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164447 09/30/2008 CITY OF CARMEL, INDIANA VENDOR: 00352369 Page 1 of 1 ONE CIVIC SQUARE SUNBELT RENTALS CARMEL, INDIANA 46032 PO BOX 409211 CHECK AMOUNT: $335.00 ATLANTA GA 30384 -9211 CHECK NUMBER: 164447 CHECK DATE: 9130/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION c"1205 4238900 17261990 -001 335.00 OTHER MAINT SUPPLIES INVOICE SEND ALL PAYMENTS TO: o EE 0 SUNBELT PO BOX 409 1ALS 7261990 -001 R F 9'r g L 8 ATLANTA, GA 30384 -9211 c o 2372 G l✓ Nd 9/09/08 PAGE 1 of 1 INVOICE TO RECEIVED BY CONTRACT NO. a 1 °Z- 3591 -8704 ARNONE, PAUL 17261990 CARMEL, CITY OF WASTEWATER UTI PURCHASE ORDER NO. 9609 HAZEL DELL PKWY INDIANAPOLIS IN 46280 -2935 PAUL ARNONE JOB NO. 1 CARMEL UTILITIES JOB ADDRESS BRANCH CARMEL UTILITIES WATER INDIANAPOLIS PUMP POWER 9609 HAZEL DELL PWY 11220 ALLISONVILLE RD INDIANAPOLIS, IN 46280 FISHERS, IN 46038 -1837 317- 571 -2634 317- 572 -1180 Qty Item number Unit Price Amount 4" X 6" DOMEHEAD PLUG W /TEST POR EA 175.000 175.00 051 -46 HOSE /ROPE KIT W /GAUGE, 30' EA 150.000 150.00 321 -30 2114XXX000 EA 10.000 10.00 FREIGHT SHIP TO: CARMEL UTILITIES WATER 9609 HAZEL DELL PWY INDIANAPOLIS, IN 46280 Equipment Service. Guaranteed. 335.00 REMIT TO: NET DUE UPON RECEIPT SUNBELT RENTALS PO BOX 409211 Invoices not paid within 30 days may be subject o 8.45 ATLANTA, GA 30384 -9211 to a 1 -/z %per month charge. SALES INVOICE S U N BE L T Page 1 of 1 Ha<ENTAL33 PC 387 l+E�l>Ii1t TLY 11220 ALLISONVILLE RD Sunbelt Rentals, lnc FISHERS, IN 46038-1837 X: 317 -572 -1 180 Atlanta GA 3E33$ 921 5 Job S.' ALES INVO ICE CARIVII±L UTILITIES 1�VATER III IIIIIIIIIIIIIIIIIIIIIIIIIIII III 98C�9HAZEL L7ELL PWY:..;.. MN C# 3[7 571 2634 J# 3:17 571 2634 Invoice 1726199D :401. Customer. 723 ?2 System date 9(Og/08 CARREL, CITY QF WASTEWA'fFi UTI Involve date 9f09f06 1;a 4 AIVI 9609;HAZEL L7ELL PARKVI/AY .Job LO _96C?9 HAZEL DEL! PVVY, INDIANAPOLt 1Ni?IANAPOi:LI, till: 2$b Jdb No 7 CAiMEI 1TILlTIES Q�der By ARNO XXXX IV 6, PAUL NET:.QUE UPON..REC'EfPT �2ty Item nu►ber 1 4" X 6" DOMEHEAD PLUG W /TEST POR EA 175.000 175.00 051 -46 1 HOSE /ROPE KIT W /GAUGE, 30' EA 150.000 150.00 321 -30 1 2114XXX000 EA 10.000 10.00 FREIGHT SHIP TO: CARMEL UTILITIES WATER 9609 HAZEL DELL PWY INDIANAPOLIS, IN 46280 571 -2645 Paul Sub- total: 335.00 Tax: 23.45 Total: 358.45 Rate your rental experience www.sunbeitsurvey.com You could win $500, visit site for complete rules and eligibility. IF THE •e PR OPERLY NO OFFICE AT DAMAGES AND 1. The total charges in this Contract is an estimate based on the estimated rental period provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the equipment. 3. Customer is responsible for and shall only permit properly trained, authorized individuals, who are not under the influence of drugs or alcohol, to use the Equipment. 4. If the Equipment does not operate properly, the Equipment is not suitable for customer's intended use, the Equipment did not come with operating and safety Instructions or customer has any questions regarding use of the Equipment, do not operate the Equipment and contact Sunbelt immediately. 5. Misuse of the Equipment or using damaged or malfunctioning Equipment may result in serious bodily injury or death. 6. Customer has received, read, understands and agrees to the estimated charges herein and all the terms and conditions of this Contract, including the Release and Indemnification provision in Section 8. 7. Customer must call to request pickup of Equipment, retain Pick Up Number given by Sunbelt and is responsible for Equipment until actually retrieved by Sunbelt. Customer is declining Rental Protection Plan (Customer Initials) PAUL ARNONE CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbeltrentals.com INVOICE IR•v 04/25/081 ADDITIONAL TERMS AND CONDITIONS L TERMS. Customer's remal of the Equipment is conditioned upon Customer's agreement with the terms of this Contract. All of h. RPP Conditions. The following "Conditions' must be satisfied for the RPP to apply: (A) Customer accepts the RPP; (B) the terms herein are incorporated into all future commets between Sunbelt and Customer upon Customer's use of Sunbelt's Customer pays 14% of the gross rental charges as the fee for the RPP; (C) Customer fully complies with the terms of this equipment under thou commits, without objectiom, unless subsequently modified in writing by Sunbelt. Any reference in Contract; (D) Customer's account is curem at the time of the loss, theft, damage or destruction of the Equipment; and'(E) Customers Customer or purchase order or any other tomer document (except for any executed Customer credit application additional nom of the Exclusions apply. terms which are required by law) shall be void and deemed jetted. 'Customer' is identified on the from of this Contract and includes any representatives, agents, officers or employees of Customer and anyone signing this Contract on their behalf. n. RPP Exclusions. Customer assumes the Exclusion risks, meaning that it any Exclusion occurs, the RPP does NOT cover the "Equipment" is be equipment and/or services identified on the from of this Contract, together with all replace sems, repairs, loss, theft, damage or destruction resulting from such Exclusion. 'Exclusions' shall mean loss, theft, damage or destruction additions, attachmcros and accessoties themto. Customer represents that the "site Address' is the location where the Equipment of the Equipment: (A) due to possession ad/or operation of Equipment by a person other than Customer or Customers will be located throughout the Rend Period ad is identified one the from of this Contract. 'Store' is the Sunbelt store location authorized employee or any dishonest set by Customer; (B) due to the Equipment's operation in a manner inconsistent with identified on the from of this Contract. 'Sunbelt' is Sunbelt Rentals, Inc. and its affiliated companies, their respective officers, the manufacturer's instructions, or contrary to this Contract, including but mot limited to [be Equipment exceeding rated directors, employees and agents. capacity, being overloaded, misue, abuse, negligence, improper servicing or lack of Customer required maintenance; (C) due to the Equipment's collision, overturning, upset. rolling over or striking overhead objects; (D) caused by vandaliap', 2. RENTAL CONTRACT. Sunbelt hereby rem to Customer and Customer reins from Sunbelt the Equipment pursuant [o this malicious mischief, diseppearame, loss, theft or wrougfid conversion of Equipment tat reported by Customer to the police Contract. Customer shall pay Sunbelt the rental rates (including any minimum renal identified on the from of this Contract) and during the dai, loads of discovery, and substantiated by a written police report (promptly delivered to Sunbelt); other accairn loading, r u c r tri ra ation the Equipment; to i due to Bond, void, storm, earthquake or after or from other charges described herein when de, return the Equipment to Sunbelt as required herein and otherwise comply with this causer, (G) dm t to mck eu ree action, radiation, n. radioaci=tiiw ve c nmntnation, exposure and/or comamiation with or from am Contract. This Contract is a true lease. The Equipment (a) is and shall mmaimhe personal property of Sunbelt; (b) shall not be hazardous materials or any other cause; (H) due to seinme or destruction of Equipment by order of governmental authority; considered affixed in red property; and (c) shall be maintained by Customer such that the Equipment may be removed without an d (1) aaeasories, which are not being charged the RPP fee. THE EXCLUSIONS ARE RISKS ASSUMED BY damaging any building or property. CUSTOMER AND ARE NOT COVERED BY THE RPP. 3. PERMITTED USE. Customer agrees that Sunbelt has an control over the answer in which the Equipment is operated during the it. Recovery of Equipment. If the Equipment is recovered at a later dam, Sunbelt retains ownership of the Equipment. Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (a) prior to Notwithstanding anything to the contrary in this Contract, if lost or stolen Equipment is later recovered, wither Customer tar each use of the Equipment, Customer has in will inspect the Equipment in confirm that the Equipment is in good condition, without Customer's insurance company shall have any ownership rights to it, regardless of any payments made by Customer or defect, includes readable decals and operating and safety namals and is suitable for Customer's intended use; (b) any apparent Customer's insurance company with respect to such Equipment, all of which payments are n m- refundable. Customer agrees agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests early morning delivery, to promptly renun any Equipment that u recovered. Customer authorizes Sunbelt to leave the Equipment at d w Site Address without requirement of written receipt); (c) Customer shall immediately mthly Sunbelt if the Equipmnt is lost damaged, stolen, uusafe, disabled or malfunctioning, defects are discovered, the iv. Subrogation. Sunbelt shall be subrogated to Customer's rights on recover against any person or entity relating m any loss, Equipment is levied upon or threatened with winters. or if an Insiders (defined below) occurs; (d) Customer has received from theft, damage or destruction to the Equipment. Customer shall cooperate with, assign Sunbelt all claims and proceeds arising Sunbelt all information needed in requested regarding the operation of the Equipment; (e) Sunbelt is not responsible for providing from such loss, theft, damage or destruction, a== and deliver to Sunbelt whatever documents are required and take all operator or other training unless Customer specifically requests and pays for training that Sunbelt has agreed m provide (Customer other m pessary steps in secure in Sunbelt such rights. being responsible to obtain all [raining that Customer desires from third parties if Sunbelt does not provide such training, prior to the Equipment use); (f) only authorized individuals shall sae and operas the Equipment authorzed individuals' being those who 11. RENTAL PERIOD. 'Rersal Period' commences when the Equipment is delivered to Customer or the Site Address and comimes are familiar with and properly trained to use the Equipment and who are not under the influence of drugs or alcohol); (g) the until the Equipment is retuned to the Store during normal business hours, provided Customer less otherwise tomplid with this Equipment's use shall be in a careful nanmr, in compliance with all operation and safety mamuls and other instructions provided Contract and the Equipment is in the condition required herein. Sunbelt may terminate this Contract at any time, f any reason, after on, in or with theliquipmem and all Federal, Stale and local laws and licenses, including but not limited to, OSHA, a revised; and to eatimaled Rental Period identified on the from of this Contract. If Customer elects f Sunbelt in pick up the Equipmo, the day (h) the Equipment dell be kept in a secure location. Customer calls Sunbelt and receives a Pick Up Number (defined below), Customer my receive a credit for the rend charges from the date the Pick Up Number is given (w that the Rental Period ends on the date the Pick Up Number is given), provided Customer has otherwise complied with this Contract and the Equipment is in the condition required herein. 4. PROHIBITED USE. Customer shall not (a) after, disfigure, or cover up my mumberiug, lettering, deals, or insignia w the Equipment or remove any operation or safety motels; (b) assign im rights under this Contract; (c) move the Equipment from the 12. RENTAL RATES. The tout charges specified in this Contract are: (a) estimatd baud upon Customer's representation of the Site Address without Sunbelt's written consent of the new location; (d) bntertioally damge the Equipment; (e) use the Equipment estimated Rental Period identified on the from of this Contract (rental rates beyond de estimated Rental Period m change); and (b) in a negligent, reckless, illegal, umuthorized or abusive manner tar allow the operation of the Equipmnt for an illegal Purpose or for the Fquipmnt's use for 'one shift' being not more than 8 hours per day and 40 hays per week unless otherwise coded. Weekly by any uauthmired individual (Customer atkmwledging that the Equipment my be dangerous if used improperly or by untrained and monthly rent] mtes shall not be prorated and the daily real rare shall apply. Customer shall Wily Sunbelt if the Equipment is parties). used in excess of the above umber of hays or the estimated Rental Period, and if to used, Customer shall pay additional fees. In addition m the reap rates and other fees for the Equipmm, Customer is responsible f (i) all licenses, fees and taxes based on 5. MAINTENANCE. Customer shell perform routine mimeame of the Equipment, including routine inspections and C vmmr's use of the Equipmw: (ii) delivery and pickup costs to and from the Store; (iii) min[eanse, repairs and replaremms to minteance of fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and cleaning accordance with the the Equipment m provided herein; (iv) a cleaning fee if the Equipment la returned umleamed; (v) fees for last keys; (vi) fuel used m on Itmer's specifications (all other mimenance or repairs my only be performed by Sunbelt, but Sunbelt has m n W responsibility during the Real Period (Customer my either return the Equipment fully fueled or. a charge shall be assessed (designed to cover during the Reuel Period to inspect or perform any mimmance or repairs unless Customer requests a service call). If Sunbelt Sunbelt's direct and indirect cents of refueling the Equipment)); and (vii) an environmental charge (designed to cover Sunbelt's direct determines that repairs to the Equipment are required, other than Ordinary Weis and Tear, Customer shall pay the full cost of and indirect costs of handling and disposing of wastes and hamrdmns materials). The environmental charge is not a gowrmen[ repairs and real of the Equipment mail the repairs are completed. 'Ordinary West and Tear" means normal deterioration mandated charge. Psymm for all estimated charges is due at the time of temp, in cash in by a credit card, unless Sunbelt approves considered reasoable in the equipment rental industry for one shift use. Sunbelt has the right to eider, inspect and observe the use Customer's exacmed credit application. The convenience charge off mail diesel fuel does not include stare netor fuel taxes. of the Equipment wherever located. Customer has the authority to and hereby grarb Sunbelt the right to enter the physical location of the Equipment for the purl— set forth herein. Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or reptacement of the Equipment is Customer's exclusive remedy for Sunbelt's breach of this 13. PAYMENT. Customer is liable f and shall pay all rental charge(s) end applicable federal, state and/or local toes, without any Contract. Nawith tadivg Sunbelt's service commitment, Sunbelt shall have no obligation to (a) repair or replace Equipment offsea, deductions or claim, in full an pater than the end of the Rental Period, or if an approved credit customer, upon receipt of deranged by Customr's breach of this Contract or other misuse, abuse or neglect; or (b) stop the Rental Period, commence repairs Sunbelt's invoice. Customer most mthly Sunbelt in writing of any disputed amourss, including credit card charges, within 15 days or rem ether equipment to Customer until Customer or Cus seem's iaurame company has impectd such Equipment and agreed in after the receipt of the invoice/comract or Customer shall be deemed to haw irrevocably waived its right to dispute such amwms ad pay or paid for such cots. the amounts shall be deemed fad and binding. At Sunbelt's discretion, any credit account with a delinpnem balance my be placed em a cash basis, deposits my be required and the Equipment picked up without notice. Due to the difficulty in fixing actual daring. =used by late paymr, Customer agrees that a service charge equal to the pesser of 1.5% per month or the maximum rate permitted 6. CUSTOMER LIABILITY FOR DAMAGE AND LOSS. CUSTOMER ASSUMES DURING THE RENTAL PERIOD by law shall be assessed on all delinquent amounts, until paid in fall. Deposits are only required to be returned after all fees and (DEFINED BELOW) ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY AND OPERATION OF AND FULL expenses paid in full. Customer agrees that if s credit card is presented to pay for charges or to guarantee payment, Cuammer RESPONSIBILITY TOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, authorim Sunbelt to charge the credit card the estimated charges specified in this Contract, any required security deposit and all RENTAL CHARGES, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING TRANSPORT, LOADING AND additional charges subsequently incurred by Customer, including but tat limited to, loss of or damges to the Equipment. Customer's UNLOADING. "Incident' is any fine, citation, theft, accident, casualty, lass, injury, death or derange in person or property, obligations to retain and pay for the amounts due herein shall survive to Reuel Period and termination of this Contract. claimed by any person, or my be or appears to haw occurred on, in coumctiou with, in around the Equipment. After an Incident Customer shall (a) immediately notify the police and Sunbelt; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until Sunbelt and/or it designees investigate each Incident; (e) immediately 14. RETURN OF EQUIPMENT. At the end of the Rental Period, the Equipment shall be retained to Sunbelt in the sane condition it after receipt submit to Sunbelt copies of all police or other third party repots and Wily Sunbelt of any other reports; and fill P. was received, less Ordinary Wear and Tear and free of any harardom materials and commitments. s. T Rental Period and this Sunbelt, in addition to other saws due herein the rental rate for Equipment until the repairs are completed or Equipment replaced Contract shall not terminate ad rcmal charges shall continue ae m t la to sn until Sunbelt confirm the Equipment is returned the plus (i) the manufacturer's list price on the date of the Ions "MSLP') of the lost or destroyed Equipment ('Imo' being when condition required herein. If Sunbelt delivered the Equipment to Customer, Customer shall ratify Sunbelt that the Equipment is ready Equipment's location is unknown, or Customer is unable to recover for a period of 30 days); or (ii) the fall coat of repairs of to be picked up at the Site Address and obtain a 'pick -up" member from Sunbelt evidencing such call "Pick Up Number'); provided damged Equipment. Accrued renal charges shall not be applied against such additional amounts. Sunbelt shall haw the immdiate Customer remime liable for any loss of or damage m the Equipment until Sunbelt confirm that the Equipment is returned in the right, but tat obligation to mcpaim any Equipment involved in soy Incident. condition required herein (which Pick Up Number Customer should keep for it records as proof of such call). No pickups occur ou Sundays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipmm, Customer shall rerun mamdacnre the Equipment to the aam Store during that Store's normal business hours. Any loss of or damge to the Equipment resulting from a 7. NO WARRANTIES. Sunbelt alms tat design or Equipment and is rot the again of the party(ies) that do. return other than as set forth above shall be Ca toner's sole responsibility. If the Equipment is not retained by the estimated end of SUNBELT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH the Rental Period specbfwd on the front of this Contract, in addition to the charges set forth in this Contract, Customer agrees to RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY [he applicable rental rate for the Equipment until ue the end of the Rental Period. pay PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN 'AS IS, WHERE IS" BASIS, WITH "ALL FAULTS' AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT. I5. DEFAULT. Cusmmr shall be in default if Customer: a fails to CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT FROM ANY pay sum when due; (b) breaches any provision of this Contract; AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, (c) becomes a debtor in a bankruptcy proceeding, or goes into receivership; (d) places the Equipment at risk if Sunbelt, in good faith, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS deem itself insecure; (e) fails to retain Equipment immediately upon Sunbelt's demand; or (f) is in default under any other comtac, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS with Sunbelt. If a Customer default occurs, Sunbelt shall haw, in addition to all rights and remedies at law or in equity, the tight to HEREIN. enter the Site Address or wherever the Equipmem is located and repossess the Fquipmem without judicial process or prior notice. Customer shall pay all of Sunbelt's cost, including reasonable cost of collection, con cost and attorney's feeitcurred in exercising 8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER arty of it rights or remedies herein. The use of false identification to obtain Equipment or the failure to return Equipmm by the end INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH of the Rem) Period my be considered theft, subject to crimiml prosecution and civil liability where Permitted, pvsuaru to applicable COUNSEL APPROVED BY SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND laws. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT FOR SUCH ENTRY OR REPOSSESSION. EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, ANY DAMAGE TO PROPERTY, INJURY TO, OR DEATH OF, ANY PERSON OR ANY 16. FINANCING. This Contract and all of Custoner's rights in and to the Equipment are subject and subordinate to all rights, title CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR and hmem" of all persons (including, Sunbelt's secured lenders) who haw financed or leased he Equipment or provided f wing to CONNECTED WITH THE USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR Sunbelt BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR 17 LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF SUNBELT'S RENTAL OF THEEQUIPMENT TO ACCORDANCE LL THE DOCTRINE OTHER FAULT OF ANY PARTY CT I OF STRICT HEREIN AND ANY T OR ABSOLUTE THE FOREGOING ARISING TE LIABILITY. CUSTOMER'S INDEMNITY IMPOSED IN CUSTOMER, CUSTOMER AGREES THAT SUNBELT'S LIABILITY WITH RESPECT TO THIS CONTRACT, INCLUDING H ANY LIABILITY ARISING FROM SUNBELT'S OR ANY THIRD PARTY'S COMPARATIVE, CONCURRENT OF OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR THAT THIS RELEASE AND INDEMNIFICATION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS BY LAW. CONTRACT. 9. INSURANCE. During the Rental Period, Customer shall mimin, at it own expense, the following minimum iusmance I8. JURY TRIAL WAIVER. 70 THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET THE TERMS OF THIS CONTRACT, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY erage: (a) general liability insurance of nil less than $1,000,000 per aaurrence, including bed tat limited to, coverage fm WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT FOR Customer ta 's contractual liabilities herein (including the release and indemnification clause contained in Section 8); (b) if the RPP N (defined below) is t elected and paid for, popery in against loss by all risks o Equipment, in an amount at least equal THE PARTIES ENTERING INTO THIS CONTRACT. to the MSLP thereof: and (c) worker's compensation insurance as required by taw; and (d) if the Equipment is to be used on any 19. COMPLIANCE WITH EXPORT AND IMPORT LAWS. Customer acknowledges and agrees that removal of the Equipment roadway, automobile liability and physical damge insurance (including comprchemive and collision coverage, a mm-owned vehicle from the United States is prohibited under this Agmemm. If Customer desires to transport or cause the transport of the Equipmm endorsement and unirsued/underimued motorist coverage), in the same admums set forth in subsections (a) end (b). Such policies mode of the United States ad/or an operate the Equipment mmside of the United States, Customer must notify Sunbelt prior to taking shall be printery (ad ma on an excess basis), on an oaaireme basis, muse Sunbelt as an additional maimed and loss payee, and such action end, subject to agreement by Sunbelt, a separate Rider to this Agreement shall be executed and the term of such Rider provide for Sunbelt to receive m least 30 days prior written notice of any cancellation or material change in such coverage. shall he incorporated herein. Although prohibited under this Agreemm, if Customer exports or re —port the Equipmm, Customer Customer shall provide Sunbelt with certificates of imsur mce evidencing the coverages required above prior to any real and soy acknowledgn its understanding that die Equipment is subject to export control laws and regulations of the United States gowrwem, time upon Sunbelt's request (failue to provide such certificates my constitute a breach of this Contract). THE INSURANCE including bun not limited in the Export Administration Regulations, and that Customer is responsible for complying with such laws and REQUIRED HEREIN DOES NOT RELIEVE CUSTOMER OF ANY OF CUSTOMER'S RESPONSIBILITIES, regulations. Customer further acknowledges that it is responsible for: (a) determining whether export or reexport licenses or other INDEMNIFICATION OR OTHER OBLIGATIONS HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR author'ra[ions are required, (b) obtaining arty required liceme(s), authoriration(s), or documentation prior to exporting or re-exponing OTHERWISE. the Equipment, (c) obtaining my required documentation necessary for return of the Equipment, and (d) ensuring an uauth -red transfers or diversions of the Equipment occur. Refer to www.bbs.doc.gov f informtion. 10. RENTAL PROTECTION PLAN ('RPP If Cu tamer has elected [be RPP and the Equipment is lost, stolen, damged or p, MISCELLANEOUS. If this Contract identifies any Eguipmm tint is to be purchased by Customer, Sunbelt sells ad deliwrs destroyed, provided the Conditions are satisfied and an Exclusion does tat apply, ten Customer's repair or replacement eac Equipment to Customer on an "AS IS, WHERE IS' basis, with all faults and without any warranties (other than mmfw:t rcr responsibility in Sections 5 and 6 is modified by the RPP and Sunbelt shall limit the amount Sunbelt collect from Customer for the warranties, if my) in consideration for Custoner's pa to Sunbelt of the full purchase pica of the Equipment. Sunbelt retahs Equipment loss, damage or destruction it the y Customer following r having se 10% of the MSLP for f thM Equipment stolen from a s stn en from title to the Equipmm wail Customer has paid in full. This Contract: (a) mgethr with any Customer ex emed credit application, an (being defined a seder look and key with only Customer having access thereto); (b) 50% of the MSLP for Equipmnt stolen from being destroyed Equipment Carolina, without constbtmes the entire agreement of de seed location; (c) 50% of the cost of repairs for incidental m accidental damge to Equipment less the grater of $500 or Bn`°" Parties regarding the Equipment aid may to modified r except by ca regard at conflicts ame of taw principles. 10% of tee MSLP; (d) 50% of the MSLP of destroyed Fquip amt less the greater of $500 or 10% of MSLP; (e) costs in excess of If any parties; end (b) shall be governed by th laws of the State of North th ht reg wry $50 for the puncture repairs, if dispatched by Sunbelt (excludes foam filled tires, demolition time and tire replacement, the emire If any provision of this Contract is prohibited it paw in any sate, such in t his shell, as to such sure, be ineff only. to the extent of and/or replacemen bei Custoner's re ibilit such event); and (f) nothing for the renal charges which such prohibition i t without invalidating the retaining provisions. Co n Headin Contract in this Comecon are for s a waiver of the right to de only. ighry failure by cost of repair ep ng spots y n Sunbelt rf insist spun wf uture. Cusno performance of any pr pees on signing this C of this Contract s ra t r be construed (ie waiver ad would otherwise .acne during the period when damaged in is repaired or replaced by Sunbelt m, for strict parformnce in the fmr, and the p a rs ontrac, rep then: (i) they bah law hill authority to lot or stolen Equipment, after Sunbelt receives the police report. THE RPP IS NOT INSURANCE AND DOES NOT PROTECT xecme, deliver and form this Contract; and CUSTOMER FROM LIABILITY TO SUNBELT OR OTHERS ARISING OUT OF POSSESSION OR OPERATION OF THE Per (ii) this Correct constiemes a legal, valid and biding obligation of Customer, EQUIPMENT, INCLUDING INJURY OR DAMAGE TO PERSONS OR PROPERTY. enforceable in accordance with it term. When Customer u a buyer of Equipmm, they are hereby notified that Sunbelt has assigned in right (but ter its obligations) in the agreement to sell the asset(s) described herein an Sunbelt Rentals Exchange, Ins., a qualified im mmediary, a part of Section 1031 exchange. INVOICE/RNT9 (Rev 04 /25/08) S UNBE L T Page 1 of 1 RENTAE.l3 SUN:BI�T Ri»11I ING. PC 387 11220 ALLISONVILLE RD Sal s :3871 FIE�;DINC�,pANI 1. 87 FISHERS, IN 46038 -1837 317- 572 -1180 TYed GVI/EBB Jab Sitlrs XX RENTAL OUT CARIVfEL, GITY OF <WASTEWATER UTI III IIIIIIIiIiIIIfIIIIIIIIIIIIIIIII 3R© +4ND CITY CE NTER CARNIEL, If1;; 4632 Contract 17096513 XXXXXXXXXXXXXX C# 3';17 571 2634: J# 3.i 7 571 1 6 5 Gontrect dt, 8128f08 Date.;out 8128f08 2 27 P1u1 ?2372 CuStome Est te�tUl 9f2 /QI3 2 27 PM GARIViEL CITY O'FWASTEW!#TER UTI Job t_ac 3RD AND GI.TY CENTER,GAR#�/lEL 96Q9':!t-1AEL:.DELL':PARfCWAY ,Job No 1 CAI�NIL, CI71' OF xx AI�iAPrv7L15, }IU, 4i80 P4# -NR Ordered By INDI C04 CALUI'N NET L3UE U}�ON RECEIPT XX QTY EQ(7Tl�MIN1" M. in I�ay Welk 4 Weep Aiiiount 1 4 X 6 SEWER PLUG 24.00 24.00 60.00 180.00 180.00 No rope kit needed EQP MSG See Safety Bulleting: SEWER PLUG SAFETY INSTRUCTIONS. CUSTOMER HAS RECEIVED SEWER SAFETY BULLETIN DATA SHEET X SALES ITEMS: Qty Item number Unit, Price 1 ENVIRONMENTAL EA ENVIRONMENTAL 1 RENTAL PROTECTION PLAN EA 25.20 Customer leaving in a reflecting pond until purchased plug is available Sub total: 205.20 Tax: Total: 2 .1- Rate your rental experience www.sunbeitsurvey.com You could win $500, visit site for complete rules and eligibility. b 1 SHIFTS OR PROPERLY, NOTIFY THE OFFICE ;AT ONCE OVERTIME RATES MAY APPLY- REFUELING, DAMAdeS AND REP,'%!RS,, 1. The toted charges in this Contract is an estimate based on the estimated rental period provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the equipment. 3. Customer is responsible for and shall onl y permit property trained, authorized individuals, who are not under the Influence of drugs or alcohol, to use the Equipment. 4. If the Equipment does not operate property, the Equipment is not suitable for customer's Intended use, the Equipment did not come with operating and safety instructions or customer has any questions regarding use of the Equipment, do not operate the Equipment and contact Sunbelt immediately. 5. Misuse of the Equipment or using damaged or malfunctioning Equipment may result in serious bodily injury or death. 6. Customer has received, read, understands and agrees to the estimated charges herein and all the terms and conditions of this Contract, including the Release and Indemnification provision in Section 8. 7. Customer must call to request pickup of Equipment, retain Pick Up Number given by Sunbelt and is responsible for Equipment until actually retrieved by Sunbelt. Customer is declining Rental Protection Plan (Customer Initials) CALVIN COOPER CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbeltrentWs.com RNTOUT 2P (Rev N /251081 ADDITIONAL TERMS AND CONDITIONS 1. TERMS. Customer's rental of the Equipment is conditioned upon Customer's agreement with the terms of this Contra. All of ii. RPP Exclusions. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP does NOT cover the the terms herein are incorporated into all future contracts between Sunbelt and Customer upon Customer's use of Sunbelt's equipment loss, theft, damage or destruction resulting fiom such Exclusion. "Exclusions" shall mean loss, theft, damage or destruction of coda those conmacts, without objection, unless subsequently modified in writing by Sunbelt. Any reference in Customer's purchase the Equipment: (A) due to possession and/or operation of Equipment by a parson other than Customer or Customer's order or my other Customer document (except for coy executed Customer credit application or additional tams which are requ by antherized employee or my dishonest act by Customer; (B) due to the Equipment's oposmion in a mama inconsistent with the law) shall be void and deemed rejected. 'Customer" is identified on the from of this Cmiraa and includes my representatives, agents, manufacturer's insmations, a contrary to this Contract, includ but not limited to the Equipment mcading rated capacity, officers or employees of Customer and anyone signing this Contract on their behalf. "Equipment' is the equipment and /or services being overloaded, misuse, abuse, negligence, improper servicing m lack of Customer required maintenance, (C) due te, the identified the front of this Contract, together with all replacements, repairs, additions, attachments over and accessories thereto. Customer Equipment's collision, turning, apses, rolling over vandalism, striking overhead objects; (D) caused by vandalis, mous represents that the "Site Address" is the location where the Equipment will be located throughout the Rental Period and is identified on mischie disappearance, loss, theft or wrongful conversion of Equipment not reported by Customer to the police within 48 the final of this Contra. "Store' is the Sunbelt store location identified on the front of this Contract. Sunbelt" is Sunbelt Rentals, Inc hours of discovery, and substantiated by a written police report (promptly delivered to Sunbelt); (E) occurring during the and its affiliated companies, the respective officers, directors, employees and agents. loading, unloading in transportation of the Equipment; (F) due to flood, wind stem, earthquake or other external causes; (G) due to nuclear reaction, radiation, radioactive comminution, exposure and/or commumation with or from hazardous materials 2. RENTAL CONTRACT. Sunbelt hereby tens to Customer and Customer rents from Sunbelt the Equipment passant to this or my other cause, (H) due to seizure or destruction of Equipment by order of governmental authority, and (I) aassones, Contract. Customer shall pay Sunbelt the rental rats (including my minimum round identified on the front of this Contract) and other which are not being charged the RPP fee. THE EXCLUSIONS ARE RISKS ASSUMED BY CUSTOMER AND ARE charges dsaibed herein when due, ram the Equipment to Sunbelt as required ha® and otherwise comply with this Contract. This NOT COVERED BY THE RPP. Cmtra is a true Ilse. The Equipment (a) is and shall remain the personal poperty of Sunbelt; (b) shall not be considered affixed to iii, Recovery of Equipment. If the Equipment is recovered at a later date, Sunbelt resins ownership of the Equipment. real property; and (c) shall be maintained by Customer such thin the Equipment may be removed without damaging my building or Notwithstanding anything to the contrary in this Contract, if lost or stolen ui ent is later recover Eq 'pm eel, neither Customer nor Property. Customer's insurance company shall have my ownership rights to it, regardless of my payments made by Customer or Customer's insurance company with respect to such Equipment, all of which payments we no— efundable. Cestemer agree, 3. PERMITTED USE. Customer agrees thin Sunbelt has no control over the mama in which the Equipment is operated during the to promptly return my Equipment that is recovered. Rental Period by Customer or my thud party that Customer implicitly or explicitly permits Customer warrants that: (a) prim to each iv. Subrogation. Sunbelt shall be subrogaed to Customer's rights to recover against my person or mtity relating to my loss, use ofthe Equipment, Customer has or will inspect the Equipment to confirm that the Equipment is in good condition, without defects, theft, damage or destruction to the Equipment Customer shag cooperate with, assign Sunbelt all claims and proceeds arising includes readable decals and operating and safety manuals and is suitable for Customer's intended use; (b) my apparem agent at the Site from such loss, theft, damage or destruction, exeente and deliver to Sunbelt whatever documents are required and take all other Address is authorized to accept delivery of the Equipment (and if Customer requests early morning delivery, Customer uhthorizs necessary steps to store in Sunbelt mch rights. Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (c) Customer shall immediately notify Sunbelt if the Equipment is 1st, damaged, stolen, unsafe, disabled or malfunctioning, defects are discovered, the Equipment is levied 11. RENTAL PERIOD. "Rental Period" commenos when the Equipment is delivered to Customer or the Site Address and upon or threatened with seizure, or if an Incident (defined below) occurs; (d) Customer has received from Sunbelt all 'information continues until the Equipment is retuned to the Satre during normal business hours, provided Customer bas otherwise has complied needed or requested regarding the operation of the Equipment; (e) Sunbelt is not responsible for providing operator or other training with this Contract and the Equipment is in the condition required herein. Sunbelt may terminate this Contract at my time, for my unless Customer specifically requests and pays for training that Sunbelt has agreed to provide (Customer being responsible to obtain all reason, after the estimated Rerml Period identified on the front of this Contract. If Customer clects for Sunbelt to pick up the training that Customer dsira from third parties if Sunbelt does not provide such training, prior to the Equipment's use); (1) only Equipment, the day Customer calls Sunbelt and receives a Pick Up Number (defined below), Customer may receive a credit for the authorized individuals shall use and operate the Equipment "authorized Individuals" being those who are familiar with and properly rental charges from the doe the Pick Up Number is given (so that the Rental Period ends on the date the Pick Up Number is given), trained to use the Equipment and who are nor under the influence of drugs or alcohol); (g) the Equipment's use shall be in a careful provided Customer has otherwise complied with this Contract and the Equipment is in the condition required herein. tamer, in complimce with all operation and safety manuals and other instructions provided on, in or with the Equipment and all Federal, State and local laws and licenses, including but not limited to, OSHA, as revised; and (b) the Equipment shall be kept in a 12. RENTAL RATES. The total crags specified in this Contract are (a) estimated based upon Customer's representation of the store location. slimmed Rental Period identified on We front of this Contract (rental rats beyond the estimated Rental Period may change); and (b) for the Equipment's use for "one shift' being not more than 8 hours per day and 40 hours per week unless otherwise noted. Weekly and 4. PROHIBITED USE. Customer shall not (a) alter, disfigure, or cover up my numbering, latering, decals, or insignia an the monthly rental rats shall not be premed and the daily rental two shod apply. Customer shall notify Sunbelt if the Equipment is used in Equipment or remove my operation or safety manuals; (b) assign its rights under this Contract; (c) move the Equipment from the Site excess ofthe above number of hours or the slimmed Renal Posted, and if an used, Customer shall pay additional fees. In addition to Address without Sunbelt's written consent of the new location; (d) intentionally damage the Equipment; (e) use the Equipment in a the rental rats and other fees for the Equipment, Customer is responsible for (i) all ficea s, fees and taxes based on Customer's use of negligent, reckless, illegal, unauthorized or abusive tamer nor allow the operation of the Equipment for an illegal purpose or by my the Equipment; (u) delivery and pickup ws to and from the Store; i malhhtenm re; ere, repairs and replacements to the Equipment as unauthorized individual (Customer mknowledging that the Equipment may be dangerous ifused improperly or by untrained parties), provided herein; IN) a cleaning fa ifthe Equipment is returned uncleared; (v) fees for lout keys; (vi) fuel used during the Rental Period (Customer may either ram the Equipment fatly fueled or a Cud charge shall be assessed (designed to cover Smbeh's duet and 5. MAINTENANCE. Customer shall perform routine maintenance of the Equipment, including routine insp me and maintenance indrm costs of refueling the Equipment)); and (vii) an mvironmental charge (designed to cover Sunbelt's direct and indirect costs of of fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and clearing in accordance with the manufacturer's handling and disposing of wastes and hazardous materials). The envimnmen[al charge is not a government mandated charge. Payment spocificetions (all other maintenance or repairs may only be performed by Sunbelt, but Sunbelt has no responsibility during the Rental for all estimated charges is due at the time of rental, in cash or by a credit cad, uniss Sunbelt approves Customer's executed credit Period to inspect or perform my maintenance in repairs unless Customer requests a service call). If Sunbelt derosmins that repairs to application. The convenience charge for offroad Wsd fuel dos not include state morn fuel taxs. the Equipment are required, other than Ordinary Wear and Tom, Customer shall pay the full cost of repairs and rental ofthe Equipment until the repairs are completed. "Ordinary Wear and Tear" means normal deterioration considered reasonable in the equipment rental 13. PAYMENT. Customer is liable for and shall pay all rental charge(s) and applicable federal, mine mdtm local taxes, without my industry for one shift use Sunbelt has the right to enter, inspect and observe the use ofthe Equipment wherever located. Customer has offs is, deductions or claims, in full no later than the end of the Rental Period, or if an approved aedit astomer, upon receipt of the authority to and hereby grants Sunbelt the right to enter the physical location of the Equipment for the purposes see forth herein. Sunbelt's invoice. Customer must notify Sunbelt in writing of my disputed amounts, including aedit end charges, within 15 days after Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the the receipt of the invoice'crintrac or Customer shall be darned to have irrevocably waived its right to dispute such amounts and the Equipment is Customer's exclusive remedy for Sunbelt's breach of this Contract. Notwithstanding Sunbelt's service commitment, amounts shall be deemed final and binding. At Sunbelt's discretion, my credit acmmt with a delinquent balance may be placed on a Sunbelt shall have no obligation to (a) repair or replace Equipment damaged by Customer's breach of this Contract or other misuse, cash basis, deposits maybe required and the Equipment picked up without notice, Due to the difficulty in fixing actual damages caused abuse or neglect; or (b) stop the Rental Period, commence repa or rent other oquipmmt to Customer until Customer or Customer's by late payment, Customer agrees that a service charge equal to the Isser of 1.5% per month or We maximum rate permitted by law insurance company has inspected such Equipment and agreed to pay or paid for such costs. shall be assessed on all delinquent acccoants, until paid in full. Deposits we only required to be returned after all fees and expenses pod in full. Customer ages that if a credit cad is presented to pay for clings or to gummta payment, Customer authorize Sunbelt to 6. CUSTOMER LIABILITY FOR DAMAGE AND LOSS. CUSTOMER ASSUMES DURING THE RENTAL PERIOD charge the credit end the estimated charges specified in this Contract, my required seauity deposit and all additional dhargs (DEFINED BELOW) ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY AND OPERATION OF AND PULL subsequently named by Customer, including but not limited to, loss of or damages to the Equipment. Customer's obligations to ram RESPONSIBILITY FOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, and pay for the ware s due harem shall survive the Rental Period and lamination ofthis Contract. RENTAL CHARGES, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING TRANSPORT, LOADING AND UNLOADING. "Incident" is my fine, citation, theft, accident, casualty, loss, injury, death or damage to person a popery, claimed 14. RETURN OF EQUIPMENT. At the end ofthe Rental Period, the Equipment shall be rammed to Sunbelt in the same condition by my person, or may be or appears to have occurred on, in connection with, or around the Equipment After an Incident, Customer it was received, less Ordinary Wear and Tom and free of any hazardous materials and contaminants. The Rental Period and this Contract shall (a) immediately notify the police and Sunbelt; (b) ware and malntor the Equipment and the surrounding premiss in the shall not terminate and rental uh sga shall continue to accrue until Sunbelt confirms that the Equipment is reamed in the condition condition existing at the time of such Incident, until Sunbelt and/or its designees investigate such Incident; (c) immediately after receipt required herein. If Sunbelt delivered the Equipment to Customer, Customer shall notify Sunbelt that the Equipment is ready to be picked submit to Sunbelt copies of all police or other third petty reports and notify Sunbelt of ary other reports; and (d) pay Sunbelt, in addition up at the Site Address and obtain a 'pick -up" number from Sunbelt evidencing such call "Pidt Up Number'); provided Customer to other sums due herein the rental rate for Equipment until the repairs we completed or Equipment replaced plus (i) the mmufactrer's remains liable for my loss of or damage to the Equipment until Sunbelt madras Wan the Equipment is rerrmed in the condition list price m the date of the loss ('7HSLP') of the lost or destroyed Equipment ("lost" being when Equipment's location is unknown, or required herein (which Pick Up Number Customer should keep for its records as proof of such call). No pickups occur on Sundays and Customer is enable to recover for a period of 30 days); or (u) the full cost of repairs of damaged Equipment. Accrued rental charges Saturday pickups we dependent an specific Store hours. If Customer picked up Equipment, Customer small ram Equipment to the shall not be applied against such additional anoints. Sunbelt shag have the immediate right, but not obligation, to reclaim my same Store during that Store's normal business hours. Any loss of or damage to the Equipment resulting from a term other than as see Equipment involved in my Incident. forth above shall be Customer's sole responsibility. If the Equipment is not returned by the estimated end ofthe Rental Period specified m the front of this Contract, in addition to the charges see forth in this Contract, Customer agrees to pay the applicable rental rate for the 7' NO NO WARRANTIES. Smbdt do not design or mmufsonme the Equipment and is not the agent of the parries) that do. Equipment until the end ofthe Rental Period. SUNBELT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY 15. DEFAULT. Customer shall be in default if Customer: (a) fails to pay sums when due; (b) breaches my provision of this PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN "AS IS, Contract; (c) becomes a debtor in a bankruptcy proceeding, or goes into receivashi p; (d) de the Equipment fa risk if Sunbelt, in WHERE IS" BASIS, WITH "ALL FAULTS" AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT. good faith, dams itself insecure, (e) fails to term Equipment immediately upon Sunbelt's demand; or (f) is m wider der any other CUSTOMER ASSUMES ALL RUSKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT FROM ANY contract with Sunbelt. If a Customer default ocars, Sunbelt shall have, in addition to all rights and remedies at law or in equity, the AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, right to enter the Site Addres or wherever the Equipment is located and repossess the Equipment without judicial process or prior INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS notice. Customer shall pay all of Sunbelt's costs, including reasonable costs of collection, corm onsts and money's fees, incurred in OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS exercising my of its rights or remedies herein. The use of false identification to obtain Equipment or the failure to totem Equipment by HEREIN. the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT FOR SUCH ENTRY OR 8. RELEASE AND INDEMNIFCCATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER REPOSSESSION. INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH COUNSEL APPROVED BY SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND 16. FINANCING, This Cmtmrt a all of Customer's rights in and to the Equipment me subject and subordinate to all rights, title EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO and interest of all persons (including, Sunbelt's seared lenders) who have financed or [eased the Equipment or provided financing to ANY INCIDENT, ANY DAMAGE TO PROPERTY. INJURY TO, OR DEATH OF, ANY PERSON OR ANY Sunbelt. CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD 17. LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF SUNBELT'S RENTAL OF THE OR BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR EQUIPMENT TO CUSTOMER, CUSTOMER AGREES THAT SUNBELT'S LIABILITY WITH RESPECT TO THIS OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SUNBELT'S OR ANY THIRD PARTY'S COMPARATIVE, ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER'S INDEMNITY CONCURRENT CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANN' OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART OF STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES UNDER THIS CONTRACT. THAT THIS RELEASE AND INDEMNIFICATION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. 18. JURY TRIAL, WAIVER. TO THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET THE TERMS OF THIS CONTRACT, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND 9. INSURANCE. During the Rental Permit, Customer shall maintain, w its own expense, the following minimum insurance coverage: INTENTIONALLY WAIVE ANY RIGHT THEY MAY RAVE TO A TRIAL BY JURY, THIS WAIVER BEING A (a) general liability insurance of not less than $1,000,000 per oavrrmce, including but not limited to, coverage for Customer's MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS CONTRACT. contractual liabilities herein (including the release and indemnification clause contained in Section 8); (b) if the RPP (defined below) is not elected and paid for, property insurma against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof; 19. COMPLIANCE WITH EXPORT AND IMPORT LAWS. Customer acknowledges and agrees that removal ofthe Equipment (c) worker's compensation insurance as required by law, and (d) if she Equipment is to be used on my madway, automobile liability and from the United States is prohibited under this Agreement. If Customer desires to transport or cause the rmspon of the Equipment physical damage insurance (including comprchensive and collision coverage, a nonowned vehicle endorsement and outside ofthe United States and/or to operate the Equipment outsde ofthe United States, Customer must notify Sunbelt prior to taking uninsured/unde irsured motorist coverage), in the same amounms sd forth in subsections (a) and (b). Such policies shall be primary (and such action and, subject to agreement by Sunbelt, a separate Rider to this Agreement shall be executed and the tosms of such Rider shat not on an mcess hasis), on an occurrence basis, name Sunbelt s an additional insured and has payee, and provide for Sunbelt to receive be incorporated herein. Although prohibited under this Agreement, if Customer exports or re- exports the Equipment, Customer at least 30 days prim written notice of my cancellation or material change in such coverage. Customer shall provide Sunbelt with acknowledges its understanding that the Equipment is subject to export control laws and regulation of the United States government, certificates of msurmce evidencing the coverages required above prim to my rental and my time upon Sunbelt's request (falime to including but not limited to the Export Administration Regulations, and that Customer is responsible for complying with such laws and provide such certificates may constitute a breach of this Contract). THE INSURANCE REQUIRED HEREIN DOES NOT regulations. Customer further acknowledges thin it is responsible for: (a) duxemming whether export or reexport licenses or other RELIEVE CUSTOMER OF ANY OF CUSTOMER'S RESPONSIBILITIES, INDEMNIFICATION OR OTHER authorizations are required, (b) obtaining my required license(s), an hinizedion(s), or droz roentatiew prior to exporting or reexporting OBLIGATIONS HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR OTHERWISE. the Equipment, (c) obtaining my required documentation necessary for return of the Equipment, and (d) ensuring no mauthofized transims or divisions of the Equipment occur. Refer to www.bis doe env for information. 10. RENTAL PROTECTION PLAN "RPP if Customer has elated the RPP and the Equipment is lost, stolm, damaged or destroyed, provided the Conditions are amisfied and an Exclusion does not apply, then Customer's repair or replacement responsibility 20. MISCELLANEOUS. If this Contras identifies any Equipment that is to be purchased by Customer, Sunbelt sells and delivers in Sections 5 and 6 is modified by the RPP and Sunbelt shag limit the anoint Sunbelt collects from Customer for the Equipment loss, such Equipment to Customer on an "AS IS, WHERE IS" basis, with all faults and without my warrantis (other than manufacturer damage or destruction to the following asmunts: (a) 100% of the MSLP for Equipment stolen from a secure location (being defined as warranties, ifmy) in consideration fm Customer's payment to Sunbelt ofthe full purchase price ofthe Equipment. Sunbelt reams title under lock and key with only Customer having access thereto); (b) 50% ofthe MSLP for Equipment stolen from an assured location; to the Equipment until Customer has paid in full. This Comma: (a) together with my Customer executed credit application, constitutes (c) 50% ofthe cost of repairs for incidental or accidental damage to Equipment less the greater of 5500 or I(1 ofthe MSLP; (d) 50-1. of the entire agrcemert of the ponies regarding the Equipment and may not be modified except by written anendment signed by the th e MSLP of destroyed yed Equipment less the greater of 5500 10% of MSLP; (e) costs in excess of $50 for tire puncture repairs, if patties; and (b) shall be governed by the laws of the State of North Carolina, without regard to conflicts of law eg y t If any dispatched by Sunbelt (exclude, am fo filled tires, demolition demolition firs and fire replacement, e attire cost of rq/o m r d/a rgrlaecmmr provision provision of this Co prohibited is by law in my store, such provision shall, as to such toe, be ineffective ive to e stmt ent of such being Customer's responsibility in such events); and (f) nothing for the rental charges which would otherwise accrue during the period prohibition without invalidating the remaining provisions. Headings in this Contract are for convenience only. Any failure by Sunbelt to when damaged or destroyed Equipment is being repaired or replaced by Sunbelt or, for lost or molt Equipment, after Sunbelt receives insist upon stria performance of my provision of this Contract shall not be wesru d as a waiver of the right to demand stria the police report. THE RPP IS NOT INSURANCE AND DOES NOT PROTECT CUSTOMER FROM LIABILITY TO performance in the future Customer, and the person signing this Contract, represents thin: (i) they both have fit] authority to excvte, SUNBELT OR OTHERS ARISING OUT OF POSSESSION OR OPERATION OF THE EQUIPMENT, INCLUDING INJURY deliver and perform this Contract; and (ii) this Contract constitute a legal, valid and binding obligation of Cusiomm, enforceable in OR DAMAGE TO PERSONS OR PROPERTY. accordance with its less. When Customer is a buyer of Equipment, they are hereby notified that Sunbelt has assigned its rights (but not h. RPP Conditions. The following 'Condition" must be satisfied fn the RPP to apply. (A) Customer accepts the RPP; (B) its obligations) in the agreement to sell the assails) described herein to Smbelt Rentals Exchange, Inc., a qualified intermediary, as pat Customer pays 14% of the gross rental charges as the fee for the RPP; (C) Customer fully complis with the arms of this afSooni m 1031 exchange. Contract; (D) Customer's summit t is current the time ofthe loss, thed, damage or destruction ofthe Equipment; and (E) none of the Exclusions apply. RNTOUTP2P /RNT9 (Rev 0 412 510 8) Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Sunbelt Rentals Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) r, HoseiRope Kit w wage $335.00 Total 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 Clerk- Treasurer VOUCHER NO. WARRANT NO. 09%08 Sunbelt Rental ALLOWED 20 IN SUM OF P.O. Box 409211 Atlanta, 84 -9211 ON ACCOUNT OF APPROPRIATION FOR GENERALFUND 1205 Administration Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the 120 2 dnaterials or services itemized thereon for which charge is made were ordered and 120E 17096513 389 fir received except 20 Si tur Cost distribution ledger classification if Title claim paid motor vehicle highway fund