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HomeMy WebLinkAbout156836 02/21/2008 CITY OF CARMEL, INDIANA VENDOR: 00352369 Page 1 of 1 1 ONE CIVIC SQUARE SUNBELT RENTALS CHECK AMOUNT: $125.40 CARMEL, INDIANA 46032 PO BOX 409211 ATLANTA GA 30384 -9211 CHECK NUMBER: 156836 CHECK DATE: 2/21/2008 DEPARTMENT ACCOUNT PO NUMB INVOICE NUMBE AMOUNT DESCRIPT 905 4353099 137337,22 -001 95.76 OTHER RENTAL LEASES 905 4353099 13914848 -001 29.64 OTHER RENTAL LEASES INVOICE SEND ALL PAYMENTS TO: SUNBELT RENTALS 13 733722 -00 SUNBELT R ent PO BOX 409211 ATLANTA, GA 30384 -9211 72326 RENTALS 1/10/08 PAGE 1 of 1 INVOICE TO RECEIVED BY CONTRACT NO. 1oz- 2830 2e97 HIGGINS, BOB 13733722 m BROOKSHIRE GOLF CLUB PURCHASE ORDER NO. ru 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 NR I�In{ �IInIlnn�l {mIImIImIlnu {I� {nlul�lllnnn JOB NO. 1 BROOKSHIRE GOLF JOB ADDRESS BRANCH BROOKSHIRE GOLF CLUB FISHERS, IN 12120 BROOKSHIRE PARKWAY L- !SCNVlL- �E -RD —T CARMEL --IN -46033 11 120 AL FISHERS, IN NVILL 1837 317 501 -2146 317 849 -2119 QTY EQUIPMENT Min Day Week 4 Week Amount 1 CABLE LOCATOR 84.00 84.00 210.00 630.00 42.00 179326 Make: DITCH WITC Model: 950RT Ser 8263004/8264012 Billed from 1109/08 thru 1/10/08 1 LARGE EEL 42.00 42.00 105.00 315.00 42.00 LB440 Make: ELEC EEL Model:. Ser 440 RENTAL PROTECTION PLAN 11.76 FINAL BILL: 1/09/08 09:43 AM.THRU 1/10/08 09:02 AM. Equipment qea ce. Guaranteed. 95.76 REMIT TO:3 NET DUE UPON RECEIPT SUNBELT RENTALS Invoices not paid within 30 days may be subject 95.76 PO BOX 409211 to a 1 /z% per month charge. ATLANTA, GA 30384 -9211 RENTAL RETURN PC 394 11120 ALLISONVILLE RD FISHERS, IN 46038 -1837 317- 849 -2119 1$ i 3033$4..2 a.: v::>:.::.;:.;:.;::.:.:::.:::.::.:;:::::::.:::.::.;::.: ���������I��I���O�I�������� c .....1.3733722 xx C# 01............................ sal. �.1 8.:::.:: x.43. Aft(E..:;::.: OG .......1�1 8�tt ?(a.t��,s�-I1 :��.:PAR1�1difAl� .:.CAftRtf DU X 21.... .....H.(C S O .......:::ax>._ .............a�a ...:..:.:.We k:........ .:W k.............Am t........... ..........at r............... 1 CABLE LOCATOR 84.00 84.00 210.00 630.00 42.00 179326 Make: DITCH WITC Model: 950RT Ser 8263004/8264012 Billed from 1/09/08 thru 1/10/08 1 LARGE EEL 42.00 42.00 105.00 315.00 42.00 LB440 Make: ELEC EEL Model: Ser 440 RENTAL PROTECTION PLAN 11.76 Sub- total: 95.76 FINAL BILL: 1/09/08 09:43 AM THRU 1/10/08 09:02 AM. Total: 95.76 rrs° rrrtrsaFaawts■ trtcs�tewa° taaaa�wter°; rt+ tietr° ar�strr (esatar•aaa °x °a °s °(t °a� °s+tr °era °ar *r °s Rate your rental experience www.sunbeltsurvey.com You could win $500, visit site for complete rules and eligibility. e so a s= ti 4 o. a o a •o• o o a 7. 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 dud" 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 we 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 r use of the Equi do trot the E s quipment and contact Sunbelt Wnmodiatery. 5. Misuse of tre Er_ or using or:dfimctioorlZ Egwpment may result in serious bodily Injury or death. 6. Customer must call to request pickup of Customer has ad. read, uncle and agrees to the estimated clharges harem aced ag ffie term arhd wnditons of this Contract, including the Release and Indemnification provision in Section 8. i 7. Equtlunent, retain Piclt Up Number ghren by Sunbah and is responsible for Equipment until actually retrieved by Sunbelt. Customer Is d*c Wing Rental Protection Plan (Customer Initials) BOB HIGGINS CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbeltrentids.com RNTRETZr (Rev 011031081 S UNB E LT Page 1 of 1 0 I 11 RENTALS PC 394 R81171t 70 11120 ALLISONVILLE RD Sunbelt Rentals, !nc FISHERS, IN 46038 -1837 PO Q3ox 4... 317- 849 -21 19 Atlanta, GA 30384 9211 .fab::S�ae{ i s:;;... RENTAL BROOKSH... GOLF CLl#B 121 BROOKSH R#* AR#CWAY` :i: III 1111111111111111111111111111 III CARME'L, 1iV 46Q33 s:::: Invoice 13733722: 001 C# 3:17 $46 7431 J# 3:17 5, 1 2146 voice date 111/fl8 Date.: out 1/t39.ffl8......;9 43 AM C;uStem.er 72.326 A ate jn 1 9 02 AM $R0<?ICSH[RE GbL� CLUB.....;.... CAFiNi. Jab Loc. 1212Q BR(3:OKSHIRE PARKW Job Na 9 BFi00K5HIRE GOLF 11 121:2© SRQCQK$Hl;RE PARKVI!A'1! CARMEL,..iN 46fl33 P D IVR I. Ordered .,ly. H GG S, NET :DUI_ 'UPON: RECEI'P ..'QTY QU1I?MEN`I: z»::::: Min Day; Week 4 Week Amount 1 CABLE LOCATOR 84.00 84.00 210.00 630.00 42.00 179326 Make: DITCH WITC Model: 950RT Ser 8263004/8264012 Billed from 1/09/08 thru 1/10/08 1 LARGE EEL 42.00 42.00 105.00 315.00 42.00 LB440 Make: ELEC EEL Model: Ser 440 RENTAL, PROTECTION PLAN 11.76 total: 95.76 Total: 95.76 FINAL BILL: 1/09 J 7� A �A,�-; I J i rrrrrrrrrrrrrrrrrrrrrrrrwwrwwrrwwrrrwrrrrrrrrrwwwwrrrwrrrrrr r •.,.,.._..Trrrrr *r *wrr r *rrrrr *rrrrrrr *wrrrrr Rate your rental experience www.sunbeltsurvey.com You could win $500, visit site for complete rules and eligibility. 0 0 0 0 0 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 Equippment, do not operate the Equipment and contact Sunbelt immediately. 5. Misuse of the Equipment or using dame ed 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) BOB HIGGINS CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE wr www.sunbeltrentals.com rr RNTRETV (R- 01103108) ADDITIONAL TERMS AND CONDITIONS 'ts 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 the RPP to app)y:;(A) Customer accepts Contract. All of the terms herein are incorporated into all future contracts between Sunbelt and Customer upon the RPP; (ll) Customer pays 14% of the gross rental charges as the fee for the RPP; (C) 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) Customers 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 IE) none of the Exclusions apply. executed Customer credit application or additional terms which are required by law) shall be void and deemed ii. RPP Exclusions. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP 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 Customers authorized employee or any dishonest act by Customer; IBI 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 manufacturers instructions, of 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 (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; (G) 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; 1H) 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 this Contract, if lost stolen Equipment is later confirm that the Equipment is in good condition, without defects, includes readable decals and operating and recovered, neither Customer nor Customers insurance company shall have any y ownership rights to it, safety manuals and is suitable for Customers intended use; (b) any apparent agent at the Site Address is regardless of any payments made by Customer b Customers insistence company with respect Customer agrees to promptly return any E any E u such authorized to accept delivery of the Equipment (and if Customer requests early morning delivery, Customer Equipment, all -refunda ble. of which payments are nonqui pment 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 lost damaged, stolen, unsafe, disabled or iv. Subrogation. Sunbelt shall be subrogated to Customer's rights to recover against any person or entity malfunctioning, defects are discovered, the Equipment is levied upon or threatened with seizure, or if an Incident relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign (defined be owl occurs; (d) Customer has received from Sunbelt all information needed or requested regarding the Sunbelt all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to operation of the Equipment; (e) Sunbelt is not responsible for providing operator or other training unless Customer Sunbelt whatever documents are required and take all other necessary steps to secure in Sunbelt such rights. specifically the and pays for training that Sunbelt has agreed to provide (Customer being responsible to 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); If) 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 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 (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 given (so that the Rental Period ends on the date the Pick Up Number is given), provided Customer has otherwise er alter, disfigure, or cover up any numbering, lettering, decals, or Insignia on the Equipment or remove any operation or safety manuals; Ibl 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 if the Equipmis used in excess of the above number of hours or the estimated Rental Period, and if so used, Customer shall Day 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 ce with fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and licenses, fees and tax based on Customer's use of the E 0 delivery and Equipment; lit) delive pickup costs to and from the cleaning accordance the manufacturers specifications (all other maintenance or repairs may only be St es ore; (iii) maintenance, repairs and replacements to the Equipment as provided herein; fiv) 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; Iv) fees for lost keys; Ni) 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 overnment 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 Customers 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 charge(s) and applicable federal, state and/or local is Customers 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 la) repair or replace Equipment damaged by Customers 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 (bf 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. Customers 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; Icf 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 the end of the Rental Period, the Equipment shall be returned to Sunbelt in the same condition it sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus (i) the wss received. less Ordinary West and Test and 6ce of any hazardous materials and c.artanaents The Rental Period and this manufacturers list price on the date of the loss "MSLP") of the lost or destroyed Equipment ("lost" being when Contract shall rut terminate and rental charges shall continue to accr until Sunbelt couf —i that 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 deliwred the Equipment to Customer, 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 picked up at the Sim Address and obtain a "pick -up' number from Sunbelt evidercing 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 loss of or damage to the Equipment until Sunbelt confirms that the Equipment is returned in the 7. condition required herein (which Pick Up Number Customer should keep for its records as proof of such call). No pickups occur on pa NO WARRANTIES. Sunbelt does not design manufacture the Equipment and is not the agent of the partyliesl that do. SUNBELT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR Sundays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return IMPLIED, WITH RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS Equipment to the same Store during that Store's normal business haws. Any loss of or damage to the Equipment resulting from a FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN return other than as set forth above shall be Customer's sole responsibility. If the Equipment is rut returned by the estim w end of AS ANY WHERE IS" BASIS, WITH "ALL FAULTS' AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST the Rental Period specified on the from of this Contract, in additive to the charges set forth in this Contract, Customer agrees to pay the SUNBELT. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT applicable rectal rate for the Equipment until the end of the Rental Period. FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND 15. DEFAULT. Customer shall be in default if Customer: (a) fags m p sums when due; (b) breaches any provision of this Contract; SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, (c) becomes a debar in a bankruptcy proceeding, or goes into receivership; (d) places the Equipment at risk if Sunbelt, in good faith, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS deems itself insecure; (e) fails to rcrumn Equipment immediarely upon Sunbelt's demand; or (f) is in default under any other cormset HEREIN. with Sunbelt. If a Customer default occurs, Suobeit shall have, in addition to all rights and remedies at law or in equity, the right to 8. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER enter the Site Address or wherever the Equipment Is located and reposes'° the Equmpnent without judicial process or prim notice. INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH Customer shall pay all of Sunbelt's costs, ieludigg reasonable costs of collection, court costs and attorrey's feein:urred in exercising COUNSEL APPROVED BY SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND any of Its rights or mmedes herein' The use of false identification to obtain Equipment or the failure to return Equipment by the end EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO of the Rental Period may be considered theft, subject to criminal prosecution end civil liability where permlium, ptnsuant inapplicable ANY INCIDENT, ANY DAMAGE TO PROPERTY, INJURY TO, OR DEATH OF, ANY PERSON OR ANY laws. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT FOR SUCH ENTRY OR REPOSSESSION. CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR 16. FINANCING. This Contract and all of Cwtomei s rights in and to the Equipment are subject and subordinate to all rights, tide 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 fmsmciug 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 ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY, CUSTOMER'S INDEMNITY 17. LIMITATION OF SUNBELT'S LIABILITY. IN CONSIDERATION OF SUNBELT'S RENTAL OF THE EQUIPMENT TO OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART OF CUSTOMER, CUSTOMER AGREES THAT SUNBELT'S LIABILITY WITH RESPECT TO THIS CONTRACT, INCLUDING THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES ANY LIABILITY ARISING FROM SUNBELT'S OR ANY THIRD PARTY'S COMPARATIVE, CONCURRENT 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 l8. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET insurance coverage: lal 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 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, mea nt, in an amount at least equal to the MSLP thereof; and Icl 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 to be purchased by Customer, Sunbelt sells and delivers 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, with all faults and without any warmmies (other than manufacturer set forth in subsections laf and (b). Such policies shall be primary land not on an excess basis), on an occurrence warranties, if any) in consideration for Customer's payment to Sunbelt of the full purchase price of the Equipment. Sunbelt resins basis, name Sunbelt as an additional insured and loss payee, and provide for Sunbelt to receive at least 30 days title to the Equipment until Customer 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 constitutes the entire agreement of the parties regarding the Equipment and may not be [modified except by written amendment signed certificates of insurance evidencing the coverages required above prior to any rental and any time upon Sunbelt's by the parties; and (b) shall be governed by the laws of the Sate of North Carolina, without 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 sate, such provision shall, w to such sate, be ireff tiw 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 Sunbelt to insist upon strict performance of any provision of this Contract shall not be construed as a waiver of the right to &—rat OTHERWISE. strict Performance in the future. Customer, and the person signing this Contract, represent that: (i) they both haw full authority to 10. RENTAL PROTECTION PLAN "RPP If Customer has elected the RPP and the Equipment is lost, stolen, execute, deliwr and perform this Contract; and (ii) this Contract constitutes a legal, valid and binding obligation of Customer, damaged or destroyed, provided the Conditions are satisfied and an Exclusion does not apply, then Customers enforceable in accordance with is 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: la) 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; Id) 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. RNTRET2T /RNT8 lit- 01/031081 INVOIC.: SEND ALL PAYMENTS TO- SUNBELT RENTALS INVOICE NO. 13914848 -001 Rem PO BOX 409211 SUNBELT ATLANTA, GA 30384 -9211 qoj, 72326 RENTALS 1/24/08 PAGE 1 of 1 INVOICE TO RECEIVED BY CONTRACT NO. toz- 2968 -3045 HI GGINS, BOB 13914848 cr BROOKSHIRE GOLF CLUB PURCHASE ORDER NO. ru 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 BOB IiIi�LIIiiIInn�Iliiill��illnillinilliliiliilillliinnlll JOB NO. 1 BROOKSHIRE GOLF JOB ADDRESS BRANCH BROOKSHIRE GOLF CLUB NOBLESVILLE 12120 BROOKSHIRE PARKWAY CARMEL, IN 46033 18000 CUMBERLAND ROAD NOBLESVILLE, IN 46060 -1625 317- 501 -2146 317 773 -1688 QTY EQUIPMENT Min Day Week 4 Week Amount 1 9'- 11' DRY WALL LIFT 26.00 26.00 63.00 189.00 26.00 269756 Make: BON TOOL Model: 15 -260 Ser 88327 Billed from 1/24/08 thru 1/24/08 RENTAL PROTECTION PLAN 3.64 FINAL BILL: 1/24/08 08:50 AM THRU 1/24/08 03:21 PM. 4 F �0� Equipment SeMc e. Guaranteed. 29.64 REMIT TO: NET DUE UPON RECEIPT SUNBELT RENTALS Invoices not paid within 30 days may be subject MY 29.64 PO BOX 409211 to a 1 -'/2% per month charge. ATLANTA, GA 30384 -9211 RENTAL RETURN S U NBE LT Page 1 of 1 azEivzAas Remit To: PC 219 Sunbelt Rentals: Inc. 18000 CUMBERLAND ROAD NOBLESVILLE, IN 46060 -1625 PO Box 4 ;1 317 773 1688 Atlanta GA 30384.9211 Job Slte: RENTAL RETURN !BROOKSHIRE GOLF CLUB II I�III��IIIIIII��IIIII�II�IIIIII 12120 BROOKSHIFiE PARKWAY CARMEL, .IN 46033 Invoice 13914848 -001 C #...317 846 7431: J 317- 50:1 -2146 Invoice date 1 /24/08 Date out...: 1/24/08 _;8:50 AM Customer 72326 Date in 1 /24L 3 21 PfVI BROOKSHIRE GOLF CLUB Job Loc 12 120 BRO:OKSH1.'RE PARKWAY, CARM 12120 BROOKSHIRE PARKWAY Job, No 1 BROOKSHIRE GOLF CARMEL IN! 4603.3 P O. BOB Ordered By,.. HIGGINS, :BOB NETDUE UPON RECEIPT QTY EQUIPMENT Min Day 4 Week Amount 1 9' 11' DRY WALL LIFT 26.00 26.00 63.00 189.00 26.00 269756 Make: BON TOOL Model: 15 -260 Ser 88327 Billed from 1/24/08 thru 1%24/08 RENTAL PROTECTION PLAN 3.64 Sub total: 29.64 Total: 29.64 FINAL BILL: 1/24/08 08:50 AM THRU 1/24/08 03:21 PM. Rate your rental experience www.sunbeitsurvey.com You could win $500, visit site for complete rules and eligibility. 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 R. 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) BOB HIGGINS CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE www.sunbeltrentals.com RNTRET2T (Re 01/03108) ADDITIONAL TERMS AND CONDITIONS I. 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 the RPP 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 IE) none of the Exclusions apply. executed Customer credit application or additional terms which are required by law) shall be void and deemed rr. RPP Exclusions. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP 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); (EI 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; (G) 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 rema inthe 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 NiJT 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 patty 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 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 Ad 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 that is recovered. authorizes Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (c) 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 destruction or destruction to the Equipment. Customer shall cooperate with, h, 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; (e) Sunbelt is not responsible for providing operator or other [raining unless Customer specifically requests and pays for training that Sunbelt has agreed to provide (Customer being responsible to 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); Ifl 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); Igl 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 Iccal 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 secu.e 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 (a) alter, disfigure, or cover up any numbering, lettering, decals, or given Iso that the Rental Period ends on (he 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; (0 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; le) 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 S. MAINTENANCE. Customer shall perform routine maintenance of the Equipment, including routine inspections used in excess of the above number of hours or the estimated Rental Period, and if so used, Customer shall pay and maintenance of fuel and oil levels, grease, filters, cooling system, water, batteries, cutting edges, and additional fees. In addition to the rental rates and other fees for the Equipment, Customer is responsible for (i) all cleaning accordance with the manufacturer's specifications (all other maintenance or repairs may only be licenses, fees and taxes based on Customer's use of the Equipment; (iiI delivery and pickup costs to and from the 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; (yi) 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 (vii) an environmental char a (desi of [he Equipment until the repairs are completed. "Ordinary Wear and Tear" means normal deterioration considered 9 e ned to cover Sunbelt's direct and indirect 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 se[ 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 IDEFINED 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 in 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; Ic) immediately after receipt submit to Sunbelt copies of all on IJ. RETURN OF EQUIPMENT. At rlre nd ,+i rite Rental Pori,d, the F, ew ,IvJI k returned m Sun ante co belt in the ulir i it police or other third party reports and notify Sunbelt of any other reports; and Ill pay Sunbelt, n addition to other i,cl, k„ Onl nut Wcar artd Tear ctrl free of any ITT—d—, in rial, and nnvanl-n- The Rcnlal Perini and chi+ manufacturer's list price on the date of the loss "MSLP "1 of the lost or destroyed Equipment ("lost" being when sums due herein the rental ate for Equipment until the repairs are completed or Equipment replaced plus (i) the C nnr:acr ,hall rxn tenniii,tc and rental cluree..ITAI cnntinue I„ .,c, a unlil cu turn, chit dic f .yuipn tent i+ J in the Equipment's location is unknown, or Customer is unable to recover for a period of 30 days); or lit) the full cost of cordrrion rcyuirc I+ereiu. It Sunbeh delivered dlc Egmp nvu. m Cu.umic" Cu.t,uncr'hall unity Sunbeh Thal tlm Equil,mcnc i, ready repairs of damaged Equipment. Accrued rental charges shall not be applied against such additional amounts. m Iv picked up al die Sire Add and a "pick up" number front Sunbeh eviden mg well call "Pick Up Nutlet pu,vided Sunbelt shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident. C. r n liable ha a y 1+„, of or d: cage u, nc� Equipme until Suuhch c firms char W c e Equipm r remnxd in dic condition required herein (w'hich Pick Up Nwnhcr C,,uo r slnwld keep to, it. «•cords a. pnx „t.uch call). No pickup, on 7. NO WARRANTIES. Sunbelt does not design or manufacture the Equipment and is not the agent of the Sunday, ­d S:uurday pickup, an, kNodcul r 'f —ifi, Store hour. If Cuaon+cr picked up Equilancm. Cu „met hall rc tint party(ies) [ha[ do. SUNBELT DISCLAIMS ANV AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR Fyuil In rlre ,ante Store during char Srorc', ix n:J bu,inrc„ hour.. Au)' lo„ ,+f or J:onage t„ rho f :yuil,mcm re�ulriug tn,n+ n IMPLIED, WITH RESPECT TO THE EQUIPMENT ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS odmr Than h al o v hall Ie Cu,wnI- sde rc irp. If the Equipmnn 1 .or marred h) t e he in+amd end of FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN ncc n Rcmal Pe Ti l r-iri d on dic !,Dill of chi. Comm. in addition u, nc, charec, set forth in rhT C Cmh +met aer, u, pan "AS IS, WHERE IS" BASIS, WITH "ALL FAULTS' AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST ncc a, licahle rc iul rate ha nc� r until dic end of the Renrl Pe6,,J. SUNBELT. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT Ip yuipnnen FROM ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND I:, I7FFA 111: I'. Cua, +rarer .lull he inr Ja :nu1, it Cuaonic, I.) I:ll, ro pay ,u wl,eu due: (h) hreach :a IT,, ny lvo i,io. of ,III C,unn,cr: SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, (c) hccvane, a dchmr in a hankruprcy p- -ding. or g+es inv —n—hip: nd) place, nc� Equlpmenr :u ri,k if Suuhrlr, in e I�irh. ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF SUNBELT'S OBLIGATIONS )germ i If iu,ecure: (c) tail ro rerun, Equipnrem ann diaMr itp SunhOC, demand: or Ii) i, in Jd;ul d oth t order :urp er contract HEREIN. with Sunbeh. It a Cu,t,nner dcfaulr ,cent,. Suuhelt ,hull hare, III addilmu u, all rigly, and renieJie, in law or I,. Ili, h eyuin, ,e right enter Il+e Sire Add—, or „ierc rhe Fyuipnwm is h+c,acd and rcpo„e,s dic Equipment with„., judicial Pnx prior n. l B. RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER Customer ,hall 1.) ell of Sunbeh ",ram,, ittcl.ding rcaauublc cosy of collolou. c o.rr c,n,, and znorncp', f hnaurn,d in ­,Liking INDEMNIFIES, RELEASES, HOLDS SUNBELT HARMLESS AND AT SUNBELT'S REQUEST, DEFENDS (WITH any of its rights or n, i die, herein. The use of tak, idemifi -time w, obuth, Equipmen, or do Failure I return Equipment hr the end COUNSEL APPROVED By SUNBELT) FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND of the Renrd Peri,xl .ray k comidrreJ Theft, suhjecf u, crimiml pn„ecutiou and civil liahiliry where permitted, pur>uant ro :npplicnble EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO Cu WAIVES ANN' RIGHT OF ACTION AG.AI NS1' SUNBELT FOR SUCH E I—c i ni 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. Thi, Contract and all nt Cuaonwr rigln, in and rhe Eglupmcu, arc >.bj— and -1—di.— ,o all rigln,. tide CONNECTED WITH THE USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD it into „tall pc..ona lincluding. Sunbeh', ,c,.,cd Inden) w'ho ha,e to.nkcd or lea rhe Equipment „r p-,WJ mt nicing to OR BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OR Su.l OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER'S INDEMNITY 17, LIN11 IA PION OF S(JN'BFLT'S LIABILI'TN'. IN CONSIDERATION OF SUNBELT'S RENTAL OF THE EQUIPMENT 'I'O OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART OF CUSTOMER. CUSTOMER AGREES 'ITA I SUNBELT'S LIABILI'll' WITH RESPECT TO THIS CONTRACT. INCLUDING THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES ,ANN LIABILI'T'Y ARISING FROM SUNBELT'S OR ANN' THIRD PARTY'S COMPARATIVE. CONCURRENT 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 .ANN' 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 IS JURY TRIAL WAIVER. TO THE EX'ITNT 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 IHI- TERMS OF THIS CONTRACT. '1'1117 PARTIES HEREBY KNOWINGLY. VOLUNTARILY AND INTENTIONALLN' limited to, coverage for Customer's contractual liabilities herein (including the release and indemnification clause WAIVE AN) RIGHI"THEN' MAY HAVE TO A TRIAL BN' JURN', '('HIS 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. It this Conrran idenrific, any Equipnwnr Thar i, m he purclw,cd by C- timer. Sunbelt ,ell, and Lich—, coverage, a non -owned vehicle endorsement and uninsured IT motorist coverage), in the same amounts uch Equipin t ,Customer ou an "AS IS. WHERE IS" ha,i, with all timhs a withuw a :.vie, (odwr than manuhmrmer set forth in subsections (a) and (b). Such policies shall be primary land not on an excess basis), on an occurrence amie,, if ant) in niJcrarion To, Cuaonwr', payment to Sunhch of the full punt— prig A,f nc� Equipnrcut. Sunbeh rc basis, name Sunbelt as an additional insured and loss payee, and provide for Sunbelt to receive at least 30 days ride In 11, Equip1 r 111 c utnil Cu,nnoa lu, paid in full. This C,ntrace (a) n cabs wab aI,, Customer e. cored credit x)ry prior w'if'e" notice of any cancellation or material change to such coverage. Customer shall provide Sunbelt with n rhe cnrire ,gnci, of ncc pin6c, regarding rhe Fyuipment and may trot he audit ieJ cxcep, by written anre+dntena +i wl a certificates of insurance evidencing the coverages required above prior to any rental and any time upon Sunbelt's hv rhe paste,: and (b),hali he emcnicd by rhe law. of rhe State of :N,+nli C: +r„liru, without regard aw in) cniflict, of l principle,. request (failure to provide such certificates may constitute a breach of this Contract). THE INSURANCE I I am' pn r of chi, Comracr i, pn,hibTLd hr law in uch pn t ,hall. a, m ­h ,raw, he inKfkcti,e m 'IT, "t, It „1 REQUIRED HEREIN DOES NOT RELIEVE CUSTOMER OF ANY OF CUS'TOMER'S RESPONSIBILITIES, ,u.h pn 11khou, in,-alidatine the remaining provii. Heading, in hi, C'o.,ract arc It co.—ii —c only. Anr failure h, INDEMN I F IC At ION OR OTHER OBLIGATIONS HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR Sunbelt ru in,'br upon aria perh,nn:uce ul :uw pu"i'mo of chi, Cnnn+c. ,hall trot be ­­­d a waiter of dre rich, I,, deutaud OTHERWISE. rill rcillnruttx in tlrc turn— Cu,r,aner, riot rhe p"-I ,igning Ili, Contrac, rep,c —a chat: ii) they i di lute full ,ull ivy r„ 10. RENTAL PROTECTION PLAN "RPP'(. If Customer has elected the RPP and the Equipment is lost, stolen, ecuw. ddi,e a m r and pcdt I tint, Coracr: and iii) rhi, Contrw n t c,nuruc, a I,gul. ,:did and hinding obligation of Cu,tonncr. damaged or destroyed, provided the Conditions are satisfied and an Exclusion does not apply, [hen Customer's cut"t—hlc in accorJanrce with i„ te, In,. 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); Ib) 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; Id) 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, [he entire cost of repair and /or replacement being Customer's responsibility in such events); and lfl 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. TIKE 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. RNTRET2T)9NTS (Rev 01103108) Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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)) 1373 37a,� oor 9,S 7G 1 U8 1 3 9 /L/ gy 00/ a G Total 0 2 5 L/O 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. ALLOWED 20 IN SUM OF pa ON ACCOUNT OF APPROPRIATION FOR —G Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or OS 3733 a� .3099 95,7 bill(s) is (are) true and correct and that the OS 139 y9yd O 1 530 9 materials or services itemized thereon for which charge is made were ordered and received except 20 D� J Siama ture Cost distribution ledger classification if Title claim paid motor vehicle highway fund