice Date: Mon 9/19/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Mon 9/19/2016 9:57AM 317-566-8888 Phone "Don't 6e a tool-Rent 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:MARTZ, FREDERICK KENT Salesman: NONE Qty Key Items Returned Date Status Each Price 1 103-1 PROPANE 60 POUND REFILL Pulled $48.36 $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 Sales: $48.36 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: $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: Total: $48.36 Paid: $0.00 Signature: MARTZ,FREDERICK KENT Amount Due: $48.36 rrL nnL nvI nLJrvnJIOLG FVn VnIrIMVL VVItlG vrnGly LVAUIIMU/UIYLVHUIIVV GUUIrIVICIV I. IIIIIIVIIIIIIIIIIIIVIIIILIIIIIIIIII Page 1 of 1 410 West Carmel Drive Status: Closed RU NYON Invoice M 402427-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Mon 911912016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Mon 9/19/2016 9:67AM 317-566-8888 Phone "Don't be a tool.Rent one" 317-566-2990 Fax Operator: WINNIE HELMS us omer 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 un by: MARTZ, FREDERICK KENT Salesman: NONE Qty Key Items Returned Date Status Each Price 1 103-1 PROPANE 60 POUND REFILL Pulled $48.361 $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 Sales: $48.36 alternative fuel;(d)no electrical tools are supplied with ccfc grounded plugs.for use ir!OfQ mded outlets(except for double-insulated safety-approved tools),and you are responsible for not cutting off the ground.lug;.(d)Runyon is authcrized 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: Total: $48.36 Paid: $0.00 Signatur ' MARTZ, FREDERIC NT Amount Due: $48.36 MARTZ, FREDERI�� 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.runyonsudaceprep.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 6 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 anyautomatic 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,Nabuse,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)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 Providersj 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 (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,it any(including all training required under applicable EPA,OSHA andlor_—AND/OR REPLACING THE -SAME), EVEN IF ARISING FROM OR IN CONNECTION-WITH OUR ANSI Standardsif 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 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 1/2)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 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 Limitj,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 Wt Ant NV I ritbrUNOWLt run UHIVIHUC UVINC Wr1C14 LVHUINU/UNWAUIIYU r_VulrIVICIV I. I��I��IIID I�i�l�II�I VIII��III�I�I I��I Page 1 of 1 Status: Closed Ru NYoN 410 West Carmel Drive Invoice M 395504-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Wed 7/27/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Wed 7/27/2016 9:32AM 317-566-8888 Phone Don't be a tool-Rent one" 317-566-2990 Fax Operator: WINNIE HELMS (customer 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: OTTINGER, MARK A Salesman: NONE Qty Key Items Returned Date Status Each Price 3 1662528378414-1 BLADE ABRAS 14"X1'720MM MET/ Pulled $8.951 $26.85 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: $26.85 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: $26.85 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: $26.85 Paid: $0.00 Signature: OTTINGER, MARK A Amount Due: $26.85 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,"'dye,""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"face"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's,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 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)(t)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, ITEMS) (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's and notify Runyon immediately;and(A)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 /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 rale 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 liabilitV under or in connection with this Contract is by others. limited to the Rent actually paid bV 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 dr 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 partV waives its right subrogation against us,our parents,affiliates,agents,insurers,successors and assigns;and(iii)be primary(our to a iury 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/shefit 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). Fallowing is an abbreviated WE ARE NUT HESPUNSIlJLE FUN UAMAUt:UUNE WriEN LUAUINU/UNLUAUINU tUUlrlulcN I. 111111111111111111111111 IN Page 1 of Status: Closed RU MYON 410 West Carmel Drive Invoice#: 401992-1 EQUIPMENT RENTAL Carmel, IN 46032 Invoice Date: Thu 9/1512016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Thu 9/15/2016 8:66AM 317-566-8888 Phone "Don't be a tool-Rent one" 317-566-2990 Fax Operator: ODESSA TYNAN (Customer 13 Terms: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: MARTZ, FREDERICK KENT Salesman: NONE Qty Key Items Returned Date Status Each Price 1 10909 Multiquip Key Pulled $10.00 $10.00 EXCAVATOR 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) IVARE 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 Sales: $10.00 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 ypu are reSnnnsible for not rutfino off the nrrnp:d}ug;(d)Runyon it:_uthor:-ed 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: $10.00 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: Total: $10.00 Paid: $0.00 Signature, —(c � "MART , FREZARERESPONSIBLE ENT Amount Due: $10.00 WE CHARGE FOR TIME OUT,NOT TIME USED. 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 I AAA FP.FONT VFRRION OFTHIG r:ONTRAr.T IS A\/All ARI F I IPM RFOI IFCT 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,lubes and wheels;(c)for any Rented Ilem(s)which islare not returned to Surface Prep Rental and Supply LLC;(c)'Page 1"refers to the first page or Yace'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 llem(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 Irom 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 Ilem(s)for the Term and agree to pay Runyon our staled rental rate(s)('Rend,together with any of insurance.Your insurance will continue to apply for our benelil 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 accented 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 Ilem(s)islare returned to and accepted by us.No Rented Item(s)islare to be left on A complete statement of the LEPP provisions is available at the rental counter and on our websites at our premises it we are not open to receive them.)Rental rales are for normal use of the Rented Ilem(s)on a hilp://www.runyonsuOaceprep.com/sites/www.runyonsugaceprep.com/fitesJDamage_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 hllp://www.runyonrentaLcomlsites/www.runyonrentaLcom/fibstDamage_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 If 1)Default/Remedies. If you or any guarantor.(a)fail to fully and timely comply with any provision of this nonuse.Ilem(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 Ilem(s)islare used safely and in accordance with the'Instructions' notice or liability to you other than as required under applicable law:()terminale this Contract;(i)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 slay,(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)allempt 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 Rmitalion,lost Rented Item(s)without our prior written consent,which we may grant,condition or withhold in our sole discretion. rental income); (v) immediately lock, disable, and/or retake possession and control of the Rented Ilem(s), Only you and your authoiized 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 deriver and/or retrieve any Rented Ilem(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 Ilem(s).It 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 rrEM(S),NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE OR other equipment,products or services related to your planned use of the Rented Ilem(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[he YOU ASSUME ALL RISK OF INJURY,LOSS,DAMAGE AND ENVIRONMENTAL CONTAMINATION OF,TO, Rented Ilem(s)and return itithem to Runyon on lime,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-live dollars(S85.00)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 Ilem(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, Ilem(s), unless you thereupon reject ii/lhem), 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)()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 sale 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 safely RUNYON MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND YOU AGREE THAT YOU equipment(including personal fall protection,gloves and prolective eyewear, as applicable);(iv)will use the SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEYS'FEES INCURRED BY RUNYON IN Rented Ilem(s)only for iis/their intended purpose(s),in a reasonable and safe manner, (v)will immediately SUCH DEFENSE. discontinue use of the Rented Item(s)if iUlhey malfunction(s)or appear(s)defective(a'Malfunclion�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 it d'uecled 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 attomeys'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,lees,assessments and other similar charges respect to Malfunctions. You hereby waive, any and all other claims, including without Imitation, 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)Ownershlo.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 lull force and effect.Time is of the essence.There are no third. Rented Ilem(s)is to use il/them in lull 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 fen,claim or encumbrance[hereon.We may,at our sole option,assign all or any portion of our rights andlor Rented llem(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 hems)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 Ilem(s).You agree to pay for any damage to or loss of the Rented Ilem(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 Ilem(s)are out amounts due hereunder will bear interest at the rate of one and one hall(1 Yx)percent per month added to of our possession.If the Rented Item(s)islare stolen or damaged,you will pay list for parts,labor or,it a total accounts over len(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[or-any-debit or credit_card-you provide that is declined or any check you theft to Runyon.The cost of repairs will be bome 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 Rem(s)identified on Page 1,but also to all general liability insurance covering all operations and contractual obligations with minimum limits of 51,000,000 other he 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 properly 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 lull 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 (mils 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;(i)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[he[heisherd has had a reasonable opportunity to discuss this waiver and Its effects with legal LEPP (itemized on Page 1 if available), you Mll have no liability to Runyon for 500% of the total counsel. repair/replacement cost for physical damage to covered Rental Item(s), up to a maximum of$5,000.00 0l (15)WARNING REGARDING CRIMINAL CONVERSION.FAILURE TO RETURN RENTED ITEM(S)CAN,IN covered costs(the'Coverage Limit',subject to certain exceptions and exclusions as more particularly set lorth CERTAIN CIRCUMSTANCES,BE CONSIDERED A THEFT,RESULTING IN CRIMINAL PROSECUTION. in our'Damage Waiver Agreement'available at our rental counter and on our website, as provided below(a copy of which you acknowledge having reviewed prior to signing this Contract). Following is an abbreviated VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) RUNYON EQUIPMENT RENTAL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 410 W CARMEL DRIVE IN SUM OF$ CITY OF CARMEL An invoice or bill to be properly itemized must show:kind of service,where performed,dates service CARMEL, IN 46032 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $220.00 Payee Purchase Order# ON ACCOUNT OF APPROPRIATION FOR Terms Carmel Fire Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 400358-1 43-530.99 $220.00 1 hereby certify that the attached invoice(s),or 9/15/16 400358-1 $220.00 1120 101 1120 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 Thursday, September 15,2016 David Haboush Fire Chief I hereby certify that the attached invoice(s),or bill(s),is(are)true an,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-Treasulmr To: Page 2 of 2 2016-09-08 21:52:26(GMT) 1 31 721 90697 From: Jack Runyon IIIIII VIII/IIII VIII IIII VIII IIII IIII Page 1 of 1 RUN'�'CyN Status: Closed 410 West Carmel Drive Invoice#• 400358-1 EQl11VMEt"IT RI=t"FTAL Carmel,IN 46032 Invoice Date: Thu 918/2016 www.runyonrental.com Date Out: Fri 91212016 8:38AM 1-800-276-Tool(81%6b) 317-566-8888 Phone "9an`f 6e a foal-Rant ane" 317-566-2990 Fax Operator: Tempe Thompson tCustomer#: 1182 , Terms: On Account CARMEL FIRE DEPARTMENT 317-571-2600 Phone 317-571-2615 Fax 2 CIVIC SQUARE CARMEL,IN 46032 Open Monday-Friday 7:00am-5:30pm,Saturday 7:00am-4:30pm,Sunday 9:00am-3:00pm Picked up by: DONOVAN ANDERSON Salesman: NONE Qty Key Items Returned Date Status Each Price 1 3 836690001/ 'f1NWKNHAMMER BBB DEMO-DRILL SDS TE1E Thu 9/8/2016 8:30AM Returned ~ $160.00 $160.00 ! 4Hrs$30.00 1day$40.00 1v✓eek$160.00 4ttreeks$480.00 1 2918-1 BIT SDS 0 3/4"X 6"-8" Thu 9/8!2016 8:30AM Returned $40.00 540.00 idayS10.00 1week$40.00 4weeks$120.00m Thank You for your Business .....,,.._.....,,w..�,...n..-..,.,<a<. �.:-....r Rental Contract -...,-,...m.,.m..,.,-..,�.<..«�..,._�.<,�...,.�,...,�....�.�,...M..��_ Rental:) $200.00 You understand that:(a)it is unauthorized for me to lend the Rented Itern(s)to any other person;(b)THE RENTED ITEMS) g ISIARE FULL OF FUEL AND MUST BE RETURNED AS SUCH OR ADDITIONAL CHARGES WILL APPLY(o)use of alternative Damage Waiver: $20.00 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 (Inilial) I have been instructed and demonstrated on the safe and proper operation of the above equipment,and I fully understand those __.._.. I 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: $220.00 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: Total: $220.00 Paid-' $0.00 I Signature: -- --- - ----- -� DONOVAN ANDERSON Amount Due: $220.00 VOUCHER # 166198 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 402224-1 01-7502-06 48.36 Voucher Total 48.36 Cost distribution ledger classification if claim paid under vehicle highway fund 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 9/19/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/19/2016 402224-1 48.36 hereby certify that the attached invoice(s), or bill(s) is (are)true and -orrect and I have audited same in accordance with IC 5-11-10-1.6 Date Officer 111111111111111111111111 IN Page 1 of 1 RUNYoN Status: Closed 410 West Carmel Drive Invoice#: 402224-1 £QUIYM£NT RENTAL Carmel,IN 46032 Invoice Date: Fri 9/16/2016 1-800-276-Tool(8665) www.runyonrental.com Date Out: Fri 9/16/2016 1:57PM 317-566-8888 Phone "Don't be a fool-Rent one' 317-566-2990 Fax Operator: Dave G Chernoff Customer#: 9985 Terms: On Account CARMEL WASTE WATER 317-671-2645 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:CALVIN COOPER Salesman: NONE Qty Key Items Returned Date Status Each Price 2 101-1 PROPANE 30 POUND REFILL Pulled $24.16 $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 Sales: $48.36 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: $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: Total: $48.36 Paid: $0.00 Signature: CALVIN COOPER Amount Due: $48.36