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HomeMy WebLinkAbout158145 04/01/2008 CITY OF CARMEL, INDIANA VENDOR: 00352369 Page 1 of 1 ONE CIVIC SQUARE SUNBELT RENTALS CHECK AMOUNT: $76.12 CARMEL, INDIANA 46032 PO BOX 409211 'tie ATLANTA GA 30384 -9211 CHECK NUMBER: 158145 r CHECK DATE: 4/1/2008 DEP ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 905 4353099 14486548 -002 76.12 OTHER RENTAL LEASES INVOICE SEND ALL PAYMENTS TO: SUNBELT RENTALS INVOICE NO. 14486548 -002 PO BOX 409211 SUNBELT ATLANTA, GA 30384 -9211 M 72326 RENTALS n 3/11/08 PAGE 1 of 1 INVOICE TO RECEIVED BY CONTRACT NO. s 1oz- 2774 -2851 HIGGINS, BOB 14486548 r BROOKSHIRE GOLF CLUB PURCHASE ORDER NO. ru 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 N/R IJnI�IInIIn�nIIn�IIn�IIn�II�n�II�Inlulilll�i��nlll JOB NO. 1 BROOKSHIRE GOLF JOB ADDRESS BRANCH BROOKSHIRE GOLF CLUB NOBLESVILLE 12120 BROOKSHIRE PARKWAY 18000 CUMBERLAND ROAD CARMEL, IN 46033 NOBLESVILLE, IN 46060 -1625 317- 501 -2146 317- 773 -1688 QTY EQUIPMENT Min Day Week 4 Week Amount 1 20" CHAIN SAW 37.80 63.00 158.00 473.00 63.00 263231 Make: STIHL Model: 044 20IN Ser 161528776 Billed from 3/10/08 thru 3/11/08 1 GAS CAN 3.00 3.00 9.00 14.00 3.00 1 CHAIN SAW WRENCH N/C SALES ITEMS: Qty Item number Unit Price ENVIRONMENTAL EA .880 .88 ENVIRONMENTAL RENTAL PROTECTION PLAN EA 9.24 FINAL BILL: 3/10/08 09:00 AM THRU 3/11/08 07:51 AM. 03 -24 -08 A11:13 IN �3 Ega,oupmento SeMc e..Guaranteed. 76.12 REMIT TO: NET DUE UPON RECEIPT SUNBELT RENTALS Invoices not paid within 30 days may be subject 76.12 PO BOX 409211 to a 1 %z% per month charge. ATLANTA, GA 30384 -9211 RFNTAI RFTIIRN k4bw SU Page of 1 PC 219 Remit To 18000 CUMBERLAND ROAD Sunbelt Rentals!, Inc NOBLESVILLE, IN 46060 -1625 P� BOX 409211 317 773 -1688 Atlanta GA 30384 9211 Job Site: RENTAL RETURN BROO,KSHIRE GOLF CLUB III IIIIIIIIIIIIIIIIIIIIIIIIII IIIII 12.120 BRO.OKSHME PARKWAY CARMEL, IN 4603:3 Invoice 1448;6548 -002 C 7:846 -74311 J 3:17 -5011- 2146 Invoice date 3111 /08 Date out.: /10 3 9 QO AM Customer: ..72326 Date', In 3/1 1 /,08 Z; 51 A.IVI BROOKSHIRE GOLF CLUB Job Loc 1212'0 BROOKSHIRE PARKWAY CARM 12120 BROOKSHIRE PARKWAY Job No 1 BROOKSHIRE GOLF CARMEL 1N`. 46033 P.O.' N/R Ord.e.:red By HIGGINS, BOB N ET. :DUE UPON RECEIPT QTY EQUII?MENT MinDay Week 4 Week Amount 1 20 CHAIN SAW 37.80 63.00 158.00 473.00 63.00 263231 Make: STIHL Model: 044 20IN Ser 161528776 Billed from 3/10/08 thru 3/11/08 1 GAS CAN 3.00 3.00 9.00 14.00 3.00 1 CHAIN SAW WRENCH N/C SALES ITEMS: Qty Item number Unit Price 1 ENVIRONMENTAL EA .880 .88 ENVIRONMENTAL 1 RENTAL PROTECTION PLAN EA 9.24 Sub- total: 76.12 Total: 76.12 FINAL BILL: 3/10/08 09:00 AM THRU 3/11/08 07:51 AM. Rate your rental experience www.sunbeitsurvey.com You could win $500, visit site for complete rules and eligibility. o ee a e• e• a •e e• •o e e e e 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) HIGGINS,BOB CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbettrentals.com RNTRET2T 1R,, 01 /03/081 ADDITIONAL TERMS AND CONDITIONS 1. TERMS. Customer's rental of the Equipment is conditioned upon Customer's agreement with the terms of this i. RPP Conditions. The following "Conditions" must be satisfied for tlr ;`i to apply: (A) Customer accepts Contract. All of the terms herein are incorporated into all future contracts between Sunbelt and Customer upon the RPP; (B) Customer pays 14% of the gross rental charges as the fee for the RPP; ICI Customer fully Customer's use of Sunbelt's equipment under those contracts, without objection, unless subsequently modified in complies with the terms of this Contract; (D) Customer's account is current at the time of the loss, theft, writing by Sunbelt. Any reference in Customer's purchase order or any other Customer document (except for any damage or destruction of the Equipment; and (E) none of the Exclusions apply. executed Customer credit application or additional terms which are required by law) shall be void and deemed n. RPP Exclusions. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPF does rejected. "Customer" is identified on the front of this Contract and includes any representatives, agents, officers NOT cover the loss, theft, damage or destruction resulting from such Exclusion. "Exclusions" shall mean or employees of Customer and anyone signing this Contract on their behalf. "Equipment" is the equipment and /or loss, theft, damage or destruction of the Equipment: (A) due to possession and /or operation of Equipment by services identified on the front of this Contract, together with all replacements, repairs, additions, attachments a person other than Customer or Customer's authorized employee or any dishonest act by Customer; (B) due and accessories thereto. Customer represents that the "Site Address" is the location where the Equipment will be to the Equipment's operation in a manner inconsistent with the manufacturer's instructions, or contrary to located throughout the Rental Period and is identified on the front of this Contract. "Store" is the Sunbelt store this Contract, including but not limited to the Equipment exceeding rated capacity, being overloaded, misuse, location identified on the front of this Contract. "Sunbelt" is Sunbelt Rentals, Inc. and its affiliated companies, abuse, negligence, improper servicing or lack of Customer required maintenance; (C) due to the Equipment's their respective officers, directors, employees and agents. collision, overturning, upset, rolling over or striking overhead objects; (D) caused by vandalism, malicious mischief, disappearance, loss, theft or wrongful conversion of Equipment not reported by Customer to the 2. RENTAL CONTRACT. Sunbelt hereby rents to Customer and Customer rents from Sunbelt the Equipment police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to pursuant to this Contract. Customer shall pay Sunbelt the rental rates lincluding any minimum rental identified on Sunbelt); (E) occurring during the loading, unloading or transportation of the Equipment; (F) due to flood, the front of this Contract) and other charges described herein when due, return the Equipment to Sunbelt as wind, storm, earthquake or other external causes; Q) due to nuclear reaction, radiation, radioactive required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment (a) is and contamination, exposure and /or contamination with or from hazardous materials or any other cause; (H) due shall remainthe personal property of Sunbelt; (b) shall not be considered affixed to real property; and (c) shall be to seizure or destruction of Equipment by order of governmental authority; and (I) accessories, which are not maintained by Customer such that the Equipment may be removed without damaging any building or property. being charged the RPP fee. THE EXCLUSIONS ARE RISKS ASSUMED BY CUSTOMER AND ARE NOT 3. PERMITTED USE. Customer agrees that Sunbelt has no control over the manner in which the Equipment is COVERED BY THE RPP. operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. iii. Recovery of Equipment. If the Equipment is recovered at a later date, Sunbelt retains ownership of the Customer warrants that (a) prior to each use of the Equipment, Customer has or will inspect the Equipment to Equipment. Notwithstanding anything to the contrary in this Contract, if lost or stolen Equipment is later good condition, without defects, includes readable decals and operating and recovered, neither Customer nor Customer's insurance company shall have any ownership rights to it, confirm that the Equipment ns in safety that and is suitable for Customer's intended use; any apparent agent at the Site Address is regardless of any payments made by Customer or Customer's insurance company with respect to such authorized to accept delivery of the Equipment land if Customer requests early morning delivery, Customer Equipment, all of which payments are non refundable. Customer agrees to promptly return any Equipment authorizes Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (c) that is recovered. Customer shall immediately notify Sunbelt if the Equipment is last damaged, stolen, unsafe, disabled or v. Subrogation. Sunbelt shall be subrogated to Customer's rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign malfunctioning, defects are discovered, the Equipment is levied upon or threatened with seizure, or if an Incident Sunbelt all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to (defined below) occurs; Id) Customer has received from Sunbelt all information needed or requested regarding the Sunbelt whatever documents are required and take all other necessary steps [o secure in Sunbelt such rights. operation of the Equipment; (e) Sunbelt is not responsible for providing operator or other training unless Customer specifically requests and pays for training that Sunbelt has agreed to provide (Customer being responsible to obtain all training that Customer desires from third parties if Sunbelt does not provide such training, prior to the 11. RENTAL PERIOD. "Rental Period" commences when the Equipment is delivered to Customer or the Site Address Equipment use); (f) only authorized individuals shall use and operate the Equipment "authorized individuals" being and continues until the Equipment is returned to the Store during normal business hours, provided Customer has those who are familiar with and properly trained to use the Equipment and who are not under the influence of otherwise complied with this Contract and the Equipment is in the condition required herein. Sunbelt may terminate drugs or alcohol); (g) the Equipment's use shall he in a careful manner, in compliance with all operation and safety this Contract at any time, for any reason, after the estimated Rental Period identified on the front of this Contract. manuals and other instructions provided on, in or with theEquipment and all Federal, State and local laws and If Customer elects for Sunbelt to pick up the Equipment, the day Customer calls Sunbelt and receives a Pick Up licenses, including but not limited to, OSHA, as revised; and (h) the Equipment shall be kept in a secure location. Number (defined below), Customer may receive a credit for the rental charges from the date the Pick Up Number is 4. PROHIBITED USE. Customer shall not lab alter, disfigure, or cover up any numbering, lettering, decals, or given (so that the Rental Period ends on the date the Pick Up Number is given), provided Customer has otherwise insignia on the Equipment or remove any operation or safety manuals; (b) assign its rights under this Contract; (c) complied with this Contract and the Equipment is in the condition required herein. move the Equipment from the Site Address without Sunbelt's written consent of the new location; (d) 12. RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer's intentionally damage the Equipment; (e) use the Equipment in a negligent, reckless, illegal, unauthorized or representation of the estimated Rental Period identified on the front of this Contract (rental rates beyond the abusive manner nor allow the operation of the Equipment for an illegal purpose or by any unauthorized individual estimated Rental Period may change); and (b) for the Equipment's use for "one shift" being not more than 8 hours (Customer acknowledging that the Equipment may be dangerous If used improperly or by untrained parties). per day and 40 hours per week unless the daily rental rate shall apply. Customer shall notify Sunbelt if the Equipmis used in excess of the above number of hours or the estimated Rental Period, and if so used, Customer shall pay 5. MAINTENANCE. Customer shall perform routine maintenance of the Equipment, including routine inspections additional fees. In addition to the rental rates and other fees for the Equipment. Customer is responsible for (i) all and maintenance of fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and licenses, fees and taxes based on Customer's use of the Equipment; (ii) delivery and pickup costs to and from the cleaning accordance with the manufacturer's specifications (all other maintenance or repairs may only be Store; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if the performed by Sunbelt, but Sunbelt has no responsibility during the Rental Period to inspect or perform any Equipment is returned uncleaned; (v) fees for lost keys; (vi) fuel used during the Rental Period (Customer may either maintenance or repairs unless Customer requests a service call). If Sunbelt determines that repairs to the return the Equipment fully fueled or a fuel charge shall be assessed (designed to cover Sunbelt's direct and indirect Equipment are required, other than Ordinary Wear and Tear, Customer shall pay the full cost of repairs and rental costs of refueling the Equipment)); and NO an environmental charge (designed to cover Sunbelt's direct and indirect of the Equipment until the repairs are completed. "Ordinary Wear and Tear" means normal deterioration considered costs of handling and disposing of wastes and hazardous materials). The environmental charge is not a government reasonable in the equipment rental industry for one shift use. Sunbelt has the right to enter, inspect and observe mandated charge. Payment for all estimated charges is due at the time of rental, in cash or by a credit card, unless the use of the Equipment wherever located. Customer has the authority to and hereby grants Sunbelt the right to Sunbelt approves Customer's executed credit application. enter the physical location of the Equipment for the purposes set forth herein. Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment 13. PAYMENT. Customer is liable for and shall pay all rental chargels) and applicable federal, state and /or local is Customer's exclusive remedy for Sunbelt's breach of this Contract. Notwithstanding Sunbelt's service taxes, without any offsets, deductions or claims, in full no later than the end of the Rental Period, or if an approved commitment, Sunbelt shall have no obligation to (a) repair or replace Equipment damaged by Customer's breach credit customer, upon receipt of Sunbelt's invoice. Customer must notify Sunbelt in writing of any disputed of this Contract or other misuse, abuse or neglect; or ih) stop the Rental Period, commence repairs or rent other amounts, including credit card charges, within 15 days after the receipt of the invoice /contract or Customer shall be equipment to Customer until Customer or Customer's insurance company has inspected such Equipment and deemed to have irrevocably waived its right to dispute such amounts and the amounts shall be deemed final and agreed to pay or paid for such costs. binding. At Sunbelt's discretion, any credit account with a delinquent balance may be placed on a cash basis, 6. CUSTOMER LIABILITY FOR DAMAGE AND LOSS. CUSTOMER ASSUMES DURING THE RENTAL PERIOD deposits may be required and the Equipment picked up without notice. Due to the difficulty in fixing actual (DEFINED BELOW) ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY AND OPERATION OF AND damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or FULL RESPONSIBILITY FOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Deposits are only RENTAL CHARGES. LOSSES, DAMAGES AND DESTRUCTION, INCLUDING TRANSPORT, LOADING AND required to be returned after all fees and expenses paid in full. Customer agrees that if a credit card is presented to UNLOADING. "Incident" is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or pay for charges or to guarantee payment, Customer authorizes Sunbelt to charge the credit card the estimated property, claimed by any person, or may be or appears to have occurred on, in connection with, or around the charges specified in this Contract, any required security deposit and all additional charges subsequently incurred by Equipment. After an Incident, Customer shall (a) immediately notify the police and Sunbelt; (b) secure and Customer, including but not limited to, loss of or damages to the Equipment. Customer's obligations to return and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until pay for the amounts due herein shall survive the Rental Period and termination of this Contract. Sunbelt and /or its designees investigate such Incident; (c) immediately after receipt submit to Sunbelt copies of all police or other third party reports and notify Sunbelt of any other reports; and (d) pay Sunbelt, in addition to other 14. RETURN OF EQUIPMENT. At dx and of the Renul Period, the Equipment shall be returned m Sunbelt in the same corxlition it sums due herein the in the rental rate for Equipment until the repairs are completed or Equipment replaced plus (it t h e received, less Ordinary Wes and Tea and free of any hazardous material and contaminants. The Rental Period and this Contra n n s1.11 not terminate and rental charges shall continue to accrue until Sunbelt confirms that the E tai melt is returned manufacturer's list price on the date of the loss "MSLP "1 of the lost or destroyed Equipment 1 "lost" being when g q P Equipment's location is unknown, or Customer is unable to recover for a period of 30 days); or (ii) the full cost of condition required herein. If Sunbelt delivered the Equipment to Costumer, Customer shall notify Sunbelt that the Equipment is ready repairs of damaged Equipment. Accrued rental charges shall not be applied against such additional amounts. to be Flicked up at the Site Address and obtain a "pick -up" number from Sunbelt evidencing such call "Pick Up Number provided Sunbelt shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident. Customer remains liable for any k,ss of or damage to the Equipment until Sunbelt conirim flat the Equipnx r is retuned in the condition required herein (which Pick Up Number Customer should keep for iu records a-s paof of such call). No pickups ,wcur on 7. NO WARRANTIES. Sunbelt does not design or manufacture the Equipment and is not the agent of the Sunday, and Saturday pickups are d 1 Su re on specific Store (ours. If Cu f picked Equipment, er .shall return party liesl that do. SUNBELT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR Equipment to the 11 same St during flat Sto's normal business hours. Any I ,,ss o f or damage a. the Equipment melt resnhine from a IMPLIED, WITH RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS return other than as .set firth above shall he Custunner's .sole responsibility. If tit, Equipment is Equipm is tot returned by the estimated end of FOR AY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN the Rental Period specified on he front of this Contract, in addition to the charges set forth in this Contract, Customer agrees to pay "AS IS, WHERE IS" BASIS, WITH ALL FAULTS" AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST the app;icahle rental rate for the Equipment until the end of the Rental Period. SUNBELT, CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND 15. DEFAULT. Customer shall he in default if Customer (a) fails n, rely sums when due; (h) breaches any provision of dais Contract SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, (c) becomes a debt,,, in a hankrtgacy proceeding, or goes into receivership; (d) places de Equipment at risk if Smnl,elt, in gad taith, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS deems itself insecure; (e) fails to return Equipment immediately upon Sunhelt's denand; m, (t) is in default under any alxr contract HEREIN. with Sunbelt. If a Customer default occurs, Sunbelt shall have, in addition w all rights aid remedies at law or in equity, the right fo 8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER ter the Site Address or wherever the Equipment is located ad repossess the Equipment without judicial process or prior notice. INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH Customer slall pay all of Sunhelt's axis, including reasntable costs of collection, court costs and anornney's teeincurred in exercising COUNSEL APPROVED BY SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND any of its rights o truly herein. d d use of false o fil pr to ubuin Equipment or the failure nt return Equipment by tlic end of the Renal Period ay lx considered then, subject criminal prosecution and civil liability where permitted, pursua to applicable EXPENSES INCLUDING ATTORNEY'S FEES AND EXP OWEVER ARISING INCURRED, RELATED TO haws. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT FOR SUCH ENTRY OR REPOSSESSION. ANY INCIDENT, ANY DAMAGE TO PROPERTY, INJURY NJURY T0, OR DEATH OF, ANY PERSON OR ANY CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR 16. FINANCING, This Contract and all of Customer's rights in and to the Equipment are subject and sulorditate to all rights, title CONNECTED WITH THE USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD and interest of all persons (including. Sunbelt's secured lenders) who have financed or leased the Equipment or provided financing to OR BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR Sunbelt. OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN 17 LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF SUNBELT'S RENTAL OF THE EQUIPMENT TO ACCORDANCE WITH THE DOCTRINE OF STRICT E CUSTOMER, CUSTOMER AGREES THAT SUNBELT'S LIABILITY WITH RESPECT TO THIS CONTRACT, INCLUDING ABSOLUTE LIABILITY. CUSTOMER'S INDEMNITY THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART ES ANY LIABILITY ARISING FROM SUNBELT'S OR ANY THIRD PARTY'S COMPARATIVE. CONCURRENT THIS SECTION E DETERMINED INVALID A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS RELEASE AND INDEMNIFICATION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR BY LAW. ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. 9. INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum 18. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including but not THE TERMS OF THIS CONTRACT, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY limited to, coverage for Customer's contractual liabilities herein fincluding the release and indemnification clause WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY. THIS WAIVER BEING A MATERIAL INDUCEMENT FOR contained in Section 8); (b) if the RPP (defined below) is not elected and paid for, property insurance against loss THE PARTIES ENTERING INTO THIS CONTRACT. by all risks to the Equipment, in an amount at least equal to the MSLP thereof; and (c) if the Equipment is to be used on any roadway, automobile liability and physical damage insurance (including comprehensive and collision 19. MISCELLANEOUS. If this Contract identifies any Equipment that is no toe purchased by Custonner, Sunbelt sells and delivers coverage, a non -owned vehicle endorsement and uninsured /underinsured motorist coverage), in the same amounts .h Equipnne m to Cuuome, on an "AS IS, WHERE IS" Fasts with all faults and without any warranties (oiler than manufacturer set forth in subsections (a) and (b). Such policies shall be primary (and not on an excess basis), on an occurrence antics, if any) in 'idenuion for Cusnn..c payment n, Sunlah of the full purchase price of the Equipment. Sunbelt retains basis, name Sunbelt as an additional insured and loss payee, and provide for Sunbelt to receive at least 30 days late the Equipox mil Customer has paid io full. This Con (a) together cu er will, any Custonner e ed credit application. prior written notice of any cancellation or material change in such coverage. Customer shall provide Sunbelt with ablates the entire agree of the Parties regarding the Equipment and nay tot he nadified except by w,itmn ant"dment signed certificates of insurance evidencing the coverages required above prior to any rental and any time upon Sunbelt's by to ponies: and (h) shall h he t govcned by the laws of the State of North Carolina, without regard to any codlicts of law priteiples. request (failure to provide such certificates may constitute a breach of this Contract). THE INSURANCE If any p,,,, n of this Confrxct is prohibited by law in any oue owl, pro m s h shall, as such sate. be inxftective m, Ile extent of REQUIRED HEREIN DOES NOT RELIEVE CUSTOMER OF ANY OF CUSTOMER'S RESPONSIBILITIES, such to without invalidating the remaining Provision,. Heading, in ,is Contra. am fur comveui"er ally. Any failure by INDEMNIFICATION OR OTHER OBLIGATIONS HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR Sunbelt w insist upon strict performance of any provision of this Contract shall not ix, w,strued as a waiver of the righu to denand OTHERWISE. strict performance in file future. Customer, and the persh th signing this Contra represent tat: (i) they Moth lave full authority to 10. RENTAL PROTECTION PLAN "RPP If Customer has elected the RPP and the Equipment is lost, stolen, ecute, deliver and perform this Conrract and (ii) thisConnae, constitutes a legal, valid aid binding obligation of Customer, damaged or destroyed, provided the Conditions are satisfied and an Exclusion does not apply, then Customer's enforceable in accordance with its terns. repair or replacement responsibility in Sections 5 and 6 is modified by the RPP and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss, damage or destruction to the following amounts: (a) 10% of the MSLP for Equipment stolen from a secure location (being defined as under lock and key with only Customer having access thereto); bbl 50% of the MSLP for Equipment stolen from an unsecured location; (c) 50% of the cost of repairs for incidental or accidental damage to Equipment less the greater of $500 or 10% of the MSLP; (d) 50% of the MSLP of destroyed Equipment less the greater of $500 or 10% of MSLP; (e) costs in excess of $50 for tire puncture repairs, if dispatched by Sunbelt (excludes foam filled tires, demolition tires and tire replacement, the entire cost of repair and /or replacement being Customer's responsibility In such events); and (f) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Sunbelt or, for lost or stolen Equipment, after Sunbelt receives the police report. THE RPP IS NOT INSURANCE AND DOES NOT PROTECT CUSTOMER FROM LIABILITY TO SUNBELT OR OTHERS ARISING OUT OF POSSESSION OR OPERATION OF THE EQUIPMENT, INCLUDING INJURY OR DAMAGE TO PERSONS OR PROPERTY. RNTRE T2TIRNT81Rev 01 I03I081 Page 1 of 1 gtE;vTf>�s SUIV,BELT RENTALS-INC PC 219 18000 CUMBERLAND ROAD Salesman: <21905 BEYER,JOSEPH (219) NOBLESVILLE, IN 46060 -1625 317 773 -1688 TYp:ed By SPFAFMAN Job Si te RENTAL OUT BROOKSHIRE GOLF CLUB III IIIIIIIIIIIIIIII�IIIIIIIII IIIII 1212.0 BROOKSHIRE PARKWAY XX CARMEL, IIV! 46033 Contract 14486548;: C 317 84'6 7431: J 3!17 501 -2146 Contract dt. 3110/0$ Date. out....:... 9:00 AM Customer 72326 Est etu n 3/1 110$ 9 00 AM r r BROOKSHIRE GOLF CLUB Job Loc 12120 BROOKSHIRE PARKWAY, CARM Job No 1 BROOKSHIRE GOLI= 12120 6130 KSHtRE PARKWAY P.O. ,...N /R CARMEL, IN. 46033 Ordered By; HtGGINS, BOB X. NET:;DUE UPON RECEIPT QTY EQUIPMENT;: Min Day Week: 4 SnTeeh Amount 1 20 CHAIN SAW 37.80 63.00 158.00 473.00 63.00 245767 Make: STIHL Model: 036QS /MS360QS Ser 260912781 1 GAS CAN 3.00 3.00 9.00 14.00 3.00 1 CHAIN SAW WRENCH N/C SALES ITEMS: Qty Item number Unit Price 1 ENVIRONMENTAL EA .880 .88 ENVIRONMENTAL 1 RENTAL PROTECTION PLAN EA 9.24 Sub- total: 76.12 Total: 76.12 Hate your rental experience www.sunbeltsurvey.com You could win $500, visit site for complete rules and eligibility. o ee o o• e e e e o a e e e e e 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 t is'nosuitable 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) HIGGINS,BOB CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbeltrentals.com RNTOUTP2T IRe 02 113/081 ADDITIONAL TERMS AND CONDITIONS 1. TERMS. Customer's rental of the Equipment is conditioned upon Customer's agreement with the terms of this i. RPP Conditions. The following "Conditions" must be satisfied for thZNFPP to apply: (A) Customer accepts Contract. All of the terms herein are incorporated into all future contracts between Sunbelt and Customer upon the RPP; (B) Customer pays 14% of the gross rental charges as the fee for the RPP; IC) Customer fully Customer's use of Sunbelt's equipment under those contracts, without objection, unless subsequently modified in complies with the terms of this Contract; (D) Customer's account is current at the time of the loss, theft, writing by Sunbelt. Any reference in Customer's purchase order or any other Customer document (except for any damage or destruction of the Equipment; and (E) none of the Exclusions apply. t. executed Customer credit application or additional terms which are required by law) shall be void and deemed n. RPP Exclusions. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RAI does rejected. "Customer" is identified on the front of this Contract and includes any representatives, agents, officers NOT cover the loss, theft, damage or destruction resulting from such Exclusion. "Exclusions" shall mean or employees of Customer and anyone signing this Contract on their behalf. "Equipment" is the equipment and /or loss, theft, damage or destruction of the Equipment: (A) due to possession and /or operation of Equipment by services identified on the front of this Contract, together with all replacements, repairs, additions, attachments a person other than Customer or Customer's authorized employee or any dishonest act by Customer; (B) due and accessories thereto. Customer represents that the "Site Address" is the location where the Equipment will be to the Equipment's operation in a manner inconsistent with the manufacturer's instructions, or contrary to located throughout the Rental Period and is identified on the front of this Contract. "Store" is the Sunbelt store this Contract, including but not limited to the Equipment exceeding rated capacity, being overloaded, misuse, location identified on the front of this Contract. "Sunbelt" is Sunbelt Rentals, Inc. and its affiliated companies, abuse, negligence, improper servicing or lack of Customer required maintenance; (C) due to the Equipment's their respective officers, directors, employees and agents. collision, overturning, upset, rolling over or striking overhead objects; 1D) caused by vandalism, malicious mischief, disappearance, loss, theft or wrongful conversion of Equipment not reported by Customer to the 2. RENTAL CONTRACT. Sunbelt hereby rents to Customer and Customer rents from Sunbelt the Equipment police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to pursuant to this Contract. Customer shall pay Sunbelt the rental rates (including any minimum rental identified on Sunbelt); (E) occurring during the loading, unloading or transportation of the Equipment; (F) due to flood, the front of this Contract) and other charges described herein when due, return the Equipment to Sunbelt as wind, storm, earthquake or other external causes; 1G) due to nuclear reaction, radiation, radioactive required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment al is and contamination, exposure and/or contamination with or from hazardous materials or any other cause; IH) due shall remainthe personal property of Sunbelt; (b) shall not be considered affixed to real property; and (c) shall be to seizure or destruction of Equipment by order of governmental authority; and (1) accessories, which are not maintained by Customer such that the Equipment may be removed without damaging any building or property. being charged the RPP fee. THE EXCLUSIONS ARE RISKS ASSUMED BY CUSTOMER AND ARE NOT 3. PERMITTED USE. Customer agrees that Sunbelt has no control over the manner in which the Equipment is COVERED BY THE RPP. operated Burin the Rental Period by Customer or any third party that Customer ice licit) or explicit) i. Recovery of Equipment. If the Equipment is recovered at a later date, Sunbelt retains ownership of the opera g p y y permits. Equipment. Notwithstanding anything to the contrary in this Contract, if lost or stolen Equipment is later Customer warrants that: (a) prior to each use of the Equipment, Customer has or will inspect the Equipment to confirm that the Equipment is in good condition, without defects, includes readable decals and operating and recovered, neither Customer nor Customer's insurance company shall have any ownership rights to it, safety manuals and is suitable for Customer's intended use; (b) any apparent agent at the Site Address is regardless of any payments made by Customer or Customer's insurance company with respect to such authorized to accept delivery of the Equipment (and if Customer requests early morning delivery, Customer Equipment, all of which payments are non refundable. Customer agrees to promptly return any Equipment authorizes Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (c) that is recovered. iv. Subrogation. Sunbelt shall r to Customer's rights to recover against any person entity Customer shall immediately notify Sunbelt if the Equipment is lost damaged, stolen, unsafe, disabled or relating to any loss, theft, damage debtor or destruction to the Equipment. Customer shall cooperate with, assign malfunctioning, defects are discovered, the Equipment is levied upon or threatened with seizure, or if an Incident Sunbelt all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to (defined below) occurs; (d) Customer has received from Sunbelt all information needed or requested regarding the Sunbelt whatever documents are required and take all other necessary steps to secure in Sunbelt such rights, operation of the Equipment; (el Sunbelt is not responsible for providing operator or other training unless Customer specifically requests and pays for training that Sunbelt has agreed to provide (Customer being responsible to pnh 11. RENTAL PERIOD. "Rental Period" commences when the Equipment is delivered to Customer or the Site Address obtain all training that Customer desires from third parties if Sunbelt does not provide such training, prior to the Equipment use); (f) only authorized individuals shall use and operate the Equipment "authorized individuals" being and continues until the Equipment is returned to the Store during normal business hours, provided Customer has those who are familiar with and property trained to use the Equipment and who are not under the influence of otherwise complied with this Contract and the Equipment is in the condition required herein. Sunbelt may terminate drugs or alcohol); (g) the Equipment's use shall be in a careful manner, in compliance with all operation and safety this Contract at any time, for any reason, after the estimated Rental Period identified on the front of this Contract. manuals and other instructions provided on, in or with theEquipment and all Federal, State and local laws and If Customer elects for Sunbelt to pick up the Equipment, the day Customer calls Sunbelt and receives a Pick Up licenses, including but not limited to, OSHA, as revised; and ON the Equipment shall be kept in a secure location. Number (defined below). Customer may receive a credit for the rental charges from the date the Pick Up Number is 4. PROHIBITED USE. Customer shall not (al alter, disfigure, or cover up any numbering, lettering, decals, or given (so that the Rental Period ends on the date the Pick Up Number is given), provided Customer has otherwise insignia on the Equipment or remove any operation or safety manuals; (b) assign its rights under this Contract; Icl complied with this Contract and the Equipment is in the condition required herein. move the Equipment from the Site Address without Sunbelt's written consent of the new location; (d) 12. RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer's intentionally damage the Equipment; (e) use the Equipment in a negligent, reckless, illegal, unauthorized or representation of the estimated Rental Period identified on the front of this Contract (rental rates beyond the abusive manner nor allow the operation of the Equipment for an illegal purpose or by any unauthorized individual estimated Rental Period may change); and (b) for the Equipment's use for "one shift" being not more than 8 hours (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). per day and 40 hours per week unless the daily rental rate shall apply. Customer shall notify Sunbelt it the Equipmis used in excess of the above number of hours or the estimated Rental Period, and if so used, Customer shall pay 5. MAINTENANCE, Customer shall perform routine maintenance of the Equipment, including routine inspections additional fees. In addition to the rental rates and other fees for the Equipment, Customer is responsible for (i) all and maintenance of fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and licenses, fees and taxes based on Customer's use of the Equipment; (ii) delivery and pickup costs to and from the cleaning accordance with the manufacturer's specifications (all other maintenance or repairs may only be Store; (iii) maintenance, repairs and replacements to the Equipment as provided herein; liv) a cleaning fee if the performed by Sunbelt, but Sunbelt has no responsibility during the Rental Period to inspect or perform any Equipment is returned uncleaned; (v) fees for lost keys; (vil fuel used during the Rental Period (Customer may either maintenance or repairs unless Customer requests a service call). If Sunbelt determines that repairs to the return the Equipment fully fueled or a fuel charge shall be assessed (designed to cover Sunbelt's direct and indirect Equipment are required, other than Ordinary Wear and Tear, Customer shall pay the full cost of repairs and rental costs of refueling the Equipment)); and NO an environmental charge (designed to cover Sunbelt's direct and indirect of the Equipment until the repairs are completed. "Ordinary Wear and Tear" means normal deterioration considered costs of handling and disposing of wastes and hazardous materials). The environmental charge is not a government reasonable in the equipment rental industry for one shift use. Sunbelt has the right to enter, inspect and observe mandated charge. Payment for all estimated charges is due at the time of rental, in cash or by a credit card, unless the use of the Equipment wherever located. Customer has the authority to and hereby grants Sunbelt the right to Sunbelt approves Customer's executed credit application. enter the the location of the Equipment for the purposes set forth herein. Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment 13. PAYMENT. Customer is liable for and shall pay all rental charge(s) and applicable federal, state and /or local is Customer's exclusive remedy for Sunbelt's breach of this Contract. Notwithstanding Sunbelt's service taxes, without any offsets, deductions or claims, in full no later than the end of the Rental Period, or if an approved commitment, Sunbelt shall have no obligation to (a) repair or replace Equipment damaged by Customer's breach credit customer, upon receipt of Sunbelt's invoice. Customer must notify Sunbelt in writing of any disputed of this Contract or other misuse, abuse or neglect; or (b) stop the Rental Period, commence repairs or rent other amounts, including credit card charges, within 15 days after the receipt of the invoice /contract or Customer shall be equipment to Customer until Customer or Customer's insurance company has inspected such Equipment and deemed to have irrevocably waived its right to dispute such amounts and the amounts shall be deemed final and agreed to pay or paid for such costs. binding. At Sunbelt's discretion, any credit account with a delinquent balance may be placed on a cash basis, 6. CUSTOMER LIABILITY FOR DAMAGE AND LOSS. CUSTOMER ASSUMES DURING THE RENTAL PERIOD deposits may be required and the Equipment picked up without notice. Due to the difficulty in fixing actual (DEFINED BELOW) ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY AND OPERATION OF AND damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or FULL RESPONSIBILITY FOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Deposits are only RENTAL CHARGES, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING TRANSPORT, LOADING AND required to be returned after all fees and expenses paid in full. Customer agrees that if a credit card is presented to UNLOADING. "Incident" is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or pay for charges or to guarantee payment, Customer authorizes Sunbelt to charge the credit card the estimated property, claimed by any person, or may be or appears to have occurred on, in connection with, or around the charges specified in this Contract, any required security deposit and all additional charges subsequently incurred by Equipment. After an Incident, Customer shall (a) immediately notify the police and Sunbelt; (b) secure and Customer, including but not limited to, loss of or damages to the Equipment. Customer's obligations to return and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until pay for the amounts due herein shall survive the Rental Period and termination of this Contract. Sunbelt and /or its designees investigate such Incident; (c) immediately after receipt submit to Sunbelt copies of all police or other third party reports and notify Sunbelt of any other reports; and W) pay Sunbelt, in addition to other 14. RETURN OF EQUIPMENT. At the end of the Rental Period, the Equipment shall be returned to Sunbelt in the same c,nditio. a sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus (i) the wa. ac'eived, less Ordinary Wea and Tear and free of any hazardous materials and cu rounitants. The Rental Period and this manufacturer's list price on the date of the loss "MSLP of the lost or destroyed Equipment "lost" being when Comract shill trot rcrmim a ark] rental charges shall continue to accrue until Sunbelt confirms dot the Equipment is returned in the Equipment's location is unknown, or Customer is unable to recover for a period of 30 days); or (ii) the full cost of condition required herein. If Sunbelt delivered the Equipment to Cusn,mer, Customer .shall nwtiry Sunbelt fiat the Equipment is ready repairs of damaged Equipment. Accrued rental charges shall not be applied against such additional amounts. to be picked up at the Site Address and obtain a "pick -up" number from Sunbelt evidencing such call "Pick Up NumEer"): provided Sunbelt shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident. Customer renmins liable for any loss of or damage to the Equipment until Sunhh anllinns that the Equipmma is retuned in the ,edition required herein (which Pick Up Nuunber Customer should keep for its records as proof of such call). No pickups occur on 7. NO WARRANTIES. Sunbelt does not design or manufacture the Equipment and is not the agent of the Sundays and Saturday Pickups are dependent pet on specific e ked Store hours. If Customer pic Equipment. Customer .fall e,­1 part that do. SUNBELT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR Equipment to the same Sure during that Store's normal business hours. Any loss of or dama to the Equipmmt resoling Prom a IMPLIED, WITH RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS noon odor dam as set firth chug .shall he Customnr'x sole responsibility. If the Equipnent is not r.ftn" by the anina[ed c d of FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN the Rernal Period ..,T—ificd on de front of this Contract, in addition to the charges set forth in this Contract, Customer agree, to pay "AS IS, WHERE IS" BASIS, WITH ALL FAULTS" AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST cue applicable rental rate for file Equipment until the end of the Rental Period. SUNBELT. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND 15. DEFAULT. Cusmmat shall be in default if Customer. (a) fails u, pay sums when due; (h) breaches any provision of this Contract-, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, (c) becomes a debtor in a bankruptcy proceeding, or goes into receivership; (d) places dae Equipment at risk if Sanibel,. in gad faith. ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS deems itself ir—me: (e) fails In reurn Equipment immediately upon Sunbelt's demand; or (t) is in default under any other contract HEREIN. with Sunbelt. If a Customer default occurs, Sunbelt shall lave, in addition to all rights and remedies at law or in eyulry, fix right to 8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER enter tan Site Address or ,la ..w, the Equipment is located and repossess the Equipment without judicial process or prior notice. INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH Customer shall pay all of Sunbelt's cents, including reasonable costs of collection, court costs and auorney's feeincurred in exercising any of its rights or remedies herein. The use of false identification n, obtain Equipment or the failure to return Equipmem by the and COUNSEL APPROVED BY SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND of the R-ad Period nay be considered theft, subject to criminal pnneeution and civil liability where permitted, pureuam to applicable EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO laws. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT FOR SUCH ENTRY OR REPOSSESSION. ANY INCIDENT, ANY DAMAGE TO PROPERTY, INJURY TO, OR DEATH OF, ANY PERSON OR ANY CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR 16. FINANCING. This Contract and all of Customer's rights in and to the Equipment are subject and %uboolaote to all rights, title CONNECTED WITH THE USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD and inromst of all persona (including. Sunbelt's secured leaders) who have financed or leased the Equipment or provided financing uh OR BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR Sunbelt. OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN 17 LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF SUNBELT'S RENTAL OF THE EQUIPMENT TO ACCORDANCE WITH THE DOCTRINE OF STRICT ABSOLUTE LIABILITY. CUSTOMER'S INDEMNITY CUSTOMER, CUSTOMER AGREES THAT SUNBELT'S LIABILITY WITH RESPECT TO THIS CONTRACT. INCLUDING OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION THIS CONTRACT. IF ANY PART OF ANY LIABILITY ARISING FROM SUNBELT'S OR ANY THIRD PARTY'S COMPARATIVE, CONCURRENT THIS SECTION DETERMINED INVALID O A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS RELEASE AND INDEMNIFICATION SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY' STRICT OR BY LAW. ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. 9. INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum Ig. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET insurance coverage: dal general liability insurance of not less than $1,000.000 per occurrence, including but not THE TERMS OF THIS CONTRACT, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY limited to, coverage for Customer's contractual liabilities herein (including the release and indemnification clause WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY. THIS WAIVER BEING A MATERIAL INDUCEMENT FOR contained in Section 8); (b) if the RPP (defined below) is not elected and paid for, property insurance against loss THE PARTIES ENTERING INTO THIS CONTRACT. by all risks to the Equipment, in an amount at least equal to the MSLP thereof; and (c) if the Equipment is to be used on any roadway, automobile liability and physical damage insurance fincluding comprehensive and collision 19. MISCELLANEOUS. If this Contract identities any Equipmem[ that is to he purclased by Customer. Sunbelt sells and deliver coverage, a non -owned vehicle endorsement and uninsured /underinsured motorist coverage), in the same amounts such Equipment to Customer on an "AS IS, WHERE IS" basis, will, all faults and without any warrzuies (other than manufacturer set forth in subsections (a) and (b). Such policies shall be primary land not on an excess basis), on an occurrence r amies, if any) it nideratiun for Customer's payment Sunbelt of the full purchase price of the Equipment. Sunbelt retains basis, name Sunbelt as an additional insured and loss payee, and provide for Sunbelt to receive at least 30 days title to Equipment until Castoner has paid in full. This Contract. (a) together with any Customer executed credit application, prior written notice of any cancellation or material change in such coverage. Customer shall provide Sunbelt with onstitures cite entire agree tn ent of ale parties regarding the Equipment atd nay not be modified except by written amendment signed cert ificates of insurance evidencing the coverages required above prior to any rental and any time upon Sunbelt's by the parties; and (h) shall be governed by the laws of the State of North Carolina, wit,an regard to any conflicts of law principles. request (failure to provide such certificates may constitute a breach of this Contract). THE INSURANCE If any provision of this Contract is prohibited by law in any state, such provision shall, as to such state, be ineffective to the extent of REQUIRED HEREIN DOES NOT RELIEVE CUSTOMER OF ANY OF CUSTOMER'S RESPONSIBILITIES, such prohibition without invalidating the remaining provisions. Headings in this Contract are for convenience only. Any failure by INDEMNIFICATION OR OTHER OBLIGATIONS HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR Sunlrlt to insist upon strict performance of any provision of this Contact shall not he construed as a waiver of the right to demand OTHERWISE strict perfia in de future. Customer, and the perso n signing this Contract. represent flat: (it they b lave full mrhori y to 10. RENTAL PROTECTION PLAN If Customer has elected the RPP and the Equipment is lost, stolen, xwure, deliver and perform this Contract, and (ii) this Comract constimros a legal s slid and binding ohligarion of Customer. damaged or destroyed, provided the Conditions are satisfied and an Exclusion does not apply, then Customer's enforceable in accordance with its terms. repair or replacement responsibility in Sections 5 and 6 is modified by the RPP and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss, damage or destruction to the following amounts: (a) 10% of the MSLP for Equipment stolen from a secure location (being defined as under lock and key with only Customer having access thereto); (b) 50% of the MSLP for Equipment stolen from an unsecured location; (c) 50% of the cost of repairs for incidental or accidental damage to Equipment less the greater of $500 or 10% of the MSLP; (d) 50% of the MSLP of destroyed Equipment less the greater of $500 or 10% of MSLP; (e) costs in excess of $50 for tine puncture repairs, it dispatched by Sunbelt (excludes foam filled tires, demolition tires and tore replacement, the entire cost of repair and /or replacement being Customer's responsibility in such events); and (f) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Sunbelt or, for lost or stolen Equipment, after Sunbelt receives the police report. THE RPP IS NOT INSURANCE AND DOES NOT PROTECT CUSTOMER FROM LIABILITY TO SUNBELT OR OTHERS ARISING OUT OF POSSESSION OR OPERATION OF THE EQUIPMENT, INCLUDING INJURY OR DAMAGE TO PERSONS OR PROPERTY. RNTOUTP2TIRNTS IRav 021131081 I Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) f CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 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. ob3sa 9 ALLOWED 20 IN SUM OF 3v3 ON ACCOUNT OF APPROPRIATION FOR 9 c Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or �S I W Boy 3 ©9 76,12-- bill(s) is (are) true and correct and that the DU Z, materials or services itemized thereon for which charge is made were ordered and received except 3 �5 206 ��nat e Cost distribution ledger classification if Title claim paid motor vehicle highway fund