212289 08/28/2012 CITY OF CARMEL, INDIANA VENDOR: 00351502 Page 1 of 1
ONE CIVIC SQUARE MACALLISTER MACHINERY
CHECK AMOUNT: $1,981.38
,•. a CARMEL, INDIANA 46032 P.O.BOX 660200
INDIANAPOLIS IN 46266-0200 CHECK NUMBER: 212289
CHECK DATE: 8/28/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 IN12-2615 707 . 96 TRANSPORTATION EXPENS
2201 4237000 PT040227706 637 .43 REPAIR PARTS
2201 4237000 PT040227765 59 .35 REPAIR PARTS
2201 4237000 PT040227766 576 . 64 REPAIR PARTS
Engine Power
MacAllister 7575 E. 30th Street
PO Box 1941
Indianapolis, IN 46206
Ph: (317) 860-4401
Please Remit All Payments to:
MacAllister Machinery Co. Inc.
PO Box 660200 Invoice Number PT040227706
Indianapolis, IN 46266-0200
1174600
CITY OF CARMEL
STREET DEPT
3400 W 131ST ST
WESTFIELD IN 46074
...Irnioice Date Puchase Order Ntunber Doc. Date... Ship Via Page
_._.. .. ....:..... ........ . ... ..... .-
06AUG2012 ED 06AUG2012 WILL CALL 1
Equipment Number:;', Make Model Serial Number Meter Reacting,; Machine'.
Quantity Number N/R Description Unit Price Extended Price
PACKING SLIP NUMBER: 04C296327
PARTS SALES PERSON: JAMES E. BARLOW
19 1R-0739 *FILTER AS S 11.87 225.53
24 1R-0751 *FILTER AS S 16.89 405.36
2 214-7568 *SEAL-0 RING S 3.27 6.54
TOTAL PARTS 637.43 T
TAX EXEMPTION LICENSE 0031201550020
NET 30 DUE 30 DAYS FROM INV DA
MacAllister Machinery's service labor is warranted to the customer for a period of 180 days from the date of work,to include defects in workmanship performed by MacAllister Machinery
employees.This warranty would include the replacement of parts and labor,damaged by that defect in workmanship.
Any failures caused by defect of parts,whether replaced new at the time of our work,or re-used,will be covered by the original manufacturer's warranties,if any.
Goods cannot be returned without our permission and are subject to restocking charge.All items marked with an asterisk(')have been declared non-refundable by the manufacturer and
are not acceptable for credit.
Items not shown are backordered.
Claims for shortages must be made within 5 days.
TERMS: 1.5%PER MONTH(18%)PER ANNUM)WILL BE CHARGED ON INVOICE PAST DUE Please Pay $637.43
THIRTY(30)DAYS. This Amount
INV-PS 1
CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310
Engine Power
MacAllister ' 7575 E. 30th Street
PO Box 1941
Indianapolis, IN 46206
Ph: (317) 860-4401
Please Remit All Payments to:
MacAllister Machinery Co. Inc.
PO Box 660200 Invoice Number PT040227765
Indianapolis, IN 46266-0200
1174600
• CITY OF CARMEL
STREET DEPT
3400 W 131ST ST
WESTFIELD IN 46074
Iirvoice Date Pi>chase Order Number Doc ::Date Ship Via Page
07AUG2012 ED 06AUG2012 WILL CALL 1
Equipment Number.': Make Model Serial Number Meter Reading' Macnine`:..
F. ...
Quantity Part :Ntunber N/R Description Unit Price Extended Price
PACKING SLIP NUMBER: 04C296327A
PARTS SALES PERSON: JAMES E. BARLOW
5 1R-0739 *FILTER AS S 11.87 59.35
TOTAL PARTS 59.35 T
TAX EXEMPTION LICENSE 0031201550020
NET 30 DUE 30 DAYS FROM INV DA
MacAllister Machinery's service labor is warranted to the customer for a period of 180 days from the date of work,to include defects in workmanship performed by MacAllister Machinery
employees.This warranty would include the replacement of parts and labor,damaged by that defect in workmanship.
Any failures caused by defect of parts,whether replaced new at the time of our work,or re-used,will be covered by the original manufacturer's warranties,if any.
Goods cannot be returned without our permission and are subject to restocking charge.All items marked with an asterisk I-)have been declared non-refundable by the manufacturer and
are not acceptable for credit.
Items not shown are backordered.
Claims for shortages must be made within 5 days.
TERMS: 1.5%PER MONTH(18%)PER ANNUM)WILL BE CHARGED ON INVOICE PAST DUE Please Pay $59.35
THIRTY(30)DAYS. This Amount
' -Ps 1
CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310
MacAllister Engine Power
� 7575 E. 30th Street
PO Box 1941
Indianapolis, IN 46206
Ph: (317)860-4401
Please Remit All Payments to:
MacAllister Machinery Co. Inc.
PO Box 660200 Invoice Number PT040227766
Indianapolis, IN 46266-0200
1174600
• CITY OF CARMEL
STREET DEPT
3400 W 131ST ST
WESTFIELD IN 46074
rvvice>Date Pte
h _. Older Ntnnber Doc. Date . Ship via Page
._._, _u bas...
07AUG2012 ED 06AUG2012 WILL CALL 1
Equipment Number 'Make ;: Model Serial Number Meter -Reading' Mac hlne'ID -
.......................................
Quantity Part;Nlunber N/R Description Unit Price Extended Price
PACKING SLIP NUMBER: 04C296327B
PARTS SALES PERSON: JAMES E. BARLOW
1 231.8798 *SEPARATOR GP N 576.64 576.64
TOTAL PARTS 576.64 T
TAX EXEMPTION LICENSE 0031201550020
NET 30 DUE 30 DAYS FROM INV DA
MacAllister Machinery's service labor is warranted to the customer for a period of 180 days from the date of work,to include defects in workmanship performed by MacAllister Machinery
employees.This warranty would include the replacement of parts and labor,damaged by that defect in workmanship.
Any failures caused by defect of parts,whether replaced new at the time of our work,or re-used,will be covered by the original manufacturer's warranties,if any.
Goods cannot be returned without our permission and are subject to restocking charge.All items marked with an asterisk(')have been declared non-refundable by the manufacturer and
are not acceptable for credit.
Items not shown are backordered.
Claims for shortages must be made within 5 days.
TERMS: 1.5%PER MONTH(18%)PER ANNUM)WILL BE CHARGED ON INVOICE PAST DUE Please Pay $576.64
THIRTY(30)DAYS. This Amount
INV-PS 1
CORPORATE OFFICE: 7515 E. 30th Street, PO Box 1941, Indianapolis, IN 46206 * Ph: (317) 545-2151 * Fax: (317) 860-3310
Prescribed by Slate 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))
08/06/12 PT040227706 $637.43
08/06/12 PT040227765 $59.35
08/07/12 PT040227766 $576.64
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
VOUCHER NO. WARRANT NO.
ALLOWED 20
MacAllister Machinery Co. Inc.
IN SUM OF $
P. O. Box 660200
Indianapolis, IN 46266-0200
$1,273.42
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 PT040227706 42-370.00 $637.43 1 hereby certify that the attached invoice(s), or
2201 PT040227765 42-370.00 $59.35 bill(s) is (are)true and correct and that the
2201 PT040227766 42-370.00 $576.64
materials or services itemized thereon for
which charge is made were ordered and
received except
Thur day, ust 23, 2012
y✓���' `"f'Street Commisso r
A
Titl
Street Con ,gssioner
Cost distribution ledger classification if
claim paid motor vehicle highway fund
MacAllister 1 E
Rental
Contract No. 710728-001
MacAllister Rental
Invoice No. R6071072801 Page 1
INDIANAPOLIS RENTAL
6870 WEST WASHINGTON ST
INDIANAPOLIS, IN 46241 WORK ORDER INVOICE
317-244-7368 Date 24JUL2012
1175490 19JUL2012 24JUL2012
CITY OF CARMEL
WATER & WASTE WATER UTILITIES Wv1iP 513163
760 3RD AVE SW
CARMEL, IN 46032 WWFP HAZELDALE JEFF COOPER
Model S_e.r_ial # Des_cription___
TBG27P CAT TH3306 CAB TBG00'271 8000# EXTENDABLE RE
WORK PERFORMED :
HR METER 776. 3/CUSTOMER MACHINE : SERVICE CALL TO CUSTOMER ' S MACHINE
FOR A DRIVE PROBLEM. FOUND MACHINE HAD NO 3RD OR 4TH GEAR . DIAGNOSED A BAD
SHIFT RAIL SENSOR ON TRANSMISSION . WENT AND GOT PART AND WENT BACK AND
I'NSTALL.ED IT: CH'E'CKED ALL 0P.S , ALL WORKING 'CORRECTLY
.PARTS:: .
Qty B/0 Part Number Bin Loc Description U Price Extended
1 CAT2148970 SENSOR , SHIFT RAIL ( EA 89 . 960 89 . 96
LABOR:
Mechanic Hours Wbrk Rate : Extended
PAT O' BRIEN 6 .00 M!IS CEL.LANE0US 103 . 00 618. 00
. . .... . . .......
Total Parts & Materials 89.96
Total Labor 618.00
Total Amount 707.96
Net 10 days unless otherwise specified.A service charge will be applied to all past due accounts.This agreement shall include the above terms and conditions as
well as those set forth on the reverse hereof.
WYNNW°B(D-201 1' Please Remit All Payments to: MacAllister Machinery Co. Inc., PO Box 660200,Indianapolis, IN 46266-0200
MASTER RENTAL AGREEMENT TERMS AND PROVISIONS
L MacAllister hereby agrees to]case to the named Lessee,it,,; ing all lessees jointly and Severally.;and Lessee hereby leases front MacAllister,under and subject to the tems and provisions hereof until the end of the tern specified(Tern,)
the personal property described as"Equipment'reined together with all present and future attachments.replacement parts,repairs.and additions and all proceeds thereof.
_. It is understood lu,I—en the parties that MacAllister is not the manufacturer of the equipment herein rented, or the agent of the manufacturer of said equipment and that no warranty against patent or latent defects in
n tterml,wnrkmarohip.or capacity is given.nor that said equipment will meet the requirements of anv law,rules,specifications or contracts which provide for specific machinery or apparatus or special methods,other than that
of Ihc original manufacturer of said equipment and as set forth in the manufacturer's catalog and representations wherein said machinery and equipment is listed and described.No representation or warranty is made as to the
year of manufacture of any equip u,ni. MACALLISTER HEREBY DISCLAIMS ANY AND ALL N\'ARRANTY.IMPLIED OR EXPRESSED,OF MERCHANTABILITY OR FI'T'NESS FOR A PARTICULAR PURPOSE.
3. MacAl lister shall use reasonable care to sec that the equipment is in proper waking condition before shipment to lessee. AMacAllister swill not operate or rest the equipment unless such operation or test is deemed necessary by MacAllister
or unless Lessee shall request such oper(tion or test in writing,in which event the Lessee will be notified of the time and place of such opcmtion and test.and shall be permitted to be present during said operation and test. If having requested
it,Lessee lails to be present at the time of opcmtion and test.Lessee agrees thin said equipollent as turned out is in proper operating condition.
4. The Lessee agree•,to maintain the machinery and equipment in the same condition as when delivered to it by MacAllister.less nomad wear and tear,and to pay all claims and damages to the equipment during the life of this contract.and to
roan said property in as good condition as sybell received by MacAllister.and to pay height demurrage storage,switching,drayage trackage.or other charges against said equipment from the time the.same shall leave MacAllister up to and
including(hc time of its yet rn to MacAllister. MacAllister reserves the right to charge Lessee for excessive undercarriage wear and tear.
s. For rubber tired equipment.Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or rcplaa•mem prith an allowance for reasonable depreciation)of any tires returned to
MacAllister in a damaged condition regardless of the cause of dlantace. Reasonable wear and tear is expected,however.it is agreed rabbet abra,ion,feoues,tears,cuts.grooving.and removal of robber in pieces)or damage to castings is not
r ,'onahle wear and tear.
6. The receipt and acceptance by Lessee of said equipment will constitute acknowledgement that said property has been accepted and found in 20011.safe and seryic,able condition,and tit lot use.unless Lessee makes claim to the contrary to
MacAlliser by registered mail with return receipt demanded.addressed to MacAllister's home office within Three clays alley receipt of said equipment. The complaint shall set forth specifically and in detail the complete nature and condition
of iho pmpcn•rcceiv,dl.
i. Should ally of the machinery,equipment.or appurtenances be received by Lessee flour any dragoon,rai Ironed company or any other carrier transporting sane in a damaged condition,or with any of the machinery.equipment,parts or
appurtenances mis,i,iL.it shall be the duty of Lessee to obtain from said draynwn.railroad company or Oliver carrier a written acknowledecnetn of the damage or shortage. The failure on[he part of Lessee to obtain such statement or
acknowledgement upon its receipt and acceptance of said machinery.equipment.parts ou(f appurtenances shall be treated as an acceptance of said machinery,equipntcnt,parts anti appurtenances in good,safe.serviceable condition and fit for
use. Any damage or loss which has occurred and is nei covered by a written acknowledgement or statement as alihnsaid_or which occurs alter acceptance of said property.shall be repaired and replaced at the expense of Lessee If the
machinery.eyuipnhent,pans or appurtenance are danwg,d or lost in transportation and the Lessee furnishes to MacAllister a written detailed acknowledgement and.statement from the carrier setting forth the character of damage and loss,
.MacAllister agrees to use reasonable diligence in having said damage repaired amt loss replaced within a reasonable time.but the equipntcnt shall be deemed to have been delivered on the date of acceptance thereof front the carrier.
8. In the c,,,nl of notice to MacAllister by Lessee that the equipment is not in good,safe and sen•weibde condition and fit for use upon its arrival,MacAllister shall hay,the right to put said equipmem in good,safe and serviceable condition
and fu Tor use,within it reasonable lime,or cancel this rental.
9. MacAllister,hall not be liable in aury event to the Lessee for anv loss.delay.or d....age of any kind c f character resulting from defects in or deficiency of the equipment hereby rented or accidental breakage thereof.
10- Levee shall numedimedv ootifF MacAllister ofanv accident invoh'ing the eyuipment. (MacAllister only repair said machinery for the Lessee using reasonable diligence to make said repairs upon demnand. In Ihc event any work is done
outside of MacAllister's regular hours,by reason of which:MacAllister shall be required to pay double time in other overtime charges to it,employees.or to anyone doing the work for Lessee,all such charges will be paid by Lessee to
MacAllister. In the event of accident nr breakage of any part of the equipment.and upon receiving wtitten approval from MacAllister.Lessee may have the sane repainedd by any competent person,firth or corporation at its own expense or,
upon notice to Mac.Allkt,,as to such brcakaee or accident.
I I_ In file event Lessee accepts Ihc machinery and equipment.as herein provided.and thereafter the said nhachinery proves defective ur unfit for use,or if for any reason Lessee desire"to discontinue the use of said machinery or equipmrnt.
Ili,only named,of Lessee,hall be in return the machinav to MacAllister and terminate this contract a,herein elsewhere provided.by paying all rental charges and other charges herein provided for.
11 Lessee agrees to put any and all charge,for work or inspection by any labor union.MacAllister nmy.at its option,refuse to do any repair work on the equipment in time of strike,or any cause bevond its control,or in violation of any ode
affecting(he equipment. Aia,Alli't"reserve,the right to remove the equipment font the job at anv tin"when,in its opinion.the equipmem is in danger because of strike.hvsr.civil disobedience.or any other condition which MacAllister
dcicrn.ines nrav d—awn the quip I,
13. Lessee a_"",to comply with and confomh to all oultilipal.State and federal]aw_c relating n the operation of said machine,and to pay all costs and expen,es of every character occasioned or involving the use or operation of the
machinery or cyuipmenl,and Io pay all legal assessments.taxes or public charges which may be levied upon said equipment while in the possession of the Lessee.
14. Lessee aerces to pay MacAllister for all loss and damages occasioned by lire,theft,flood,accident,explosion,wreck,and act of God or any other causes that may occur during the life of this rental,and until such machinery has been
uned
ret to the possession of MacAllister and accepted by it. For the purpose of finding the valuation of said property in order to determine the loss,damage or injury(hereto-it is agreed by the panics hereto that die Value as herein before
stated shall be a true and fast,clue famine a basis Jul such adjustment. When equipment leased is deemed to be it total loss,Lessee agrees to pay MacAllister the manuficturer•s suggested price of the equipment. In making such adjustment
it is understood that no rentals theretofore paid or due apply to the payment of such loss,and it is further understood that MacAllister shall solely make the detenninution of whether the equipment is a loud loss:
I i, Lessee further afire,to hold harmless and indlemnifv MacAllister from and against any ancd all loss.damage.expense,claim and/or penally arising from any action on account of any injury to person or property of anv character whatsoever
occasioned by the operation,handling or transportation of any of the equipollent during the rental period,and agrees to indienmify MacAllister from and against any and all such claims regardless of whether such loss was caused in pan by the
act.Omission or negligence of MacAllister
16, Lessee lather agree,to insure all equipment rented from MacAllister with full insurance coverage as required herein.insuring the equipment against loss or damage arising from any cause whatsoever,including but not limited to
earthquake.flood or mudslide MacAllister will provide Lessee at the—runencennent of tile tern of this Lease,and which shall be incorporated herein ba reference,a separate document entitled"Equipment Rental Insurance Requirements'
detailing the ne—san coverage,and terms thereof.but which Icons,hall in least contain,but not by way of limitation,provision tor:I.)MacAllister as a'loss payee'and'additional insured'as applicable:2.)waiver of subrogation against
MacAllister and its insurers on all claims::J Lessees insurance,hall be primary and non contributory:and,4.)providing said insurance to coyer any and all damage arising from anv or all perils,including but not limited to damage
occasioned by fire,theft,flood,exl log ion,accident.Vandalism,electrocution. act Of God,or any other damage that may occur without limitation as to cause during the life of this rental. Lessee shall within one(1)day from the receipt of the
equipment provide to MacAllister proof Of insUrance relam e to the equipment from it carrier and in amounts acceptable to AacAllister. The proof'of insurance shall contain at least(1)it certificate of insurance(2)naming MacAllister as
additional insured and loss payee,(3)cleans'describing coverage for the equipment.and(4)disclosing the name address and phone number of the company providdine the coverage.
17. The title to the property herein retired and to all replacements thereof or substitution thereof is.and shall remain,with\Mac:Allisi,r,and Said machinery and equipment shall not become;t pan of any building by being placed therein or by
being annexed[hereto. Where the equipment is annexed to any property the Lessee shall furnish MacAllister with a landlord's release,which Shall permit MacAllister to remove the equipment from said property at any time during the life of
or of icy rspi'ation of this contact.
18_ The Lessee agrees.uVhenevei requested by MacAllister,to give MacAllister the exact location of all of the nwchinery and equipment covered by this contract and further aerces to give MacAllister immediate notice of any levy attempted
upon said equipment.or if said equipment from anv cause becomes liable to seizure.and to indemnify MacAllister against all loss aledl damages caused by any such action. MacAllister shall have the privilege at all limes of entering anyjob.
building or location where the abohr property is being used for the purpose of inspection and reset,es the privilege of removing said)machinery and equipment without notice if it is being overloaded or taxed beyond its capacity or in any
manner Ming abused or neelcctcd. Lessee warrants that it has the express permission of all land owner,upon whose land the equipment is used to so use the equipment. Lessee further wmrants that it will not move the equipment from one
Project m another without MacAllister',❑dyanc,approval.which notice of movement shall be in writing-
19.Phis agcenent cannot he assigned without the wtitten consent of MacAllister- The equipmem hereby rented shall not be sub-let without the written consent of MacAllister.
20. Should anv of the proyicion,of Avis rental be violated by Le„ee the rental fertile entire period herein specified shall become fonhhvith due and payable and MacAllister,or is agents.nary,without notice,enter the premise occupied by
Lessee without being a trespasser thereon.and take possession of and remove said equipment with or without process Of law. In the event of any action as hereinbefore set forth becomes necessary the Lessee agrees to pay,in addition to other
charges herein specified,all cots 01'removal o(saidl nmuchinery from the possession of iho Lessee and all li eight demurrage.storage,labor mother charge on or against said property incurred during the removal,hipping and return to the
possession Of MacAllister at its honor of five or equivalent prim designated by MacAlh acr.
'V LesceaurceS to pav MacAllister all sums cur hereunder when they become due.
'2. Lesscc sages that if anv of these provisions are breached and MacAllister demands Ihc return of the equipment this rental agr,enhent shall Constitute authority m the watchmen mother persons responsible for the equipment to deliver all
or any pan of the equipment to AacAllister or its agents.
a. In case anv mauler f,written or typed into Ili,printed contract other than such as is necessary to fill in blank,provided herein,such nutters shall be deemed an addition to the contract and it is specifically understood and agreed that such
added mutter is not in env manner whut,oever intended to idler the meaning or intention of the printed clauses of the contract and in case of conflict and inconsistency between the printed purions and the wriucn or typed addition,.Ihc primed
Portion,shall control any heruten Or Ivpcd clause in Conflict therewith and the laurr shall be treated a,void.
'4. Both MacAllister and Lessee agree that no modification,of this agnen.ent Shall be binding upon MacAllister unless such nhodiftcation,cancellation,addition thereto ur notation shall be in writing dulv signed by MacAllister and dud\
approved by an officer of MacAllister at the hour,office of MacAllister.
2�.This rental before becoming e11fecti,c nmu be approved by an Officer or other authorized rep e,canatiee of MacAllister.
26. MacAllkm map•execute,file and lien Lessee's name to it financing statement or file a financing,tatwnhenl signed only by MMacAllister covering equipment or goods delivered or to be delivered to Lessee under this agreement for
`information purposes”o-othenvise and also covering proceeds and future advances. Thi,agreement constitutes a reservation Of tide or Security Agreement with reference to such transactions.
27. This agreement and acceptance of thi,agreement is subject to corrections for arithmetic error,in computation.
28. MacAllister reserves the right to replace a rental unit with it like rental unit.
29. Lessee agree,to maintain the rented equipment per factory recommended lubrication and maintenance intervals and keep Scheduled oil sample records. MacAllister resents the right to ask for maintenance records for the rental period.
Should said nunintc•nance records not be available and factory recommended service maintenance is require(].MacAlliucr will perform the appropriate.service work at the Lessee's expense.
30. MacAlli,ler's rental machines will be full of fuel when they leave MacAllister's premises. Lessee agrees to return said rental equipment full of fuel or be charged with appropriate fuel backcharge.
31. RATES. Rates are based on one shift operation—8 hour/day.i day/week or 40 hourhycek.160 hour/4 week rental month. Unless quoted otherwise,hours used in excess of"one"shift(i.e.in excess of 8 hours per day or 40 hours per
tek or 160 hour,per month)will resell in an additional,hilt rue being charged,and hours used in excess of a two shift operation(i.c.greater than 16 hourskjay,80 hours/w"k or 320 hours/month)shall result in yet an additional one shift
rat,being eham_ed.
32. AL—n-ation Clause: I-he terns and conditions of this Master Rental:Aereement shall cover all cquipuenr machinery and appurnmances leased by Lessee Gore MacAllister both presently and in the future. It is the intent of MMacAlliser
and Lessee that this Master Rental Agreement shall be construed as.and shall be,the only rental agreement between the parties,carer though Lessee may hereafter execute additional Muster Rental Agreements. For instance.if Lessee leases
one piece of equipmem from MacAllister under till,agreement in Jarman',then another in May.both pieces of equipment Shall be construed as having been leased under one agreement:this Master Rental Agecme t.
Daln(oa l\'giver: Lesscc specifically acknowledge,that the payment of a fire.theft,or Vandalism damage hvaiver with respect to any equipment leased from MacAllister(does not satisfy Lessee's obligation to insure the equipment nor
absolve Lessee of danna2,to the equipment caused by the negligence or carelessness of Lesscc The danrae,waiver does not incur,(_sec,from damage to the equipment doused by Le_ssec,is agents.or others acting under Lessee's control or
operation of the equipment with Lessee's active or constmctive p,rn-ton.
34. Jurisdiction The parties agree that gnv disputes arising hereunder Shall be reolved in Ihc courts of Marion County.Indiana,and Lessee Specifically subjects itself to the jurisdiction thereof. Further.Lessee agrees that in the event
Ma,Allkwa is required to employee an attom,y for it,,purpose of enforcing the terns and conditions hereof,or with respect to the collection of any amount due hereunder.MacAllister shall be entitled to recover its attorneys fee,cost of
,oll"oon,and all Other reasonable expenses associated with such proceeding.
ACCIdCa(S: Without demmnd Le> shall notify Lessor immedialelh•(amt in anv cy,nl,within twenty-four(24)hours thereafter)of each accident involving any equipment covered by this Master Rental Agreement. Lessee shall include
such infornhation as is known,including,but not limited to the time.place,and nature of the accident or damage,the none,and addresses of panties involved in the accidenl(s).including hilt not limited to persons injured,witnesses,and
owns,of proper,damaged. Lessee,hall pmmpdy ad,I,,Lessor of all correspondence,papers.notices,or(toe I'ur,whatsoever,received by Lessee in connection with anv claim or demand involving or relating to any equipment or its
operation and.nagerhrr with Lessee's employees rid in the invcuiealion and drlcase ofall such claims and demands and in the recovary of damages lino third parties liable therefore.
36. Rental Picteciion flan: This paragraph i,in titre,provided Lessee a)accepts the"Rental protection['hail'through the props indication thereof on the lions of this contract,and pays in the time of equipment rental,or any extension of
said cyuipmenl rental.:nil additional sum equal to la parent of(hc gross equipment renud ch;uges:b)Lessee takes reasonable precautions to protect equipntcnt and does not intentionally damage said aluipment:c)Lessee does not cause any
I—or damage by negligence.including but not limited to n,gljgent use or operation of the equipment in a r,,khe„or abusive manner. A'otswithstandine the purchase of a Rental Protection flan.Lessee shall nonetheless remain liable for a)2s
percent of the manufacturer",list price not to exceed 531,000 fix stolen equipment and h)fit)percent of the cost of repairs of anv danhaged equipncmt. Nothing herein m the contrary,the tollowing risks are expressly assumed by Lessee as is
exclusive repoo-ibility: a)Danhages caused by use or operation of the equipment in a nuuuer inconsistent with the manufacturer's instructions,or contrary to this contract:b)Lois Or damage of accessory equipment such as welding leads.
electric cords,his,batteries,hoses.tines,tubes or harnesses,etc:c)Los,clue to operation of Ihc equipment by a penun other than an authorized operate per the contract or any dishonest act by Lessee or by person(s)entrusted by Lessee with
the equipmem.including Lessee's employees subcontractors or agent:dl Loss ofdanhage(tile to flood.stomp,earlhyuake or other external causes:e)Loss or dammge due to exceeding rated capacity,misuse abuse,negligence,or iuhprop,r
,en icing of equipment:I)Seizure or destruction of equipment by order of eoyemntental authority:s)All loss or damage caused by Vandalism.malicious mischief.disappearance,theft or wrongful conversion of equipment not reported by
Lessee pnnnpth•(.within 24 hours)to the police and I......by filing a formal written thefi.Vandfalismv or conversion report:h)All loss or damage to equipment resulting from nuclear reaction or radiation,or radioactive contamination from any
aher cause:1)Los,to damage a,it 1—th of the,liking of overheads objecrs with equipnne'nt:j)Los,or damage to equipment occurine during the loading,unloading or transportation by Lessee:k)Loss due to the equipment being upset or
rolling Deer.m)Loss or damage to equipment due to the expo'un,and contamination Gonh hazardou,material_ '['his rental protection plan will not be effective unless al the time of such loss or damage the Lessee's account with Lessor is
current. In 2n,event accrued rental charges cannrn he applied io'Mult Ihc purchase or the cost of repair of damaged,stolen or lost eyuipment. In the event of airy loss,damage or destruction to equipment,Lessor will be subrogated to any
nehl-of I_CSSec to 111011.aeainu anv person,film or corpoation Lessee"ill execute and deliver to Lesson whatever in;tmnhens and papers are required,and take all other necessary steps to secure in Lesso such rights. Lessee will
coop..in,tailv harsh Lc„or andlo,its i.,—,u,)u,nil,pro,cution ofd _ "_ho,and a ill n,uhcr rake nor pemft nor sidle.any acfun to prejudice Lessor s or its insurer,light with respect thereto. The rental protection plan is not insurance
and doe,not protect Les Gore its n"Ow-ec•nor from liabilav to others wising out of possession,use or operation of euuimna'ru.
09/09