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Home My WebLink About211930 08/14/2012 F CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $1,973.97 CARMEL, INDIANA 46032 410 W CARMEL DRIVE CARMEL IN 46032 CHECK NUMBER: 211930 CHECK DATE: 8/14/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4231100 144 .46 BOTTLED GAS 2201 4232100 589 . 24 GARAGE & MOTOR SUPPIE 2201 4239012 259 . 61 SAFETY SUPPLIES 2201 4239030 319 . 96 TRAFFIC SIGNS 2201 4353099 567 . 20 OTHER RENTAL & LEASES 601 5023990 235402 6 . 84 OTHER EXPENSES 2201 4238900 238045 9 . 00 OTHER MAINT SUPPLIES 2201 4238900 238154 25 . 18 OTHER MAINT SUPPLIES 601 5023990 238252 31 . 58 OTHER EXPENSES 601 5023990 238355 20 . 90 OTHER EXPENSES RUNYON EQUIPMENT RENTAL 410 WEST CARMEL DRIVE CARMEL, IN 46032 (317) 566-8888 STATEMENT DATE: 08/02/12 503 PRINTING DATE: 08/02/12 :REMIT TO: CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL 3400 WEST 131ST STREET 410 WEST CARMEL DRIVE CARMEL IN 46074. CARMEL, IN 46032 F DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE 06/26/12 234092 100 LIFT 85' STRAIGHT BO 341.25 0.00 341.25 06/27/12 234292 100 PO# STOCK 159. 98 0. 00 159. 98 06/28/12 234363 100 PO# SHOP 229. 63 0.00 229. 63 06/28/12 234379 100 PO# STOCK 159. 98 0.00 159. 98 07/02/12 234822 100 CRAYONS LUMBER BLACK 0. 99 0. 00 0. 99 07/02/12 234875 100 DRILL BIT SDS 1/2"X6 5. 99 0.00 5. 99 07/06/12 235301 100 PRESSURE WASHER 3500 94 .00 0. 00 94 .00 07/09/12 235583 100 PO4 PATCH TRUCK 70. 89 0.00 70.89 07/10/12 235592 100 PO# HAVERTON 131. 95 0. 00 131. 95 07/10/12 235732 100 AUGER 12" BIT 2 9/16 36.75 0.00 36.75 07/11/12 235867 100 HYDRANT WRENCH ADJUS 29. 95 0. 00 29. 95 07/12/12 235983 100 PROPANE 20 POUND REF 28. 98 0.00 28. 98 07/12/12 236058 100 COOLER 5 GAL SCREW T 75. 98 0.00 75. 98 07/13/12 236107 100 SAFETY VEST ZIP MED 29. 98 0.00 29.98 07/20/12 236833 100 PO# CROOKSTICK 219. 95 0. 00 219. 95 07/23/12 237181 100 PROPANE 60 POUND REF 44 .59 0. 00 44 .59 07/24/12 237233 100 PO# 98TH & MAPLE DR 3.20 0. 00 3.20 07/24/12 237308 100 PO# FOUNTAINS 78. 70 0.00 78.70 07/25/12 237372 100 PO# FOUNTAIN 92.73 0.00 92.73 07/25/12 237402 100 PO# SHOP 45. 00 0.00 45.0 07/31/12 238045 100 PAINT MARKING ORANGE 9. 00 0. 00 9.00�� 08/01/12 238154 100 PO# FOUNTAIN 25. 18 0.00 25. 18 **'*Unapplied Payments**** Amount Allocated Remaining CURRENT 30 DAYS, 60 DAYS 96 DAYS 120 DAYS TOTAL DUE . 1016.-83 897 . 82 0. 00 0.00 0.00 1914 . 65 In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive Its right,or any right it might _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of IV�v! AAA property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the properly as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT(> NTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive°Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GA(LMEL u FISHERS o INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3'!I — SIBS — 3330 The parties agree that in the ePA the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't►be a Pool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days w Week— Monday- Friday 7:00 am -5:30 pm °Saturday 7:00 am -4:30 pm °Sunday 9:00 am -3:00 pm :RENTED.'TO ;';.JOB .LOCATION ;TICKET°.#:. CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 238045 CARMEL IN 46074 Loc 100 SSN .:..i PHONE' (DATE-' ..... TIME ; W (317) 733-2001 OUT 07/31/12 —1 :32 _PM-TT F (317) 733-2005 ID#3 PO/JOB ;#: RECEIVED• BY' ` PIFER, PARKS 07/31/12 1:33 PM TT ***FINAL*** Page: 1 QTY .,ITEM#• EXT AMT. „ NET-AMT' MIN HOURLY .OVNITE; . 8-HOUR. -DAY WEEK 4•WEEK 2 043281001946 PAINT MARKING ORANGE 20 OZ SEY ""„4;. 50 9. 00 9. 00 IFTHE EOUIPMEW IS NOT RETURNED BY"DUE IN”DATE YOU WILL BE SUI JECTTO A CHARGE OF CONVERSION(THEFT. Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0 .00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 9.0 0 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGI IA,'JRE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE.HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 9.0 0 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT °`:" r CELL LEASED BY X PHONE AMT BILLED 9.00 EQUIPMENT 31-JUL-12 13:3 4 :0 3 RETURNED BY X . .`�e r'-�: RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.i•usbrner acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its GJty'c,'ispinct equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of anv defects. 2,':VARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and bold Runyon harmless for,property damage and personal injuries,inn uding death and d smembennent.caused by the equipment andtor ansrng out Of Rcryori s negligence. mar sn,Il naemnity and defend Runyon against and hold Runyon harmless from any and all claims,actons,suits,proceedings,costs,expenses,damages and liabi:rties including attorneys fees which(1)relate to-rilury dr to destruction of „,ape:,.,,or bpd:y irjurvAlriess,sickness,disease or death of anv person(Including employees Of Customer),and(2'}are caused by.or claimed to be caused,in whole or in part,by the equipment leased herein or by the I affray or conduct rinciueing eetr+e,NassIve,pre:ary or secondary;of Customer,its agents or employees,or anyone for whose acts any of them may be liabie.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone r,wh ch Punycr,is a named party for which Runyor.is alleged to be!;able or responsible as a result of or arising out of the equipment,or any alleged act nr omission uy Hunyon,and Customer sra::be liable and responsible`Or ad costs,expenses cad attorneys fr os mcnrred m such iSetersa and:or settlement iclgn,ent or o her rosOlu;ion. In the event that slier action is commenced naming Runyon as a party;Runyon may elect to defenr said action on its own behalf and Customer agrees ;hat':shall are fable for all costs.expenses and attorney's fees incurred by Runyon ire such defense 4.Rental Charges and Terms. Equipment with hour:deter,.s at owed eight(8)hours use within a 24-hour period of time. Renta'rates for equipment are based on Usage during this eignl(8)hour s^:ft If Customer runs the equipment for over d roars it one day,Customer w:ll pe charged for extra hours a,equipment.One gay is 24 hours or eight 8i hours running time. 16 hours running time in 24 hours=a 2 cry charge 24 hours running time:r 24 hours=a 3-day charge. 5,Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed:o apply to all Equipment Customer may,rent or purchase from Runyon.,whether on the date of this Agreement or at any tune r the future except only as to any Equipment and;or othet items with respect to which Customer executes a new Agreement, 6.Prohibited Uses. Use of'he ecu prnent in the foi ow,ng r,rcumstarces is prohibited and constitutes a breach of this Agreement:(a)use for illegal purpose or in an ii egai manner,(b)Use when the equipment is in had repair or is ursafe;(c` Imoroppr un:rtpndod use or misuse:(d)Use by anyone other,ran Customer or its employees .vapour Runyon's written permission:(2)Use at any Location other than the address furnished Runyon witnaut Runyon's written permission. 7.Fuel and Oil Levels.Ali equipment is fu!!Of fuei wren rented to Customer and must be returned to Runyon fall or add tionai charges will apply.Also use of alternative fuels(B:od:esei.ESE etc.)in Runyor:equipment is prohibited.Customer is iiabie for all damages and repairs that result from alternative fuel. Punvon checks tree oil level in the equipment when it is rented to Customer, Mantenance of proper oil level in the equipment s solely the responsibility of Customer. S.Repossession.v on a failure to pay fart or other breach of ti is contract.Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shat!not be!!able for any claims for damage or tespass arising out of the removal cf the goods. 9,Tires. CostOmor s totally responsible fcr all;ire repair. It:s Customer's ooGon To check over the tares before the eou ipment leaves and notify Runyon of any iregulaOias scatted. 10.Insurance. Runycrs 4 suranca doe:no:cover equipment'hrhile in Customer's possessor, Customer is responsible for insuring the equipment once it!eaves Runyon's properly and unit it has been returned to Puryons property and p yment'ias beer recr ed ECU:PMENf MAY ONl BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYQN'S LOCATION OTHER THAN'ORUA'.,BUS:N=SS HOURS REP,IAINS THE C!JSTCtv1E:?S �ESPONSIBI,'°,' 11.Cleaning Charges. Eq,:pn-ert:s tr,be return:,;to Runyon as clean as when it left A charge of s:xty-ive dollars(SE-5 00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Bunyon nay assign its rights under this Agreement without Customer's consent,but will remain bound by a!obligat ons here r Cis;)loon may not sublease of bar,the eduipmerr wdhu,At Runy,is:vritter parrnissio.n.Any purported assignment by Cus'.oh er is:raid. 13.Time of Return. Customers tort to pt sasseri tar-rninaies 0n trio expiration of the rental period("Due'n'date& dme)and retention of possession after this tune constitutes a ma'eral breach of this Agreemert T:::e is cf the essence in th:, Av o`"e"1 k9';,rte i- 'OUEI he mut:;a6y :,lF,ed URC�n .t'lritlrq. 14.Late Retum. ail Imes terra;r-with Runyor..Failure to ra,drn the equipment by Inc"Due In'date wail:subject Customer to a charge of conversion I'thoft) 15.Time of Payment.Accounts are cue and payable at tae termination of the yenta:period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Ruryon may collect damages together with reasorable attorney's fees;court costs and r lerest of cne and are ha fl!!S)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Inc!ara a-ad°hat^egal action is brought to enforce the agreement that Harmlton Cour:nc Indiana,shall be the jurisdiction and legal venue for sadd action.,unless otherwise agreed oy Runyon and Customer at a later ^;e. 17,Waiver, Ary failure by either party to arfoice any provision of this Agreernert shall not constitute a waiver of such provision or pre;udice the right of either party lO enforce such provision'hereafter, 18.Damage Waiver.In consideration of the payment of addil onal rant classi`:ed as"damage waiver"'by Customer,Runyon agrees to,and hereby does,via ve its right,or any right it m;grt have against Customer,arising trim;cool damage of the enia property'icrma:damage;c be determined by Runyor..Cus:error shall pay upon return of property tented a sum aq:e!to 5ii,of rental mange This"damage'wa'ver'does net include damaga,.f toss of the property as a result at the negligence of C:star rr cr in tee case of abusive damaga,theft or other gross negligence of Customer.This damage waiver snail not apply to reckless.careless or abusive operation or use of the equipmert,use at operation of the equipment exceeding its ated cacacfi;,or damage to tries,tubes ai d v.heais caiseo by blowout,bruses,cuts,punctures or other causes inherent in the use of the equipment.11 is understood the ariount paid is not ar insurance prom ubi,end tha'.this provision does not represent as insurance policy or ar agreement to:rsure.No damage waiver license,sales or use taxes are included:n Runyon's rental rates.They are extra. 19,Damaged,Dirty;or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possessior•.Equipment osf,stolen or damaged beeond rape;.,.l'he par!for at its current list price plus the cost of rental up to the time of reporting the toss or theft to Runyon.The cost o!repairs will be borne by Cust,nter whether performed by Ruryon,ce at P nygc's notion,by others.at a cnarga of x;;-fire :nla;s fS6S'70 pe�hoAr plus pans. 20.Severabiiity.The provisions of this Agreoil orb sha!be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for ioaoing and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer ag•ecs to assume the risk of and hold Punyon andior its empioyeos:tar-less tar any property damage or personal injuries,ncludirg damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not febipcosioite for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23,Fees;Licenses,Permits.Taxes and Fines. Customer shall be soleiy responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from iite Customer's rise or to of the aquipment. 24,Charges,Customer shall pay ail charges required under this Agreement upon demand.Customer agrees that:mileage and time charges are minimum charges only and that no refund or reimbursement is date Customer in the event that fewer days andrnr miss are a,tually used. 25.Other Liability.Customer assumes all risks from the r^proper use of fro equip^ient.Customer is responsible for damages to Customer's property or goods in storage o�in transit,or for any property left or stored it the equipment,or elsewhere n the'ent.°g lecauon.Customer agrees n^I to hold Runyon bat:o for damages from crown tinge.materials or other consequential damages resulting from the use of the eo,a!pment.Customer releases and holds Runyon its agents and employees ,-r^lLss'ro a id:ce!-,t any and,!I loses,'rabdil:es.damages,injuhas,claims,costs and oAperses arising out of Customer's use or possession of the equpment,ind,ding but hot united to any and all fines,penalties and tcdeitures imposed by an,;gover•^e.f 1:i,riity,and,to true exert:tot cov'erea by ir:surarce,any c:a:ms Or liabilities to third parties ansing Out of'he abandonment,corwerslon,concealment or unau°honzed or,o':7e equiFuiplet by Customer,or its agents or empfoyEes, oror:h<co upset:or of t:^e Ega!oment Cr; ny qn: ptmemal authority bacayss of d Pyal or improper use Customer shall additionally nptd Runvdn harmless for all toss.liability and expanse it excess or tha I;rnits of liabi!:1v pro'✓Idea for here as a ;t lnit. Far`-or p•;c:;r,damage ar,!nq ot!or CJStOrherS ueo of:he edpipment. Neither Customer nor any of.or user of the equipment shall be deemer'the agen',servant nr erhp!oyee of Runyon for any reas,n or any purpose that ;he °t rut,A;;;emant,Customer assumes full respons!bdny fa'he cqu-prrert to the public and any regulatory body having jurisdiction. 26 Delivery/Pick ilp.Dch rry s made tc closest point trick car paie Extra charges will result in deliveries to ids:airs,e evator use or any point adhere extra time is involved Our service does not include set u^,and kncci,Jco r rf tab es and chafe. r•hc<.;::,•,:r, ara^aemenis should be made several days prior to delivery with a special charge quoted It no arrangements are made and this service is dashed on delivery,our driver mast call for aufncr:sat u i.i;t^c pc m2s, ,,a!! tc a omr*tr>ua r•stun tilt?r quo!iRli the pr ice.Gn ci^k up where.w prior arangements have been made and rental items are no:knocked down and assembled i one sheltered area,tables and chairs::,:i be of:r:ti;the rrx:dal:v^en a ;a:.a' ter. ,an be acheduleu.f here wd[be an adci:ionai one day rental.A knock goon fee wai result if rental items are still Lip 27.Waiver of Jury Trial,Each party waves its right to a Jury'riai of any claim or cause of action based on or arising out of this agreement or the suh;ect matter hereof.The waiver pertains to al d d:-utes that may relatt to the subject mater he-eaf, rcluding w trout!im;labor.contract,tort,breach d'duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party,fA)understands that this is a waiver of:mpot Cant loge:lights and(3)acknowledges that -e:sne;u has hau a reascraple opporturi;y to discuss th..s waiver ana its effects with:egal cour:sel.Aocordinc y each party knowingly,voluntarily,irrevocably and unconditionally waives its try trial rights. 28.Tickets,Fines and Penalties.You agr, to tuity and promptly pay at,fires.peen ues.pa,k ng hell traffic tickets.lolls.court costs,attorneys'fees and other charges assessed during the Term,in connection omit the-us?,park:ng,storage and; or bOSSession of the E^,Cip^.?erii.regardless of the,dentify o'the dryer of any vEfJic'e YOU rent from'Js. 29.Trailers and TrE,t•inq.The crstoc:e,s resp,nsibde for nspec'ing uric maintaining the(railer coupling mechanism safety chairs.all tie downs,pins and!ignts n a safe ana Secure ccnoit.ai',ehi:a^!'heir poasessiart.Ct, o,•.e•rates r t t tote er:'ra'r '?ateci nuni!ESSOR;6EAL�R tai:n a careless Or nag',ceht moral(b)a:edcessise speed or,c;white under the influence of mod,cation,alcohol,or illicit drugs. 30,Headings._;hi-Bead pins used herein�are soleiy for corver ent rp:orence and shall not be used to construe or affect the interpretation of tnis Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sal;are also governed by:he pares'E-itsmert Purchase Agreement. If the Ecu-pmert Purchase and the Terms and Condi'ons previously enumerated ate inconsistent.then tie terms from the Equipment Pu'cbase Agreement prevail. AS-IS-NO WARRANTY:THE lA,ARRANT'/IS THE SOLE AND EXCLUS VE'rdARRANTY.APPVCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR AIPUED WARRANTIES,INCLUD=NG,WITHOuT L'MITATION,THE ItdIPLiED :RF,1,1-1 S CD rv1ERC`,,NTABiJTV AND FITNESS FOR A PARTIC;;LAR PURPOSES,APE EXCLUDED FROM THE SALE OF TH;S EQLIPNIENT.RUNYON EQUIPMENT RENTAL INC OR AFFIUATEG CQ'APANtES WILL NOT BE LIABLE CF;LSP.7fd:i:3,F:(DP ANY SPECIAL,'NCIDEN AI OR CONSEO.E%T!.AL DAMAGES ARISING OJT OF OR R::LATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARSE ,.fl.; ,. CRr.c lit'-_A�,n''O-CON rr-AC`SORTO,:T RETURN POL!rwv FOR PURCHASED ITEMS:Trig customer is tah'e fn:ail shipping costs wher returnirg or exchahging an iten-.to Runyon,unless the product has been damaged during sh`pp'rg.Tars policy also a.rr,li::s°r'wturanty return;.A; ;at, 'r the=!,nycr"R turn PDicy:'*It,I,custnm.;rs return an dery o+items far credit,a 25%restocking fee win be charged tc your account,plus alt app!icab€e:rbourd and is utbourd fro g III.This doi:cv also applies to sit!pnr-,nt refused ai(,'retcmed. al!ranceliahor's ct vatol�goods are s;o;ecI to a 2r,° ;pE'd•,ai,n',lciced order)ca'1ccfatlon to on in stock.items f-om Bunyon locations ONLY.Retuei shipping of the product!s not reft.ndap,a.All parts ourchasas are non irfundab e.Any shicnieni •e:E:ved:n condd!ars other than brans pew t^al to cnarced 5,^, esiocking fee of:he total amount.All returns roust be prope,ly boxed before they are returned.its the customer's respons!bdi:y to report any damagas',iict:ages'ontim 46 hours of rece!ving the product Runyon:vill net a%ep•claims 48 tours error delive y Runyon will not accept returns without authon.,atior:.Upon issuing a Merchandise Return AuthonzaJcn(MRA).Runyon will;rstruct customers as to the best meant of •et,w rig merchandise.Runyor!s MRA's are vaid'or 3U days after issuance.MRAs are not valid after the 30 day time limit expires Runyon will alasolu,sly net,under any cicumsta Ices,Issue an MIRA far returrs on usaa or damaged products Any 're not related damage must be noted or tie signed Bitl of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:SOe,represents and variants that:(a)Better has all necessary right,power and authority to enter into and perforrn.the transactions referenced herein;(bi Serer has good and marketaode title to the Eou.p a?rt,and tc)en the`rar:sfer Date,Seer will convey the saece to Buyer(save only Tor the purchase money!tell,it any,to be retained by Selier should Seller,at its sole option.elect to finance all or ary portion of file Purchase Drice).Buyer opreson'a an I warrants gnat!'Buyer has al;necessary rgh;power and authority to enter into and perform the transactions referenced herein;(ill Buyer has selected and carefully inspected and evarnined:he Equipment and`o:,nd'he sari?to be acre;tibia in 1;,,ver in off raspecs eased on;r,tena established solely by Buyer and not based on any recommendation by Soler;and(c Buyer has received,careru!h!raviavad anci:s satisfied mnfi,all available!ralcirg.nsti,;cttb<s operarnc and user manuals Pill green ihf rmatron(include,;,,,a!;raining requ'red'jimr,app.icab!e OSHA and,or ANSI Standards,if ary)regarding the proper and safe;ransporai!nr,uGn.rraintenarca,re!rair and s'ocde^f thre Eq Jrnfienf. In consideration of the payment of additional rent classified as'damage waiver'by the Rentm Renter agrees to,and hereby does waNe its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of A property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or �QUIPMENt P-ENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CARMEL•1`15NER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment i to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one he#(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent ,FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or L damage resulting direct) or indirect from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including an implied "Don't be a tool-Rent one" warranties of merchantability or f"ltness fora particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www,runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED TO '' JOB, LOCATION TICKET .# .CARMEL STREET DEPARTMENT # 503 FOUNTAIN 3400 WEST 131ST STREET Con# 238154 CARMEL IN 46074 Loc 100 SSN PHONE; DATE' TIME W (317) 733-2001 OUT 08101112 2:35 PM WH F (317) 733-2005 ID'#3 PO/JOB-* RECEIVED.'BY FOUNTAIN BURKE, RALPH 08/01/12 2 :39 PM WH ***FINAL*'" K Page: 1 QTY, ,ITEM#• ;. EXT.,AMT NET AMT MIN',` OVNITE 8-HOUR' . DAY WEEK : 4 .WEEK -1 AL-E200 HOSE CAMLOCK 2" PART E '✓•' `7 . 34 -7 . 34 -7 .34 1 1 1/2 B HOSE CAMLOCK 1 112 PART B `' °..7 . 59 7 . 59 7 . 59 2 761445198065 SAFETY GLASSES NEMESIS SMOXMfIR . '$ .,;, 6. 99 13. 98 13. 98 1yF.". 1 711382020097 SAFETY GLASSE"S`"'�NEMES, SMOK,-±2". 0 10 . 95 10 . 95 10 . 95 �V IFTHE EOUIPMENT IS NOT RETURNED BY"DUE IW DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION(THEE►). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0 . 00 Customer is liable for all damages&repairs that result from alternative.fuel. SALES 25. 18 I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND-1 FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0. 00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X ;I']i`; = Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0. 00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0. 00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 25. 18 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT i"1 ` CELL AMT BILLED 25. 18 LEASED BY X �� 'i' PH'NF EQUIPMENT 01-AUG-12 14 :3 9:2 8 RETURNED BY X .• RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE 1-UK TIMh UUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.inspec%+on.!:ustcmat agknc>rledgas iris:.has had an opportunity to personally inspect the equipment and finds It suitable for its needs and In good condition,and that Customer urdarsiands its proper use.Custornar further acxro;a!edgas its dons;to Ili;peof'he equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS, 3.indemnification. C slomer agrees to assume the risks of,and hold Runyon harm ass tor,property damage and personal Ir:iuries including death and d:smemberment caused by the equipment and/or ansing o it of Runyon's negligercc Customer shall indemnity and defend Runyon against and hold Runyon ha riless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities Including attorray's fr•.es which(1 rotate to Injury or to destruction of property,or bodily injury,Illness,sickness,disease or death of any person:;including employees of Customer',and(2)ale caused by,or claimed td be caused,in whole or in pat,by the eq-.ips:ent eased here:;or by the liability or conduct(in^ud ng act ve,passive.primary or secondary)of Customer,its agents or er,.ployees,or anyone for whose acts any of them may be liable.Customer shall,at its own cos:or expense,defend Runyon agairst all suits or proceedings commenced by anyone which Ruryon:is a named party for which Runyon is alleged to be liable or responsible as a rasa:.of or arising out of the equipment,or any alleged act or omission ply Runyon,and Customer shall be liable and resporst,,:e`or a,i costs,expenses and aitorney's fens incurred in such defense and/or sett.emem,judgrnent or other resolution !n the event that such action Is commenced naming Runyon as a party.Runyan may elect to defend said action on its,,on'^,eha t and Customer aerazs that:t shat':roe'[able for all costs,expenses and attorney's fees incurred by Runyon m such defense. 4.Rental Charges and Terms. Edmpment odin hour.meters is allowed eight(81 hours use vrithin a 24-hour period of time. Rental rates for equipmem are based on usage during Iris eight(8)hour shift. 1.Cu rmernms the equipment for over 8 nears in one day Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time In 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-tray charge. 5.Future Rentals.Customer acknowledges that the*arms of this AgreerI will be deemed to apply to air Equipment Customer n•ay rent or purchase from Runyon.,whether on the date of this Agreement or at any tine In the future(except only as to any Equipment and/or other'ems with respect to which Customer executes a new Agreement;., 6.Prohibited Uses. Use of the equipment n the following circumstances is prolh b'ted and constitutes a breach of tats Agreement(a)Use for Illegal purpose or In an illegal manner:(b)Use when the equipment is in bad repair or is unsafe;fo) improper.uhf^,tended use or misuse,(d)Use by anyone other that Customer or its employees,without Ruryon s written permission;(e)Use at any location other than the address furnished Runyon without Rimyon's wriiter.permission. 7.Fuel and Oil Levels.All ecu pment:s full df fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternafva fuels(Biodiese!.E85 etc.)in Ruryon equipment is proh biied Customer is ':able to;all damages and repairs that result from alternative fuel. Runyon checks the oil level in the oquipment when it_s rented to Customer. Maintenance of proper oil love:in the equipment is solely the resDonsibiliq of Customer 8.Repossession.Ucor a failure to pay rent or other breach of trio contract,Dearer may terminate the contract and take possession of and remove the goods from iiiinercver they are,and Dealer and his agents shal€not be liable for any claims for damage or trespass ansing out of the removal of the goods. 9.Tires. Customers totally responsible for all tire repair. !t is Cuslomer5s option to check over the tires before the ago prrent leaves and notify Runyon of any Irregularities sported. 10,Insurance, Runyon's insufance does rot cover zquipment vrohde in Customer's possession. Customer is responsible for Irsur:ng the equipment once It:eaves Furtyon's property and unit it has been returned 3 Ruryons property and payment has peen received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQtiI?MENT:EFT AT RUNYON'S LOCATION OTHER THAN NORMAL 9.JSINF.SS HOURS RPd,A-NS THE CUSTOMERS R ESPONS IBIJT f 11.Cleaning Charges. Ecu pment is to be returned to Runyon as dean as'when it left.A cnarge of sixty free dollars f%5.00)per hour will be charged for ceanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assigr its rights under this Agreement without Customer's consent,but will remain bound py all obligations nere:n.G,stcmar^tar`rot sublease or:cad tire edu�prr -i wltruut Runyons,r:rttor permission.Airy purported assigrine:it by Customer is void. 13.Time of Return. Customer's Kght tc;tassess,an terminates gn iho?xpiraton of the rental period i°Due In'date&time)and retennon of possession after this time constr.des s mate•Ial bream of tr•s Agreement. e i�of the es'rence in this Aorea :ant Any axtensior.must be mutually agreed upon In writing. 14,Late Return.'iy:e to eqa;oment is and s'aIr a',air i raman wh Runyon Failure to return the equ pmert sy tte"Due:n"date will suulect Customer to a charge m cunversion theft. 15.Time of Payment.Accounts ale age aid payable 3!the termination of the rental period 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon clay collect damages touethor vJIh reasonable attorney's fees,court costs and nletest of ore and one halt(1':z)percent pot roonih added to accounts over ten(10)days old,reflecting ar annual percentage rate of eighteen 08)percent.Customer agrees that this agreem=out is to De construed under the!ales of the State of Ir.dLana and that:l regal action Is brought L,enforce this agieeraerj,that Hamilton County,Indiana.shall be the lurisdic;ion and legal venue for said action,unless otherwise agreed Dy Runyon and Customer at a.ate'time. 17.Waiver. Any failure by either party to enforce day prevision of this Agreement shat!not constitute a waiver of such provision or prejudice the sight of either party to enforce such provison thereafter. 18.Damage Waiver,in consideration of trip,payment of additional rant c assif ad as'damage va:ver'by Customer,Runvor agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property,normal damage to be determined by Ruryon,Customs;shall pay upon return of property rented a sum eoial to 55�of rental charge.This"damage waiver'does not Include damage or loss elms property as R resut of the negligence of Customer or in the case of abusive damage theft or OF at gross Reg igence df Customer This damage v✓diver shall nrt apply to reckless,care:ess or abusive operation or use of the equipment se or operat:o•t of the a;uiplient exceeding its rated capac`i,or damage to tires,tubes and,vheels caused by bloe,cu:,brU15e5,cuts,Gun kires or other caries Inherent in the use of the equipment. it is understood the amount pa it is not a•i ins:rrprce premium,and that?hIs provision does hot represent an:rsurance policy or an agreem:,nr tc'nsure No damage waiver license,sales or use taxes are Included in Runyon's rental rates.They are ext,a. 19.Damaged,Dirty,or Lost Equipment.Customer aoraes in pay for any damage to or loss of the goods;regardless of cause,except reasonable wear and tear;while the goods are out of Runvc,r's possession.EgJr mcnt los.,stolen or damaged beyond repair wIC be paid for at Its current list pcce plus the cost of renal up to the fine of reporting the loss or theft to Ruryon,The cost of repairs will be borne by Customer,whether performer,oy Ruryo:,or,at Runv3n's ont,pr,py otnars,at a charge of sixty fve cellars(565.00',per noun plus parrs. 20.Severability,The provisions of lids Agreement shat:be severable so that the invalidity.urenforceability or waver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Ruryon's employees assist in loading or unloading the equipment.Customer agrees to assume the risk of a•td hold Runyon aid/or its emnidees hanrliess for any property damage or personal Injures,including damage and personal injuries attributable to the negligence of Runyon. 22,Property Damage. R:unyon is not responsible for any damage wldnalsoever as a result o'on-the-job deliveries or pick-up by Ruryon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer shai`be solely responsible for payrnent of any fees,licenses,permits,taxes or fines,required by or resulting from tree Customer's use or opertior of the equipment 24.Charges.Customer shall pay al charges required under ihi;Agreement upon demand.Customer agrees that mileage and time charges ate minimum charges only and that no refund or relrnbursement is due Customer in the event that fewer days and/or mi'ses are actually used. 25,Other Liability.Customer assumes all risks from the improper use of the egUiprrent Customer is responsible for damages to Customers property or goods in storage or in Transit.cr for any property left or stored c,the,quipmert,or e':sewhere n the retying location.Customer agrees not to hold Ruryo.liable for damages from do,.vn time,materials or other consequential damages resulting from the use of tile equllor ant.Customer releases and hdos Runyon,I's agetns and employees nar-ess`roar and add.nst any and ail losses,:rabdities damages,injuries.clams,costs and expenses ansing out of Customer's use or possession of the equipment,it cluding.but not li-ited:o arr and all fines,4nali,es and forfeitures:mposed by any government<i srttity arid,to this extent not coverer py:^surari day c;arr:s or liabilities to triad parties arising out of the abandonment,corvo-lion concealment or unauthorized sale cf!Its equipment by Customer,or its agents or em,loyoes or for the conf scali;n cf the equipment by any gove•rmertal autr oirfy,eca.ise of illegal or Improper use.Customer shall additionally hold Runyon harmless for all'loss,liability and expense ai excess of the limits of liability provided ter herein as g res,r;^f injury der,il or pi^per nr damage a:is:rr o;t of C:aziicrner's;Ise of the equipment Neither Customer nor any other user of the aquipmer.shall be deemed the ti;ent servant or employee I-J Runyon for any roast'or any oarpesn. Doing m of:his At; Customer as;,!s full•esponsib:Ry fro the equip-tent to the public and any regulatory body having jurisdiction. 26.Delivery/Pict,Up,D;dr;ery:s made to Jr:ssst point trucx can park.Exha charges will result in deliveries to upstairs,ti,evator use or any point where extra time Is Invo.ved.Cur service does rot iodude set up ant k^^rI- i:,.»r ot;a es ors sir to r:,re.olnre9,ariarigemerts should be made several days prior to delivery with a special Cargo quoted.If no arranger,;ents are made and this service is des led on delivery:our driver must cal to[au'`io za',cn.'f ^e pe•rr, ,ve✓nC !ry to acco:,ni olnc you after quoting the prloe Or,pick up w::ere to prior arrangements have heart made and rental items are not knocked down and assembled in one sheltered area,tab:es and rhars,va ce;eft grit i tr),-next day v,nar a speoa Clew can be scheduled.'Chere will be an additional one day rental.A knock down fee will result if rental items are still up 27.Waiver of JurYTrial.Each party iva:ves its right to a jury trial of any-:arm or cause of action based on or arising out of this agreement or the subject matte:hereof.This waiver pertains ii,at disputes:ha:may foists ie the subject matter hereof ncluoind.without r;mrtafon,contract,tort.iareach of duty,arid all other common law and statutory claims.and will not be subject to any exceptions.Each party(A)understands that this is a waver of:mportart legs:rights ar J(3)a;kno:^;iedges that he/shedt has had a reasonable opportunity to dscuss this waiver anti its effects w:Ih legal tour-el Accordingly,each party knotvingiy,volumanly,irrevocably and u,conJilionalhy waives its tu;y Ihai r.ghts 28.Tickets,Fines and Penalties.You agree to fu'y and promptly pay of frees,penalties parking tickets,traf'ic tickets,folk court costs,ahorri fees and ether di urges assessed during the-ei n,in connect on a^ih the a,e,parking storage,anm or oossession of the Equipment regardless of the idernty of the driver of ary vc-,cle You rent front Js 29.Trailers and Towing.-he c„siorrer s nspc.rsble for irspegfnq and maintaining tree Ira l-r coupling mechah:sm.safety cFa.ris,all tie down,.pica arid';ghts:r a calf;anct secure cono,.ion yr?:lie,•;their Possess crl Giatorrier agrees nor co to.i; ny i r:er rented fir LESSOR/DEALER(a,',in a care:ess or neg5ganl manr:er.(b)at excessive speed or Ic)write under the influence of medication.alcohol.or illicit drugs. 30.Headings.ire head'Ings used nerrir,,a solely for cnnveroent teferenca and shall not be used to construe or affect the;earpretafon of this Agrearnent. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equipment Purchase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.they:ne torms fro,,the Equipment PUrchas,=Agreement prevarl. AS-fS-NO WARRANTY:-HE vARRANTY'S THE SOLE AND EXCLruSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.:NCLUD'NG.WITHOUT LWI:!TA:!0N,THE:0.f PLED VdARP,AN'1ES Cr MERCHA'"IT431_tTY AND FITNESS FOR A PAR'ICUi AR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMErIff.RUNYON EOUIPMENT RENTA'_;NC OR A-FIJATED COMPANfES'sNil-L NOT BE L:ABLE "R REPONSIBL:_FC. ANY SPECIAL !NCOENT•AL OR CONS'L.OJE`TIAL D.AMAGFS ARISING OUT OF OR f;ELA:ED TO'HE SALE CF THIS EQ+UIP1,0ENT TO C!JSTONIER,R GA=ADLESS OF WHETHER SUCH DAMAsGES ARISE jf,,I"L. ,)RIF z�'1 1`+c LAW 0"r GONI RAC'S Orr TOR T RETURN POLICY FOR PURCHASED ITEMS:The cu,sto e:is'sar:e nor air.shipping costs wren returnerg or exchanginni on Item to Ruryon,unless the product has beer)damaged during sr,pp:ng-f his policy si so applies t :var,anty retuins.As stated the Rutrror Ret rr Policy"avhu-customers return an item or items for credit,a 26`,;r restocking fee will be charged to your occur.';,p lus ail Rppr'cable Ihbeund and autoCUnd fre:gnt.This poll cy a:sc app:.es to sllipman:s refused and returned All carcellatP is of whole goods are sri,jectto a 2E%(;t total n io c,.d'ue'l cancellation tee en in stock items from Rurrxr locations ONLY.Return shipping of fine piod,ict 5 hot I etundable.A:`cart{Purchases are non refur,oao-e.Ar;shipment received in condition,o:he r than,rand new will oe criarged 10%restocking fee of the xtal amo+mt.All returns must be properly boxed before they are retuned,Its the customers respCns o:4 y to r000rt any itariagesrshor.3ges within 48 rours of receiving the product.?uryon will not anxpt claims p,8 hours after deavery.Runyon will not accept returns without at tiorization.Upon issuing a Merchandise Return Authorization f MRAt.Runyor will:rstruct customers as to the Des!m:ears of return:g mercha^dice.Runyon's iJRA's are valid for 30 days after issuarce,N'RAs are not valid after the 30 day time limit expires.Runyonn will absolutely not under any circumstances,issue an RARA-,or?ehurr.s on usso or damaged products.Any tre g1f related damage must be rooted or the signed Bii:of i-ading Al'HE TIME OF DELIVERV,The pircrase price at i:me of sale is final. REPRESENTATIONS AND WARRANTIES:Selier represents and warrants that:(a)Seller has all necessary right,power and authority to enter Into and perform the iransactons referenced hererr(b)Salle'has good and mailvelao.e fire to the Egd:pment,and f}on the Transfer Date,Se:°er will convey the same to Buyer(save only for tre purchase money lien,if any,to be retained by Seller s+could Selier,at Its sole notice,elect to finance all or ary pornotl of the Purchase?rice).Suye: reptesers and,varrarts tort:if)Buyer has all recessary right,power and sullenly to enter into and perform the transactions referenced herein.tit)Buyer has selected and carefully rrspecte d and examined the Ecu.p t e-i1 an-;`oand the same t i he accepiab!e to Buyer in all respects based on criteria estabi shed site:y by Buyer and net based on any recommendation by Selier,and fiii)Buyer has received,carefully iev awed and is satisfied vi i;i sill env b!e traaria. ,stn:a r^s.cue"anrr anc .set maruais,and other Information(ini:Uding all training eoured dnde:app':cable OSHA anc or ANSI Standards:,it aryl rega:ding the proper arc safe trarsporat ca,u;e,:-arieraoce re_�ar an:, ;rate or tl a zquismp,r: RUNYON EQUIPMENT RENTAL 410 WEST CARMEL DRIVE CARMEL, IN 46032 (317) 566-8888 STATEMENT DATE: 07/25/12 503 PRINTING DATE: 07/26/12 REMIT TO: CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL � 3400 WEST 131ST STREET I 410 WEST CARMEL DRIVE CARMEL IN 46074 I CARMEL, IN 46032 DATE INVOICE# LOC DESCRIPTION AMOUNTS "CREDITS BALANCE 06/26/12 234092 100 LIFT 85' STRAIGHT BO 341.25 0.00 341.25 06/27/12 234292 100 PO# STOCK 159. 98 0.00 159. 98 06/28/12 234363 100 PO# SHOP 229. 63 0.00 229. 63 06/28/12 234379 100 PO# STOCK 159. 98 0.00 159. 98 07/02/12 234822 100 CRAYONS LUMBER BLACK 9. 99 0.00 0. 99 07/02/12 234875 100 DRILL BIT SDS 1/2"X6 5. 99 0.00 5.99 07/06/12 235301 100 PRESSURE WASHER 3500 94 .00 0.00 94 .00 07/09/12 235583 100 PO# PATCH 5'RUCK 70. 89 0.00 70.89 07/10/12 235592 100 PO# HAVERTON 131. 95 0.00 131. 95 07/10/12 235732 100 AUGER 12" BIT 2 9/16 36.75 0. 00 36.75 07/11/12 235867 100 HYDRANT WRENCH ADJUS 29. 95 0. 00 29. 95 07/12/12 235983 100 PROPANE 20 POUND REF 23 . 98 0.00 28 . 98 07/12%12 236058 100 COOLER 5 GAL SCREW T 75. 98 0.00 75. 98 07/13/12 236107 100 SAFETY VEST ZIP MED 29. 98 0.00 29. 98 07/20/12 236833 100 204 CROOKSTICK 219. 95 0.00 219. 95 07/23/12 237181 100 PROPANE 60 POUND REF 44 .59 0.00 44 .59 07/24/12 237233 100 PO# 98TH & MAPLE DR 3.20 0.00 3.20 07/24/12 237308 100 PO# FOUNTAINS 78 .70 0.00 78.70 07/25/12 237372 100 PO# FOUNTAIN 92.73 0. 00 92.73 07/25/12 237402 100 PO# SHOP 45.00 0.00 45.00 ****Unapplied Payments**** Amount Allocated Remaining CURRENT 30 DAYS 60 "DAYS 90 DAYS: DAYS TOTAL' DUE 1880.47 0. 00 0.00 0.00 0.00 1880.47 6(1Q-J D. 630• q Cl I t1c. 1, CL6 < � ;,.q.q5 �� _ 15q. Gco I . CIS � ►��. �� ;fit �. �� `�'��cj' �' � y� c.�. �i �� P 5 � '�. �.� In consideration of the payment of additional rent classified as'damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might �y®� A have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of A`�A property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,arts,punctures or £gl11PM£NT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said properly in a careful and prudent manner and GA{tMEL•FISHERS•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8830 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court outs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment.The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED TO JOB 'LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 234092 CARMEL IN 46074 Loc 100 SSN . PHONE DATE TIME W (3 17) 733-2001 OUT 06/26/12 11:05 AM MS F (317) 733-2005 -ID#3 PO/JOB # RECEIVED' BY TOWNSEND, SCOTT R TURNED 06/26/12 3 : 09 PM JRR ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR WEEK 4,.WEEK 1 5793-0002 LIFT 85 ' STRAIGHT BOOM 4WD , 325.00 325.00 w a. f _ ) �- 1, IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT} Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 325.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.00 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND.-I FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 16.25 BY RUNYON EQUIPMENT RENTAL. X SIGNATURE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,ANWOR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 341.25 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT �[�(�; " � 1`$ CELL AMT BILLED 341.25 LEASED BY X R l i\ 1 if P1 7 PHONE 26-JUN-12 15: 09:53 UIPMENT RQETU NED BY X '3 1 '.' RENTAL FEES DO NOT APPLY TO PURCHASES. E CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1,Inspection,t us'cmer ackno badges mat t has had an opportunity to personally inspect the equipment and finds it suitable to;its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its auty:o r,spect the equipment pn r to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon')of any defects, 2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT 15 FREE FROM DEFECTS. 3,Indemnification, Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment andlor arising cut of Runyon's neghgarce C:rrorri s'tal.:,,demndy and defend Runyon against and hold qunyon harm ess from any and all claims,actions,suits,proceedings.costs,expenses,damages and IiaMiities including attorney's fees which(1)relate to injury or To destruction of propeu fy,or b:,d'y injury,illness.sickness,disease or death of any person('ncluding employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the I'abi'ity or conduct(Including 4_.4e,passive,pr mart'or secondary)of Customer,its agents or employees.or anyone for whose acts any of them may be liable.Customer shall at its own castor expense,defend Runyon against all suits or proceedings commenced by anyone il I-,h Runyon is a flamed party to!which Runyon is alleged to be liab e or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shat be I:able and responsiole for all costs.expenses and attorney s lees incurred in such defense and;or se't:ement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party;Runyon may elect to defend said action:on its own behalf and Customer agrees ;he: Shall oe iable for all costs,expenses and attorney's fees incurred by Run. it such defense. 4,Rental Charges and Terms, Equipment wdh hour meters is a'iowed eight(8)hours use within a 24-hcur period of time. Rental rates for equipment are based on usage during this eight(8)hour sh€ft If Customer runs the equipment for over 8 !-:ours in one day,Customer will be charged for extra hours on equipment One day is 24 hours or eight(8)hours running tine. 16 hours running time:r,24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5•Future Rentals.Customer acknowledges that the terms o.this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon,, whetter on the date of this Agreement or at any time:n the future(except only as to any Equipment andror other items with respect to which Custorner executes a new.Agreement). 6.Prohibited Uses. Use of the equipment it the to!'owing-circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in had repair or is unsate,c) 'mororier,unintended use cr misuse;(d)Use by aryore other than Customer or ins employees.without Runyon's written permission(a)Use at any location other than the aodress furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.A", is lull of fuel when rented to Customer and must be rev reed to Runyon full or additional charges will apply.Also.use of alternative fue!s(B;odiesei.i- etr,.)in Runyon equipment's prohibited.Customer is !;able for all damages and repairs that result from alternative fue:.Runyon checks the oil level in the equipment when it is anted to Customer.RAairdenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rem or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be'!able for any claims for damage or trespass arising our of the removal of the goods, 9.Tires. Customers rotally responsible for all lire repair. It is Cus°Omer s option tip check over the tires before the equipment leaves and Ratify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does no`cover equipment while in Customers possession Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon'-property and payme tit has been ecc)vcd.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S:LOCATION OTHERTHAN NORMA:_.BI,StNESS HOURS REfAAtNSTHE CtUSTO 11MERS RESPONSIBLE. 11.Cleaning Charges. Equipment:s to he returned to Runyon as clean as:viten it left A charge of sixty-five dollars(S65 00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under the Agreement:without Customer's consent,but will!ern,an bound by all obligat.o:is here;r,Custorner may no;sublease or!oar the equipment without Rurrvon's warmer permission,Any purported assignment by Customer is void. v sublease 13.Time of Return. Customers rgnt to possession to:mnates on the expiration of the rental period f"Due:n"date&time)and retention of possessior.afterlife time constitutes a materal breaci-r f th.s Agreement T:tie a ct the essence in this Any .,tin-'aiJr nwst be rnUfuaPV egreed upon rr wriling. 14,Late Return, t it:e tic ec.c p:re,t is an;:scz at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(then). 15.Ttme at Payn=.flint. ccouns are due a:d payable at the termination of the rental period, 16.Violation of Agreement and Venue Costs- Cus:cmer agrees that in tine event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages Loge°her with reasonable attorney's:fees,court costs and n':erest of one a^d ore half r,1!,z!perc crt per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of ndiara and that f;ega,acton is brought t.enforce t'ris agreement that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17,Waiver.,Any failure by either party to enforce any provison of this Agreement shall not constitute a waiver of such provision or prepdice the right of either party to enforce such provision thereafter. 18,Damage Waiver.Inconsideration Of the payment of additional ent classified as"damage waiver"by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from rormal damage of the rental property,normal damage to be determined by Runyon,Customer shall pay upon return of property rented a sum equal to 5`.k of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipnhant.use or operation:of the equipment exceeding its rated capacity or damage to;ties tubes and t,heels,caused by bla,vout,bruises,cuts,punctures Or other causes inherent in the use of the equipment.It is understood the amount paid is not in insnrance premium.and than this provrstct does not r scn art'irsura, ,e poky or air agreement to insure No damage waiver license,sales or use taxes are included,n Runyon's rental rates.They are extra. 19,Damaged,Dirty,or Lost Equipment.Customer agrees to pay to,any damage to or loss of the goods,regardless of cause,except reasonable wear and fear.while the goods are out of Runyon's possessio Eq:,Onnent:osf,stolen or darnaced beyond recall,vd:ce paid fa at its current list once olds the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed oy P,urydrr,or,at Runycn's gplror: by others,at a charge of sixty-five col ars($65.00)per hour plus pars. 20,Severability.The provisions Of th s Agreement shat be severable so that the invalidity,unerforceabil!ty or waver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment,Customer is responsible'.or leading and unloading equipment. if Runyon's employees assist In loading or unloading the equipment,Customer agrees is assume the risk of and acid Runyon ardor Its empodees harmless for any property damage or personal injuries,irtciuoirg damage and personal injuries attrinutable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon, 23,Fees,Licenses,Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by ar resulting from the Customer's use or operation of the equipment. 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Cis' omer agrees that mileage and time charges are minimum charges only and fiat no refund or reimbursement is due Customer in the event that fewer days arl miles arc actually used, 25.Other Liability.Customer assumes all risks from the improper use Of the equipment,Customer is responsible for damages to Customer's property or goods in storage or to transit,cr for any property la`t or stored in the equipment,or elsewhere n the rent rg Incation,Customer agrees not to hold Runyon liable for damages from down time mafarials or other consequential damages resulting from the use of the equipment,Customer releases and holds Runyon its agents and employees har^less from rid against any and all losses,liabilities,damages,injures,claims.costs and expenses arising out of Customer's use or possession of the equipment,including,but not!mited to.any.and al fines,penalties and forfeitures imposed by any po>er mfima'entdy,and,to the ex'.erl nut covered ov:insurance.ary claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale c`:the equipment by Customer or its agents or emp:oyees, or for;he co^5scation of the equipment by any governmental authority because of illegal or improper use Customer shall additionally hold Runyon harmless for all:loss,liability and expense is excess o'.the rits of liability provided for herein as a re;.-:�cf injUly.ceath or property damage arising out of Custorner`s use of the equipment, Ne:lher Customer nor any other user of line equipment shall be deemed the agent,servant or employee of Runyon for any reason:r Vy purpose During the term U tnrz'Agreement,Customer assurr.es',il!responsbdry for the equipment to the pubic and any regulatory body having jurisdiction, 26,Delivery/Pick Up.Delivery is made.:o closest pcirt truck can park.Extra charges will result;n deliveries to upstairs,e evator use or any point where extra time is involved.Our service does not include set up and knock dcnr Df tables and era is :nis se^J,,c:n tic-golrpc.arargements shoo dl be made several days prior to delivery with a special charge quoted If no arrangements are made and this se-vice is desired on delivery,our driver must call for autrr.r.zaco`h.f t,^,e perm;S,foe wit! :ry to acccmmodare you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in Otis sheltered area.tab;es and chairs w!:1 be iefT until thin ri,day wrten a spI^:a crew can be scr,.edu ed There will be an additional one day rental.A knock down tee will result it rental items are still up. 27,Waiver of Jury Trial.Each party waives Ts right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to al!disputes roar may relate to the sub;ect matter hereof. rcludmg,w:hout i mitatior,contract tort,breach Of duty;and all other common law and statutory claims,and will not be subject to any exceptions Each party(A)understands that this is a:waiver of important legal rights and(B)acknowledges that hershe.'!t has had a reasonable opportumly to discuss this wahier and its effects with;egal counsel Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights 28,Tickets,Fines and Penalties,You agree tin,fully and promptly pay all fines.penalties.parking tickets,traffic tickets tolls.court costs,attorneys'fees and other charges assessed during the Term in connecFon with The use,parking.storage,and: or possession of the Equipment regardless of the identity of the driver of any vehicle You tent from Us. 29.Trailers and Towing.Tie customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chairs,all lie downs,pins and lights in a safe and secure condition while;n their possession,Customer agrees not to tpw any trailer rented from LESSOR:DEALER(a)in a careless or negligent manner,(b)at excessive speed or to)while under the influence of rledication,alcohol,or illicit drugs. 30,Headings,The headings used herein are so ely for eoriven!ent reference and shall not be used to construe or affect the interpretation of this Agreement ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by:he oartle Egmpmert Purchase Agreement, if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,they ins terms from tie Equipment Purchase Agreement prevail, AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUS'VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.;NCLUD'NG,WITHOUT LIMITATION,THE IMPLIED WARRANTIES Or MERCirA.%T,ABI:i'Y AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQuttoVENT.RUNYON EQUIPMENT RENTAL INC OR AFF11-IATED COMPANIES V41LL NOT BE LIABLE OR RESPONSIBLE=0R ANY SPECIAL,!NC'DENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE ,,NDER THEOR ES CF 7HE A�`v'OF CONTRACTS 0°TORT. RETURN POLICY FOR PURCHASED ITEMS:Too,customer is liable for a':snipping costs when teturr.irg or exchanging an item to Runyon.unless the product has beer damaged dung shippIng.This policy also acphes to warranty returns.As stated'r the Runvon"Return Pcilcv:'wh:r.rust;;hers return an iter,:m items for credit.a 25%reetockmc fee will be charged to your account,pills all applicable rbounc and Outboard freight This po icy also applies to shipme.nt^refused and returned, All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stack items from Runyon locations ONLY.Return shipping of the product is not refundab;e.All parts purchases are^on refundable Ary shipment •ece,vpd to coed;Hors other that brand hen will be charged 50%6 restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility tip report any damaces;'shonages within 48 hours of receiving the product.Runyon wili not accept claims 48 hours after delivery,Runyon will not accept returns without authorization.Upon issuing a Mercnandise Return Authorization(MRA),Runyon will instruct customers as;o the best mears of retorr.rg merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely net,under any circumstances,issue an MRA for returns on used or damaged products.Any freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase once at time of sale is final, REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seiler has gccd and marketable title to the Equipment ano(r on the Transfer Date,Seiler will convey the sae-:e to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Sel'er.at its sole option,elect to finance all or any portion of the Purchase Price),Buyer represents and ovarrants that(u)Boyar has all necessary right,power and authority to enter into and perform the transactions referenced herein;;iii Buyer has selected and carefully inspected and examined the Equipment and':ound the same:o be acceptable to Buver in all respects based on criteria estab;:shed solely by Buyer and not based on any recommendation by Seller,and it::)Buver has received,carefully reviewed and:S sat:sf ad w1`,,all available training,:nr duct o^.s,operating ano user manuals,and other information(including al training recurred:under app cable OSHA ariTor.ANS1 Standards,if anyh regard rig The proper and safe rransaortaton. ise.miuwer:arrce,repair anti;toraoe c`The Egomlp °,enf. In consideration of the payment of additional rent classified as"damage waiver'by the Rentee,Renter agrees to,and hereby does wane its right,or any right it might lyy q® have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of A property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance 410 W.Carmel Drive a Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipmenL The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GARMEL•fISH%RS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3017 — 566 — 8833 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonaae attorney fees,court costs and interest of one and one had(1 1r2)percent per month added to accounts overten(10)days old,reflecling an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or ,� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of Income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days ® Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED ,TO JOB LOCATION TICKET # • CARMEL STREET DEPARTMENT # 503 STOCK 3400 WEST 131ST STREET Con# 234292 CARMEL IN 46074 Loc 100 PHONE DATE TIME W (317) 733-2001 OUT 06/27/12 3: 01 PM WH F (317) 733-2005 ID#3'- PO/JOB # RECEIVED BY STOCK HOBBS, JAMES A 06/27/12 3:04 PM WH ***FINAL*** Page: 1 QTY ITEM# EX ,.. - T AMT NET AMT MIN , •.HOURLY OVNITE 8-HOUR. DAY WEEK 4-WEEK ..' ; 2 123 STOP/SLOW PLASTIC 6"/6' 7,9,. 99 159. 98 159. 98 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECT TO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 159.9 8 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGI'�!�: FiB Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX G.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 159. 98 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR,LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT ; d'•IJt,. CELL AMT BILLED 159. 98 LEASED BY X ° ¢ t' PHONE 27-JUN-12 15: 04 :04 EQUIPMENT RETURNED BY X t. : ?: :.. RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT N TTIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,NEL AND ELECTRIC CURRENT. will apply. X ';j,; NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Cu>,met acknovdciJgcs Ibat it has red as opportunity td personally:aspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use,Customer further acknowledges its auty tc aspect[hr equipmsrr p�ior to use and aotdy Runyon Equipment Rental Inc(hereinafter"Runyon,`)of any defects. 2,YYARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. s.Indemnification. Ci,,sran r agrees to assume the risks of.avid hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equi'pr i andior arising cut of Runyon;negligence. Gus';men seall a";:emn,fy and defend Hunyor against ano held Runyon harmless iron,any and all claims,actions,suits,proceedings,costs,expenses,damages and taoilaies including attorr.ev's fees which(1)relate to injury o to destriction of propc1.or b,cdi^y injui y,!Iness.sickness,cbsease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in part,by the equipment leased herein or by the lat it ty or conduct(including ,,.are passive prm:aty or secondary!of Customer,Its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,a,its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone w,F:ch Runyon is a hared party`or which Runyon is alleged to be liable or responsib;e as a result of or arising out of the equpment,or any alleged act or omission by Runyon,and Customer shall be I:able and responsible for all costs,expenses sad attorneys fees incurred in such defense and/or settlement,judgment or other resoluiion. In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own oenalf and Customer acrees I:a:r shall oe iabe for ail costs,expenses and attorneys fees incurred by Runyon in such defense. 4.Rental Charges and Terms, Equipment with hour meters is a?'owed eight f8)hours use within a 24-hour period of time, Rental rates for equipment are based on usage dining this eight(8t hour shift,If Cus:orner nLns t''^,e equipment for aver 8 tour s in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time t6 hours running time it 24 hours=a 2-day charge 24 hours running time r 24 hours=a 3-day charge 5,Future Rentals.Customer acknowledges that the terms of this Agroement will be deemed ro apply to all Equipment Customer may rent or purchase from Runyon, whether on the date of this Agreement or at any time n the future(except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement;. 6.Prohibited Uses, Use of the equipment in the following arcums�ances is Prohibited and consMutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner:(b)Use whet,the equipment is in bad repair or is unsafe:(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon written perr>tission:(el Use at any location other than the address furnished Runyon without Runyon's written permission. 7,Fuel and Oil Levels.All equipment is lull of fuel wren rented to Customer and must be returned to Runyon full or additional charges wH apply.Also.use of alternative fuels(Biodiesel,E85.etc.)in Runyon equipment is prohib'sed.Customer is liable for all damages arid repairs that result from alternative fuel Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer 8.Repossession.Joan a fa lure to pay rent or other Breach of this contract.Dearer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be:fable for any clams for damage or trespass arising out of the iemova:of the goods. 9,Tires. Customer:s totally responsible far all fire repair its Custcmer's option to check over the tr.es before the equipment leaves and notify Runyon of any irregularities spotted 10.Insurance, Runyon's nsurahce dues not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyons property ar:d uhf:(it as been returned to Runyon$property ano payment has beer,received.EQUIPMENT MAv ONLY BE REi URNED DURING NORMAL BUSINESS HOURS.ANY EQUIPMENT LEF'-AT RJNYON S LOCATION OTHER THAN NORMA_BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILIT" 11.Cleaning Charges. Equ pnrel io be,returns!,to Runyon as clean as when it left. A charge of sixty-five dollars 1$65.00)Per hour will be charged for cleanup. 32.Assignments,Subleases and Loans of Equipment.Runyan may assign its rights,ruder this Agreement without Customers consent.but will remain bound by all obligations He pin.Cilsfdm:;r may no:sublease or Ivan die equrpmen;':.itt,o.;t Punyor:s wnften oe miss on.Ary purpo,ted assignment Py Customer is void 13,Time of Return. customers r gnt to possessor terminates on the exultation of the rental period("Due!n"Cate&time)and retention of possession after this time constitutes a rrater.ai breach or fire Agreement Tate rs o`:h-essence:n this Acme'e d.Ar;v r;rtc-isior.must be!nut la v agreed upon in writing. 14,Late Return. 'Ij,to eo rirtlent i-,anc,sta>at all times remain.with Runyon.. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion;theft). 15.Time of Payment.A;cc.m-ls are in,and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in tie event the Customer violates any of the forms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court cos`s aria irterest of one and one half ft'z)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that 1legal aAo-is brought'o enfa•ce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time 17.Waiver,Any failure by eitner party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payrnant of additional rent classified as"darnage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the antal property.normal damage to be Bete:mined by Runyon.Customer stall pay upon return of property rented a sum equal to 59-b of rental charge.This"damage waiver does not include damage or loss of The property as a result of the negligence of C,storner or in the case of abusive damage.theft or other gross negligence of Customer This damage waiver shall not apply to reckless careless or abusive operation or use of the equipment.use or operation of the equipment exceeding its rated cacacity^rr damage to tires,tubes and wheels caused by blowout,brtnses,cuts.punctures or other causes inherent in the use of the equipment.11 Is understood the amount paid is not an insurance premiun-,and That this provision does not res-m an ircurarce policy e•at,agreement tP nsure.No damage waiver license,sales or use taxes are included fit Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.0 stomp agrees to pay for any damage to or loss of the goods regardless of cause,except reasonable wear and tear,while the goads are out of RinvuTi s possessio: Equipment ast,stolen or damaged beyon.repair:viL lie paid for at its current list price plus the cost of rental up;o the time of reporting the loss or theft to Runyon.The cost of repairs will be bottle by Customer,whether performed py Runyon,a,at Punyon's option:,by otners,at a charge of sixty-five doriafs(565 00)per tour plus parts. 20•Severabifity.-rhe provisions of this Agreement shall pe severable so that the rvaiidity,unenforceability or waiver of any of The provisions shall not affect the remaining provisions. 21,Loading and Unloading Equipment. Customer is responsible`or loading and unloading equipment If Runyon's employees assist in loading or unloading the equipment,Customer agrees to ass—,?the risx are Hold Runyon and/o•its employees harmless for anv property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon Is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23,Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting tram the Customer's use or operation of the equipment. 24,Charges,Customer shelf pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event trial fewer days ang:or m<es are actually used. 25,Other Liability.Customer assumes all risks from the improper use,of the equipment.Customer is responsible for damages to Customers property or goods in storage or in transit,cr for any property left or stared it,:the equipment,or elsewhere 'ha rem:ng local ori.Cll$tgnlet agrees not;c hold Runyon llab e for Ban ages from down titre,matehais or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon its ager;s anc employees i�arr�less prom arid adanst any and all losses,liabilit'es,damages,injures,claims,costs at,,expenses arising out of Customer's use or possession of the equipment.including,put not:coned to arty and air fines,penalties and forfeitures imposed by any,?over-neorta:snIty and,to the extent:,ot covered oy insurarce.ary c!a:ms or liabilities to third parties arsing out of the abandonment,conversion,concealment or unac'ho!¢ed sale of the equipment by Customer.or its agems or employees. or'or the co-disca'ion of the equipment by any gevemmemal authority because of ifiegal or improper use Customer shall additionally told Runyon harmless for all loss,lability and expense in excess a'the limits of liabily provided for here,as e .sni t of inlunr;ce.=.ff:gr properly damage 3nsir,g cut of Castamer's use Dt the equipment.Neither Customer nor any other user of the equipment shall be deemed the agcy':.servant or empl,oyee of Ruryon for any reasor•or a,y purpose.D.ir rig 'he term cf thy',Aul,e hi Customer assumes full responsibility for the equ pment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery is made x doses!pant;ruck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not irc!ude set up and knocK rJ•_,ti,of rabies and chaos ttk s-:vier i;ie{sire•(,arangements sho,)id be made several days prior to delivery with a special charge quoted.If no arrangements are made and th's service is desired on delivery,our driven muer call for authonza5nn 't;rile permits,we mh 'ry to asrcmmcdat2 you after quoting the fi ice.Or pick up where no prior arrangements have Dean made and rental items are not knocked down and asserrbleC in one sheltered area,tables and chairs w t be eft l rfi fta next day when a socaal crew:can be scheduled There',vd:be an additional one day rental,A knock down fee will result if rental stems use stiff up 27.Waiver of Jury Trial.Each party waives:ts right to a;dry trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate'D the sr,b;ect matter hereof including,w:Thouf!imitation,contract,tort,bread of duty;and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(3)acknowledges that ha!she/I has road a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its ury trial rights. 28,Tickets,Fines and Penalties.You agree to fully and promptly pay aIt fines.penalties,parking tickets,traffic tickets.tolls court costs,attorneys fees and other charges assessed during the Term in connecYon with the use,parking;storage,and/ or possession of the=quipment.regardless of:he identity et itie driver of any vehicle You rent from Us. 29. wing.Trailers and To The ct tor.e:s responsible for inspecting and maintaining the trailer coupling mechanism,safety chars,all tie downs,pins and lights in a sate and secure condition while in their possession.Customer agrees not to tow any tra:le-rented firm LESSOR DEALER(a)in a careless or neg`::gent manner,(b)at excessive speed or(c,while under the influence of medication,alcohol,or illicit of ugs. 30.Headings.The headings used herein are solely for convenient reference and shall not be used To construe or affect the hi erPretahon of this Agreement ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also go',,erned by;he part es'Eduipment Purchase Agreement. if the Egmpment Purchase and the Terms and Conditions previously enumerated are inconsistent.:half the terms from the Equipment Purchase Agreement prevail. AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUS'.Vc WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IM"LiED WARRANTIES.INCLJDiNG,WITHOUT LIMITATION,THE IMPLIED WA.=RANTIES OF MERCK-:A NT.ABII ITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OR THIS EQUIPMENT RUNYON EQUPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE=OR ANY SPECIAL,iINCIDENTAL OR CONSEOUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SA_E OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE ENDER-H OR FS OF-THE C�CONTRACTS OR iOPT RETURN POLICY FOR PURCHASED ITEMS:The customer.s nallte for a i shieDing costs when ieluTil at,exchanging an item to Runyon,unless the product has been damaged during srrlppirg.'TP:is policy also applie,to warranty returns.As stated:n the Runyon"Return Policy"whet rust,niers return an item or items fordredit,a 25° restod mg tee will be charged to your account,plus all applicable inbound and outbound freight This pgiidy arise applies to shipments refused and reterced. All canrellanors of whole aoocs are subject to a 25%fat real xvaced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is rot refundable.Ali parts purchases are run re^,mcable.Any shipment eceived in conditons ctber Thar.brand new will De charged 50".,;restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's respens,bilry to report any damacesshortaces within 48 hours of receiving the product.Runyon will not accept claims 48 hours after delivery Runyon will not accept,returns without authorizatior.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of retsrn.rg merctiardise.Runyon's MRA's are valid for 30 days after)ssoance,MRAs are hat valid after the 30 day time i'nn)t expires.Runyon will absolutely not,under any circumstances,issue air:MRA for returns on used it damaged products.Any 4a:ight related darnage mast be rated or the signed Bill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that.(a)Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the Eouip,rsrt:and(c)on the Terser Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seiler.at its sole optal elect to finance all or any portion of the Purchase Price)Buyer epressrts an y.arrarr that:( Bsyer has Pit necessary right,Dower and authority to enter into and perforr;the transactions referenced herein;Iii)Buyer has selected and caiefulry inspected and examined the Eeuip:^ert and found the same to be acceptable to Boyer is all respects based on cdtena estaobshed solely by Buyer and not based on any recommendation by Seller;and(my Buyer has received,carefully reviewed and s sat:sf od with,all available training,instructions,operating ano ser manuals,aril other-ifotratibn(rnc:tiding all training recurred under app!cable OSHA andror.ANSi Standards,if any)regarding the proper aria sale:ransperfafion,use,maimenance,repair and sterace o"he Ecti pir:;nt. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid Is not an Insurance premium,and that this provision does not represent an Insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GARMEI.•FISHERS•INDIP NaOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one halt(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a foot-Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnity Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 SHOP 3400 WEST 131ST STREET Con# 234363 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 06/28/12 9:35 AM JP F (317) 733-2005 ID#3 PO/JOB•:# RECEIVED BY SHOP RON WILLIAMS 06/28/12 9:37 AM JP ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY' OVNITE 8-HOUR DAY WEEK 4 WEEK 12 761445198065 SAFETY GLASSES NEMESIS SMOKMIR -�4t-. 99 59.88 59.88 12 711382025092 SAFETY GLASSES NEMESIS CAMO/SM , ?//.: ~tip 5 .99 71 . 88 71 .88 12 711382025115 SAFETY GLASSES NEMESIS RED/'SMK, ,'Ii, .. `i `, 4 . 99 59. 88 59.88 1 641817000540 RESPIRATOR MULTI,-PURPOSE MSX 37 . 99 37 . 99 37 . 99 ( t IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUI JECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 229. 63 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGNATURE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS.SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES 'PAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 229.63 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT �q °�° 1 CELL AMT BILLED 229.63 LEASED BY X ICI ` S �' =` - PHONE 28-JUN-12 09: 37 :52 EQUIPMENT RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment mal unctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that it has nad an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty to:aspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon`)of any defects. 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and'or arising out of Runyor's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings.costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction Cf prope r,or bo&y injury,illness.sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including active,Dasstve,pca:ary,or secondary)of Customer,its agents or employees,or anyone for whose ads any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and ah rney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action or:.its own behalf and Customer agrees 'hat:shall be liable for all costs,expenses and attorney'S fees incurred by Runyon it such defense. 4.Rental Charges and Terms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future±except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel,E85.etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs tnat result from a!ternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall rot be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer,s totally responsible for all fire repair It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession, Customer is responsible for insuring the equipment once it leaves Runyon's property and unf l it has been returned to Runyon's property and payment nas been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN'NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILIT 11,Cleaning Charges, Equipment is to be retut ned to Runyon as clean as when it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations here r. Customer may not sublease or loan the equipment without Runycc s:vritten permission. Any purported assignment Dy Customer is void. 13.Time of Return. Customer's right to possession terminates on Ins expiration of the rental period("Due In'date&time)and retention of possession after this time constitutes a material breast of this Agreement Time is ol the essence in this Agreement Any extehstor,mist be mutual:y agreed upon in writing 14.Late Return, t lie to eqj pr,,e.t is and-naP at all times remain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(thef!). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement.Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one half f 1!,%;percent per month added to accounts over ten(10)days old,reflecting at,,annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that,r?gal action is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental Droperty normal damage to be determined by Runyon Customer shall pay upon return of property rented a sum equal to 5%of rental charge This"damage waiver'does not include damage or loss of the property as a result of the negligence of Canto-or or in fhe case of abusive damage,theft of other gross negligence of Customer This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operation of ine equipment exceeding its fated cacaciry or damage to tires.tubes and:vheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance prem-dm,and that this provision does not represent an!risurance policy or an agreement to insure.NO damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty;or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tea,while the goods are ou*of Runyon's possessior.Equipment lost,stolen or damaged beyond repo.i,•JII he paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,at,at Runyon's option,by others,at a Charge of sixty-five collars(S65 00'pet hour plus parts 20.Severability,-he provisions gf this Agreement shall be severable so that the inva!idity,unenforceability or waiver of any of the provisions shah not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume thin risk of and cold Runyon and/or its employees harmicss for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22,Property Damage. Runyon:s not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges- Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer In the event that fewer days ana.,or miles ate actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored it,,the equipment.or elsewhere in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees harmless`rem and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to arty and all fines,penalties and forfeitures imposed by any gorerrmenta'entity,and,to the eaten!not covered oy insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees, or!or the confiscation of the equipment by any governmental authority because of iliegal or improper use Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the I.mris of liability provided for herein as a rase;of injury.death or property damage arising out of Customers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon jot any reason or any purpose Dunng The tern of this Agreement,Custo pct assumes full responsibility jot the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery a made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock dawn of tables and chairs. if this Service is is gcaeq,arrangements shoatd be made several days prior to delivery with a special charge quoted.if no arrangements are made and this service is desired on delivery,our driver must call for authonzahon.it tape permttS,War V01I to acct mmodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be!eft until the next day:wben a speaa; crew an be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial.Each party waives is right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof including without imitation,contract,fort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(8)acknowiedges that heyshe;it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights. 28.Tickets,Fines and Penalties,You agree-to fully and promptly pay a;i fines.penaties.parking tickets,traffic tickets.tolls.court costs,attorneys'fees and other charges assessed du ing the Term in connection with the use,parking,storage,and' or possession of the Equipment,regardless of the Identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow, any trailer rented from LESSORDEALER(a)in a careless or negligent manner(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are solely for convenient relerence and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales ate also governed by the patties'Egtapment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MIERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE;�OR ANY SPECIAL.iNCiDEN1AL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER"HEOR!ES OF THE LA`v`v'CF CON f RAC T S OR TORT. RETURN POLICY FOR PURCHASED ITEMS The custome,s liable for all snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As stated, the Runyor"Retu n Policy"lvhen cusionters return an item or items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound fre aht.This pot:cy also appiies to shipmem$refused and returned. All cancellations of whole goons are subject tc a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non re`uncable..Any shipment received in conditions other than Drano ne:v will be charged 50%restocking fee of!he total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damagesfshorlages within 48 hours of receiving the piod;ci Runyon wilt not accept claims 48:hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of retun:rg merchandise.Runyon's MRA's are valid for 30 days after issuance.MRAs are not valid after the 30 day time limit expires Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products Any fre,oni related damage must be rioted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the tmnsaotions referenced herein:(b)Seller has good and marketable title to the Equipment:and(c)an the Transfer Date,Sc Iler will convey the same to Buyer(save only for the purchase money lien,if any.to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price)Buyer represents and war ar.!s that:(r)Buyer has all necessary right.power and authority to enter into and perform the transact ons referenced herein;pi)Buyer has selected and carefully inspected and examined the Equipmert and found the same to be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(fill'Buyer has received,carefully reviewed and is satisfied with,all available training,instructions.operating and user manuals,gait other ihformatidr,(including all training required waiter applcab'e OSHA and/or ANSI Standards,if any':regarding The proper one safe trans;ortatirnt,u,e maintenarce,repair an^storage o`The Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee.Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of ®® property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee Oor In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use IUD of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT ItCNTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive°Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and 64MEL o FISHE{z5 c INDUW aOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3`07 — 536 — 0000 The parties agree that in the event the Rentee violates any of the terms and oonditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one hag It 1/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrenfaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 77 Dci y$ Qi Week Monday- Friday 7:00 am -5:30 pm°Saturday 7:00 am -4:30 pm °Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET #, CARMEL STREET DEPARTMENT # 503 STOCK 3400 WEST 131ST STREET Con# 234379 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME :. W (317) 733-2001 OUT 06/28/12 10:40 AM JP F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY STOCK HOBBS, JAMES A 06/28/12 10: 40 AM JP ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 2 123 STOP/SLOW PLASTIC 6"/6' 79;.199 159. 98 159. 98 t�t ` VI) ,A IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUEUECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 15 9.9 8 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY )THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES o.00 BY RUNYON EQUIPMENT RENTAL. X S(G1144TJRE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS.SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 159. 98 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT Pf 1! '� {11 ji CELL AMT BILLED 159. 98 LEASED BY X P f-11 !Zt A ; ,�. PHONE 28-JUN-12 10:40:59 RQETU NEOBY X itaN [ UBE RENTAL FEES DO NOT APPLY TO PURCHASES. ---W—ECHAWE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Cus rm?r ack,),a,,Ieoges th t it f a,riad aft opportunity to personally inspect the equipment and finds it suitao!e for its needs and in good condition,and that Customer understands its proper use.Customer farther acknowledges its gutty to:')spec`tae equipmer:prior to use and notify Runyon Equips ent Remelt Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT IT IS FREE FROR•1 DEFECTS. 3.Indemnification. Cu-tome,agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dsmemberment caused by the equipmew andfor arising out of Ruryon's negligence. Custom:r sn,11 'dem,;fy and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs.expenses;damages and liabil ties including attomeys fees which(1)relate to injury or:C desiructdr,of p.per ry;cr bud:v injury,:ilness,sickness,disease or death of any parson(:nclud ig employees of Customer),and(2)are caused by,or claimed to be caused in whole or:n part,by the equ pmertt leased mete')or by the i:abi'iity or conduct;including c,absr�a,Pn:aary or secondarrr of Customer;its agents or employees,or anyone for wnose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone w`V rh Runyon e a=ed party for which Runyon is alleged to be liable or,sponsibe as a result of or arising out of the equipment,or any aleged ac:or omission by Runyon,and Customer shall tie liable and responsinle In•all costs•expenses rhd atminev's:o,s Incurred in site')defense andror settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend Bald action on its own behalf and Customer agrees a;.^shall na iable,for all costs,expenses anb anorney's fees incurred by Runyon in such defense 4.Rental Charges and Terms.Equipment with hour meters is allowed eight f81 hours use wdh n a 2"-hour period of ti^-.e Rental rates for equipment are based on usage during this e:gnt f8)hour shift It Customer runs the equipment tar over o nours in one day,Customer will be charged for extra^ours on equipment.One bay is 24 hours or eight(8)nours runrina time. 16 hours running time m 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge 5.Future Rentals.Customer acknowledges that the:ems of this Agreement will be deemed to apply to at Equipment Customer stay rent or purchase from Runyon.,whether on the date of this Agreement or at anv time In the future(except only as to any Equiprn nt and' other items with respect to which Customer executes a new Agreement; 6.Prohibited Uses. Use of the equipment in the foi!ow:ng circumstances is prohibited and constitutes a breach of this Agreement(a)Use'or i!!egai purpose or in an illegal manner,(b)Use when the equipment s in bad repair or is unsafe;(cj maroper,unintended use or misuse,i(dt Use by anyone other;nap.Customer or its employees vr=thout Runyon's winter,permission:;e1 Use at any location other than the address famished'runyon without Runyon's w!itten permission. 7.Fuel and Oil Levels.All equipmert is full of fuel wheo rented to Customer and must be returned to Runyon full or additional charges w,ll apply.Also.use of alternative fuels(Biodie=el.E85.etc.)in Runyon equipment is prohhibited.Customer is liable for all damages and repairs trial result from aiterra,ivs fue Runyon checKs the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this cor.imct,Dealer may terminal,this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shat:rot be liable for any cia;rrs for damage or uespass ar.'sing out of fife removal of:he gabs. 9,Tires.Ccaomer is totaNy responsible for all fire repay 11:S Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Hunyon's insurance does riot corer equipment while in Customer's possess-on. Customer is responsible for insuring the equipment once it leaves Runyon's property and unti it has been returned to Runyons property and payment pas been racer red.EQU'P"AEN 7 MAY ONL`I BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION Q`HER THAN NORMA.-BUSINESS HOURS RENIA'NS THE CUSTOMERS ?ESPO.NSIBILi'v 11.Cleaning Charges. E;u.p!nert.s to be re,urneb to Runyon as dean as when it let, A Charge of sixty-five dollars(Si Per hour^rr'I be charged for cleanup 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all ohligatoris here:r C s:omer may not sublease or loan,the equipment vrihoat Duny_r's antler pe russion. Acv purported assignment,by Customer is void 13.Time of Return. Customers riy`t to pay»ess on terminates cif the expiration of the rental period!'Due!r date& me)and retention of possession alter this time constitutes a^:ales al breach of in s Acreereenl. T me is r'the essence n this a�.t rr-,;rbi;•is,Cr rn sr,re mtt:ai:y agreo'upon it vvriiing 14.Late Return, die to c::p—er1 it,an ,r^i'at ail limas re^aih avrri Runyon Failure to return the equipmert by the"Due In'date will subjecu Customer to a charge of conversion(thetb. 15.Time of Payment.A,counts are'ue find;ayabi?at the teiminehioh of the rental period. 16-Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the!arms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's`eels,court costs and vite-st of one and one`calf f 1?-t cercen,Pcr month adoec to accounts over ten(10)days old,reflecting air annua'percentage rate of eighteen(18)percent Customer agrees that this agreement is to be corstruee under the laws of the State of Irgiara and^hart i1 iega act on is brought tC enforce t!is agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyor and Customer at a later time. 17,Waiver,Any failure by either party to enforce any provision')of ibis Agreement shall not constitute a waiver of such provision;or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver. Ir^ogsicP.aticn of the payment of additional rent classified as'cartage waiver''by Customer,Runyon agrees to,and hereby does,waive its right,of any right it might have against Customer,arising from normal damage of Inc, rental property nor:ma damage to be determined bV Runyor.C,tsfomer shati pay upon return of Property rented a sum equal to 5%of rental charge This"damage w•aive�does not rciude damage or!oss of the proper ty as a result of,he negligence of Crstoh:e:cr in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipir if.use or operation of in,equipmer;exceeding its ,also cacacr or gamace to tires,tubes arid',vheels caused by blowout,bruises.cuts,punctures or other causes inherent in the use of the equipment. Its understood the amount paid is not air insurance prem ir-,and that iris provision does not e;resem an:sun prce Pa.fi:.y err an a9,ee,f,ent to'r Urc.N,damage,meaner license,sales or use taxes are included it)Runyon's rental rates.They are extra. 19.Damaged,Dirty;or Lost Equipment.Customer agrees to Pay tel:any damage to or loss of the goods,regardless or cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipmeni oat,stolen or darriaaed wane repo ^:i.'rte Cvnir for at its curent ist ;rice P!bs tae cost ot rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed'.;y Runyon,or,at?°lion's optrnr,cy otaers,at a change of vx',•-r,,r aoilars IS6c^•C per'rour;plus pails 20.Severabihty. 'he,provisions o'tP,s Agre impni shall be severable so that the invalidity,unenforceabriity or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. CustomeT is°esponsible for leading and unloading equipment. It Runvon`s employees assist in loading or unloading the equipment,Customer agrees,c ass vnc the ns,;'and rno Pinyon an6o,its fs-p,oyees bar^iZs,for any property dams tie or Personal:n?.mes,'iduairg damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsiole fo•any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon, 23,Fees;Licenses,Permtts,Taxes and Fines. Customer shad be solely responsible for payment of any fees,licenses,permits,taxes or lines,required by or resulting!rain.the Customer's use or operation of the equipment. 24.Charges. Cu:omen shall pay ail charges required under this Agreement upon gemand.Customer agrees that mileage and time charges are mini ni charges only and that nC refund br reimpursement is due Customer in the event tnatfewer days ana'ar m les are actually used 25.Other Liability Customer assumes all risks from the rnnproper use of the equipment.Customer is responsible for dar+nages to Customer's property or goods in storage or in transit.or for any p:oaerty left or stored in the equi pment,or e,sewhere in trig rent:ng location.Customer agrees,rot to?old Runven table to,damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer elpascs and nolds Runyon its agents and amplcyees i,ar";oss'iorr,a^d aga nst an'y and all losses,uabilit es.damages,injures claims.costs and expenses arising Cut of Customer's use or possession of Ifie ogdiornent,in:<admg,punt not!:mrfed to any air(,,ail fines,penalties and forfeitures imposed by ally gd er ^.er4a entity,and,to the exlert riot coveted oy insuranc?,any-!a ms or liabilities to third parties arising out of the abandonment.conversion,Concealfrent or uf,aWhorizce saie of the equipment by C,Stoner;3,its agents or ernproYees, of!or:he cehfis°a'on of it-equipment b;v any grvemmemal autho^dy because of iliegal or improper use.Customer shall additiona0y hold Runyon harmless for all loss,liability and exoense in excess of the i:mdts of liability,provided for herein as a •es_t of')jury.air,ti or p,:�per•y damage arising Cus of Customer's:se of:he equipment. Neither Customer nor any other user of the equipment,shall be deemeq the agent servant or e.mpioyee of Runyon for any reason or any:purpose- ")wire :he mr.of 1:1,s Allit'.ement,Customer ass,,mes full respoosibdity for the equipment to the public and any regulatory bony having jurisdiction. 26.Delivery7P,ck Up.Dever;is made"closest parr trucx can park Extra charges will result in deliveries to upstairs,elevator use or any point,where extra time is involve(!,Oar service does not;nc;ude set up and knock own J taP!cs ar,c"a is. 1.?ins s r.ice s iuy.iucc.arrangements shoa!d be mabe several days prior to delivery with a special chage quoted.It no arrangements are made and this service is desired on delivery,our dnver must call for aut.hor>_aTor,.1 e pemras,.•,:e rAi ,;;to arcoh,mo i+ you after quoting the price.On pick up where no prior arangemerns have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs w::!oe tell until the next,day v.,hen a scec a: •�tev,,an re scheduled.There will be an auididonal one day rental.A knock down lee will result if rental items are still up. 27.Waiver of Jury Trial.Each batty waves its right to a jury trial of any claim or cause of action based on or arising ouil of this agreement or the subject matter hereof.This waiver pertains to all disputes that may:elate to the subject matter hereot. `nduding.w°ihoul mnitatioe,contract•tort,breach of duty and all other common law and statutory claims,and wil!not be subject to any exceptions Eacn party A)understands that this is a waiver of important legal rights and All acknowledges v at fhershera has nab a reasonable opportunity,to discuss this waiver and its effects with legal counsel Accordmg!yl each par':y knowingly,voluntarily,ii revocably and uncon6l o`a11y waives its jury trial rights. 28.Tfckets,Fines and Penalties.You ag,ol,to fu:iy and promptly:ay al:fines.penalties.perk rg tckets,traffic tickets.tolls,court costs,attorneys'fees and otner of argbs assesseb during the Term in connection with the use,parking.storage.and± or possession of tr e Equipment,regardess of the idenbiy o'*.he dr:vt-r of any vehicie'liou rent from us. 29.Trailers and Towing,7fle Gusto.^x)r:s responsible far inspecting and maintaining the trader coupling mechanism,safety chairs,all lie downs,pins and lights in a safe and secure condition'vo)ile in their possession.Customer agrees not to tour air;'.(a:,er rented front LESSORIDE,ALER(a)in a careless or negligent manner,(b)at excessive speed or(c)wale under the influence of medication,alcohol,or illicit drugs. 30,Headings.T!•e read rigs used hereon are solely for cover:lent rer:erehce and sha!i not be used 1C construe or a`ect Inc,interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales ale also u.cverred by'.he paties'Equ:pr lent Fur:lase Agreement if the Equipment Purchase and tine Tarns and Conditions previously enumerated are inconsistent'her,the terms fiom the Equipment Purchase Agreement prevail AS•iS—NO WARRANTY:`HE t:tARRANTY IS THE SOLE AND EXCLUS:VE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.INCLUDING,WI-iHOUT L':VITATION,THE Ifv1°L!ED °r'ArRAN—IES OF t•1ERC=:A%TABILITY'AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE O-THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFli IATED COMPANIES WILL NOT BE LIABLE OR RESP0NSILLtL=uR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SAwE OF iH S EOUIPIVENT fO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE _J P.—H'_Oq:E.3 OF HE:A`,"d 0=CCNT„ACTS OR TOPT. RETURN POLICY FOR PURCHASED ITEMS:The customer is!iab:e for a:shipping costs;when retuning or exchanging an item to Runyon,unless the product has been damaged during shipp rg.?his policy also aPpii=s it wat-anty returns.As siatoo r line ganyon'R-ban Puicy",*help ru,inners return an item a items for credit a 259 restocking lee will be chargec to your account,pies all applicaD'o inbound and outbouPC fre ght.This policy also applies to sNpmonts refused and returned. All cancellat'ons of wt le goeas are subjec tc,a 23ib(of'otai^vriced order)cancellation fee on in stock items from Runvrn locations ONL',.Return shipping of the product is not refundac.e.All parts purchases are lion re.'mdabie.Any shipment eceved in co-iddions other than brano nee,win as c'narged 5J'.,^estockcng fee of the total amont.All returns must be properly boxes before they are returned.Its the c isomer's responsibilr y cp report any camages`sho:ages•rvihin 48 hours of receiving rive prod rrt.Runyon wtli not accept dainis 48'inurs otter de!:vil y Runyon will not accept returns without authorization.Upon issuing a Morelli Return Authorization(MIRA),R anyron will ir:struc'customers as:C the bast means cf ,tit;r: g merchard;sa.Run t'on's MRA s are valid for 30 clays after issuance.MRAs are not valid after the 30 day t-nie lim'rf expires Runyon will absolutely not,under any air,,amstances,issue ar hv1RA fir returns on uszl or damaged products Any ire:rnt rely:�o damage must be noted oc the signed Blur:of Lading AT THE TIME OF DELIVERY The purchase once at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seder represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced hatch;(b)Seder has gcoo and mar ietable fit:e to the Eouipmert,anu(c)::n the Transfer Date,Seller uvdl convey the sa^,e to Buyer(save only tar the pumnase money lien,it arty.to be retained by Seller should Seder,at its suite option.,elect to finance all or any portion of the Purchase Price),Buyer oresen's an<d twatrams t',at(:)Buyer as all necessary right,power and authority to enter into and perform the transactions referenced herein;(i:)Buyer has selected and carefully inspected and examined the Equip—larl a:ic found:he same:C be ,roan table t.Buyer in all respects cased or.rru na estan,shed Soler•,by Buyer and not based or any recommendation by Seller;and ii;Buyer has received•carefully reviewed anc:s sat sf:ed;v;fn all averiaba trair:ng,instructions.operating and sc:manua ls.._. i iffier:;formatien;inc.poi'i; training r,v lied n r, tpp: abrc OSHA d:: ;nr A",S:Sta darGS,it tiny;,rag:ltd=g the F.rnter arum.safe:raps^:ttatinr.,„- n,4ntenarce,icpa'a and storage the EgAomunr In consideration of the payment of additional rent classed as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of IVV'�vv< ,rA property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT{'�NTiAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive a Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,9 a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LAWCL o FISHERS o INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3'9 7 — 553 — 3000 The parries agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one hat(112)percent per month added to accounts over ten(10)days old,retectng an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or rtness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 D®ys Qi Week Monday- Friday 7:00 am - 5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm 'RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 234822 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/02/12 10:27 AM WH F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY PRIVETT, SHAUN R 07/02/12 10:27 AM WH ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8=HOUR DAY WEEK 4 WEEK 1 072067494016 CRAYONS LUMBER BLACK EACH r0 99 0. 99 0.99 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE W DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.99 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND l FULLY UNDERSTANDTHOSE lNSTRUC103.1 ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGNA�URE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 0. 99 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT ° PHONE AMT BILLED 0. 99 LEASED BY X R if; ; 02-JUL-12 10:28: 15 EQUIPMENT RETURNED BY X Si NATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT 197 TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,RUEL AND ELECTRIC CURRENT. will apply. X NITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Cusomer acknowledges that n has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands is proper use.Customer further acknowledges its duty to inspect the equipment prior to use and nobly Runyon Equipment Rental Inc(hereinaller"Runyonj of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY 08 FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment andror arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims.actions.suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(t)relate to injury or to destruction of property,or bodily injury,illness,sickness,disease or death of any person;including employees of Customer),and f,2)are caused by,or claimed to be caused.in whole or in part.by the equipment!eased herein or by the hability or conduct(including active,passive,piimay or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced py anyone in which Runyon is a named party for which Runyon is alleged to be liable a.,responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all casts,expenses and attorney's fees incurred in such defense andror settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs,expenses and a torney's fees incurred by Runyon in such defense. 4.Rental Charges andTerms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period or time. Rental rates for equipment are based on usage during this eight(6)hour shift. If Customer runs the equipment for over 8 hours in one day.Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when itie equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage of trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all tire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly,and unt I it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Equipment's to be returned to Runyon as clean as when it left.A charge of sixty-five dollars±565.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or fear,the equipment without Runyons written permission.Any purported assignment by Customer is void. 13.Time of Return. Customer's r:ggf to possession terminates an the expiration of the rental period("Due in"date 8 time)and retention of possession after this time constitutes a marivai breach of this Agreement,Time is Df the essence U)this Agreement Any extension mast be mutually agreed upon in writing. 14.Late Return.`die to equipment is and sheP a:ail times remain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees.court costs and interest of one and one half If'-2)percent pet mcnth added to accounts over ten(10)days old.reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that it legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time 17.Waiver.Any failure by either par;;to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as'damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customei,arising iron:normal damage of the rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5`0 of rental charge.This"damage waiver•'does not include darnage oI loss of the property as a result of the negligence of Customer or in the case of abusive damage,that or other gross negligence of Customer,This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an Insurance premium,and that this provision aces not epresent an insurance policy or as agreement to insure.No damage waiver license.sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or thef to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's action,by artists.at a charge of sixty-five dollars($65.00)per hour plus parts. 20.Severability.The provisions of INS Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the nisi:of ring ri 1fj Runyon andror its employees nameless for any property damage or personal Injuries.Including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is hot responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees.Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment 24.Charges. Customer shall pay all charges required under this Agreement upon demand Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Custorer in the event that fewer days and/or miles are actually used 25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment.or elsewhere in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees harmless from and aga nsf any and all losses,liabilities,damages,injuries.claims,costs and expenses arising out of Customer's use or possession of the equipment,Including,but not limited to any and all fines,penalties and forfeitures imposed by any governmental entity and.to the extent not covered by insurance,any riaims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees, or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss.liability and expense in excess of the limits of liability provides for herein as a result of injury,death or property carnage ansing out of Customers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent.servant or employee of Runyon for any reasor,or any purpose During the term:of:his Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction 26.Delivery/Pick Up.Delivery is made to closest point truck can park.Exh a charges will result in deliveries to upstairs,elevator use or any point where extra time is Involved.Our service does not Include set up and knock sown of tables and chairs. If this service Is required.arrangements Should be made several days prior to delivery with a special charge quoted.it no arrangements are made and this service is desired on delivery,our driver must call for authorization,if*me permits,we will try to accommociare you after quoting the price.On pick up where no prior arrangements have been made and rental Items are not knocked down and assembled in one sheltered area,tables and chairs will be left,unGi the next day when a special crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial.Each party waives Its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof, Including,:vithout Ilmlation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of Important least rights and(B)acknowledges that her'she,l has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally waives is jury trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,rolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and/ or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow any trailer rented from LESSOR'DEALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail AS-IS-NO WARRANTY:THE WARRANTY lS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING.WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customer is!fable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy a:so applies is warranty refurrts..As slated in the Runyon.-Return Policy:when customers return an item or items for credit,a 25 restocking fee will be charged to your account.plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned. All cancellations of whole goods are subject to a 254 (of total invoiced orger)cancellation fee on In stock items from Runyon locations ONLY.Return shipping of the product Is not refundable.Ail pa^s purchases are non refundable.Any shipment received in conditions ocher than brand new will be charged 501,,6 restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any darriages/shortages within 48 hours of receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of returning merchandise.Runyon's MRAS are valid for 30 days after issuance,MRAS are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MIRA for returns on used or damaged products.Any freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the Equipment,and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien.if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price)Buyer represents and warrants trial(g Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein:(if)Buyer has selected and carefully inspected and examined the Equipment aria found the same to be acceptaos to Buyer in all respects based on criteria establishes solely by Bayer and not based on any recommendation by Seller;and(iii)Buyer has received.carefully reviewed and is satisfied with,all available trairmg,Instructions,operating and user manuals,and oilier informatior.(including all:raining redo red under app!cable OSHA andror ANSI Standards.if any)regarding the proper and safe irarspertation,use,maintenance.repair aria storage of the Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right a might A have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of IV°Gv Ar property rented a sum equal to 50/6 of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,arts,punctures or 6QUIpMI;NT{ZEN7r�l. other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and thatthis provision does not represent an insurance 410 W.Carmel Drive u Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LAFLMEL,o FISHERS o INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. Z-107 — 366 — Goes The panties agree that in the event the Rentee violates arty of line terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(1 12)percent per month added to accounts Quenon(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a root- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection wdh the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www,runyonrenfaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Daps a Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 910 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 234875 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/02/12 3: 45 PM MS F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY CLARK, MICHAEL C 07/02/12 3: 46 PM MS ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 1 754166134511 DRILL BIT SDS 1/2"X6" �SN 99 5. 99 5.99 IFTHE EWIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTM A CHARGE OF cowmsioN(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 5. 99 1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I EULLYUNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT IAM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGNA URE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 5. 99 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR EQUIPMENT �°g (j I r., CELL AMT BILLED 5. 99 LEASED BY X tv f[el i N ' �'° PHONE 02-JUL-12 15: 46:31 EQUIPMENT RETURNED BY X S?11 t NAT `RE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME" Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,RUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment mal unctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further aciinowiedges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafler"Runyonj of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS.EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.ORTHAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment,caused by the equipment and/or arising out of Runyon';negligence. Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims:actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(t)relate folniury or to destruction of property,or bodily injury,illness.sickness,disease or death of any person.(including employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in part.by the equipment!eased herein or by the liability or cori%ct(including active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at Its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in wh ch Runyon Is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorney's fees incurred in such defense and/or settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action or its own bahaif and Customer agrees that*1 shall be liable for all costs,expenses and attorney's fees incurred by Runyon:n such defense. 4.Rental Charges and Terms.Eq.uipment with hour meters is allowed eight(8)hours use within a 24-hour period of tittle. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge 24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowl w that the terms of this Agreement will be deemed to apply to a'!Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future except only as to any Equipment and/or q;�±ams with respect to which Customer executes a new Agreement). 6,Prohibited Uses. Use of the equipment:n the following dreurnstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Ruryon full or additional charges will apply,Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks tae oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all lire repair. a is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance, Punyon's insurance does rot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly and tin;'it has been returned tb Runyon's property and payment has been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left A charge of sixty-five dollars(S65 00)per hour,trill be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights undo?this Agreement without Customer's consent,but will remain bound by all obligations here^:.Customer niay not sublease or can the e4uip'nont without Runyon s written permission.Any purported assignment by Customer is void. 13.Time of Return. Customers right to possession terminates on the expiration of the rental period(('Due in'date 8 time)and retention of possession after this time constitutes a material bread of this Agreement.Time is of the essence in this Agreement.Any extension must be mutually agreed upon in writing. 14.Late Return.T itia to e0i.Lpment is and shati at all times remain with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft) 15.Time of Payment.Account;are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one half(1!-_)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that it legal action is bought to enforce this agreement.that Hamilton County,Indiana.shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as-damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property.normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or of the property as a result of the negligence of Customer or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation,of the equipment exceeding its rated capacity,of damage to tires.tubes and wheels caused by blowout.bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount pad is not an insurance premium,and that this provision does not represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty.or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyor's possession. Equ pmon;lost,stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,o(,at Runyor's option,pv others,at a charge of sixty-five dollars($65.00)per hour plus parts. 20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unentorceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Custgmet agrees to assume the risk of r rd hold Runyon and/or its emp oyees)at mess for any property damage or personal Injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-fob deliveries or pick-up by Runyon. 23.Fees.Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges. Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,Or elsewhere in the renting location.Customer agrees no;to hold Runyor liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees harmless from and against any and all losses,iiabilit es,damages,injcees claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by any governmonipi entity,and,to the extent not covered by:nsuiance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sate of the equipment by Customer.or its agents or employees or for the confiscation of the equipment by any governmental authority oecause of illegal or improper use.Customer shall additionally hold Runyor harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a result or Injury,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reasor or any purpose. During the term of his Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.De!very:s made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not ir,cLide set up and knock down of tables and nairs. L'this service is requited,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization if time permits,we will try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be!eft until the next day when.a special crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof This waiver pertains to all disputes that may relate to the subject matter hereof, including..vithout?imitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights arid(B)acknowledges that helsheid has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally waives its jury trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls.court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and" or possession of the Equipment,regardless of the identity of the driver Of any vehicle You rent from Us. 29.Trailers and Towing,T he customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession,Customer agrees not to tow any trailer rented from LESSOR.,DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equipment Purcnase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail. AS-IS—NO WARRANTY:THE WARRANTY iS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING.WITHOUT LIMITATION,THE IMPLIED WARRAN TIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE POP ANY SPECIAL,INCIDENTAL OR CONSEOJENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,urless the product has been damaged during shipping.This policy also applies 70 warranty returns.As stated the Runyon'Return Peljcy"when customers return an item or items for credit,a 25%restocking fee will be charged to your account.plus all applicable inbound and outbound freight This policy a:so applies to shipments refused and returned All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on In stock items from Runyon locations ONLY.Return shipping of the product is not refundable All parts purchases are non refundable Any,shipment received in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damagesishortages within 48 hours of receiving the product.Runyon will,not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Atdhonzation(MR,A),Runyor will instruct customers as to the best means of returning merchandise Runyon's MRA's are valid for 30 days after issuance.MBAs are not valid after the 30 day time lima expires.Runyon will absolutely not,under any etrcurnstances,issue an MRA for returns on used or damaged products.Any freight related damage must P;noted on the signed Bill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that(a)Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the Equipment:and(c)on the Transfer Date.Seiler will convey the same to Buyer(save only for the purchase money lien.if any,to be retained by Seller should Seiler,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that:(g Buver has all necessary right.power and authority to enter into and perform the transactions referenced herein:(it)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptab:o to Buyer in all respects based on criteria established soley,by Buyer and not based on any recommendation by Seller;and(in)Buyer has received,carefully reviewed and is satisfied with all available training,instructions.operating and user manuals,ano other information(including all training required under applicable OSHA and/or ANSI Standards,it any)regarding the proper and safe tracsportaf,on,use,rmaintenaacr repair and storage v the Equipment. In consideration of the payment of additional rent classed as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might R U NCO N _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of AVA property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or 6QUIVMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W,Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LA(LMEL•FISHERS•INDIANAPOLI$ shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or "Don't L �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property damages,loss of income or any other www,runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED TO JOB.LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 235301 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/06/12 9: 08 AM MS F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY JOHNSON, RANDY R TURNED 07/06/12 10: 11 AM TT ***FINAL*** Page: 1 QTY ITEM# EXT AMT :.NET AMT MIN HOURLY OVNITE 8-HOUR - DAY . WEEK 4 WEEK 1 8140-0004 PRESSURE WASHER 3500 HOT WATER 85.00 85.00 $85. 00/4 105 . 00 105 . 00,, 42,0-"-00 , \1260 . 00 1 6 KEROSENE ,'; � 'q �( V 4 .75 4 .75 4 .75 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IW DATE,YOU WILL BE SUBJECTT'O A CHARGE OF CONVERSION(THEF4 Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 85.00 Customer is liable for all damages&repairs that result from alternative.fuel. SALES 4 .7 5 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT ANDJ FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 4.25 BY RUNYON EQUIPMENT RENTAL, X SIGt:;, ;;RE Addl TAX 0.0 0 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 94.00 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT X B�U'3(Iii'€ ��Rf.i6 CELL AMT BILLED 94 .00 LEASED BY PRINT AtV E PHnNp 06-JUL-12 10 : 14 :42 EQUIPMENT RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHAFIGE FOR TIME OUT NOT TIME f� a' Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,RUEL AND ELECTRIC CURRENT. will apply, X NITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that It has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use Customer further acknowledges its duty to:aspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment,caused by the equipment andlor arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses.damages and liabilities including attorney's fees which(1,re ate to injury or to destruction of property,or bodily injury,illness,sickness,disease or death of any person:(including employees of Customer),and(2)are caused by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including aCtve,passive primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at's own cost or expense,defend Runyon against all suits or proceedings commenced by anyone :n which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result,of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorneys fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees that;t shall be,liable for all costs,expenses and attorneys fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shaft. If Customer runs the equipment for over 8 hours in one day.Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment and/or other gems with respect to which Custorrrer executes a new Agreement). 6.Prohibited Uses, Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe:(0) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written Dermission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or add it anal charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited Customer is liable foi all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Customer is totally responsible for all tire repair. It is Customer s option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Pinyon's insurance does rot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION 0TH;R THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound Dy all obligations herein.Customer^gay rot sublease of loan the equipment vnt'nout Runycr's written permission.Ally purported assignment by Customer is void. 13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due in date&time)and retention of possession after this time constitutes a material breach of tea Agreement 1-:me is `the esserce nT this ,Agreement Any extension must be mutually agreed upon in writing. 14.Late Return.Title to egwpmant is and she!at all times remain with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period 16.Violation of Agreement and Venue Costs. Customer agrees that its the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees.court costs and inferest of one and one halt(1 t7)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Ind:ana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Any!aGure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 16.Damage Waiver.in consideration of the payment of additional rent classified as`damage waiver by Customer,Runyon.agrees to,and hereby does.waive its right,or any right it might have against Customer.arising from normal damage of the rental property,not mat damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage the"or otr.er gross negl'gence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the egmpmeni.use or operation of tae equipment exceeding its rated capacity,or damage to tires,tubes and:wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount paid is riot an insurance orem,um,and file!this provision noes not represegt an:nsura'Ice policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear.while the goods are out of Runyon's possession Equipment loss,stolen or damaged 'oeyono repair wit!be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether oerformed Dy Ruryon or.at%nyon's 001,0^,by Others.at a charge of sixty-five oolars 1565.(`0)per hour plus parts 20.Severability.The provisions of this Agreement shall De savetable so that the invalidity.unenfomeab lity or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the rsx of and held Runyon andior its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits•taxes or fines,required by or resulting from me Customer's use or operation of the equipment 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use o`the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or fur any properly left or stored:n the equipment,or elsewhere in the ranting location.Customer agrees not to hold Runyon liable for damages from down Time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees harmless from and against any and all losses, ab lilies,damages,injuries.claims.costs and expenses arising out of Customers use or possession of the equipment,including,but net limited to any and all tines,penalties and forfeitures imposed by any governmental entity.and,to the extent not covered by�nsurance.ary claims or liabilities 10 third parties arising out of the abandonment,conversion,concealment or unauthorized sale cf the equipment by Customer,Or its agents or employees. or for the confisf aiicn of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally field Runyon harmless toI all loss,liability and expense in excees of the limits-t liability provldeO for herert as a result cif injury,death or property damage arising out of Customer's:,se of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent.servant or employee cif Runyon for any reason or any purpose During the terms at this Agreement,Customer assumes full responsibility for the equipment to the public and any regnatory body having jurisdiction. 26.Delivery/Pick Up.Delivery is made to closes point ruca can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of taples and:airs I'this sarrl_o is required.arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service Is desired on delivery,our driver must call for authcr zahon If tl me permits,•ire will y to ac onunodatg rou after quoting the price.On pick up where no prior arrangements have heart made and rental items are not knocked down and assembled in one sheltered area;taUes and chars will be left uahl Ine next day when a special crew cart be scheduled.There will be an additional one day rental.A knock down fee will result it rental items are still up. 27.Waiver of JuryTriai.Each party waives its right to a jury trial of any-,arm or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes!hat may relate to the subject matter hereof, including without limitation,contract,tort,breach of duty,and all other common law,and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that he/sheht has had a reasonable opportunity to discuss tnis waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily irrevocably and unconditionally waives its Pry trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay,al:fines,peraitres.parking tickets,traffic tickets,tolls.court costs,attorneys'fees and other charges assessed during the Term in connection er:1h the use,parking,storage,and" or possession of the Equipment.regardless of the identity or the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie do,vns,pins and lights in a sate and secure condition while in their possession.Customer agrees not to tow any tra:ter rented from LESSOR�DEALER fa'in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and sha!I not be used to construe or affect the:nierpietation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement preva,:. AS-IS-NO WARRANTY:THE WARRANTY:S THE SOLE AND EXCL UISIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFiJATED CO.MRANIES WILL NOT BE LIABLE OR RESPONSIBLE=0R ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT RETURN POLICY FOR PURCHASED ITEMS:The customer s liable for all shipping costs when returning or exchanging ar item to Runyon,unless the product has beers damaged during shipprng.Tf's policy ars;applies In warranty returns As stated in the Runyon`Return Peircy"whop customers return an items or items for credit,a 25%restocking fee will be charged to your account.plus all applicable Inbound and outbound freight.This policy alsc applies to shipments refused and returned. All cancellations of whole goods are suliject to a 25 (Of total Invoiced order)cancellation fee on in stock items from Runyor.locations ONLY Return shipping of tae products not refundable All parts purchases are,ton refundable.Any shipment received in conditions other than,brand nevv will be charged 50`b restocking fee of the total amount.All returns must be properly boxed before they are returned It's the customer's respons:hilry to report any daniages/shortaces within 48 hours of receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA) RLInVOn will instruct customers as to the best means of returning merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day Time limit expires.Runyon will absolutely not.under any circumstances,Issue an MRA for returns on used or damaged products Any freight related damage must be noted on the signed Btl!of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:ib)Seller has good and marketable title to the Equipment:and(c)or:the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at Its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that:(i)Buyer has all necessary right,power and authority to enter Into and perform the transactions referenced herein:(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same 10 Da accaptaD'e to Buyer.n all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and fill)Buyer ties received,carefully reviewro and is satisfied with.all ava able tsar cg,instructions,operatlrc and user manuals,and ct-,er infor malice(Including a:'training req.:Ired tinder applicable OSHA and/or ANSI Standards,it any)regarding the proper and sate frarsporator,use.,ma:rtenance 'apalr aiC i^toga g'U'e Egulpmeni In consideration of the payment of additional rent classified as"damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might R ��O have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of Ar property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENTNtAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,it a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GAF401F L•FISHER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 - 566 - 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts overten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment.The Rentee agrees to indemnify Renter,from any daim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any acton brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 PATCH TRUCK 3400 WEST 131ST STREET Con# 235583 CARMEL IN 46074 Loc 100 SSN PHONE DATE- TIME W (317) 733-2001 OUT 07/09/12 9:20 AM WH F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY PATCH TRUCK TIM BROWNING 07/09/12 9:24 AM WH ***FINAL*** Page: 1 QTY ITEM# EXT "AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 1 103 PROPANE 60 POUND REFILL 08 . 90 38 . 90 38. 90 1 023883200305 SPRAYER LAWN & GARDEN 3 GAL �/j17 . 99 31. 99 31. 99 n IFTHE EQUIPMENT IS NOT RETURNED BY'DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFr). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 7 0.8 9 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND FULLY UNDERSTANDTHOSEINSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 . BY RUNYON EQUIPMENT RENTAL. X SIGNK'0E Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 70.89 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT ] CELL AMT BILLED 70.89 LEASED BY X P' `I i" I NA N'I E PHONE 09-JUL-12 0 9:2 9:2 0 EQUIPMENT RETURNED BY X SaGNATURC RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT T TIME ED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment mat unctions unless Runvon EauiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer ackhowlcuges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowedges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon')of any defects 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.ORTHAT IT IS FREE FROM DEFECTS, 3,Indemnification, Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipmert andior arising out of Runyon's negligence. Customer shall it dernhifd and defend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or To destruction of property.or bodily injury.i:lness.sickness,disease or death of any person(includ ng employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in part,by the equipment'eased herein or by the(<auilty or conduct(inc,ud=rig ac,. , assivi pri-,ary or secondary)of CI.StOmer,its agents or employees,or anyone'or vvhose acts any of them may be liable.Customer shall,at;is own cost or expense,defend Runyon against all suits or prot eed:ngs commenced by anyone i vi l.0 Runvon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be,liable and resporsible for ail costs expenses and attorney's fees incurred in such defense and/or settement,judgment or other resolution. In the event that such action is commenced narning Runyon as a party.Runyon may elect to defend said actor on its own behalf and Customer agrees that it shall be'.iabie for all costs,expenses and attorneys fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters:s allowed eight i8)hours use wthin a 24-hour period or time. Rental rates for equipment are based on usage during this eight i.8)hour shift. If C s*..diner runs line equipment nor over 8 +tours;n one day Customer will be ci arged for extra hours on equipment.One day is 24 hours or eight(8)hours running time 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours-a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to a!!Equipment Customer may rent or purchase front Runyon,.whether on The date of this Agreement or at any time in the future(except only as to any Equiprnent and/or other items with respect to which Custoner executes a new Agreement), 6,Prohibited Uses. Use of!he equipment In the fol€owing circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(C) Improper,unintended use or misuse.(d)Use by anyone other than Customer or s employees,without Runyon's vvnften permission;(e)Use at any location other than the address furnished Runyon,without Runyon's written permission. 7.Fuel and Oil Levels.All equ pmert is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Nodiesel,E85,etc.;in Runyon equiprnegi is orohii Customer is 'table for all damages and repairs that result from alternative fuel,Runyon checks the oil level in the equionnent when it is rented to Customer, (Maintenance dt proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Ubor a failure to pay rent or other breach o`this contract,Dealer may terminate this contract and take possession of and remove the goods from whatever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods, 9.Tires. Customer is totally responsible for all tire repair._t is Customer's opt:on to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's ihsnrance does not cover equipment while in Customer's possession. Customer is responsible for insur rg the equipment once it:eaves Runyon's property and un'.l:it nas been returnee n Runyon s property and payment has been rece-ved.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER Ti-IAN NORMAL B'SINESS HOURS REIMA!NS THE CUSTOMERS RESPONSIBIU7 Y. 11.Cleaning Charges. Equipment is to be returned to Runyon as clear as when it left.A charge of sixty-five dollars(S65,00)per hour w';l be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights uncle'this Agreement without Customers consent.taut will remain bound by al;nhllgaflons help',-.. *':'r rnav riot sublease or„oan ihr'ea+,:pnne^t vtrfba,t Rurycr s w tten permission.Any purported assignment by Customer is void 13.Time of Return. Customer's r,gbt to possession terminates on the expiration of the rental period("Due;n"gate&time)and retention of possession after this time constitutes a mate:ial brrach of fn.,Agreement T:r-c is cf the essence in this Agreement Any extension must be mutually agreed upon in writing:. 14.Late Return.Title to equipment is anc snai at a,i Imes remain with Runyon.. Failure to return the equipment by the"Due:n-date will subject Customer to a charge of conversion(theft;. 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of This agreement,Runyon rnav collect damages together with reasonable attorney's fees,court costs and :nterev of airo and one half IT s_',:percer:pet month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement ism be construed under the taws of the State of L d!ana and that.f legal action is brought to enforce tors agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time 17.Waiver.Any fa lure,by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter, 18.Damage Waiver.In consideration:of tho payment of auditional rent c!assi ied as"damage waiver"by Customer,Runyon agrees to,and hereby does,waive its nigh;,or any rigt.t it might have aga4nst Customer.ans,ng trom nom at.damage of the ramal property.normal damage to be determined by Ruryorn.Customer shall pay upon return of property rented a sum equal to 5`t,of rental charge.This"damage waiver'does not nclude damage or loss of thr pror:e,tv as a rest,!;of the negligence of Customer or in the case of abusive damage.Theft or other gross negligence of Customer,This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,,use or operation 6l the equipment exceeding its aunt:acac ty,or gantage to tires.tubes and wheels caused by blowout.bruises,cuts,punchues or other causes inherent in the use of the egrnprrent.It is understood the amour:pad is no:an nswarre premium,arid ti,at this provlq:en Coen not represent an insurance policy or an agreement.o:9suro.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty.or Lost Equipment,Ci sto.mer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runvr,r's possession.Equipment+os-,,stolen or oamaged beyone repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether pedonned by Ruryoi,or,at Pu;iyNi s option,by o^nisi at a charge of sixty-f:ve dollars($65.00)per four plus parts, 20.Severability.line provisiors of this Agreement shat!'be severable so that the invalidity.unenforceability or waiver of any of the provisions shall not affect the remaining provisiors. 21.Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment If Ruryon's employees assist,in loading or unloading The equipment,Customer agrees To assume Tire risk of and r Li Runyon and;or its employees harmless for any property damage or personal injuries,including damage and personal injuries attributapie to the negligence of Runyon, 22.Property Damage. Runyon:s not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Ruryon. 23.Fees.Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or tines,retured by or resulting from the Customer's use or operation of the equipment. 24.Charges, Customer shall pay all charges required under this Agreement upon demand,Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer ih the event that fewer daysandior miles are actually used 25.Other Liability.Customer assumes all risks from the improper use of the egmpment,Customer is responsible for damages to Customer's property or goods in storage or i±n transit.or tot any properly left or stored m the equipment,or elsewhere n the wntirng location.Customer agrees frolic hold Runyon liable tor damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees ^armless fnnm a^d against any and ail losses, ab:!iT es,damages,injuries claims costs and expenses arising out of Customer's use or possession of the equipment including Nn not bmit.d to any and a!:fines.penalties and forfeitures imposed by any gevernmontai entity,and,to the extent-tot covered by nsuiancs any cla:rrs or liabilities to thud parties arising out of the abandonment,conversion,concealment or unat:lhorized sale of the equipment by Customer of its agents or emoioyees or for the confiscation of me equipment by any govammental authorty because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in ettr:ass of the limits of liability provided for he,em as a exit of iryu-y death cr proper-uamabe ails rig a t o`:Customer's use of the equip er.1 ^neither Customer nil any other user of tine equipment shall be deemed the argent,servant or emp`oyee of RLoyori for any reaso bT any purpose. During I"e;err t of:his Agreement,Customer assumes tall responsibility for the equipment faille public and any reguiatory body having jurisdiction. 26.DeliverytPick Up.Delivery s made to closest point trucK can park,Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does riot include set up and knrck;own of te^,:es a-d chairs, r this service required,arrangements should be made several days prior to delivery with a special charge quoted.If go arrangements are made and this service is desired on delivery,our driver must call for authcrzaiir_n,'t tr-e pet nit we will try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are no:knocked do:n and assembled in one sheltered area,tabies and chairs mil ba left MI-I tie rent day when,a:peciai crow can be scheduled.There will be at,.additional one day rentTat,A knock down fee will result it rental items are$till up. 27.Waiver of Jury Trial.Each party waives its right to a jury trial of any o!am or cause of action based on or arising out of this agreement or the subject matter hereof.Ths waiver pertains to ail disputes;ha;may relate is The subject matter hereof, ncluding,without!:mitatior.,contract.tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges That he/shewil has had a reasonsioe opportunity to dscuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally waives its any trial rights. 28.Tickets.Fines and Penalties,You agree to faliy and promptly pay all tines,penalties,parking tickets.traffic tickets,tolls,court costs,attorneys'tees and other charges assessed during the term in connection with the use,parking,storage,and: or,ossesson of the Equtprriert.regardless of the identity of the driver of any vehicle You rent tram'Js 29,Trailers and Towing.The customer is responsible far inspecting and maintaining The hailer coupling mechanism,safety chains,all tie downs,pins and tights++n a safe and secure condition while in their possession.Customer agrees not to tow any trailer rented from LESSQRw'DEALER(a)in a careiess or negigant manner,(b)at excessive speed or(c)while under the influence of medication,alcohol.or illicit drugs. 30.Headings.The headings used hereir.are solely for conven:ent reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are a;so governed by the parties Equipment Purchase Agreement. If the Equipment Purchase and the terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement preva;!. AS-IS-NO WARRANTY:THE WARRANTY rS THE SOLE AND EXCLUSIVE WARRANTY APPUCAKE TO THE EQ'JiPMENT AND ALL OTHER EXPRESS OR.IM?UED WARRANTIES INC!_UDING.WITHOUT LIMITA=ION,THE iMPUED WARRANTIES Or=itilERCHANTABi_ITY AND FITNESS FOR A,PARTICULAR PURPOSES.ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE L:ABLE OR RESPONSIBLE%R ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDL ESS OF WHETHER S'JCH DAMAGES ARISE UNDER THEORIFS OF THE LAW OF CONTRACTS Ca TORT. RETURN POLICY FOR PURCHASED R EMS:tine costa ter lt,:able`or all shicping costs when alum:nri or exchanging air item to Runyon,unless the product has been damaged during sr ipping.This policy also applies ro warranty returns.As stated-n the Run,,r"Kett m PcI cti,'when customers return an item or items for credit,a 25'�restocking fee will be charged to your account.plus all applicable Inbound and outbound fre grit.This pa!,cy a.so app ies to shipments ren,sed and returned All carcellations o f:,,hole goods are subject to a 25`1(of total nvo:cer,order)cancellation fee or in stock items from Runvor.locations ONLY,Return shipping of the product is not refurdable.All parts purchases are ?on rwundao!e Any shipment eceived in gongitiors other than brand new will be charged 50"�restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's aspens hdiTv to reoort any da-^aria.ish,rtages within"-8 Fours of receiving the product.Runyon will not accept claims 48 hours attar delivery.Runyon will not accept returns without authorization Upon issuing a Merchandise Return Authorization(MR,A),Ro^ycn will instruct aetomers as ig t`e best reans of returning merchandise Ru iyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time liriii expires,Runyon will absolutely not,under any cimurnstances,iss.ie an MRA for returns on used or damaged products.Any fre:gnt related Carnage must be noted on one signed Bid of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the Edu:pmert,and(c)on the Transfer Date,Seiler will convey The same to Buyer(save only for the purchase money lien.if any,to be retained by Seller should Seller,at its sell)option,elect to finance all or any portion of the Purchase price).Buyer ,represents and warrants that(i)Buyer has all necessary right,parer and authority to enter into and perform the Vansact,ons referenced herein;(u)Buyer has selected and carefully inspected and examined the Equipment and found The same To be acce>tap!e to Bu;r(Ir in as respec-s based an criteria estac+shed solely by Buyer and not based on any recommendation by Seller;and(in)Buyer has received,carefully reviewed and is satisfied w;tb all available naw-mfg,mstructoris,operating and riser manuals,aria other mformatior.(including all;raining recu-rob unoo applicabls OSHA and.or ANS Standards,if aryl regarding the prober and safe trarspor'at:ur.,use,r le nterarce re:?air and r^rage of the Equipment. In consideration of the payment of additional rent classified as'damage waver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might R ��O _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of ArA property rented a sum equal to 5%of rental charge. is"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,arts,punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,it a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LARMEL•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may tolled damages together with reasonable attorney fees,court cods and interest of one and one hatl(112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a toot- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET .# CARMEL STREET DEPARTMENT # 503 HAVERTON 3400 WEST 131ST STREET Con# 235592 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/09/12 9:49 AM JRR F (317) 733-2005 ID#3 PO/JOB # RECEIVED .BY HAVERTON MOFFITT, SAMUEL RETURNED 07/10/12 3 :40 PM TT ***FINAL*** Page: 1 QTY ITEM# . EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY ' WEEK 4 WEEK .,. 1 2097-0022 MIXER MORTAR 7 CU FT GAS 120 . 00 120 .00 $45. 00/4 60 . 00 60. 001'E 24.0. 00;` ,72.0. 00 1 064144030941 PAM NO STICK SPRAY i -.ti \ ` ..1. 5. 95 5 . 95 5. 95 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT), Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 120.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 5. 9 5 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AIDJ FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 6.00 BY RUNYON EQUIPMENT RENTAL. X SIGNAT UIIRE THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 131.95 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT [1TIftS A( t�� CELL AMT BILLED 131.95 LEASED BY X PRINT I V !�' t d PHONE EQUIPMENT s 10-JUL-12 15:4 0:3 9 RETURNED BY X SIGMA 'URE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,RUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1,Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use,Cusereir further acknowledges its dully to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE-OR THAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless tor,property damage and personal injuries,including death and dismemberment,caused by the equipment andior arising out of Runyon's negligence. Customer srall indemnity and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or ro destruction of property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused:in whole or in part,by the ee wpirent leased herein or by the liability or conduct(including acT ve,passive,primay or secondary)of Customer,its agents or employees,or anyone for whose ads any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone it which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorneys lees incurred in such defense andior settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a pa;iy.Runyon may elect to defend said action or.its own behalf and Customer agrees that it shall be;table for all costs,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day cnarge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..whether on the date of this Agreement or at any time in the future(except only as to any Equipment andior other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees.without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission, 7.Fuel and Oil Levels.All equipment is full of fug!when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel,E85,etc)in Runyon equipment is prohibited Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the or level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is:orally responsible for all tire repair I!is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and Until it has been returned to Runyon's property and payment has been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as wren it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12,Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein Customer may not sublease or loan the equipment without Runyon's:vriften permission.Any purported assignment by Customer is void. 13.Tioe of Return, Customers right to possession terminates on the expiration of the rental period("Due In"dale&time)and retention of possession after this rime constitutes a material breach of this Agreement Tme is of the essence in this Aq;eertert.Any extension must be iii iy agreed upon in writing 14.Late Return, Title to equpment is an(shat;at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 1&Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and merest of one anal one nalf(1',?)perceri;per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of the State of ndiana and that it legal ocher Is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at alai time. 17.Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18,Damage Waiver. Ir consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees 10,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property norma damage to be determined by Runyor.Customer shall pay upon return of property rented a sum equal to 5`.•6 of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of C stone,or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or Use of the equipment,use or operation of the equipment exceeding its rated capac:;s damage to tires,tubes aid wheels caused by blowout,bruises.cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is rat an insurance Premium,and that this provision does cot recrasent an :surarce policy or an agreement to:Insure No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty;or Lost Equipment.Customer agrees to pay to any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession..Equipment lost,Stolen O,damage6 bey,)nd repa:.:lnl be paid for at Its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed uy Runyon,or,at Runyon's Option,by others.at a charge of sixt;five dollars(565.00)per hour plus carts. 20.Severabllity.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions snail not affect the remaining provisions 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon andior its empoyees sarmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22,Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/0r miles are actually used. 25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment.or e:sewhere it the renting location.Customer agrees not to hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees harms lass`rem and against any aid all losses,liabilit es.damages,injures,claims,costs and expenses arising out of Customer's use or possession of the equipment,includng,but not united:o any and all fines,penalties and foneitures unposed by any governmental entity and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of me equipment by Customer,or its agents or employees, or`or the confiscation of the equipment by any governmental authority because of illegal or improper use Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a rest-'of mµsy.",oath cr property damage arising cut of C ds:omer's use of the equipment. Neithc�Customer nor any other user of the equipment shall be deemed the agent,servant or errpicyee of Runyon for any reas,in or any purpose. Durrg ;he term of to S Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up,Delivery Is made:c closest;joint truck can park Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved,Our service does not include set up and knock down of tables and ci if this ser,,i: is required,arrangements snoald be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If tree permits.we will oy tt accommodate you after quoting the price.Or pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a spec:a! cries•,ca I be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27,Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the Subject matter hereof.This waiver pertains to at.!disputes that may relate t0 the subject matter hereof. Including.without!imitation,contract,tort,breach of duty aril all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(8)acknowledges that he.%sha'it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily irrevocably and unconditionally waives its jury trial rights. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties.parking tickets,traffic tickets.tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking.storage,and/ or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condileg while in their possession.Customer agrees not to tow, any trailer rented from LESSOR:DEALER(a)in a careless or negligent manner.(b)at excessive speed or;c)while under the influence of medication,alcohol,or illicit drugs. 30,Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the iclerpretalion of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales ate also governed by the patties'Equipment Purchase Agreement. If tae Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.than the terms from the Equipment Purchase Agreement prevail. AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,!NCLUDiNG,WITHOUT Ut•AITATION,THE IMPLIED WARRANTIES Or MERCI-iANT.ABILITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFI_IATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE=OR ANY SPECIAL,INCIDENTAL OR CONSEOJENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns As stated in the Runyon"Return Policy."wher.customers return an item o=items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight This policy also applies to shipments refused and net rued. All cancellations of whole goods are subject to a 2oko(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All pairs purchases are non refundable.Any snipment received in conditions Other!her brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damages.'shortages within 48 hours of receiving the product.Runyon will riot accept claims 48!tours after delivery Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization fli 9gnyon will instruct customers as to tl•e best means of ret.r.ring merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any fre:ght related damage mast be noted oc trio signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(bi Seller has good and marketable title to the Equipment:and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(6)Buyer has selected and carefully inspected and examined the Eauipmecl and found the same to be ac,;ectable to Buyer in all respects based on criteria established soleh by Buyer and not based or any recommendation by Selzer,and(iii}Buyer has received.carefully reviewed and:s satisfied with,all available training,insbucfioes operating and uses manuals and other information(inciudi.ng al training requ red tun cr applicable OSHA and/of ANSI Standards,if any)regarding the proper and safe:ransponati0r,use.maintenance,rpi�ir and storage Of;he Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,g a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CAF-MEL•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attomey fees,court costs and interest of one and one hag(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www,runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED T& JOB`LOCATION TICKET. # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 235732 CARMEL IN 46074 Loc 100 SSN - `'PHONE." DATE'' TIME,. W (3 17) 733-2001 OUT 07/10/12 9:54 AM WH F (317) 733-2005 ID#3 PO/-JOB # RECEIVED BY ZELLER;, STEPHEN W R TURNED 07/10/12 3 :09 PM MS ***FINAL*** Page: 1 QTY ITEM# EXT. AMT NET ,AMT, MIN' HOURLY , OVNITE 8 7HOUR tDAY WEEK 4. WEEK, " '. 1 1041-0000 AUGER 12" BIT 2 9/16" SHANK " ; • 35 . 00 35. 00 $35. 00/D 35 . 00 35. 00 ._ J°`40`. OO,i- i"•420 . 00 r, r' 4: FTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyan Equipment Rental,equipment is PROHIBITED. RENT 35.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 0.0 0 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT ANDS FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 1.75 BY RUNYON EQUIPMENT RENTAL. X SIGP'._,; °ar THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.0 0 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 36.75 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT t }E f,', CELL AMT BILLED 36.75 LEASED BY X ( e d}'"' PHONF 10-JUL-12 15:10:2 2 EQUIPMENT RETURNED BY X A-1,":, €E RENTAL FEES DO NOT APPLY TO PURCHASES, WE CHARGE FOR TIME OUT Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X i"I"IAi. NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.lnspectioa,'4:,n enter ack-.ovdeddes ma'i'has had art opportunity to personally aspect tae equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its °:sped:he equipment prier to use and notify Runyon Equipment Rental Inc(herenaher"Runyon")of any defects. 2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS;EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT iS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. 3,Indemnification, IlLsfomer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injures,including death and dismembecrer:t,caused by the equipment and/or arising out of Ruryon's negligence. Customer sna:nd-malty and dotard Runyan against and hold Runyon harmless from any and all claims,actions;suits,proceedings,costs,expenses,damages and liabilities including attorney's fees whicn;1)relate to injury,or`,o destruction of •ape-::;or bod:y injury,illness.sickness,disease or death of any pof scn(including employees of Customer),and(2)are caused by,or claimed to be caused,in;whole or in part,by the ecuipment leased herein or by the iiab0:P✓or conduct including act ve,passive.fir r- ary D'secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liaee.Customer shall,at its owr cost or expense,defend Runyon against all suits or proceedings commenced by anyone in wh cri RiInyor-s a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer sha4 be liable and resoorsib:e for ail costs,expenses and air;rney's:ryes incurred in such defense and/or sett orient,judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to deteno sa'd action or:its own behalf and Customer agrees ha:17,shall ae':iable for all costs,expenses and attorney's fees incurred by Runyon it such defense. 4.Rental Charges arid Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on usage during ih'a eight(8)nour sn:ff. If Customer ruts the equipment for over 8 hours in one day,Customer will oe charged far extra hours on equipment.Ore day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours runnng time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deerned to apply to all Equipment Customer may rent or purchase from Runyon.,whetrier on the date of this Agreement or at any time in the future(except only as to any Equipment and'on other gems with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment it,,the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use or illegal purpose or in an illegal rnanner,(b)Use when the equipment is in bad repair or is unsafe; c improper,unintended use or misuse Let Use by anyone other than C-:stoner or its employees.without Runyon's written permission:;a)Use at any location other than the address furnished Runyon without Runyon's written permission, 7.Fuel and Oil Levels.AI;equipments full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply,Also,use of alternative fuels(Biodiesel E85,etc)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks Inc oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in!he equipment is solely the responsibility of Customer. 8.Repossession.UDcn a failure to pay rent or other breach of this contract,Deals•may terminal-this contract and take possession of and remove the deeds`Tom wherever they are,and DsaVer and his agents shall not be liable for any claims far damage or trecpass arising out of the removal of the goods, 9.Tires. Cu�tomer s!ctall f responsible far all tire repa:r. Ills Customer's option t0 check over the tires before the equipment leaves and notify Runyon at any irregularities spotted. 10,Insurance. tUnycn`s:rsurance a0es poi cover equipmert while in Custom-.r's pass-salon. Customer is responsible for insuring the egdipment once it:eaves Rurrron's property and until it has been returned to Runyon's property and payrin as:teen received.EQUIPMENT MAY ONLY BE RETUHNEr DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY 11.Cleaning Charges, E;;;:piper i-s to be returned to Runyon as clean as when it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup i2.Assignments.Subleases and Loans of Equipment.?Tnyen may assign its rights under this Agreement without Customer's consent,but will remain bound by all obl gat:oris herein Cosmrnor may ro:sublease or ican'no equipment without s:. e'iron,irss:o.n. qty pc•port,•c a-_srgemert Dy Customer is void 13.Tirte of Return. C_aroma s r a"t to Do„session;e:maales on the expiration of the rental period("Due in'gate 8 ume)and retention of possessior after this time constitutes a r^atenal tress::ut C s.A;ireem-tit Tame is o':he essence r;this Afire-M-.t.Air;estesclor msr,be mutual,y::greet upon:r writing. 14.Late Returrd. rte to err;;,;ment rs and;ha;:a°all times Ismail.wish Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(they:). 15.Time of Payment.Accounts are aue and payable at the temm,nat:on of tfe rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys fees,court costs and lrleresr o1 one aa,�d one naif it b,?pe!c9rt per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(1 8)percent Customer agrees that this agreement is to be construed under the lases of the State of ndiara a-id'ha'`egal act on is brought to enforce this agreemen',that Haiiilton County;Indiana,shall be the jursdiction and legal venue for said action,unless otherwise agreed by Runyron.and Customer at a'aten time. 17.Waives An;failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereaner. 18.Damage Waiver. In consideration,it the payment of additional rent classified as`damage waiver''by Customer,Runyon agrees to,and hereby does,waive Its right,or any fight it might have against Customer,arising frr+m normal damage of the ,eri cronzriy nor r a,damage to be determined by Rumrdn Customer shall pay upon return gf property rented a sum aqua!to 596 of rental charge This"damage waive r'does not:rclud-derha.'t or:oss of'he property rr.:a result of;he hegGaenca of G :oa.en rii the case of abusive damage.'hart or other gross negligence of Customer,This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operator of t^c equipment exceeding its -ated ca rat, Jr;amaga to tires,tubes anti,wheels caused by blowout,pndses.cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not air irs:rance pntm:u r.and;hat this provrsiotr does Ito,, represent an sure l_e Dohcy or a:ale:eernaai'a Tsua.No damage rwaivei license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Di>tg or Lost Equipment.Costumer agrees io pay for env damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Rim,ar:'s possessior.Ecu:pr era:cat,stolen o•damaged beyond r pc:r win,be pate for at its current at price plus tre cost of recital up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,wheihe•performed by Hunvor.air,at !iron's opticr,by others at a .,har-e of>ix:;-f'wr-dollars fS65.00)per noun plus parts. 20.Severabi;ity,This provisions or this Agr-er.,ent shall be severable so that the nvaridiry,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyor.'s employees assist in loading or unloading the equipment,Customer soirees to assn: e the ns,of surd.hold Runyon ardior its employees rharrNess for any property damage or personal injuries,including damage and personal iriuries attributable to the negligence of Runyon. 22.Property Damage. Runyon s riot responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permtts.Taxes and Fines, Customer shall as solely responsible for payment of any fees.licenses,permits.taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges.Customer shall pay ail charges required under this Agreement upon demand,Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Cust^,met in the event that fewer days and/cr m lea are actually used. 25.Other Liability.Customer assumes an risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage o.in transit,or for any property let or stored in fhe equipment or elsewhere in the rent,ng Location.Customer agrees riot to hold Run'von!:ab e nor damages from down time,materals or other consequential damages resulting from the use of the oguipment.Customer rei,ases and holds Runyon.its agents are employees harm)-ss trot and aga,gst any and all Posses,aab:lit:es,damages injuries,claims,costs and expenses ads.n,g out of Customer's use or possession blithe equipment inc:cdi:ig.eft riot united to ary and at fines,penalties and fode(tures imposed by airy go:err:yenta entity,and.to nhe•extent rot covered by f,suraace,am✓c!a:ms or liabilities tq third parties arising out of the abandonment,conversion,cohcealrneeit or unauthorized sale at the equipment by Customer,or its agents or employees. or nor the cun6sretiori of 4"e equ,pn:en'by li govemmenta authority because of illegal or:mproper use Customer shall additionally hold Runyon harmless for all Loss,liability and expense in exr,ess a'the limits of(i&hty provided for heren as a •esixr of injure.ale:th pr p-dc-ray damare arising gu of Customer's use of:he egaipmer.t. Neither Customer hair any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose. During he tofu ",,t--emem,Custo 11er assurnes'till responsibility for Inc ecuipmrint to tae public and any regulatory body having jurisdiction. 26.Delivery/Pick kip.Dehi -ry is made t0 closest earns trucy,can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does no'induce set up and kn 1 4 door of tactics ado chain, this setvrda is tce,rr aura;gements should be made several days prior to delivery with a special charge quoted.It no arrangements are made and this service is desired on delivery,our driver must call for authcr.z-ir:-a .if N-e pe mils,ivs will ry i0 accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not k•iocked down and assembled in one sheltered area,tables and chairs lv,1 be:eft until the rex;da•✓::Wien a crew part be scheduled,There will be art addeonai one day rental.A knock down fee will result if rental items are still up. 27,Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or:he subject matter hereof.This waiver pertains to all d'sputes that may relate to the sob ect matter nereaf. including.w thous imitaiior,contract,tort breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions Each party(A)understands that this is a:waiver of:important leca'rgi-ts and(B)ackr.ow:edges twat heishe'n has had a reasonable opportunity to discuss this:river and its effects with legal counsel.Accordingly,each party know,ugly,voluntarily irrevocably and unconditionally ivat os its fury trial rights 28,Tickets,Fines and Penalties.You agree to fuav and promptly pay a5)roes,penalties,parking t ekets,traffic tickets tolls,court costs.attorneys'fees and other charges assessed acting the Term in connection with the'use,parking,storage,and/ or possession of rho Equipment regardless of'he:dent ty of the driver of any vehicle You rent from Us. 29.Traiters and Towing.The cusfo^ter is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe aria secure condition while_n their possession.C;.sto^er agrees not t0 tow: arty tra:le ranted tram LESSOP,DEALER(a)in a careless or negligent rnanner,(b)at excessive speed or(c)while under the influence of dedication,alcohol,or illicit drugs. 30.Headings. Tlme headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are else cevemed py the defiles Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are nconsstent then the terms from the Equipment Pwoass Agreement preval. AS-IS-NO WARRANTY:THE WARRANT'%IS THE SOLE AND EXCLUS:VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,:NCLUD:NG,WITHOUT LIMITATION,THE IMPL:ED PRAN-IES OF'sirERC=.ANT,ABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED PROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE CAP ncSPOfv51i„E FOR ANY SPEGIAI iNCIDENTA_OR CONSEO:JEP;TIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF TH'S EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE _:NDE R-H?OP ES OF THE LAv'd OF CON' CTS OR TORT, RETURN POLICY FOR PURCHASED ITEMS:T to cusic•-e-is.:ah'ie tot ai:shipping:-.osts when returning or exchanging an item.to Runyor,unless trie prgcuct has been damaged during shipp:rg.This oohcy also acplie>to v,eranty net.rns As stated r the Puny;r."Retold Pgl¢y";alien.cusinm<;rs return an darn e items for credit.a 259=restocking tee will be char,eg to your apeoun',pies all appugab'e inbound and cutb0ued fire gM.This per a so applies to snipmcm[refused and ret.,rred All cancellations of w,r^ic goods are subject to a 25 x�;of total rvoiced order)cancellation fee or,in stock Gems from Runyon iocatiors ONLY.Raturn shipping of the product is not returdac ea Ali darts purchases are non refuncabe Any,shipment re,e ved ri condtiors cth r'ha brano ne',v wall oil criarged 50;=estcckmg fee of the total amount.All returns must,be properly boxed before they are returned.Its th,customer's resbons:b:aty:0 report arty damages shortages within 48 tours of racewire the product R:r^yon till riot accept claims 48 hours after delivenc Runyon will not accept returns without authorization.Upon issuing a Merchandise Returr Ac:hor¢ation(MRA),R,,nycn wilt instruct tcslorfiars as d the best means Cr net„rr:rd mefcnr.r:dise,Runvon's MRA's are valid for 30 days af!et issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absoluteiv not,under env circumstances,issue 2r fARA or returns on used or damaged products Any freg,-a relates damage mast be noted o,.toe signed Bi;l of Ladirg AT THE TIME OF DELIVER'v.The purchase price at time of sale is finial. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that.(a)Seiier has all necessary right,power and authority to enter into and perform the transactions referenced'nerein.(b)Seiier has good and marketable title to the Eou:pmect,and tc)or the Transfer Date,Seder will convey the same to Buyer(save only for the purchase money hen,if any,to be retained by Seller should Seiier,at its sole option,elect to finance all or any portion of t*.e Purchase Price)Buyer epreserts and+,•.arrarts that M Buyer has all necessary right,odvret and authority to ente-into and perform the transactions relerericed'herein,(ni)Guyer has selected anti carefully inspected an:!examined the Equipmert and found the same to be l,.c-;table to B:jyer in all respects based on criteria estab ished solely by Buyer and riot based on any recommendatinn by Seller:and(iii)Buyer has received,carefully reviewed and is satistled with,all available trairrng : s'ri riipr s operating end iser manuals.ant oiler .inf;rmai,.r inc:,ud!n j a;training recr.reed.:hai=r app':caGo OSHA and'or A.NS'Standard's,if any)regard•ig'he proper one'sate:cans^:rtatio.,u-e.man;enar ce,re-,if in t zlma�e tit Inc.Er:,iemerl In consideration of the payment of additional rent classified as"damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of IVv�! A•�A property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by donut,bruises,cuts,punctures or EQUIPMENT{ NTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance 410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GP,WF,L o f15HBR5 C INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3*11 7 — 566D — 0300 The parties agree that in the event the Rentee violates any of the terns and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court ansfs and interest of one and one halt(112)percent per month added to accounts over ten(10)days old,reflecting an annual peroentage rate of eighteen(18)pert. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't P be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 235867 CARMEL IN 46074 Loc 100 SSN PHONE -DATE TIME W (317) 733-2001 OUT 07/11/12 10:16 AM WH F (317) 733-2005 ID#3 PO/JOB'# RECEIVED, BY' PIFER, PARKS 07/11/12 10:18 AM WH ***FINAL*** Page: 1 QTY ITEM# EXT AMT . _ NET AMT MIN HOURLY ..OVNITE 8-HOUR ' DAY WEEK 4 WEEK, 1 811016010699 HYDRANT WRENCH ADJUSTABLE r;"2t9„. 95 29. 95 29.95 IFTHE EQUIPMENT IS Nor RETURNED BY"DUE IN”DATE YDU WILL BE SUBJECrM A CHARGE OF OONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 29.9 5 I HAVE BEEN M=,DEMONSTRATED DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTANDTHOSEINSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY.AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIG RE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO REM THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.0 0 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 29. 95 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT NAME-. AMT BILLED 29. 95 LEASED BY X ° °vAME-. PHONE 11-JUL-12 10: 18:2 6 EQUIPMENT RETURNED BY X SIA i :ARE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR E OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty to inspect the equipmer;pier to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment andlor arising out of Runyon's negligence. Customer shall:cdemmfy and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of property,or bod',injury,illness,sickness,disease or death of any person(including employees of Customer),arid(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including active.passive,primary or secondary)of Customer,its agents or employees,or anyone for whose ads any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone it wh ch Runyon,is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorney's fens incurred in such defense andlor settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action,on its own behalf and Customer agrees ;ha;a shall be liable for all casts,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day Customer will be charged for extra nours on equipment.Ore day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge 24 hours running time in 24 hours=a 3-day charge. 5.Future Rentais.Customer acknowledges that the terms of fh:s Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment and/or other items with respect to which Customer executes a new,Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner:(b)Use when the equipment is in bad repair or is unsate;to, Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel.E85.etc.)in Runyon:equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any dams for damage or trespass arising out of the removal of the goods. 9.Tires. Customer:s totally responsible for all tire repair It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN'NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. E:,u.pntenf is to be returned to Runyon as clean as wnen it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12.Assignments.Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations here:n Customer may not sublease o,loan the equipment without Runyonns tvntter pwmusion.Ary purported assignment by Customer is void. 13.Time of Return. Cisto^en's right to possess on terminates on the expiration of the rental period('Due In"date&time)and retention of possession after this time constitutes a material breac:i of this Agreement T:me is of the essence tn this Agree ent Any-xtension must be mutual:y agreed upon in writing 14.Late Return.Title to ea,;p^ent is ano sheC at all tunes remain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(theft) 15.Time of Payment.Accounts are due and payable at the ternimation of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees trial in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one arid ore half(1 1,2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen it e)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and That;'legal action is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver, Any tailure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter, 18.Damage Waiver.in consideration of the payment of additional rent classified as"damage waive'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property normal damage to be determined by Runyon,.Customer shall pay upon return of property rented a sum eoual to 5°r,of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its iatcd capacit ,r damage to tires,tubes and wheels caused by b owout,bruises,cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount pad is not an insurance premium,and chat this provision does not represent an a,swance policy or an agreement to ensure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tea,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyon:repair wi::be paid for at its current list price olus the cost Of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option by others,at a charge Of sixty-five dollars(565.00)per hour plus pars 20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability,or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/o,its employees harmless for any property damage or personal injuries,including damage and personal injures attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges. Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andlor miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or foi any property left or stored in the equipment.or elsewhere it the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon.its agents and employees harmless from&A against any and ail Icsses,liabilities.damages.injuries,claims,costs and expenses arising Out of Customer's use or possession of the equipment.including,but not I:mited to any and all fines,penalties and forfeitures imposed by any gower mental entity,and,to the extent not covered by insurance,any cia ms or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer.or its agents or employees, or for the confisca':on of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a 'esu of injury.death or proper:;damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose Darirg the teen,of rns Agreement,Cuslomei assumes full responsibility'Or the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery.s made lc closest porn:truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chat rs. if this service is required.arrangements should be made several days prior to delivery with a special charge quoted.It no arrangements are made and this service is desired on delivery,our driver must call for authonzat.on.If time permits,we will try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs ivtl ba ietl until The next day.vhen a spec:a: crew can be scheduled.There will be an additional one day rental A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial,Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to aiI disputes that may relate to the subject matter he:eof including.without§mitation,contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that hersherit has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights. 28,Tickets,Fines and Penalties.You agree to fully and promptly Day all fines.penalties.parking tickets,traffic tickets,tolls.court costs,attorneys'fees and other charges assessed duing the Term in connection with the use,parking,storage,and/ or possession of tae Equipment,regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow any trier rented from LESSOR/DEALER(a)in a careless or neg gent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.7 he headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.Than the terms from the Equipment Purchase Agreement prevail. AS-IS—NO WARRANTY:THE WARRANT(IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE POR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDO R THEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The custd^e:is liable for all snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipp:ng.Ths poycy also applies to warranty returns.As slated i the Rungs/"Return P.licy"wher.customers return an item or items for credit,a 25`A restocking fee will be charged to your account,plus all applicable inbound and outbound ire:dht.This policy also applies to shiomanis refused and returned All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All Da!ts purchases are non refundable Any shipment received in conditions other than brand r.,e:,will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility td report any damages'shortages within 48 hours of receiving the product,Runyon will not accept claims 48:tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of return:erg merchardse.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue air NIRA for returns on used or damaged products.Any 're:dnit related damage must be noted on the signed BA of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein,(b)Seller has good and marketable title to the Equipment:and(c)on the Transfer Date,Seiler will Conley the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seler,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and wa,ranls that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined ilia Equipment and found the same tc be acceptaole to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and s satisfied with,all available training,instructions.operating and user manuals.and other niorr ation(incuding all Training required under app'cable OSHA and/or ANS Standards,if any)regarding the proper and sale fransporiatior,use.inaintetarce,repair and storage or the Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might A have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of property rented a sum equal to 59%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT Ri;N7AL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance 410 t$Carmalo Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LARM6L•F15H67-5•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 - 566 - 8888 The parties agree that N the event the Rentee vblates any of the terms and cond lions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)pemenL FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and It is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a toot- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential da.�loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action broucg„as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 235983 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/12/12 8:54 AM MS F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY BENTLEY, JAMES 07/12/12 8:55 AM MS ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE .8-HOUR DAY : WEEK 4 WEEK 2 100 PROPANE 20 POUND REFILL 1l4� 49 28. 98 28 . 98 1 U IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION(THEFT). RENT �.�� Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. Customer is liable for all damages&repairs that result from alternative fuel. SALES 28.98 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 , THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X 5)Oi,,lA,rURE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 28. 98 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT CELL AMT BILLED 28. 98 LEASED BY X PRINT NA{ E PHONE 12-JUL-12 08:55: 38 EQUIPMENT RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Eawnment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS I.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its ditty tc:ryspect Piz equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon')of any defects. 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS, -ill. A 3.Indemnification. Customer agrees to assume the risks of and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arising out of Runyon's negligence. Customer snail rdemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of propel ry,or bod:Iy injury,`llness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including active,passive.pnntary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone , which Runyon is a ranted party for which Runyon:is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon.and Customer shat be liable and responsiole for all costs,expenses and attorney's fees incurred in such defense and/or settlement,judgment or other resolution In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees Thal it shall be liable for all costs,expenses and attorneys fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Wment with hour meters is allowed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage during this eight(8)hour shift.If Customer runs the equipment for over 8 hours in one day,Custog:Rrwill be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time 16 hours running time in 24 hours=a 2-day charge.24 hours running time In 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..whether on the date of this Agreement or at any time in the future;except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment IT,the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner:(b)Use when the equipment is in bad repair or is unsafe;(c) improper.unintended use or misuse:(d)Use by anyone other than Customer or its employees.without Runyon s written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited Customer Is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dearer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does net cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBID7Y. 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,out will remain bound by all obligattws herein.Customer may net sublease or loan the equipment without Runyon's written permission.Any purported assignment by Customer is void. 13.Time of Return, Customer's right to possession terminates on the expiration of the rental period('Due In"date&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is of'he essence in this AcFeemenit.Any extension must be mutually agreed upon In writing 14.Late Return.Title to equipment is and shall at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounis are due and payable at the Termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees trial in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one rialf IT 1,z)percent per montr added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that legal action is brought to enforce this agreement.that Hamilton County,Indiana.shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter, 18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of:he property as a result of the negligence of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment use or Operation of the equipment exceeding its rated capacity.or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium.and that this provision does not teoresent an insurance oohcy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates,They are extra. 19,Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyond repair wit:be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed Dy Runyon,or,at Runyon's option,by others.at a charge of sixty-five dollars(S65.00)per hour plus parts. 20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and%or its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon, 23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees.licenses,permits,taxes or fines.required by or resulting from the Customers use or operation of the equipment. 24.Charges,Customer shall pay all charges requireo under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and-or miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment:or elsewhere in the renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees iiarrless from and against any and all losses,liabilities.damages,injuries,claims.costs and expenses arising out of Customers use or possession of the equipment,inducing.bat not limited to any and all fines,penalties and forfeitures imposed by any governmenta'entity.and,to the extent not covered by insurance.any claims or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,or its agents or employees. or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liabil ty provided for herein as a resrdt of injury,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any Other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose. Daring The term of finis.Agreement,Customer assumes Tuft responsibility for the equipment to the public and any regulatory body having jurisdiction. 26,Delivery/Pick Up,Delivery is made 10 closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chars i':his set vicar is rega;red.arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authonzatioq.If Time permits,we will rry to acccmmod ita you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day:vhen a special crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof,This waiver pertains to a disputes that may relate to the subject matter hereof. including.without limitation,contract.tort,breach of duty;and all other common law and statutory claims,and will not be subject to any exceptions Each parry(A)understands that this is a waiver of important legal rights and(B)acknowedges that hershe;rt has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly.each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,traffic tickets.tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and/ or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us. 29,Trailers and Towing.The customer Is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains.all tie downs,pins and lights in a safe and secure condition while in their possession,Customer agrees not to tow any trailer rented from LESSORDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also ooverred by the parties Equiprent Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.then the terms from the Equipment Purchase Agreement prevail. AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING,WITHOUT LIMITATION,THE IMPLED WARRANTIES Or MERCHANTABILI`Y AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OFT HIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER.REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEQri':ES OF THE LA':'v'OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customers liable for al shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns As stated In the Runyon°Return Policy'when customers return an item or items for credit,a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused ano returned. All cancellations of whoo goods are subject to a 25%;of total invoiced order)cancellation foe on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable All pairs purchases are non refundable.Any shipment received in conditions other than brand new will be cnarged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsbiiity to report any damages/shortages within 48 hours of receiving the Product.Runyon will not accept claims 48 hours after delivery Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers 3s to the best means of retarmng merchandise.Runyons MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time fimit expires.Runyon will absolutely not.under any circumstances,issue an MRA for returns on used or damaged products.Any freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the Equipment:and(c)On the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller.at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller:and(iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating ano user manuals,and other iriformalion(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper ano safe transportation,use.maintenance,repair and storage of the Equipment. In consideration of the payment of additional rent classified as"damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right lt might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of Aproperty rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage warier shall not apply to reddens,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding Its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or �6QUIVMEN71'�NTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 Policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CARMEL•F15NER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 - 8888 The parties agree that in the event the Rentee violates ary of the terms and conditions of this agreement,the Renter may collecl damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per morlth added to accounts aver ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and It is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 236058 CARMEL IN 46079 Loc 100 SSN PHONE- DATE TIME W (317) 733-2001 OUT 07/12/12 3: 14 PM MS F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY BENTLEY, JAMES 07/12/12 3: 18 PM MS ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 2 079154116219 COOLER 5 GAL SCREW TOP 99 75. 98 75. 98 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE,YQU WILL BE SUBJECTM A CHARGE OF CONVERSION(THEFT. Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages 8 repairs that result from alternativeJuel. SALES 7 5. 9 8 1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT ANDJ FULLYUNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT IAM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 75. 98 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT X PRINT CELL AMT BILLED 75. 98 LEASED BY 12-JUL-12 15: 18 : 41 EQUIPMENT SI RETURNED BY X 'GNA URE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NUT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,06EL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon EaUiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowedges tha;it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 0- . 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS.EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment,caused by the equipment and'or arsing old of Runyon's negligence Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs.expenses,damages and liabilities including attorney's fees which(t)relate is injury or to destruction of Property.or bodily injury,ainess,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including ac`ve,passive primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone .o which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action,is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. if Customer runs the equipment for over 8 hours in one day.Customerwill be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment andror other diems with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair,or is unsafe:(c) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dearer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising but of the removal of the goods. 9.Tires. Customer is totally responsible for all tire reoair. It is Customer s option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Hunyon's insurance does not cover equipmert while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runi property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Equipment is to be,returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement wthout Customer's consent,but will remain bound by all obligations herein.Cus'dmer may not sublease or:can the eoeipmect wvithout Ruryon's written permission Any purported assignment by Customer is void. 13.Time of Return. GoStomers r got to possession terminates on the expiration of the rental period("Due in'Cate&time)and retention of possession after this time constitutes a malerial bream of his Agreement, rime is of the eserce in this Agreement.Any extension must be muluahy agreed upon in writing. 14.Late Return.Title to equipment is and shall at all times refrain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that;n the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonaole aftoroey s fees,court costs and interest of one and one halt(1 tz)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that his agreement is to be construed under the laws of the State of Indana and that it legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a ialer time. 17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.Inconsideration of the payment of additional rent classified as'damage waiver by Customer,Runyon agrees to,and hereby does,waive its right.or any right it might have against Customer.arising`.rpm normal damage of the rental property.normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waver"does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,-ruises,cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance poem;tm,and That this provision does not represent an`rsurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon,,,possession. Equipineot'ost,stolen or da:T:aged beyond repair wJPI be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Huryon or,at Runycr.'s Petro,,Coy others at a charge of sixty'-five dollars(S65.00)per hour plus parts 20.Severabifity.The provisions of the Agreement shall be severable so that the invalidity.unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. It Runyon's employees assist in loading or unloadino the equipment.Customer agre3s to assume lha risk of and hold Runyon ardor its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon,s not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees.Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customers property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere m:he renting location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees narmless from and against any and all losses,:nab iLes,damages,injuries claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and a'1 fines.penalties and forfeitures imposed by any governmental entity.and,to tare extent rct coi Py insurance,any clams or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.o•its agents or emp;oyees. offer the confscauon of tree equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess or the limes of liability provided for herein as a rest;t of injuv,,death r,•property damage arising out of Customers use of the equipment. Neither Customer nor any other user of me equipment shall be deemed the agent,servant or employee of Runyon for any reason or any Purpose. During tl-.e term of'.hrs Agreement.Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction 26.DeliverylPick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tab;es and chairs. i'this service is roquned,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for auihorzanon It time permits,•ire will try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chars will be left unCl the next day:-Then a special cre+r can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial,Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a_l disputes lhat may relate to the subject matter Crept, including,without limitation,contract.loft,breach of duty,and all other common law and statutory claims.and will not be subject to any exceptions.Each parry(A)understands that this is a warier of important legal rights and(B)acknowledges that heisheitl has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally wanes its jury trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties.parking tickets.traffic tickets,tolls.court costs,attorneys fees and other charges assessed during the Term in connection with the use,parking,storage,and" or possession of the Equipment,regardless of the identity of the Craver of any vehicle You rent from Us 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in Their possession.Customer agrees not to tow any Trader rented from LESSORrDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol.or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are asc governed by the parties'Ectuipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then trio terms from the ElLuFmenl Purcha c Agreemst preva AS-IS-NO WARRANTY:THE WARRANTY lS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.!NCLUD NG.NrITHOUT IJMdTAT IOF:,`HE!MPL'ED WARRANTIES OF MERCHANTA311_ITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFiJATED COMPANIES WILL NOT BE LIABLE OR RESPONSIfrLE F0+ANY SPECIAL.!INCIDENTAL OR CONSEQJENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTONIER,REGAHUI ESS OF'1HETHrR SUCH DAMAGES ARISE UNDER THEORIES Or THE LAW OF CONi'RACTS OR TORT. RETURN POLICY FOR PURCHASED ITEIAS:The^,stome-s'abie for all shipping costs when returning or exchanging an itetr to Runyon.unless the product has been damaged during Sr).ppirg.Th's policy c so al;plies o warranty returns.As stated in the Runyon'Return Policy:'when customers return an item or items for credit,a 259 restocking fee will be charged to your account.plus all applicable inbound and outbound freight.This policy aisc applies to shipmews refused and retuned. All cancellations of w;nole goods are subject to a 25' lot total;"voiced Prder)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable All parts purchases are non refundab e.Any snipment received in conditions o her than brand nevi,will be charged K"b restocking fee of the total amount.All returns must be properly boxed before they are returned It's the customer's respons lAry to report any daniagesishortages withm 48 hours of receiving the product Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return AAhorizatipn(MRA) Runyon will instruct customers as to the best means of returning merchandise.Runyon's MRA's are valid for 30 days after issuance.MRAs are not valid after the 30 day time limit expires.Runyon will absolutely,not under any circumstances.issue an MRA for returns on used cr damaged products Any freqnt raiaico damage must be rioted on the signed Bi,i of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the _Equipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that(Q Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;pi)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptable to Buyer in ail respec'.s based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with.all available training,instructions,operating and user manuals,and other mformaticc(including all training rega red;order applicable OSHA and+or ANS'Standards if aryl�egard!ng the proper and safe transportation,u;0,maintenance.reoair and storage Of th.e Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of ►V!�v( A`cA property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or 6QUIVMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GARMEL.o FISHER5 G INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3`0 7 — 566 — 0000 The parties agree that in the event the Rentee vioates arty of the terms and oondtions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or - �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property consequential damages,loss of income or any other www,runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Oat's a Week Monday- Friday 7:00 am -5:30 pm o Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET V CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 236107 CARMEL IN 46074 Loc 100 SSN PHONE , . DATE TIME W (317) 733-2001 OUT 07/13/12 9:23 AM WH F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY DAVIS, WILL 07/13/12 9: 30 AM WH ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY; OVNITE 8-HOUR ,DAY WEEK 4 WEEK 2 V150M SAFETY VEST ZIP MED V150 99 29. 98 29. 98 mil � "JII tiU�1 j IFTHE EQUIPMENT IS NOT RETURNED BY'VJE IN"DATE YOU WILL BE SUBJECTM A CHARGE OF OOWERSION(THEFT). RENT 0.0 Use of alternative fuels,(Biodiesel.E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. Customer is liable for all damages&repairs that result from alternative,fuel. SALES 29. 98 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AL FULLYUNDERSTANDTHOSEINSTRUCTIONS,I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGN A.,'RE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 29. 98 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR EQUIPMENT k t { }�� kk,• CELL AMT BILLED 29. 98 LEASED BY X PRIN i NAi iE PHr1NF 13-JUL-12 09: 30:22 RETURNED TBY X S;GNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHAHUE FUH TIME OUT Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Eauinment Rental has been natified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowleages that.t has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowedges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any detects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising cat of Runyon's negligence Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction of property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused.in whole or in part,by the equipment leased herein or by the haoilry or conduct(including ar-ire,passive.primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at Is own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in,which Runyon is a named parry for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged ac:or omission by Runyon,and Customer shall be liaole and responsible for all costs,expenses and attorney's fees incurred in such defense andor settlement,;udgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own beha f and Customer agrees that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense. 4,Rental Charges and Terms. Equipment with hour meters is allowed eight(B)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over B hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment and/or other items with respect to which Custorer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additions charges will apply.Also,use of alternative fuels(Siodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dearer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Customer is totally responsible for all tire repair.It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while it):Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and unt::it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REIvlA`.NS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(S65.001 per hour will be charged for cleanup 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may rot subbase or loan the equipment without Rucyors,omtten permission.Any purported assignment by Customer is void. 13.Time of Return. Custorer's right to possession terminates on the expiration of the rental period("Due In-date 8 time)and retention of possession after this time constitutes a material breach of thj3 Agreement.T me is of The essence m this Agreement Any extension mus:be mutually agreed upon in writing. 14.Late Return.Title to equipment sand Shall at all times remain,with Runyon. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are oue and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that In the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one halt(1 tz)percent pei month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the lays of the State of Indiana and that if legal action is brought to enforce this agreement,that F'amilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time 17.Waiver..Any taijure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.in consideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right.or any right j:might have against Customer.arising from normal damage of the rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of Castomar or in the case of abusive damage.'heft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the e wpment exceeding its stet capac ty.or carnage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It s understood the amount paid is not an insurance premium,and that this provision does not represent an rsurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty.or Lost Equipment,Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession Equiprrnent ost,stolen or dar•aged beyond repair wd'i be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed:,y Runycfi or.at Runyors opt,br,by others.at a chi ge of sixty-five dollars(S65 00)per hour plus par's 20.Severabiiity.The provisions of this Agreement sha!I be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the tis:;of and hold Runyon and or its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits;Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or tines,required by or resulting from the Customer's use or operation of the equipment 24,Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customers responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere in the renting location.Customer agrees riot to mold Runyon liable for damages from down tome,materials or other consequential damages resuting from the use of the equipment Customer releases and holds Runyon.its agents and employees harmless from and aga:msl any and all losses,iabil!tes.damages,injuries,claims.costs and expenses arising out of Customers use or possession of the equipment.including:but not limited to any and all fines,penalties and forfeitures imposed by any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.or its agents or employees or for the confiscalion of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a resij.l of injury,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or emp'oyee,of Runyon for any reason c any purpose Dunng be term of;his Agreement.Customer assuntes'ull responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.DeliverylPlek Up,Delivery cs made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock downn of tabes and c'-a,rs. If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorzation if time permits,&e ivill t,y to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs win be left urJii tho next day':,hen a sf,eoai crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof, Including,without limitation,contract tort,breach of duty,and all other common law,and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of Important legal rights and fB)acknowledges!not heisheht has had a reasonable opportunity to dscuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally waives its jury trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay,all tines,penaties,parking tickets.traffic tickets,tolls,court costs,altorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and/ or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for irspecung and maintaining the trader coupling mechanism,safely chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow any trailer rented from=LESSOR%DEALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication;alcohol,or illicit drugs. 30.Headings. The headings used hereir,are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also governed by the par`ies'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are irconsstent,ther the terms from the Equipment Purohaso Agreement preva: AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING,WITHOUT LIMITATION,-HE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.ARE EXCLUDED FROM T;-IE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL iNC OR r:r r=rLIATED COMOANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL.INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OFTHE LAW OF CONTRACTS Oq TORT RETURN POLICY FOR PURCHASED ITEMS:TIC customer:s caole for alt shipping costs when returning or exchanging an item to Runyon,unless the oroduct pas been damaged during snipping.This Dolicy aisc applies to warranty returns.As stated in the Runyon`Return Policy."wher customers re'urn an item or items for credit,a 25%restockirg fee will be charged to your account.plus all applicable inbound and ou'bound freight.7his policy also appnes to shiomow,>refused and returned All carcellatio,is of r.,hole goods are subject to a 25%(ef total;nvo ced order)cancellation fee on in stock items from Runvon locations ONLY.Return shipping of the product is riot refundable Ail pa".s purchases are son refundable.Any shipment received in conditions other than brand new will be cnaraed 50%restocking tee of the total amount.All returns must be properly boxed before they are returned.Its the customers resporl to report any dar.iagesfshorages within 18 yours of receiving-,he product,Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization.(MRA).Runyon will Insi CU'erorrlefs as to the bast means of returning merchandise.Runyon's MRA s are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not.under any circumstances,issue an MRA for returns on used of damaged products.Any trelgrit related damage must be noted on the signed Bit of Lading AT 1.HE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the Equipment;and(c)on the Transfer Date.Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptable to Buyer in ail respects based on criteria established sop y by Buyer and not based on any recommendation by Seller:and(iii)Buyer has received,carefully revie:a ed and is satisfied with.all available trabirg,instructions,operating and user manual,and diner information(including at training required;Inder applicable OSHA andror ANSI Standards,if ary)repay%ing the proper and safe trarsportat on,usp,mairterance repair a000 forage o'the Equipment. In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive is right,or any right it might R U NYO N _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of Av property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddens,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or 6QUIPMEN7NTRL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance 410 W,Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee furrier admoWedges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LAWel-•fISNERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates ary of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(1 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL eom incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 CROOKSTICK 3400 WEST 131ST STREET Con# 236833 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/20/12 9:59 AM WH F (317) 733-2005 ID#3 PO/JOB # RECEIVED BY CROOKSTICK BELL, DARRYL 07/20/12 10:03 AM WH x**FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR ..DAY WEEK 4 WEEK 1 701846845472 BLADE DIAMOND 14" 4X4 2,11 ,. 95 219. 95 219. 95 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 219. 9 5 1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTANOTHOSEINSTRUCTIONS.IALSOUNDERSTANDTHATIAMTHEPERSONRENTINGTHISPROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I _ UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SiGNX'!JRE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 219. 95 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT PHO NE RI .I` I Al': .-- AMT BILLED 219. 95 LEASED BY X 20-JUL-12 10:03: 14 UIPMENT RQETU NED BY X �':a Tf..` E RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME D. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X NITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection,Customer acknowledges that it hashed an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter°Runyon]of any defects. 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.ORTHAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment andior arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or io destruction or property.or bodily injury.illness.sickness.disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including ao'nve,passive,primary or secondary)of Customer.its agents or employees,or anyone for whose acts any of them may be liable,Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced ey anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorney's fees incurred in such defense andior settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees that it she:!be liable for all costs,expenses arid attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to at Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the futu-e(except only as to any Equipment andior other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment In the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned Id,Runyon full or additional charges will apply,Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance, Runyon's Insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property,and unt.I it has been returned to Runyons property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as.when it left.A charge of sixty-five dollars(S65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligavons herein.Customer may rol sublease or loan the eauTpmera without Runyons written permission.Any purported assignment by Customer is void. 13.Time of Return. Customer's right to possession terminates on tie expiration of the rental period("Due in'date&time)and retention of possession after this time constitutes a material breach of mis?element.Time is of the essence in this Agreement Any extension must be mutually agreed upon;n writing. 4 Late Return,Title to equipment is ano shall at al times remain with Runyon. Failure to return the equipment by the"Due In"dale will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees.court costs and interest of one and one half(1 -.)percent pet month added to accounts over ten(10)days old.reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement.that Hamilton County.Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time 17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver. In consideration of the payment of additional rent classified as-damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer ansing from normal damage of the renal property.normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5`6 of rental charge.This"damage waver'does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage,theft or other gross negligence of Customer,This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its rated capacity,of damage to tires,tubes and wheels caused by blowout.bruises,cuts,punctures or other causes inherent in the use of the equipment It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty.or lost Equipment.Custome,agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear.while the goods are our of Runyon's possession. Equipment lost.stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyo^,or,at Runyon's option.,by others at a charge of sixty-five dollars(565.00)per hour plus parts. 20.Severability. The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the rsx of rind hold Runyon andior its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation:of the equipment 24,Charges.Customer shall pay all charges required under this Agreement upon demand,Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior miles are actually used. 25 Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit.or for art,,,property left or stored in the equipment,or elsewhere !n the renting location,Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees nar^iiess from and against any and all losses.liabilities.damages,In!uries.claims,costs and expenses arising out of Customer's use or possession of the equipment,including but not limited to any and all fines,penalties and forfeitures imposed by any governmental entity,and.to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees. or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense is excess of the limits of liability p,ovided for herein as a resat;of inlay,death or properly damage a-ising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent.servant or employee of Runyon for any reason or any purpose. During the term of:his Agreement,Customer assumes full esponsibility for the equ pment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not Include set up and knock dorm of tao:es and chairs If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.'f time permits,we will try to accom.mooate you after cubing the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special crc-w can be scheduled.There will be an add tional one day rental.A knock down fee will result it rental items are still up. 27.Waiver of Jury Trial.Each parry:waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof, including,withal limitation,contract tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions,Each party(A)understands that this is a waiver of ur:portam legal ngnts and(B)acknowledges that he-she!it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily.irrevocably and unconditionally waives its jury trial rights. 28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the;erm in connection with the use,parking,storage,and/ or possession of file Equipment.regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to taw any trader rented from LESSOR!DEALER Is' a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication.alcohol;or illicit drugs. 30.Headings.The headings used herein are solely for convenient reference and shelf not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the pa•ties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Aq!eemem prove; AS-IS-NO WARRANTY:THE WARRANTY;S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES !NCi!UDING WITHOUT LIMITA-ION,-HE IMPLIED WARRANTIES OF MERCHANTABI-ITY AND FITNESS FOR A PARTICULAR PURPOSES.ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE L:ABLE OR RESPONSIBLE=0R ANY SPECIAL:INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT RETURN POLICY FOR PURCHASED ITEMS:The customer;s liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during sf:.ppinq,T::s policy also applies:c warranty returns,As stated w.the Hunyor`Heturr Policy:'when customers return or,item or items for credit,a 25'�restocking fee will be charged to your account.plus all applicable inbound and outbound freight.This policy also app4es to shipmens refused and returned All cancellations of whole goods are subject to a 25`,-(of total Invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable Any shibment rece:ved in conditions other than brand now will be charged 50%restocking tee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibi:ty to report any damaceslshorlages within a8 hours of receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of returning merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns On used or damaged products,Any freight related damage must be noted on the signed Bill of Lading AT T HE TIME OF DELIVERYThe purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the tansact€ons referenced herein:(b)Seller has good and marketable title to the Equipment,and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that:(i)Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein;(if)Buyer has selected and carefully inspected and examined the Equipr.,ont and found the same b be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with.all available training,instructions.operating and user manuals,and other information(including all training required under applicable OSHA andior ANSI Standards:it any)regarding the proper and sari transcortaf.on,use,maintenance,reoair ano sw,crage p the Equipment In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of IVV�"uV< V A'�A property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT p-EN7AL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,f a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CARMEL o FISHERS o INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3-117 — S68 — 3030 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one halt(112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liabih}•connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of incomeor any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open A Days a Week Monday- Friday 7:00 am -5:30 pm a Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED-TO JOB LOCATION TICKET # CARMEL STREET DEPARTMENT # 503 3400 WEST 131ST STREET Con# 237181 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/23/12 3:20 PM MS F (317) 733-2005 ID#3 PO/JOB' # RECEIVED BY BENTLEY., JAMES 07/23/12 3:21 PM MS *'` FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT MIN, HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 1 103 PROPANE 60 POUND REFILL 3,& 90 38 . 90 38 .90 1 072874129040 GLOVE LEATHER PALM LG 1290E f'(,'r :� �69 5. 69 5. 69 i IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 4 4.5 9 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT ANP1 FULLY )THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0. 00 BY RUNYON EQUIPMENT RENTAL. X J-GNAT,E;jE THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.0 0 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 44 .59 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT 1j CELL AMT BILLED 44 .59 LEASED BY X PRI [° ` NAM,— PHONE 23-JUL-12 15:22 :03 RETURNED Y X SIGNt fU91 E RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5%.Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Custorner acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty 10:aspect the equipment prior to use and ntity Runyon Equipment Rental Inc(hereinafter"Runyon)of any detects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arising out of Runyon's negligence. Customer snail indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of property Or bodily injury,illness.sickness,disease or death of any person(including employees of Customer),and(2)are caused try,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in which Runyon Is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shat:oe liable and responsible for all costs,expenses and at:,,mey's fees incurred in such defense and/or settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action on its own behalf and Customer agrees ;hat.t shall be liable f r all costs,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of lime. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in ont day Customer will be charged for extra hours on equipment,One day is 24 hours or eight(8)hours running time 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon,whether on the date of this Agreement or at any time in the future(except only as to any Equipment andror other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsaie;(c) Improper,unintended use or misuse:(d)Use by anyone Other!hall Customer or its employees.without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel.E85.etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Custorner is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's proper^;and until it has been returned to Runyon's property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL.BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY 11.Cleaning Charges. Equ;pn-Iera is to be returnee to Runyon as clean as when it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights Linder this Agreement without Customers consent,but will remain bound by all obligations here n.Customer^ay not sublease or loan'he eguipmer*,without Runvor:'s teriden permission, Any purported assignment by Cusiomer is void. 11firre of Return. Customer's reit to possession terminates on the expiration of the rental period("Due In"date&time)and retention of possession after this time constitutes a material bream of this Agreement.Tine is cf the esserce o this P.greemeot.Any esteruion must be mutually agreed upon in writing. 14.Late Return.Tale to equipment is and shat:at all times remain with Runyon Failure to return the equipment by the"Due in'date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and nmiest of One and ore half f1 1'')percent pet month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that!t legal action is brought to enforce this agreement.that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration;of the payment of additional rent classified as'damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property,norml damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5`c of rental charge.This"damage waive"does not include damage or toss of the property as a result of the negligence of Customer of in the rase of abusive damage.!heft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operaticn or use of the egwpmem.use or operation of the equipment exceeding its rated cacac;tv or camage to tires.tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does riot represer:an Iisurarce policy or ab agreement'o:nsure.No damage waiver license,sales or use taxes are included In Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are ou*..of Runyon's possession.Equipment lost,stolen or oamaged beyond repair will be card for at its current list price olus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by oeers,at a charge of sixty-five dollars(S65 00;per hour plus parts. 20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risK of and nold Runyon andro!its employees harnloss for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon Is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits.Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or tines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are achiaily used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment.or elsewhere in the rent::ng locacon.Customer agrees not tp hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment Customer releases and holds R;inyon,its agents and employees hatmiess'iern and against any and all losses,liabilities,damages.injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including.but not limited to any and all fines,penalties and forfeitures imposed by any goverr.mental entity,and,to the extent not covered by Insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Custorner.,or its agents or en!p-oyees, or for the confiscalioh of the equipment by any governmental authority because of illegal or Improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a resur,of injury death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose Daring the term of ri,s Agremeni,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delive,y!Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved,Our service does not include set up and knock dowr.of tables and chars, if to s service is requ,rcd,arrangements should be made several days prior to delivery with a special charge quoted.It no arrangements are made and this service is desired on delivery,our driver must call for authorzaton.:f 1:m.e pemuts,we will ry to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area tables and chairs::ill be:eft until the next day wnen a scec:al crew-an be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27,Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject mailer hereof,This waiver pertains to all dspctes that may relate to the sub:ect matter hereof. including.without'initiation,contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of important lega rights and(B)acknowledges that hershe it has had a reasonable opportunily to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties,parking tickets,traffic tickets.tolls.court costs,attorneys'fees and other charges assessed during the Term in connection with the use.parking.storage,and! or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The custor o,is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow, any trace:rented from LESSORDE.ALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication,alcohol.or illicit drugs. 30-Headings.The headings used herein are sole y for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales a-also governed by the parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and CondiLons previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevaa AS-IS-NO WARRAt%TY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WI?HOUT LIMITATION,THE!MPLED WARRANTIES OF f•-RCi=iANl AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OP.RESPONSIBLE=0R ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE ENDER-HEORIES 0"THE LAW Or CONTRACTS OR TORT, RETURN POLICY FOR PURCHASED ITEMS:Tne customer's iable for a!shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during ship(ng.Ths policy also applies:c warranty returns.As stated in the aunyon"Return Policy"whey customers return an item or items for credit,a 255'r,restocking fee will be charged to your account,plus all applicable inbound and outbound fre:ent This po„cy also applies io sn!pments refused and retime d. All canceIat!o,s of wade goods are subject to a 25`<(of total:nvaced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All pa.is purchases are non refuhgabic Any shipment received in conditiors other than brano new will op charged 50`,,restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility=.o report any damages'shor;ages wdmn 48 hours of receiving the product,.Runyon will rot accept claims 48'nours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchanoise Return Acthonzation(MRA),Runyon will instruct customers as:o the best means of teturc:rg merchandse.Runyon's MRA's are valid for 30 days after issuance,MBAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any 're'cnt related damage mast be noted on the signect Bill of Lading AT THE Th?E OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Sevier represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the Equipment,and(c)on the Transfer Date,Seller will convey the saline to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seiler,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrar:s that:(i)Buyer has all necessary right.power and authority to enter into and perform the transactions referenced herein;(it)Buyer has selected and carefully inspected and examined the Equipment and found the same fo be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller:and(iii)Buyer has received carefully reviewed and is satisfied with,all available training,instructiors,operating and user manuals,and oC,er information(including,.;'training required under app'cable OSHA and/or ANSI Standards,if any)regarding the proper Ind safe transportation,rise.maintenance,repair and storage of the Equipment, In consideration of the payment of additional rent classed as*damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right It might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the rase of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,9 a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CARREL•F151iE95•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and cxditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes ony,and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a toot- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental,com incidental damages,even those damages caused by the negligence of Rentee,together With attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO : JOB LOCATION :TICKET # CARMEL STREET DEPARTMENT # 503 98TH & MAPLE DR 3400 WEST 131ST STREET Con# 237233 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2001 OUT 07/23/12 11:45 AM TT F (317) 733-2005 .ID#3 PO/JOB # RECEIVED BY* 98TH & MAPLE DR BENTLEY, JAMES 07/24/12 9: 39 AM TT ***FINAL*** Page: 1 QTY 'ITEM# EXT AMT NET AMT MIN HOURLY ' OVNITE 8-HOUR DAY WEEK 4 WEEK ^t 20 00045 REFLECTIVE TAPE 3 .20 3 .20 t IFTHE EGUIPMENT IS Nor RETURNED BY TUE IW DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 3.20 FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIGNATURE THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT .0 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 3.20 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT$85 AN HOUR EQUIPMENT � `� PHONE AMT BILLED 3.20 LEASED BY X NE EQUIPMENT 2 4-JUL-12 0 9:3 9:4 8 RETURNED BY X !%0!GNAT111)RE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection,Customer acknowledges that it has nad an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use,Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.ORTHAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of prope-t;:,or bodily injury,illness.sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct including actve,passiye,pr.rnary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable Customer shall,at its own cost or expense,defend Runyon against all suits or oroceedings commenced by anyone in wh'rh Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsiole for all costs,expenses and aeorney's fees incurred in such defense and.'or settlement.judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend sa''d action on its own behalf and Customer agrees that t shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms.Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift If Customer runs the equipment for over 8 ours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(Bi hours running time 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of tins Agreement or at any time in the future)except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the foliow:ng circumstances is prohibited and constitutes a breach of this Agreement:(a)Use!or illegal purpose or in an illegal manner:(b)Use when the equipment is in bad repair or is unsafe;(c) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission,(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply,Also.use of alternative fuels(Biodiesel.E85,etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rest or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall riot be liable for any claims or damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all tire repair. Its Customer's option to check over the tires be!ore the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance, Runyon's insurance does not cover equipment while in Customer's possession, Customer is responsible for insuring the equipment once it:eaves Runyon's property and until it has been returned to Runyon's property and payment has been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RLINYON'S LOCATION OTHER THAN NORMA_BUSINESS HOURS REk•1A!NS THE CUSTOMERS ?ESPO.NSIBILITY 11,Cleaning Charges. Equpment,s to be returned to Runyon as clean as when it left A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment,Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations heron.Customer may not sublease o•loan,the equipment;cutout Prunycrs ivri;,er pe<<nss:on. .Any purported assignment oy Customer is void. 13.Time of Return. Customer,s right to possession terminates on the expiration of the rental period("Due In"date&time)and retention of possession after this lime constitutes a material breach of this Agreement.Time is or the essence iri this Agree^eot.Any extensior must be mutually agreed upon in writing 14.Late Return,Title to equipment is and steal:at all times remain with Runyon.Failure to return the equipmert by the"Due In'date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due and payable at:he termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and ,terest of One and one half(1?'',)percent per monin added to accounts over ten,10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that f legal action is brought to enforce this agreement,that Hamilton County;Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at water time. 17.Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter, 18.Damage Waiver.In consideratior of the payment of additional rent classified as'darrage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property normal damage ro be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or toss of the property as a result of the negligence of Customer cr in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its rated calcaat,,or damage to fires,tubes and wheels caused by blowout,bruises.cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not ar,insurance premium,and that this provision does not represent art nsurarce policy or an agreement to:nsure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Custorer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyond repar will be paid for at its current list price plus tree cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's optics,by others,at a charge of,xv-five dollars;S65.00)per hour plus parts. 20.Severability.-he provisions of this Agreement shalt be severable so that the invalidity,unentorceability or waiver of any of the provisions shall not affect the remaining provisions. 21,Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. If Runyon's employees assist In loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon, 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees.licenses,permits,taxes or fines,required by or resulting from tie Customer's use or operation of the equipment. 24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere in the renting location.Customer agrees no;to hold Runyan liable for damages from down time materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon.its agents and employees harmless from and against any and all losses,liabilities,damages.injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment.incudirg.but not limited to any and all fines,penalties arid forfeitures imposed by any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or its agents or employees, orfor the confiscation of the equipment by any governmental authority because of Illegal or Improper use.Customer shall additionally hold Runyon harmless for all loss.liability and expense in excess of the limits of liability provided for herein as a resu-r of injury death or properly damage arising out of C:stomer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employio of Runyon for any reason or any purpose. During ;I e ern,of mis Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery s made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not Include set up and knock down of tables and chairs, this service is required.arrangements should be made several days prior to delivery with a special charge quoted.It no arrangements are made and this service is desired on delivery,our driver must call for authonzaton.:I time permits,we will iry to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables aid chairs wO De left until the next day:veer,a soec,a! crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 2Z Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a!:disputes that may relate to the subject matter hereof Including without limitation,contract,tort,breach of duty and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important Iecai rights and(B)acknowledges trial hz;she,,'l has had a reasonable opportunity to discuss this waiver and its effects with legal counsel Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its wry trial rignts. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties,parking tickets,traffic tickets.tolls.court costs,attorneys'fees and ether charges assessed during the Term in connection with the use,parking,storage,and! or possession of the Equipment,regardless of the Identity of tho driver of any vehicle You rent from Us. 29.Trailers and towing.The customer:s responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lignts in a safe and secure condition while:n their possession.Customer agrees not to tow ahy trar'er rented from LESSOR!DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)w:hiie under the influence of medication,alcohol,or illicit drugs. 30.Headings.The headings used herein are sole y for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales ale alto ge:erred by;he parties E,_,opmert Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,;hen the terms from the Equ p^lent Purchase=yreement prevail AS-IS—NO WARRANTY.`HE WARRANTY is"rHE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EOUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,'NCLUDING.WITHOUT L!Ml7ATION.THE ifd,PL'ED Niv=r3A!i`IES CF VIERC;ANT.A-IL IT`;AND FITNESS i R A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED CO.MPANIFS!JILL NOT BE LIABLE O�.RESPON1,IBLL=0R ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGAaDLESS OF WHETHER SUCH DAMAGES ARISE LN'ER-HEOR FS OF THE LAV,'Or CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The customer is table for alt shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shlpp,ng.This policy also applies to waramy returns.As stated,r the Runyon"Return Polio''wheq cus!,rmeis return,an stern or Items for credit,a 259 restocking fee will be charged to your account,plus all applicable,nbound and outbound freight.This policy also applies to shipments refused ang returned. All canceliat tons of whole goods are subiert to a 2550(of total,voiced order)cancellation fee on in stock items from Runyon locations ONLY Return shipping of the product is not refundride.All parts purchases are non re?uncable Any shipment iece,ved in conditiors other Char brano nev.,„ill ce charged 50'�restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsib:q.,to report any damages'shor:ages within 48 hours of receiving trip product.Runyon will rot accep'claims 48 lours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Autho.izatnn(MRA),Runyon will instruct customers as:o the best meats of �etirrir:g merchandise.Runyon's MBA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA or returns on used or damaged products Any fie°gin relaterf damage must be noted or,the signed Bill of Lading 9 THE TIME OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the Eouiprnent:and(c)on the Transfer Date,Seiler will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer represents and warrants that(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptable to Buyer;o all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iO Buyer has received,carefully reviewed and is satisfied with,all available training,instructions.operating and user manuals,aid other information(inciudin)all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage or the Equipment. In consideration of the payment of additional rent classed as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might ��®� have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter. a undersigned shall pay upon return of AVA property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT(ZENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an Insurance 410 W.Carmel Drive o Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CARMEL•1`15HER5 C INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8383 The parties agree that in the event the Rentee violates any of the tame and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one hag(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days ® Week Monday- Friday 7:00 am -5:30 pm a Saturday 7:00 am -4:30 pm o Sunday 9:00 am -3:00 pm RENTED TO TICKET # CARMEL STREET DEPARTMENT # 503 FOUNTAINS 3400 WEST 131ST STREET Con# 237308 CARMEL IN 46074 Loc 100 SSN -PHONE DATE TIME W (317) 733-2001 OUT 07/24/12 4 : 16 PM MS F (317) 733-2005 ID#3 PO/JOB'.# RECEIVED BY'-' FOUNTAINS BURKE, RALPH 07/24/12 4 : 40 PM MS ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET AMT, MIN' HOURLY OVNITE 8-HOUR DAY WEEK: 4 WEEK 1 AL-C200 HOSE CAMLOCK 2" PART C tl`'3<,06 13. 06 13.06 1 AL-E200 HOSE CAMLOCK 2" PART E 'f':`°' (, t 7.334 7 .34 7.34 2 AL-B200 HOSE CAMLOCK 2" PART B (` . ,.,' E \ --;'1 '�13.00 26.00 26.00 1 AL-D200 HOSE CAMLOCK2"% PART.,D': .� F 13. 96 13. 96 13. 96 1 00045 90 DEGREE='ELBOW �j`L 1` / y= ✓ 8:_99 8 . 99 8. 99 1 00045 2X5 NIPPLE��.- `'� ~' 9. 35,.,:; 9. 35 9.35 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE,YOU WILL BE SUBJECTM A CHARGE OF CONVERSION(TIHEFT� Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 7 8.7 0 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT ANIL FULLY )THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT IAM THE PERSON RENTING THIS PROPERTY,,,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIUJAT',!RE Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0•00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00 RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 7 8.7 0 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT S85 AN HOUR. EQUIPMENT �C71 , °j Atdt(sFyM, CELL AMT BILLED 78. 70 LEASED BY X -- PRINT NAME I PHONE 24-JUL-12 16: 40:21 EQUIPMENT RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,RUEL AND ELECTRIC CURRENT. will apply. X VITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1,Inspection.Customer acknowledges!hat it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,arid that Customer understands its proper use.Customer further acknowledges its duty to rspect the equipment prior to use and nonfy Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT IT IS FREE FROM DEFECTS. 3,Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arising out of Ru ivon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs.expenses,damages and liabilities including attorrey's fees which(1)relate to infury or to destruction of property,or bodily injury,illness.sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct finds.d-ng active,passive,primary or Secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer sham be liable and responsible for all costs,expenses and at:(Nnev's fees incurred in such defense and/or settlement.judgment or other resolution. In the event that such action is commenced naming Runyon as a party;Runyon may elect to defend said action or,its own behalf and Customer agrees ;hat it shall be liable for all costs.expenses and attorney's fees incurred by Runyon in such defense 4.Rental Charges and Terms.Equipment with hour meters is allowed eight 18)hours use within a 24-hour period of time Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 hours in one day,Customer tall be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge 24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon..,whether on the date of this Agreement or at any time in the future(except only as to any Equipment andror other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;of Improper,unintended use Or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels Ali equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Biodiesel,Ei etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8-Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are.and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Custorner is totally responsible for all tire repair. It is Customer s option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10,Insurance, Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyo 's property and payment has been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. E;uipinpnl is to be return—,to Runyon as clear,as when it Teti.A charge of sixty-five dollars(565.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by a:obligations nererr Customer may not sublease or loan,the equipment w.thou! ?unyon's:vntten perr.uss:bn..Any purported assignment by Customer is void 13-Time of Return. Customer's r ght to possession terminates on the expiration of the rental period("Due in"date&lime)and retention of possession after this time constitutes a materai breach of this Agreement. T are is of the essence iii this Agreerre^a.Any extension.must be routdally agreed upon in writing. 14.Late Return.Title to equipment is and shat:at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(then). 15.Time of Payment.Accounts are due and Payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one half(1!'.)cercent per month addeo to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of !ndfana and that if legal act on is brought to enforce this agreement that Harrilton Count,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a`rater time. 17.Waiver. Any failure by either party to enforce any provision Of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as'damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the enal property normal damage to be determined by Runyor.Customer shall pay upon return of property rented a sum equal to 59 of rental charge.This"damage waiver'does not include damage or loss of the propetty as a result of the negligence of Customer or in the case of abusive damage.theft of other gross negligence of Customer,This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operation Of the equpment exceeding its cited cati or damage to Tres tubes and wheels caused by blowout,bruises.cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance prem um,and that this provision does rot recresert an msurarce policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and fear,while the goods are out of Runyon's possession..Equipment lost,stollen or damaged beyond repa>:will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Custorner,whether performed by Runyon,or,at Ru-)yon's option,by diners,:t a charge of sixty-five dollars(565.00)per hour plus parts. 20.Severabiflty.The provisions of this Agteomrint shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyons employees assist in loading or unloading the equipment,Customer agrees to a=ssume the riSK of and hold Runyon and%or its employees harmless for any property damage or personal'njuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits.taxes or fines,required by or resulting front the Customer's use or operation of the equipment. 24.Charges, Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days anafor m Ins are actually used. 25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment•or e sewhere in the rent ng locatiog.Customer agrees not to hold Runyon liable for damages from gown lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees harn less from and against any and all losses,liabilities,damages,injuries.claims,costs and expenses arising out of Customer's use or possession of the equipment.including.Dut not limited to any and all tines,penalties and forfeitures imposed by any goferlmenta!en51y,ard,to the extent not covered by trsurarce.ary claims or liabilities to third parties arsmg out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.or its agents or employees. or nor the conbscati on of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss liability and expense in excess of fhe limits of liability provided for herein as a res..r of frjury.rirath Or pri-perry damage arising oul of Customer's use of the eguipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose. During he tern of taus Aareement,Customer assumes full responsibility,for the equipment to the public and any regulatory body having jurisdiction. 26.Defivery/Pick Up.Delivery is made:c closest point loic,,.can park.Extra charges will result in delivenes to upstairs,elevator use or any point where extra time is involved.Our service does not incude set up and knock dawn of tables anti;:ha rs. i' s ste to h ec reclii, d.arrangements should be mace several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization,if Lore cermas we will io accommodate You after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs wit oe:et:until the next day:vnen a zinec a' crew cart:be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial-Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matter hereof including.without limitation.contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that hershe.-t has had a reasonable Opportunity to discuss this waiver and its effects with legal counsel Accordingly each party knowingly,voluntarily,irrevocably and uncon itfonally waives Its Iury=.rral rights. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties.parking tickets,traffic tickets tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking.storage,and.1 or possession of the Equipment,regardless of'ne identity or the driver of any vehfclaybu rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains.all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow a,t trader rented from LESSOR,'DE.ALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30.Headings. The headings used:herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sale;are also govanled by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,ther the terms from the Equipment Purchase Agreement prevail AS-IS-NO WARRANTY:'HE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.INCLUDING.WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERChANTABI:JTY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OFF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL!NC OR AFFILIATED COMPAN ES WILL NOT BE LIABLE OF RESPONSIBLE POR ANY SPECIA:-,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOA?ER,REGARDLESS OF WHETHEP SUCH DAMAGES ARISE UNDER-HEOR!ES OF THE LAW OF CONTP.AC T S OR TORT. RETURN POLICY FOR PURCHASED ITEMS:The gristotrer rs fable to,all snipping costs wher returning or exchanging an item to Runyon:,unless the product has been damaged during shipping.T his policy also applies to wanarty returns.As stated-he R nyon"Return Policy"when cusicfnt is return an item or items for credit.a 25°�restocking fee will be charged to your account,plus all applicab:e inbound and outbound fre,ght.This policy also appifes to shipments refused and returned All cancebatia^s of whole g3cds are subiec!to a 25 ;of tolai Invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable,All parts purchases are non refundable.Any shipment ier-erved n conditions other that,oranq re:v wi!oe charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsfbfh:y to report any damages'shortages within-8 hours of receiving the product.Runyon wit:net accept claims 48:tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Returr.Authorization f'MRA),Runyon will instruct customers as to the bps!means of et.nre a mercharchse.Runyon's f.';RA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,Issue air MRA`or returns on used or damaged products.Any freight related damage must be noted on Ina signed&l of Lading AT THE TIME OF DELIVERY.The purchase once at time of sale is final. REPRESENTATIONS AND WARRANTIES:Sealer represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seiler has good and marxetable title to the Eou pment,and(c)on the Transte•Date,Seller will convey the same to Buyer(save only for the purchase money[felt,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of trite Purchase Price).Buyer represents and warrarls that.(it Buver has all necessary right,power and authority to enter into and perform the transactions referenced herein;(if)Buyer has selected and carefully inspected and examined the Equipment and found the same to be acceptable to 6,yer in all respects based on criteria established solely by Buyer and not based or,any recommehdatfon by Seller;and(ii)Buyer has received,carefully reviewed and Is satisfied with,all available training,instructions.operating and user manuals,aid otter information(including ali training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and sate transportation,,rise,maintenance,repair and Storage of the Equipment. In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might R �Y®� _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter The undersigned shall pay upon return of Property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or bQUIPMEN7 RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and (AF-MEL a FISHERS a INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 3'1 7 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one hat(112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or �� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED TO : JOB LOCATION TICKET # CARMEL STREET DEPARTMENT 4 503 FOUNTAIN 3400 WEST 131ST STREET Con# 237372 CARMEL IN 46074 Loc 100 SSN PHONE DATE -.,, TIME W (317) 733-2001 OUT 07/25/12 11:37 AM WH F (317) 733-2005 ID#3 PO/JO,B' # RECEIVED BY FOUNTAIN BURKE, ,RALPH 07/25/12 11 :50 AM WH ***FINAL*** Page: 1 QTY ITEM#: EXT AMT NET AMT MIN HOURLY' ,OVNITE 8=HOUR, DAY. WEEK _ 4 WEEK. 1 AL-B200 HOSE CAMLOCK 2" PART B ". 1%3. 00 13.00 13.00 1 AL-E200 HOSE CAMLOCK 2" PART E " -°w7 . 34 7 . 34 7 .34 19 00045 2 ' ' SUCTION HOSE € :`. i; 3. 81 72 . 39 72 . 39 j 0 11 IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,Miodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED RENT 0 .00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 9 2 . 7 3 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND1 FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0 •00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.1 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0•00 BY RUNYON EQUIPMENT RENTAL. x $;, THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0. 0 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTERTHE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 92 . 7 3 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT R 5 .'"" CELL AMT BILLED 92. 73 LEASED BY X °� ` : (`'.'-- PHONE t 25—JUL-12 12 11 : 50:29 EQUIPMENT RETURNED BY X fir'. `$_ _ " RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X ' A; NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges!hat;t has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its defy tc inspeut the equirmem prior to use and notify Runyon Equiprment Rental Inc(hereirafter"Runyon")of any defects. 2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees assu°o the risks of,and hold Runyon harmless for,property damage and personal injuries.including death and dismemberment caused by the equipmem and/or arising out of Runyon's negligence. Customer shall:ndemnifq and detord Runrion again'ano hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses;damages aid liabilities including attorney's fees which t)relate to injury at to destruction of property or both:i injury,.:mess.sickness,disease or death of any person tincluding employees of Customer),and(21 are caused by,or claimed to be caused.in whole or to part,by trio equipment leased hereto or by the',.so;!ty or conduct(indublig act.ve,passive,pr:-•ary or secondary;of Customer,its agents or employees,or anyone for whose acts any of theta may be liable.Customer shall,of ifs own cost or expense,defend Runyon against all suits or proceechngs commenced by anyone in which Runyon,s a raTed party for which Runyon is alleged to be,liable or responsible as a result of or arising cut of the equipment,of any alleged act or omission by Runyon,and Customer snail be::able and resper.sib:e for all costs,expenses and at':rney'�ryes incu:rec in such dater.se andlor sedientent.judgment or other resolution, In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action or its own Dehap and Customer agrees 'ha;:t she l b::;iab!e for all casts,exoan ses and attgmeys fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipmert with hour meters:s a0oered oont(81 hours use within a 24-hour period of time. Rental rates for equipment are based on usage curing this eight(8)hour shift. If Customer rwis the equipment for over 3 -.ours to cne.nay,Customer,,Nf oe charged fci extra^ours on equipment,One Day is 24 hours of eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge 2A hours running time In 24 hours=a 3-day charge, 5,Future Rentals.Customer acknowledges that the tertns of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement a,at any tune in the future(except only as to any Equ;rxn2nt artd)g•other items with respect to which Custor°er executes a new Agreement). 6.Prohibited Uses. Use of the equipment ill the fo;!ow:ng circumstances is Prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or n an illegal manner,IN Use when the equipment:s in bad repair or is unsafe; q) Improper,-.nine±ended use or misuse: d)Use by anyone other than Customer or its employees,without Runyon's written permission(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.Al:equipment-s full of fuel when rented to Customer and must be returned to Runyor full or additional charges will apply.Also.use of alternative fuels(B od esel.E85.etc;'in Runyon equ:pme is prohibited Cusio ter is :'able for all damages and repairs that result`rem a:temauve file:. Runyon checks the o,,level in the equipment when it is rented to Customer. Maintenance of proper of level in the equipment:s solely the esponl of Customer 8.Repossession-Leon a mi!ure to pay rent or other breach of the contract,Deaier may iciminafe this contract and take possession of and remove the goods from wherever they are.and Dealer and his agents s!?,:I not be liable for any cla^rs for damage of trespass arising cut of the remora:04 the goods. 9.Tires. Customer:s totally responsible for all°Ira repar It s Custorer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10,Insurance. Pinyon's rsurance does rte:covef equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and uht' it has been returned to Runyon's property ano payment has!veen rerrii:d EQU PMEN-. i'49Av ONLY BE RETURNED DU=+ING NORMAL BUSINESS HOLIRS,ANY EQUIPMENT LE7 AT RUNYON'S LOCADON OTHER T�AN,•1ORMA'IL BUSINESS HOURS REMA'NS THE CUSTOMERS <ESPONISIBIr ITY 11,Cleaning Charges, E.;u p^.cill s rc be returned to Runyon as clear as wrhen it left,A charge of sixty-five dollars($65.00)per hour will ba charged for dleanuo 12.Assignments.Subleases and Loans of Equipment.P�.nycn may assign its rigsits under this Agreement without Customers consent,bill will rem n bound by a:'obligations here n. '.donor may r,-,r subl>as>or!oa^,'he equipmeri w;tt oet lryr,r?^,,.Lie;,permisson.Any purported assignment by Customer is void 13,Time of Return. Cr ator.ers rg it rc po,sssan terminates cu the expiration of the rental period("Due:d date&lime)and retention of possession after this time constitutes a^at6cal brew✓)of tf�s;ig-errwnf T,^.e is c':he esserce:,i tt is nt,An;extersrc:rn,et be rnutua`V agreed upon;r wntirg 14,Late Return. 'Idle to ec,,,'pment is pro shat at all times remair with P,unyron. Failure to return the equipment by the"Due Iii'data will subject Customer to a charge cf conversion draft) 15.Time of Payment.,A;couns are Jupard payable at true t!minat on of the rental per rod. 16,Violation of Agreement and Venue Costs. Customer agrees feat in trio event the Customer violates any of the terms and conditions of this agreement,Runyon n,ay collect damages together with reasonable attorney's fees,court costs and interest of one lu:d Cie oaf t,1}_�)percent per mein added to a.counts over ten(1C)days old,reflecting an annual percentage rate of eighteen(18)percent.Oustorer agrees that this agreement is to be Construed under the'laws of the State of ncran<.air]That egal ad.on is rgug t tp enro•ce the agreerlert,fret Hamilton County Indiana,shall be the igrisdictton and legal venue for said action,unless otherwise agreed py Runyon and Customer at a!ater time, 17.Waiver. Al,,tailute by either party to erforce ary provision,of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision+hereafter, 18,Damage ir1'aiver. In cD;rice-aticr;!'one payment of adoi':anal tent classified as"camage wave,by Customer,Runyon agrees to,and hereby does,waive its right,or r.ny right it might have against Customer,arising`: m normal damage of the rental:rc per;y nor•it damaga to b defarinineg by Runyon,Cgs:timer shall Day upon return of property reefed a sum equal to 5%of rental charge.This"damage waiver'does not includ3 damage or:oss of the p,o,..erty as a result of the riedigence ,f Cusio lc or in t e case of abusive damage,theft or other gross negligence of Customer.This damage waiver snail not apply to reckless.careless or abusive operation or use of the equipment,use or ope,atio,-of tna equipment exceeding its gated capa,r: al camace to'Ires.'ube>and wheels caused by tbwout,Dru,;ses.cuts,punctures or other causes inherent in the use of the equipment. It is understood to amount pad is no,ar insurance p,errt ur,and the-this prowsia:cols not epreser:art r sur3nce o%cy or ar ag-e emwlt To'rsure."!c dalliage waiver Ifcerse sales of use taxes are included in Runyon's rental,rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Custor er agrees to pay fur any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goons are out of R.myors possessr r..Eo i.ornp•:t lost,stolen or tfamaypd beyond repo vii''be paip ter at its cui,ent list:;ace plats he cos,-,f rental:;p to t^e time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed oy Runyon,or,at".lnyon's npticr pot otters,at a clip qe of sixty two Dollars IS6I,6;per t uir plus parts 20.Severabinty. The piovisions of this Agreement shall be severable so,that the trvaiid;t',unesforceabildy or waive;of any of the provisions snail not affect the remaining provisions. 21,Loading and Unloading Equipment. Customer is responsible'or loading and unloading equipment. If Runyon's employees assist in loading or unloading:ne equipment.Customer ag—:)G tc assume the r;sr.,`and told Runyon ardvor its employees hdr9ess for any property damage or personal:njines,Including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job delivenes er pick-up by Runyon. 23.Fees.Licenses,Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits.taxes or fines,required by or resulting from the Customer's use or operation of the equipment, 24,Charges, Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund nor reimbursement is due CUStOrri r in the event that fevver pays ar lcr rn ps are a:ually used. 25,Other Liability.Customer assumes all risks f,om the improper Lisp Of tre aquipmer-L Customer is resoons ble for damages to Customers property or goods in storage or in transit.or for any property left or stored in the equipmenr or e;sov here ,^the rent"fq.location, Customer agteas not to-,old Runyon kahc flat damages from Gown ilme,n aterals or other consequential damages resulting from the use of ll•e cquioment.Customer releases and holds Runyon its gems and employes narn,csr;'rowind ada'".st any and all Insses,liabllittes,damage,.if Junes.claims,costs and ccxFePses ans ng out of Customers use or possession of the equipment,inCudmg,put not,.mited to any and ail fines,penalties and to fenunas imposed by any oo,:ec,n.cma--ntity,and,to the extent not slavered ny;:surarce,any c'a'rts or liabilities to third parties arising out of the abandonment,conversion,concealrient or unauthorized sale of the equipment by Custonnef of its agents or emu;ogeesl or for:he cu,,fi5_,ation of L e equinfrient t;y any,governmental autl'vrit;oecause of illegal or improper use Customer shall additionally hold Ruinton harmless for all'oss liability and expense in excess df the limits of hacility provides for here n as a t of injury dear•or property darnane a,isinc cU of Customer's use of the equipment Neither Customer nor any other user of the equipment shall be deemeo the ager:,servant or p<^rpe of Rurvon'of any reason c any puirpose fur re :he tz-:,^cf r,,;v,teement Customet a sumes full respe•nsitilaty trot the ecuipment to the puH'c and any logu atcry badly having jurisdiction. 26,Delivirry;Plck Sip.Dci:very!s made tc closest point;nick can park.Extta cha�ges will result;n deliveries to aostairs,o evatot use or any point where extra ut"e is Involved.Our service does not fnc,ude set up and knock de.vn of tabes and Cha phis ,;r.; t.rG nett arargements should be mane several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,om driver must call for author:zabca 'f tc Po-mtts,town_ ace nm date you after quoting tre price.Or.pick up where no prior arrangements have been made and rental items are no:knocked down and assembles to one sheltered area,tables and chairs w^aI be'eft u.ni:'IN-r.exl de;w,larl a.s, crew,car:be schedu!ad.There wil be an additional one day rental A knock dovm'ee will result it rental items are still up. 27,Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter heveof.7his waiver pertains to a I disputes that may relate+r the sub set matter he-p:f. including.'ivrho,.t::mitatior..contra,,tort,breach of cuty and all other common law and statutory claims,and will not he subject to any exceptions.Each party,(A)understands that this is a waiver of mpo,mnt Iega,I:gllts and tot ackrowledges V.rat atshz't has had a reasonable eppor finny to Discuss th's waver and its effects With regal counsel.Accordingly,each party knowingly,voluntanly,inevocably and uncon it:onally waives its y trial rights, 28.Tickets,Fines and Penalties.You agree to fully and promptly pay au fines,penaanas park rg tickets,traffic tickets tells.court costs,attorneys'fees and other cha+gr;s assessed du;;ng the term in connect on with the use,park hg,storage.and: or possession of tr;e Ectuipmort reganhus cftne dent ty of the driver of any vehicle You tent from as. 29.Trailers and Taring.The rustor:e,s responsible for inspecting and maintaining the frailer coupling mechanism,safety chains,all fie downs,pins and lights in a safe and secure conditon while in their possession.Customer agrees not to tow an';!rile'reraed'rc^L ESSOR,'DEALEH(a'.in a careless of neg:l,en1 manner fby at excessive speed of c)�wrtile urger the influence of medication,alcohol,or Illicit drugs. 30.Headings. "he head ngS used rierein are solely for corver,aeit reference and shall not be used to construe or under the trite rotation of this Agreement ADDITIONAL TERMS AND CONDITIONS FOR SALES All salts ate also governed by the Dailies'Equipmert Purel:ase Agreement, if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent than the terms from the Egu:pment Purchase Agreement prevail AS-IS-NO WARRANTY:THE V1A.RRAN7Y:S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EOU PMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,`NCLUD:NG.WITHOUT LPA,I CATION,THE 1fvtPL ED 'A,IA�zRAN°IES�i'MERC=ANTIA31i ITY AND FITNESS FORA PARTIC:;LAR PURPOSES,ARE EXCLUDED CROM THE SALE Or THIS EO1JIPP ENT RUNYON EQU';PMEN-PENTtm INC OR.AFFI_IATED CONAPA%jl:S,Wit L NOT BE LIABLE OR=r.SFON0B'_E=09 ANY SPECIAL,:NCIDEN`At.OR CONSEQUENTIAL DAMAGES ARISING OJT OF OR RELATED TO THE SALE OF THIS EQuIPMENT TO CUSTOM.EQ,REnA1?DLESS OF WHETIii:H SUCH DAMAGES ARISE :NCER-H 01,ES'D=Th AWOFCONTR,AC'SORTCR'T. RETURN POLICY FOR PURCHASED ITEre1S:The::unto::er is i1UP for a'snipping cgsis'w'hor returning or exchanging an item to Runyr,unless tie product has bt?an damaged during Shipp:;i9,Tl-,s pof:cy also a'-Xicislo;;arranly ret'irn;.As siatcc r the r'enygr`Return Pchr yc•'.vier cu,,.cmc:s return an ter-or items for credit,a 25'(restocking,lce itiik he charged to your account plus all applicaole Inbound and outbound fre:gnt.Thr.pot cy also applies le sninmen's refused and etur lad All arceliaticr:of vilrae goons are s-io;ec'to a 25 ;of fatal r,vo;r.ed order)caneellatIon fee on in stock items horn Runyon locations ON12Y Return shipping of the product is not re'urdabe>.Al,parrs purchas,=s art fun re:uncab a Any shit^,man; en=°veo in condiucrs C'ner Char,brans ),ev will pe c`targed 50°,,restccking fee of the tptai anio_int.All returns roust be properly boxer'.before they are returned,It fha-customer's respgns",:.:ty;c op-art a:n;dar°ages Sho^acc-s'witnin 413 ruurs of Misr'c th pro duct.R.:^ynn a;i;.re,a,ce:a claims 48:'tours aCet delive-y 9 iny,n will not accept returns witnout authorization.Upon issuing a Merchandise Return A;thorrzation i'MIRA),i-tiny:n vd):Irshuci curio^:Pis as:o the best mean,cf atarrrg metcna;cse Rcr;on's MRA'z are valid ter 30 days aft-i issuance,MRAs are not valid after the 30 day 6mc limit expires.Runy.;n iaib absolutely not,under and rircumsrnces,rice air MRA-or returns on sdd or damacec products Any ire tot rPlaied-damage must be rioted or hie signed B of Ladnq PT THE TIME OF DEL'VERY The purchase once at time of saie is final, REPRESENTATIONS AND WARRANTIES:Sealer represents and warrants that(a)Seller has all necessary right,power and authority to enter into and perform Ilia transactions referenceo herein;(b1 Setaf has good and marketable title to the Ego;pmer,f,ano(c)an the transfer Date,Selzer will convey tree sa,no to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price)Buyer presents ant:vvdrrar.s tnat(:)Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein;ill)Buyer has se acted and carefully inspected an`examined the Equipment and`cuing he same:C be :- epe,:E ter Buyer in all respects oased or r:item estapl_sned solely by Buyer and not based Or any recommendation by Seller;and(ii.)Buyer has received,carefully reviewed ano rs saysfied,%,'h,all available irairivq,.netrr,r-trors,opeeating,nq use,manuals,,rid oti:er:ntcrration(incf:i•,-h-y aa.training rer<urred ingot app icaoo OSHA andtor ANS Standards,if any!regard:ng the,proper and sets:ranst^rf,i'i v,,,e :rstirtertarcia,rep,,*an:!storage of'he Eg,nrtrrtent. In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated rapacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or £QUIVM£NT R£N CA► other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive a Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and (.WMEL•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 - 566 — 8888 The patties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and lt is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm a Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET. # . CARMEL STREET DEPARTMENT 4 503 SHOP 3400 WEST 131ST STREET Con# 237402 CARMEL IN 46074 Loc 100 SSN PHONE DATE 'TIME.. W (317) 733-2001 OUT 07/25/12 3:29 PM WH F (317) 733-2005 ID#3 PQ/JOB''#. RECEIVED BY SHOP HOBBS, .JAMES A 07/25/12 3: 30 PM WH ***FINAL*** Page: 1 QTY ITEM# -EXT .AMT NET AMT MIN OVN,ITE 8-HOUR DAY WEEK• 4 WEEK 12 043281001915 PAINT MARKING WHITE 20 OZ SEY : 3,. 75 45. 00 45.00 �ti ve N IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT) Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 4 5.0 0 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND-1 FULLY )THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL )( t;a ; THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0,00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.0 0 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 4 5.0 0 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR EQUIPMENT ,! A-," CELL AMT BILLED 45. 00 LEASED BY X ° ` , 'Lt':' PHONE EQUIPMENT 25—JUL-12 15:30:54 RETURNED BY X S11L "AR- RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X AL ADJUSTMENTS OR CREDITS will be made on equipment `` malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.inspection,Uus:orner acknowedges that r has had an opportunity to personally;aspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer farther acknowledges its c ttt nsp:'ct!lye equiprien:prier to use and notify Runyon Equ:pment Rental Inc(hereinafter"Runyon of any defects, 2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment anclor ans!ng out of Runyon's negiicerce. Cussm<a s`aii dem fy and dea nil Runyon aaamst and hold Pinyon harmless from any and all claims,actions;suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which ?)relate tO injury or to destructbn cf property,or bodry injury,Nness.sickness,disease or death of any person(kidudirg employees of Customer),and(0)are causea by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(includ:rg actroe,passive,pr^ary ur secondary)cjf Customer,its agents or employees.or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expanse,defend Runyon against all suits or broceegings commenced by anyone it which Runyon!S a named party for wP-ch Runyor is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon.,and Customer shall oe liable and responsibly Ion all costs,expenses and attc rney's lees=.rrea in such defense androrettlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action or:its own bell and Customer agrees that'sha I b.3 Gable for ail costs,exPensas anal attorneys fees inctured by Runyon ir:such defense 4.Rental Charges and Terms.Equipment lvvith ho r meters is allowed e ght(8)hours use witNr)a 2A-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over 8 tours in one day,C unto ce!dill pal chacgeg for extra pouts or equipment.One day is 24 hours or eight(8)`fours running lime. 16 hours running time in 24 hours=a 2-day charge.24 hours turning time in 2-4 hours=a 3-aay charge. 5.Future Rentals.Cus°.omet acknowledges that the ter,,^.s of th s Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon„whether on the date of tris Agreement or at any time in;he future(except only as to any Equipment and-or other:errs;wrn respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment In the fo ow:ng circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in on illegal manner,(b)Use'wher.the equipment is in bad repair or is unsafe;:,C) Imoroper,unintended use or misuse;(d)Use by anyo,a other'har.Customer or its employees.without Runyon's written permission:(a)Use at any location other than the address furnished Runyon without Runyon's written permission 7,Fuel and Oil Levels Air equipment is full of fuen when rented to Customer and must be returned to Runyon full of additional charges will apply Also use of alternative fuels(6iodieseL E85.etc.)in Runyon equipment is prohibited Customer is !fable for all damages and repairs that result from ailemative fuel. Runyon checks the o!1 level in the equipment when ifs rented to Customer. Maintenance of proper oil level in the equipment is solely ilia responsibility of Customer 8.Repossession.'.upon a failure to pay rent or othe•breach of this comract,Dealer may terminate this contract and take possession of and remove the goods`rom wherever they are,and Deala•and his agents sra! not be iiable for any:;ia,rrs for darnage or trespass arising out of the removal of:he g000s. 9.Tires. Cis`omer s hital!v responsible tar all tire repair Its Customers oDtior to check over the tiles before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runycn's neon,=..ace cots not Clive,equipntert while in Customer's possess:on. Customer is responsible for insuring the equipment once it:eaves Runygns property and:-m!it^as been reft,iii to Ruryor'S property ano pavni^as been reca od.EQU PMEN7 Pv1AV ONLv EE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT 1 Er AT RUNYON'S LOCATION OTHER THAN 1ORMA;.BUSINESS HOURS RE":'AINS THE CUS-.01AEPS RESPONSIBILI'Y 11,Cleaning Charges. Euc p•nort:s to he rfl to Runyon es clean as when it left,A charge of sixty-five dollars($65.00)per hour will be char ged for cleanup 12,Assignments,Subleases and Loans of Equipment.Rimycn may assign its rights under this Agreement without Customer's consent,put will terra n bound by a'obligaiions nere:r Cus'cmer•may no,surl^ase o loa•r k,c quipmem;nit ra t =urnvon's r:riti: rye a_sro . lay fv:roofed assigiimer,by Cus crnar is void 13.Time of Return. Ccsto e s rgid;i prtssessbrt terminates'Al trip expiration of the rental period("Due In"data=&lime)aid retent:cm of possession after this*inns consV?ores a r*;atersl br,�;i n of t^s Agreeimemi lime is c':he asserce z,tf i, k.rea°e°,t.A°,y extensi r.titer be mot:.c,li,•agreed upon in vrnting. 14-Late Return,lido to equ pn:eni is a;;d o-a'.at alit times;error with Runyon.Failure to return the equipment Dy the"Due In"date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are duo and payabi?at',is torm::tat,on of the renta period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event tae Customer violates any of the terms and conditions of this agreement,Runyon;may collect damages together with reasonable attorney's`ees:court costs and interest of ore anal or,e Waif(t',41 pet cent per mentn added to aucounts over ten,10)days old,reflecting an annual perceritage rate of eighteen(18)percent. Customer agrees that this agreenent is to be construed under the laws of the State of Indiana and htat':egal actor,is brough;'c enforce this agreement that Hannaton Cour A Indiana,shall be the jurisdiction and algal venue for said action,unless Otherwise agreed by Runvan one Customer at a later lime. 17.Waiver. Any failure by either parry to erdorce any provision ui this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such prevision ihoreafter. 18.Damage Waiver. In cbnsigeratiOr at tine payment or additional rant classified as"damage waiver by Customer,Runyon agrees td,and hereby fides,waive its right,or any nigh'it might have against Customer,ar,'sr.g!rom norms I damage of the alma!Property n,,rmal damage m he cieiermme;by Runyon.Customer shat!pay upon return of property rented a sum equal to 5`�of rental cnatge This"damage waiver'does not include da a;,e gr loss f the ptgpet v es;e rasuL*of the negligence of Custo^-,of in the page bf ebusvo,�amage.ih0 or other gross negligence of Customer This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operatinr.of Ire equipment ex_eating its end calla ty.Or damage to tires,'ube.and whce)s raised by bloviout,bruises.cuts,punctures or other causes inherent in the use of the equipment.It:s understood the amount paid is no an ins-;ranee prem:rn,and that this provision does rot ecreseci a^:nwrarce PJiry or ar ay Bement to,insure.NO damage waiver license;sales or use taxes are included h Runyon's rental tales.They are extra. 19-Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless o`cause,except reasonable wear and tear,while the goods are out of Rumvcn's possess cr.rq_l Phle-t ids`-,stolen or damaged beyond repo .„;.be paid for at its cut•ent list once plus his cost at rental up to the time of reporting the loss or theft io Runyon.The cost of repairs will be borne by CuSomer,whether performed by Runy„r,or,at Punycii s opticr,by others,at a chage of ixly-tive^ollars(565.00}pe:f cot plus pars. 20.Severability.'"he provisions of this Agreement shall he severable so that the Invalidty,unenforceability or waiver of any of the provisions she!'not affect the remaining provisions. 21.Loading ano Unloading Equipment. Customer is responsible for lacing and unloading equipment. If Ruryor's employees assist in loading or unloading the equipment,Customer agrees to assu-p the risk of and.hcid Runyon and%ar its employees rarmless fur any pioporty damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is snot responsible for arty damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.. 23.Fees,Licenses,Permits.Taxes and Fines. Customer shall be solely responsible for dayment of any fees,licenses,permits,taxes or fines•required by or resulting frorn the Customer's use or operation of the equiprl 24.Charges,Customer shatt pay all charges red;tired under this.Agreement upon demand Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days ord:Dt miles are actually used. 25.Other Liability.Customer assumes all risKs from the imprcpe:use of the equipment.Customer is responssbie for damages to Customer's property or goods in storage or in transit or for any property leg or stored it the equipment.or e7fewhere in i7a„antsg,ocal-oi,Customer agrees no,to.hold Runyon l pnlo for damages from down*rhe,materia s or other consequential damages resultng from the us=_of the ogd!pmem,Customer!dcasos and holds Runyon.its agents and employees rar-!,ss'rr c„z^d against any aid Yl josses,uabilites,damages,injuries;claims.costs and expenses arising out of Customer's use or possession of the eau p^nenf.inc:udeig,brit mot Smited to any and ail fines,ponaltics acid forte tmes rmposnd by arty goverirre,Js entry arid.to the•exicrt not covered oy r'sura:ue,any c:a:ms it liabilities to third parties ansing out of the abandonment,conversion,conceals end or unauthon<ec sale of?hc”equipment by Custom+er or its ager s or ampicv_:es, or br;he cu'itsl a'!o.n of tre equ!pmeru r,v any governmental authority because of illegal or improper use.Customer shall addihona!Iy fiord H,myon harmless for all loss,liability and expense it excess of the lit-its of Gabi rty provided for here i as a rest-'of irdory<r.?ath or p".'pefry damage arising out of Customer's use of the equipment. Neither Customer no,only other user of the equipment shall be deemed the agent,servant or employee of Runyon`or any teas or or any purpose 7ufirg the tern of n Arreemant,Customet assorres`ill responsibility for the ecu;prriert to the public and any regulatory body having jurisdiction. 26,OrlivcrylPick Up Deirverq s made 0 cicsest ccim truck can park.Extra charges viiil result iii deliveries to arstaiis,elevator use or any posit inhere extra time is involved,Our service does not inciade set up and knock 12wr of tables or c'ct a its. iris ser.i:.e c.ieyair;=d,arrareemems shcuid be made several days pilot to chivalry with a special charge quoted.If no arrangements are made ano the service is desired on delivery,our driver must call for author z3tron f':me pal: rig ere r:dl rr to aacmn:avdatc you alien quoting the price.Or,pick up where no prior arrangements have been made and rental items are not knocked down and assembled to one sheltered area,tables and chairs',v?i oa ef,,;btu 11-rex:as;vv ten a sae:a crew car be scheduled,There will be an adaitionai one day rental,A knock do:an fee will result if rental items are still up. 27,Waiver of Jury Trial.Each party waives fs right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof,This waiver perlams to all disputes that may relate to the subject matter ho•aof. including w thcrf inn!taicr.contract,Port,breach of dory.and all other common law and statutory claims,ana will not be subject to any exceptions.Each parry(A)understands that this is a v:give of imporiam Iegas rghts and(6)acknowledges ilia( no,she/1 Wes had a reasonable Opportunity to discuss this waver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives Its:pry mate rights, 28.Tickets,Fines and Penalties.You agree to fully and promptly Pay ail fines.Dena;lies.Palk ng tickets,traffic tickets,tolls.court:osis,attorneys'fees and other chages assessed dut;na•Ire 7orm in connect on with the use,parking,storage,and; or Possession of the Egmp liar;,regardless of'l identity of the driver of any vehicle You rent from Us. 29,Traiters and Towing.Tne uisto-ei responsible for inspecting and maintaining the trader coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition,chile ri their possession.Customer agrees not to tow, any Ira Ier rented horn:L ESSORIDEAL:R(a)in a careless or negligent manner,(b)or excessive speed or(c)while ur:der the influence of medcation,alcohol,or illicit drugs. 30.Headings The=head:n.gs used herein are saeiy for convey Sri reference and shall hot be used to construe or affect the irferpreia!on of this.Agreement ADDITIONALTERMS AND CONDITIONS FOR SALES All sale.ate r:iso rjo,,cmed by the Dart r>Ecwo pert Purchase Agreement. If the Equipment Purchase and the Terms and Conditions Previously enumeratea are inconsistent.;her tree terms from the Ent,pmert Purr fh sef Agreement prevail AS-IS-NO WARRANTY:-HE:"JAr1RANTY IS T'H,E SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.:NCLUD:NG,+P11"HOuT 1,:V17ATION,THE!IMPLIED ti/::--RAN'ES OF!v1ERC-ANTABILlTY AND FITNESS FOR A PARTIC�i_AR PURPOSES,A+E EXCLL;DED FROM THE SALE CF THIS EQUIPMENT RUNYON E OU!PMENT RENTAL NO OR AFFI_IATED CO`.1PA'APS'WILL NOT BE L!ABLE OR.PFSPDNSIF<LE.FOR ANY SPEi,iA',iNC!DFNJ AL OF CONSEQ:;ENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE Or THIS EQUIPMENTi iO CUSTOMER,REGARDLESS OF t^1H THER SUCH DAMAGES ARISE -NI:rEII 7 Ht-(XI ES OF THE SAW OF CQNTfAC7S OR 70P1. RETURN POt•CY FOR PURCHASED ITEMS:Tqe Gusto•,ar s'irb!e for a shipping:;osts where returning or exchanging an item to Runyor.,unless the product"as I;een damaged lurm;'j,pp-g TI-is viol c,;also a^.;;!nos r vmva•rty-fluffs.As °Reii,,n Policy"va.hr.r,rt;^mats re,um an item or items for credit,a 25°•i,restockmd fee will be cherged to your account,pies all arp icabie r,Poura and outbou(T fie:g it T.".l po,,also app ies to sir nents refused ai+d et-.frail. A.1l canceta+icrs of rrhde goers are s:!P:ec;to a 251s;.f'otai rvoiced order)cancellation fee on in stock items nom Runyon locations ONLY Return shipping of the proc,ct is rot returdab:!:,All r.,acts purchases are inn re`unaable.Ary s:m.icrnent rece veil,^,:c•+d:llcrs:tear that,bran;vier;wa!De c1arged 5U =stocking fee of the total amount All returns must be properly boxed before they are returned.)',s the cusmorer's rasponsb,:r;tc report airy:.amazes shor:aces vmthin 48!:errs of receiving tit.np-d;ci..R„^ynn will rot a,cep^daubs 48:i curs after delivery.Runyon i li not accept returns w0llow autrorizaton.Upon issuing a IVercnanoisc iuetum Aahonzaiion(MRA),ii inyor ivdi:nst.•ucf CSiJ::'.er5 as tv the best means CI g rneidiardse,Ruryo,fs iv:RA s ale valid`or 30 rdays offer issuance,MRAs are rot,valid after the 30 day time lien^!expires Pinyon vill absolutely not,unref any dire ar.nsences,'sst.e ar MR.A or returns on i;seo or dama:ec prnd,i l Anl, he_l:'a 1 damage mast be rote,o,-trio signet Bit of Lac,ig AT THE TA'E OF DELIVERY The purchase price at time of sr e is rtnal, REPRESENTATIONS AND WARRANTIES:Se'lor represents and warrants that:(a)Seller has all necessary right,power and authority to enter into aria perform the transactions referenced herein;(b)Seller has good and marKetabie title to the Egmprr+erCen^(c)on the Transfer Date,Se'!er wil!convey the Sarre to Buyer(save only`or tine purchase money lien,it any,to be retained by Seller should Seiler,at its sole option,elect to finance all or any portion o`the Purchase Price)Buyer epresents and.:rrr-n;s that.(7)Buyer has all necessary right,power and aut:ority to enter into arid perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equiprrert aura`oi9d the same o be ar.eptaoie to Fiver in all respecs based on c,rteria established solely by Buyer and riot based on any recommendation by Seller,and ii:i)Buyer has received,carefully reviewed anti's satisfied with,Eiji available training,:nslruchons.operating and -se,mao:ras-ru ofr.er:^.forma;!on bn,:idr,g a!;training requ'ra:i ender applicable OSHA arid-or ANS:Standards,if arty)regarding the pruner and sate rarsccrtstior. :e.maintenance,rep;;ir and storage at°he F, 0ment. VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF $ 410 W. Carmel Drive Carmel, IN 46032 $1,914.65 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO ACCT#/TITLE AMOUNT Board Members 2201 43-530.99 $567.20 1 hereby certify that the attached invoice(s), or 2201 42-390.30 $319.96 bill(s) is (are)true and correct and that the 2201 42-390.12 $259.61 materials or services itemized thereon for 2201 42-321.00 $589.24 which charge is made were ordered and 2201 42-311.00 $144.46 2201 238045 42-389.00 $9.00 received except 2201 238154 42-389.00 $25.18 Thursday�August 09, 2012 Street Commissioner / b SureeE C,o Fri rnTitle«sicner Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates 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)) 07/25/12 $567.20 07/25/12 $319.96 07/25/12 $259.61 07/25/12 $589.24 07/25/12 $144.46 07/31/12 238045 $9.00 08/01/12 238154 $25.18 1 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 In consideration of the payment of additional rent classified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right lt might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of Property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or 6QUIpMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipmenL The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and GARMBL•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the temps and corxfltions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one half(1 12)percent per month added to accounts over ten It 0)days old,reflecting an annual percentage rate of eighteen It 8)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a fool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrental,com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED- TO JOB LOCATION TICKET-#" CARMEL WATER DISTRIBUTION # 161 SHOP 3450 W. 131ST STREET Con# 238355 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2855 OUT 08/03/12 1: 35 PM SM" C (317) 733-2840 ID#3 PO/JOB` # RECEIVED BY SHOP MORGAN,, TRENT 08/04/12 1: 35 PM SM CONTRACT Page: 1 QTY ITEM# EXT AMT NET AMT. MIN HOURLY OVNITE 8-HOUR DAY WEEK. 4, WEEK 1 101 PROPANE 30 POUND REFILL r `.20 . 90 20 . 90 20. 90 \�\ I l IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. Customer is liable for all damages&repairs that result from alternative fuel. I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND1 FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X SIGNAT-IRE THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR,LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT LEASED BY X PRINT NAME PHONE 03-AUG-12 13 :38:46 EQUIPMENT RETURNED BY X Ir=IN AT L R E RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT OTTIMEUSED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES,FUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon EouiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter-Runyon)of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment.caused by the equipment and/or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's tees which(1)relate to injury or to destruction of property,or bodily injury,illness.sickness,disease or death of any person(including employees of Customer),arid(2)are caused by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including active,passive,pr,nary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,al its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result or or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses and attorney's fees incurred in such defense and/or settlement.judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees :ha:it shall be f able for all costs,expenses and attorney's fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(.8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage curing this eight(8)hour sh ft. If Customer runs the equipment for over 8 hours in one day,Customer will be charged for extra nours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment andior other items with respect to which.Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;of Improper,unintended use or misuse:(d)Use by anyone other than Customer or its employees,without Runyon's written permission:(a)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon fall or additional charges will apply.Also.use of alternative fuels(Biodiesel.E85.etc.)in Runyon equipment is prohibited.Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer 8.Repossession,Upon a failure 10 pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents small not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Customer is totally responsible for all tire repair. It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10.Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible tot insuring the equipment once it leaves Runyon's property and until it has been returned to Ruryors property and payment has been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITv. 11,Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup. 12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein Customer may not sublease or loan the equipment,vnhout Runyon's written,permission.Any purported assignment by Customer is void. 13.Time of Return. Customer's rght to possession terminates on the expiration of the rental period("Due In"date&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is c'the essence in this Agreecehl Arry extensioe mac,be mutua,agreed upon m wnttng. 14.Late Return.Title to equipment is and sha:'at all times remain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(theft). 15.Time of Payment.Accounts are due ano payable at the tot minatiort of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and interest of one and one half(1 yz)percent per month added to accounts over ten(t 0)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement,that Hamilton Counly,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Ally failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver"by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operationn of the equipment exceeding its rated capacity.or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a charge of sixty-five dollars(565 00)per hour plus parts. 20.Severability. The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon andior its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22,Property Damage. Runyon is not responsible for ary damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees,Licenses,Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees,licenses,permits.taxes or fines,required by or resulting from the Customer's use or operation of the equipment. 24.Charges,Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior miles are actually used. 25,Other Liability.Customer assumes all risxs from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any piopeif,left or stored if,the equipment.or elsewhere in the renfng location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees harmless from and against any and all losses,liabilities,damages,injuries,claims,costs and expenses arising out of Customers use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by any governmental:entity,and,to the extent not covered by insurance.any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.or its agents or employees, or for the conhscaficn of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a result of injury deatr or properly damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose. During the tern.:of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery is made to closest point truck can park Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chairs. If this service is required,arrangements should be mace several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,out driver must call tot authorization.if time permits,we will try to accomrncdate you after quoting The price.On pick up where no prior arrangements have peen made and rental items are not knocked down and assembles in one sheltered area,tables and chairs will be left until the next day when a special crew can be scheduled.There wil;be an additional one day rental.A knock down fee will result if rental items are still up. 27.Wafver of JuryTrial.Each party waives its right to a;,ury*rial of any clam or cause of action based on or ans.rg out of ih:s agreement or the subject matter hereof.This waiver pertains To aii disputes that may relate to the sLb;esi mane[re•2of mctuding vt thoid m7ilation,contract,toil,hreac i of duty and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a(waiver of important loge:rights and t81 ackno,vied:yes alai heishei i has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordmdiy,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial righis. 28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties.parking tickets,traffic tickets,tolls.court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking.storage.and.! or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow any trailer rented from LESSOR'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs. 30•Headings.-1 he headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also govenied by the parties'Eauipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions Previously enumerated are inconsistent.then the terms from the Equipment Purchase Agreement preva l AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF F.tERCHANTABiLITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMEN'RENTAL INC OR AFFI_IATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR.AMT SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER 7 HEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS:Tie custome,s liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during sHpping.This policy also applies to warranty returns.As stated The Pinyon"Return Pol�c;•"vahen customers re:um an item or items for credit.a 25%restocking fee will be charged to your account,plus all applicable inbound and outbound freight This policy also applies to shipments refused and reti med. All canczflations of whole gdogs are subJoct To a 25ee(of(oral invoiced orderi cancellation fee on in stock items from Runyon locations ONLY..Return shipping of the product is not relundao�e.All parts purchases are non refundable Any shipment -eoe.ved n conditis,s other than brano now shat oe charged 50%restocking fee of the total amount All returns must be properly boxed before they are returned.It's the customer's responsibuity to report any damageshhonages within 48 hairs of receiving the pros.c:Runyon wit'not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of r*irr,ng merchandise.Runyon's(,`RA's are val d for 30 days after issuance.MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products Any ire g i rFla:�,.d damar:e m,,st be ror-d or.the sgnec 5,:I of Lading AT THE TIME OF DE LIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES:Sp.o!represents and warrants that(a;Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and maritefabie title to the Equipmert.and(e)or the—ransfe-Date,Sei:e�mil convey fie same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option„elect to finance all or any portior of the Purchase Price).Buyer represen's and v.,&rars that ii;Buyer nasal necessary nght.power and authority to enter into and perform the transactions referenced herein;(r)Buyer has selected and care`ully inspected ano examined the Equipment and fos,nd tha same t-be <.:a2pta,ilr l"F,.Ver ail respec's'Jas,,d or ritafia estaoi-sheo solely by Buyer and not based on any recommendation by Seller;and('iii)Buyer has received,carefully reviewed and is sal sfled with,all available trairing.instructions,operating and „se maple;,,air;cC:er:ntcrrra^c(inc`ddi•q a".training required under applicable OSHA and±or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment. In consideration of the payment of additional rent classified as"damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might _ have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of AAA property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or E.QUIVMBNT{ZENTRL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,If a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and CAW61-•F15HER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person Without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 ° 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one haif(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. ,FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or L damage resulting direct) or indirect from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including an implied "Don't be a tool- Rent one" g' g bi N p y p p g. y p warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm RENTED. TO`. "I I JOB• LOCATION TICKET #; CAR EL WATER DISTRIBUTION # 161 TRENT 3450 W. 131ST STREET Con# 238252 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733-2855 OUT 08/02/12 2 : 15 PM MS C (317) 733-2840 ID#3 PO/JOB':#; RECEIVED.BY MORGAN, TRENT 08/02/12 2 : 17 PM MS ** kFINAL*** Page: 1 QTY ITEM# EXT AMT. . NET AMT MIN_ ' HOURLY . OVNITE ` 8-HOUR; ' DAY WEEK.,,.- 4 WEEK••... x+. 1 102 PROPANE 40 POUND REFILL 2`171. 90 27 . 90 27 . 90 1 00045 FUEL LINE 2FT *g' 1. 00 1.00 1 00045 FUEL TANK GROMET sm 2 . 68 2 . 68 6 +. IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT} Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0. 00 Customer is liable for all damages&repairs that result from alternative fuel. SALES 31.58 I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHI$PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X 'iGIJA;UR Addl TAX 0.00 THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0, 00 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0. 00 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 31.58 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. EQUIPMENT X `a 11� i `'°°4 €�-� CELL AMT BILLED 31.58 LEASED BY 02-AUG-12 14 : 18 :01 EQUIPMENT {;'t("; ;;S'°'(" p; � RETURNED BY X •�! N�: =; - RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES,VUEL AND ELECTRIC CURRENT. will apply. X Ir + NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals. malfunctions unless Runvon EauiDment Rental has been notified. 9 9 TERMS AND CONDITIONS 1.Inspection,Customer acknowledges that it has had an oppOdUnity to personally inspect the equipment and finds it suitable for its needs and in good condition,arid that Customer understands tts proper use.Customer further acknowwledges its duty to inspect the equipment prior to use and notify Runyon Equ,pment Rental Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES,THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT IT IS FREE FROM DEFECTS, 3.Indemnification. Customer agrees to assume the risks of,and[told Runyon harmless for,property damage and personal injuries.including death and dismemberment,caused by the equipmert and/orare.no cat of Runyon's negligence Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims.actions,suits,proceedings.casts,expenses,damages and I abilities including atiorne fees whrch(1)re'atc to injury cr to destruction Of properly,or boody injury,illness.sickness,disease or death of any person:;including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in par:,by the equipment leased nereir or by the Lability or ccna,ct(inc:udw J active,oassive primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall;at its own cost or expense,defend Runyon against all surts or proceedings commenced oy anycre -n w":ch Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible`or ail costs,expenses and attorney's fees incurred in such derense and+or sett'ement,�udgment or other resolution, in the event:hat such actior is commenced naming Runyon as a party Riunyo i may elect to defend said action on its cwn behalf and Customer agrees that n shatl be cable for all costs,expenses and atorr.evs fees incurred by Runyon in such defense. 4.Rental Charges and Terms. Equipment vrith poor meters is avowed eight(81 hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight i;8)hour s1 fl. If Customer runs the equipment for over 8 hours irr cue gay.Customer wall be charges for extra hours on equipment.One day is 24 hours or eight;8)hours running time. 15 hours running time in 24 Fours=a 2-sap chores.24 hours running time in 24 hours=a 3-day,charge. 5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to a l Equipment Customer may rent or purchase from Runyon-w:?ether on the crate of:his Agreement or at any time in the future(except only as to any Equipment and.or other items wdh respect to Which Customer executes a new Agreement. 6.Prohibited Uses. Use of the equipment'n the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner(b)Use vier the equipment is in bad repair or is unsafe fc) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission,(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equipment is full of fuel when rented to Custompr and must be.returned to Runyan full or additiorai charges will apply.Also,use of alternative fuels(&oclose!,E85,etc.)in Runyon equipment is prohibited Customer is liable for all damages and repairs`:hat result from alternative top:. Runyon checks the oil level in the equipment when ii is rented to Customer. Maintenance of proper oil love!in the equ:pn�oht is sorely,the responsibility of Customer 8.Repossession.Upon a failure to bay rent of other breach of tins contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,a:id Deals and his agents shall not be table for any claims for damage or trespass arising out of the removal of the goods. 9.Tires.Customer;s totally respor ie for all fire repair.A is Custprner's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted 10.Insurance. H.myon's insurance does rot cover eouipmecl while in Customer's possession, Customer is responsible for insuring the equipment once it!eaves uoyon's pmparty and unti:it has been refurneo:o Runyon's property and payment nas been received.EQUIPMENT MAY ONLY BE RETUPNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT:E-7 A7 RUNYON'S:OCATION OTHER THAN NOR.%IAL BUSINESS hOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11.Cleaning Charges. Ecdipmenf is to be returnee to Runyon as clean as when it felt A.charge of sixty-five dollars!S65 001 per hour::,Woe charged to!coanup. 12.Assignments,Subleases and Loans of Equipment.,Pinyon may assign its rights under this Agreement;without Customer's consent,but will remain bound by:iii obligatons here:-..Customer may not sublets:or soan the aou:pmi--t mtlout , von's written permission.Any purported assignment by Customer is vois. 13.Time of Return. Gustotne,s rght fr,bossession terminates on the expiration of the rental period(-Due!n'gate R;line)and reiention of possession after trus itne constitutes a material brr;acn of Ills Agreement T'n.e is O f ire esserce vi this eam=,:r An,ezten�^r must be mu'..ially agreed upon n wnb,:; 14.Late Return,-life to equipment is and s.na!1 a:all tulles rerra:e w;h Runyon.Fature to return the equipment by the"Due;n"date will subject Customer to a shaige of convarsioc(tneh! 15.Time of Payment.Accoums are due and payable at the termination of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may colect damages together with reasonable attorney's fees,court costs and ntsrest of one and one half(1?-)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agrcprent is fo be construed under Inc laws of the Slate of Indiana and that if legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waiver.Any failure by either par ly to enforce any provision of this Agreement shall no:constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18.Damage Waiver.In consideration of the payment of additional rent classified as"damage waiver'ley Customer,Runyon agrees to,and hereby does,waive its right.or any right n might have against Customer;ansing from normal damage of the rental property.normal damage to be determined by Runyon,Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of Customer or In the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment.use or operation of the equipment exceeding its rated capacity,or damage to tires,tubes and.wheels caused by blowout,bruises.cuts,punctures or other causes inherent in the use of the equipment.N is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra. 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods:regardless of cause,except reasonable wear and tear;while the goods are out of Runyon's possession.Equipment lost,stolen or damaged beyond repair will be paid for at its current list price plus the cost Of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by C usfomer,whether performed by Runyon,or,at Runyon's option,by-others.at a charge of sixty-five dollars i'S65.00;per hour plus parts. 20.SeverabiEjty.The provisions of the Agreement shall be severable so that the invalidity.unenforceability or.waiver of any of the provisions shall not affect the remaining provisions 21.Loading and Unloading Equipment. Customer is responsible'Or loading an',unloading equipment. If Runyon's employees assist in loading or unloading the equipment.Customer agrees to assume the isK of and hold 2unyon andror its employees"rmless for any property damage or cersonal injures,including damage and personal inuries attributable to the negligence of Runyon. 22.Property Damage. Runyon s not responsiole`or any damage whatsoever as a result of on-the-job calvaries or pick-up by Runyon. 23.Fees,Licenses,Permits,Taxes and Fines. Customer sf:a I be solely responsible for payment of any fees,licenses:permits,taxes or fines required by or resulting from the Customer's use or operation Of'he equprert. 24.Charges.Customer shall pay ail charges required under:h';Agreement upon demand.Customer agrees that mileage and tame charges are minimum charges c^ly and that no refunn or reimbursement is due Custorner in the event that fewer days ana or mi es are actually used. 25.Other Liability,Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,er for any property left or stores u.the equipment,or e;se.where the tenting location.Customer agrees not to`told Runyo^liallo for damages from down time,materials or other consequential damages resulting from the use of the equipment.Custorner releases ana holds Rumor. its agents and employees narfless fro!,,and against any and all losses,!iab:ii ies,damages,injuries,claims;costs and expenses arising out of Customer's use or possession of the equipment ifid cling.but not limned in ary and all fines,penalfies and forfeitures mposeo by any gu+ornnienta:entity,and,to the extert riot covered by:rswance any ciai^:s o-liabilities to third parties arising out of the abandonment,ccrversion,concealment or unaiuthorizec save e"he equipment by C.istomor,or its agents or employees or for the cort:scaron of the equipment by arp goveri-irr l authority,because of illegal or improper use.Customer shall addiConally hold Runyon harmless for all Ions liabi ity and expense in etcess of the limits of liability provided for herein as a ,esu1 of irI Goad'or properly,darnage ansirg out of C,istomet's use of the equipment. Neither Customer nor any Other user Of the equipmert shall be deemed the agent.servant or employee of Runyon for any reiso.^.or any purpose. During the tern,:of this Agreement.Customer assornes'ull responsibility`nr the equipment to the public and any regulatory body having jurisdiction. 26.DeliverylPtek Up.Delivery is made to closest coin rr ck can park.Extra charges will result in fie!rveries to upstairs,elevator use or any point where extra time Is:rvo,ved.Our service does not include set up and Knott.down of tables and chairs It this servile is required,arrangements srould be made several days prior in de:ivory with a special charge quoted.If qo arrangements are made and this service is acs aes on delivery our diver musi rail for aumorization It time permits,nie will v to accoinrnadata you after quoting fie pride.Or pick up where no prier arrangements rave beer made and rental items are not knecKed boyrt and riser*bleu i r one sheltered area;:antes anti chair,wi,:be left iritil t'iie next day when a spec:ai cre:v can be schedulad There veill be a,,add fional one day rental.A Knock down fee,vi!'result it rental iter`s are still up. 27.Wiiver of Jury Trial.Each Barr;w::.vas«r,et to airy',:a'Of acv c:a:m or cause or acton based or,or arse:^out of i s agreemert or'it-,,i, :eci Matta he e�f.11,s wa:e'oera:r> r; {ir rotes:ha:m-.y r-la;'::;'h=S,:!)e"*nra: i C',t ,r., :,-r,• ,r :rr 'r+ - �'h nn.. .ie;-,, ^i drr iai^-k-w'=.7t es L9�; nluair a.?r ,. ,tat .mire^/ ,breach o .urn.and all other comp or lac and stalctory,claims ann will rof be subje any excFp?rns Ea, party Al iAr unuersfands N at th s n a w:a?'cf i .air.. s J , neishe;a ha;h.ao e reasocadie oppont,r:y to oiscuss this waiver ana its effects with legal counsel.Accordingly,each party kro:vingly,vOlunzudy irrevocably anc u,nc:lnarf:onaily waives its gjfy n-a rr:nt;. 28.Tickets,Fines and Penalties.You agree to fury and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls.court costs,attorneys'fees and other charges assessed during the Teini in conrectior with the use,par,rno,sicrage,and: or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety cha its,all tie downs;pins and ights in a safe and secure condition while in that,,possession.Customer agrees not to tow any trailer rented fro••:LESSORIDEALFR at in a careless or ne;agent manner,(b)at excessive speed or(c)while under the influence of medication;alcohol.or illicit drugs. 30,Headings,The readings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are a>sO a°verneN by tie pa".->Ec.pn e^t P;rchase Agreement. It the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Rrchase A4reemen'pcevai' AS-IS-NO WARRANTY:"HE "tiARRAN`Y iS'HE SOLE AND EXCL:;S':VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,iNC_UD:NG.WITHOUT 00179r10%,=HE:MPL:ED VJARRAN-IES 0:"h,"FRCHA`:TABJF Y AND FITx,ESS FOH A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL.INC OR AFFrLIATED COMPANIES Wir L NOT BE LIABLE OR RESPONSIBLE PO,ANY SPECIAL.iINCIDENTAL CR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OH vHiS EQUIPMENT TO CUSTOMER R`._GARDL=SS OF NtHf_"HER Si CH DAMAGES ARISE JNDERTH DRIES OFT E LAV1`CF CO'1:74+C`S OP TGRT RETURN POLICY FOR PURCHASED ITEMS:The custo^'ar:r Peo:e'or al;shipping costs when net rr,.ir.g or exchanging an item to Runyor,uriess the product`as been damage;.Jur;n,i sa:pp i,,.g,This eolicv a'ro a;,;ues io harranty returns As stated In ire f!,,n:or:Reiurr Pole'whc custome,s return an item or items for credit,a 251,-,1 restocking fee wit!be charged to your account,plus all app'icaole inbound and outbound fie urn-r is pobcy a.s2 app:,es to si1'pmcn'5 i etLseJ arc ret imed All canceilat:o::>of itricc grids are s i;e.t I;,a 25°:(of foal nvori.1,c,order;canee'ialion fee en in stock tams horn Runyor locations ONLi.Return shipo.r.q of r•)f-product s not ref r..dabl s A!part,pirchases nun re`uraab:e Ary shipment eceived in coridilors o:h:r Thar!,;ar.c:::.,,cull ce:rrarged 50';�restocking fee stifle total amour'.All returns must be prope4y boxed before they are returned It's the customers respcca-bi'ty'c re tort any damage_+shortages within 48 hours of reeeJirg:rte crod.ict=unyon art r of scsepi claims 48 mu•s after delivery.Runyon will not accept r tyros without author:zatio^.Upon issuing a Merchari Return Authorization(MRAI.run•rrr.will:rst,uot^Us°:,Ors as is the best r ea,s of et rn rig r^erehana se.R::,vil's f•IriA r:•:tali,,,'for 30 devs o'ier is;uarce,h,'RF,>are not valid after t e 30 dav'irne limit expires.Runyon wdl absolutely not,under any citcimstan;,es,:sue n!:lARA for•et,n>on.ilec r t ilarraged prof cis Ar,,r ynl re:aiea damede m.::-'or-rcteo o-, ;e sicesd B:'ot Lad:a:u Ai 'HE TINE OF DELIVERY The p;r,^rase ri:o2 at time of sale Is final REPRESENTATIONS AND WARRANTIES: air rear.==.aeras oIlu warraris that:(aj Setui has all necesssry::ght,pokier and autr;onty to erte,into and perform t:ti t=ansact:a s reference-,herein (bj Seiler has good ane marketabe title to t"e Ec,o^e^.t:2rc(c)cr:he-ana'ee Dc S l:er'mil crnvey Lie sate to Buyer(save only for the purchase rho fey lien,if any,to be reiainea by Seller would Seiler at its sore opho,,elect's finance all or any portion of line Purchase Price).Boyer epr sorts ana areniI ris t-ai.;:I Buyer las all t ecsssary righs,:%Imer and autnon'y to enter into arid perforr the transactors referenced herein:(ii)Buyer has seleca J and care`ully irspci t,d and c,amined the Er-up-en!an,"ounO the same to be arlra:,e t;r3,iver in at respOC:s based;n;,ritena esia.".:slog snie y by Buyer and not based or,any recornmenJaiion by Seller;and(iii)Buyer has received,cartiuqy fev,ewen and is satisf ea t::'h.all available Ira:r;r.y,insrri worts,Operating and ..se:mania;-,nu a'ar nfcin,tion urt:;! ding a''gaining ieq:iled under applicable OSHA andior ANSI Standards.if aryl regarding the proper and safe transpataliur,use,ma:rr,enanca re;;air anon st^,rage o`it-,,,Equipment. In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive ifs right,or any right it might have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of A`�A property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or EQUIPMENT REN71�1 other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance 410 W,Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and LARMEL•F1SNER50 44WA 4PPOUS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment to Renter in substantially good condition as when received,natural wear and tear excepted. 317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney fees,court costs and interest of one and one he#It 1/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied "Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm RENTED TO JOB LOCATION TICKET # CARMEL WATER DISTRIBUTION # 161 HONDA PRIMER BUBBLES 3450 W. 131ST STREET Con# 235402 CARMEL IN 46074 Loc 100 -SSN. - . PHONE. DATE_._._ .. ...,.....TIME_:-. w, W (317) 733-2855 OUT 07/06/12 3: 14 PM MS C (317) 733-2840 ID#3 PO/JOB # RECEIVED BY CALLAHAN, STEVE 07/06/12 3:28 PM ***FINAL*** Page: 1 QTY ITEM# EXT AMT NET ,AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 1 00024 PRIMER BUBBLE 16032-ZM3-004 2.28 2.28 1 00024' PRIMER BUBBLE `: , . 2.28 2.28 1 00024 PRIMER BUBBLE " �V " 2.28 2.28 1 1 y'4 y�. • d�1;yj rr, IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00 Customer is liable for all damages&repairs that result from alternative fuel. I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 6•84 FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0.00 BY RUNYON EQUIPMENT RENTAL. X SIC NXI;i,i' THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES. TAX O•O 0 ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.0 0 RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGESTO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 6.84 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR LABOR RATE CHARGED AT S85 AN HOUR. EQUIPMENT '.'-•b€hey :Az(;a ;; CELL AMT BILLED 6.84 LEASED BY X 1 f V Fgi'' PHONE EQUIPMENT t`,z"' t•Y`• "' 09-JUL-12 09:03: 12 RETURNED BY X =:°� I_' RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE YOU ARE RESPONSIBLE FOR FOR TIME OU FUEL AND ELECTRIC CURRENT. Equipment is clean and full of fuel please return as such or additional charges ALL NO ADJUSTMENTS OR CREDITS will be made on equipment Will apply. X i•,. :`tip malfunctions unless Runyon Equ►pment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1.1nspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use Customer further acknowledges its duty to Inspect the equipment prior to use and notify Runyon Equipment Rectal Inc(hereinafter"Runyon")of any defects. 2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,DR THAT IT IS FREE FROM DEFECTS. 3.Indemnification. Customer agrees to assume the risks of,and r:old Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and,of arising out of Runyon's negiicence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims.actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(i)rei:te to injury or to destruction of property.or bodr'y injury.I.Iness sickness,disease or death of any person(including employees of Customer),and(2)are caused by.or claimed 10 be caused,in whole or in part,by the equipment:eased herein:or by the liabilnv or conduct(including active,passive.primary or secondary)of Custome,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at Its own:cost or expense,defend Runyor,aga nst all suits or proceedings commenced oy anyone n w1;ch Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of true equipment,or any alleged act or omission by Runyon,and Customer shat be hab e and responsibe for ail costs,expenses and attome;i s tees incurred in such defense and/or seftiemert,fudgment or all resolution. in the event!hat such action is commenced naming Runyon as a parry.Runyon may elect to defend said actert or its own behalf and Customer agrees that it hall be scale for at costs,expenses and attorneys fees incurred by Runyon;n such defense. 4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of tiine. Rental rates for equipment are based on usage during this eight(81 hour stiff:. If Customer runs the equipment for over S hours in one day.Customer.✓i9 be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge. 5.Future Rentals Customer acknowledges that the terms of th s Agreement will be deemed to apply to all Equipment Customer nay rent or purchase from Runyor.,whether on the date of this Agreement or at any time in the future(except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6.Prohibited Uses. Use of the equipment.ti the following circurns'.ances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or It an illegal manner.(b)Use when the equipment is in bad repair or is unsafe,(c) Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission,(e)Use at any location other than the address furnished Runyon without Runyon's written permission. 7.Fuel and Oil Levels.All equ:prtert is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply,Also,use of alternative fuels(Biodlasel.E85,etc.;in Runyon equipment is pronbted.Customer is !:able for all damages and repairs that rosul:from alternative fi;ei. Runyon checks the oil level in the equipment when:t is rented to Customer, Maintenance of proper oil lever in the equipment is solely the responsibility of Customer. 8.Repossession.Upon a failure to pay rent or other preach of th s contract,Dea!er may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be Gable for any claims for damage or trespass arising out of tae removal of the goods. 9.Tfres. Customers totally responsible for all tire repair. t is Customer's option to check over the tires before the equipment leaves and notify Runvor of any irequiaities spotted. 10.Insurance. Runyon's insurance does rot cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves a.myon's property and unt:it has been returned to Runvoris p,ocerty are payment nas screen received.EQUIPMENT MAY ONLY BE R"ITUPNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NOfiMAL BUSINESS HOURS R,-NIA:NS-HE CUS70MERs RESPONSIBILITY 11.Cleaning Charges. Equipment is to be returned to Runyon as clean as whey it left A c'iarge of sixty-five dollars(565.00)per hour will be charged for cleanup 12.Assignments,Subleases and Loans of Equipment.Runvon may assign its rights unoe:this Agreement without Customer's consent,but will remain bound by a!obligations here n.Cap'umer may not sublease or son me e;uipme^t without Runyon s written permission.Any purported assignment by Customer is void 13.Time of Return. Customers rgnt to nossessmn terminates on the expiration of tyre rental period r'Due!n"date 8 time)and retention of possession after this time constitutes a material breach of this Agreement.Timc i�of the esser.cr in th..hs kq:cemerA Ant exte*islM must ue ru orlIly agreed upon:r writing. 14,Late Return.Title to equipment is and shalt at a l times remain with Runyon.Failure to return the equipment by the"Due in"date will subject Customer to a charge or conversion;then;. 15.Time of Payment.Accounts are due and payable at the terminal on of the rental period. 16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages mgether with reasonable attorney's fees.court costs and nterest of one and one half(i'.%j percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that:f legal action is brought to enforce this agreement,that Hamilton County.Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time. 17.Waives.Any failure by either party to enforce any provision of this Agreement sha!I not constitute a waiver of such provision or prejudice the right of either party to enforce such provision lhereafter. 18,Damage Waiver.In consideration or trie payment of additional rent classified as"darrage waives by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of file rental property,normal damage:o be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the propei:y as a result of the negligence of Customer or in the case of abusive damage•theft or other gross negligence of Customer,This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of rile equipment exceeding its rated capacity,of damage to tires,tubes and wheels caused by blowout.bruises,cuts,punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance policy ov an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra, 19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear while the goods are out of Ranvon's possession.Equpment iosi.stolen or damaged beyond repair wii;be paid`or at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be home by Customer,whether performed by Runyon,or,at Runyon's option,oy others.at a charge of sixty-five dollars($65.00)per hour plus par fs. 20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon el employees assist in leading or unloading the equipment,Customer ag-ees to assume the fish of and hold Pinyon and/or its employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon. 22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon. 23.Fees.Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines required by or resulting from the Customer's use or operation or the equ!cmer:t. 24.Charges. Customer shall pay all charges required under this Agreement upon gernand Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that tev✓er days and/or miles are actually used. 25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage of in transit.or for any property left or stored r.the equipment,or elsewhere in the repting vocation,Customer agrees nett to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agents and employees harmless from and aga nsi any and all lo:;ses,liabilities,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not hrrited to any and all fines,penalties and forfeitures imposer;by any governmental entity and.to inn extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer or its agents or amoloitees offer the confiscation of ine equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for here:n as a esua of Injury,death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall oe deemed the agent.servant or employes of Runyon for anv reason or any purpose. During the term of this Agreement,Customer assumes`full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26.Delivery/Pick Up.Delivery;s made to closest point buck can park Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does net Include set up and'Knock down effaces and chairs. If this service is required,arrangements should be made several days prior to de"very with a special charge quoted,If no arrangements are made and this service is desired on delivery,rnir driver must call for ahsinotizaron.If time permits,we will try to accommodate you after quoting the pries Or pick up where no prior arrangements have been made and rental Items are not knocked down and assembled in one sheltered area,taeles and chairs sv:i be left until the next day when a special crew can be scheduled There will be an addaonal one day rental A knock down fee will result if renta!items are still up, 27.Waiver of Jury Trial.Each party wanes its rent to a;,ry trial of any claim or cause of action based on or arising out of this agreement or the sub:ect matter hereof This waiver pertairs tc eii disjpuies that rnav r^late r the sub ect matter rerw)fl. r•du,mr .vitt,aut i,Q,rabor,ceriraa ,rt breach of d:,ty,and all other common lase and statutory claims.and will not be subject to any ex:epnons.Eacn party,(Al uvxbxslanm tiat this is a.va ver ul r:pc•tan,!ega:i.w,is aed 0 ackrovvieages rha: oeishe:it nas had a teascrabie oppoiInn ty to dscuss this waiver ano its of ects:nth legal eounsel..Accordingly,each parry knowingly,voluntarily irrevocably and unconditionally waives its i,ry:tat rights, 28.Tickets.Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets.traffic tickets,tolls,court costs,attot neys'fees and other charges assessed during the Term in connection with fie use,parking,storage,and, or possession of the Equipment regardless of the identity of the driver of any vehicle You rent from Us. 29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession,Customer agrees not to tow any trailer rented from LESSOR,/DEALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs 30.Headings.The headings used herein:are solely for oonvenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the,ar!es'Equ'pment Purchase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent•their the terms from the Equipment Purchase Agreement prevail. AS-iS-NO WARRANTY:THE WARRANT.Y IS THE SOLE AND EXCLUSIVE WARRANTY APPLiCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,;NC_UDiNG.WITHOUT LIMITATION,THE IMPLIED WARRANTIES 0;:MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL iNC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OP THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE ul THEORIES OFTHE LAW OF CONTRACTS OR TORT RETURN POLICY FOR PURCHASED ITEMS:The rustnmer i ab:e for al!shipping costs when returning or exchanging air,item to Runyon,unless the product has been damaged during stn pr.,g,T":s colic,•aiso app;ies:^,warranty returns,As stated in the Runyon"Return Pciicy.'•.vhrn custor-'ers return an item or items for credit,a 2,,,' fee will be charged to your account.plus all applicable inbound and outbound frav)t.I his polio,as-,apples to shipments refused and re'umleg All cart ellat ors of whole goods are suh1c,to a 259,'of total,nno;ced order)cancellation fee on in stock i'ems from Runyon Iccations ONLY.Return shipping of the products not refurdedit.Al parts purchases are non refundable.Any shipment received in conditions other than niario nasv sail!be cnarcied 51'b restocking fee of the total amount.All returns"lust be property boxed before they are returned.Its the customer's respons:br:;ty td report any darnag.s s,nor;a,, within dl3 hours of receiving the product Runyon vnC not accept claims 48 hours after delivery Runyon will not accept returns wimour authorization.Upon issuing a Merchandise Return Authorization(MRA) Runyon:vill instruct customers as to the pest means of reu rn,og rnerehard se Runyon's MRA's are valid for 30 days atte-issuance.MRAs are not valid after the 30 day firm limit expires.Runyon will absolutely not,under any circumstarces,iss-1e an IORA'or returns on used or damaged products.Any eight re'atec rtamage roust pe rotted:n the signed 5;;cif Lading ATTHE T!k•1E OF DELIVERY The purchase price at time cif safe is final. REPRESENTATIONS AND WARRANTIES Sei or represents and warraris that(a)Serer has all necessary right,parer and authority to enter into and perform the Lansactiors referenced h,roi r:(b)Seller he-,,good and marketaGe title to the _Qu:pmer.I anti{c)on the T ens er Data•S i:er will convey the same to Buver(save only`or the purchase money ben,if any,to be retained by Seller snouid Seller,at its sore option,elect to finance all of any portion of the Purchase Price)Buyer es and warrants t^at:,,i Buyer has all necessary right;r.4+ter and authority to enter into and perform the transactions referenced herein:(ii)Buyer has selectee and carewily inspected and exammEd the Equipment ano`ound the same to be to Buver ih a,respect oases-,i criteria e!ab:shect solely by 6uver and not based on any recommendation by Seller;and(in)Buyer has received,carefully reviewed ano is satisfied with.all available training,insiruct;ons,operating ano e mama v s,ine other rd:r^aticn tric!acing al'training req,we:i under apptcabie OSHA and?cr ANSI Standards;if aryl regarding the proper and safe transportation,use,maintenance.repair ano storage of the Equipment. VOUCHER # 121794 WARRANT # ALLOWED 354867 IN SUM OF $ RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 238252 01-6200-06 r $31.58 3546Z 11 Sq 2 !)F DC? Voucher Total 5 c�o� 8 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W CARMEL DRIVE Terms CARMEL, IN 46032 Due Date 8/6/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/6/2012 238252 $31.58 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 Date Officer