Rental Agreement

Lessee agrees to pay Lessor the rental charge due under the terms and conditions set forth in the Agreement, including additional charges indicated below. A monthly finance charge of 1.5% will accrue on all amounts unpaid after 30 days, resulting in an annual finance charge of 18%. Monthly finance charges are cumulative, and all payments by Lessee shall be applied first toward accrued finance charges before being applied to rent and other charges. Lessee waives any existing and future claims or offsets against rent or other payments due, agreeing to pay the rent and perform all obligations hereunder when due, regardless of any claims asserted by Lessee. Lessee’s obligations shall not be suspended or affected by Lessee’s inability to use the Equipment for any reason. All Equipment must be returned clean and with full fuel tanks. Refueling charges will be assessed at the price of the fuel. Cleaning charges are $100.00 per hour, with a minimum of $50.00.

Lessee acknowledges that he has had the opportunity to inspect the Equipment and finds it suitable for his needs and in good condition. Lessee agrees, at his own expense, to maintain the Equipment in good working order, properly serviced and garaged, including making all necessary minor repairs and routine maintenance. Lessee shall return the Equipment to Lessor upon the expiration or termination of the rental term in the same condition as received, except for ordinary wear and tear. Lessee shall pay for all labor, materials, and parts required for the proper operation and protection of the Equipment, including expendable items such as lubricants, coolants, cables, pull ropes, cutting edges, belts, hoses, and filters. All replacement parts must be original manufactured parts. Lessee shall be responsible for tire and track damage and shall repair or replace them. If the Equipment is returned in unacceptable condition, Lessee shall pay Lessor all charges for cleaning, servicing, repairs, and replacements necessary to restore the Equipment to acceptable operable condition, including transportation charges. Equipment shall remain on daily rental until returned to service. Lessee shall not make any additions or alterations to the Equipment. Lessor may place decals or other markings on the Equipment identifying it as its property. Lessee shall operate and store the Equipment at the specified location(s). Lessee agrees to keep the Equipment locked or guarded when not in use. Lessor shall have the right to enter any premises where the Equipment is located to inspect it and, without notice or liability to Lessee, remove or disable the Equipment if, in Lessor's sole opinion, it is being used or cared for improperly.

If Equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue use and notify Lessor immediately. Lessor is not responsible for any incidental or consequential damage caused by delays or otherwise from Equipment that becomes unsafe or in disrepair.

There are no expressed warranties by Lessor regarding the Equipment. Lessor disclaims the implied warranties of merchantability and fitness for a particular purpose. Lessor shall not be liable for consequential or incidental damages related to the Agreement.

Lessee agrees to assume the risks and hold Lessor harmless for property damage and personal injuries caused by the Equipment or arising from negligence by any person.

The entire risk of loss or damage to the Equipment during the rental term shall be borne by the Lessee. The Lessee agrees to indemnify and hold the Lessor harmless from any such loss or damage. Furthermore, the Lessee agrees to indemnify and hold Lessor harmless from any claims arising from the Lessee’s possession or use of the Equipment or violations of federal, state, or local law. Additionally, the Lessee agrees to indemnify and hold the Lessor harmless from any claims, liabilities, causes of action, or legal proceedings, including claims based on strict liability, brought by third parties for property damage, injury, or death, arising from the Lessee’s exercise of any rights under the Agreement. This includes, but is not limited to, selection, delivery, condition, use, operation, malfunction, storage, ownership, maintenance, repair, or transportation of the Equipment during the rental term. The Lessee’s duty to indemnify the Lessor shall include an obligation to reimburse Lessor for the costs of defending any such actions or claims, including attorney's fees.

It shall be conclusively presumed that the Equipment was in good operating condition when received. To reduce the risk of personal injury or property damage, Lessee agrees that the Equipment will be operated only by properly trained and qualified operators and agrees to take all reasonable precautions to ensure safe and lawful operation. Lessee shall pay all expenses of operating or transporting the Equipment, including delivery or return expenses. Use of the Equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purposes or in illegal manners; (b) Use when the Equipment is in disrepair or failure to maintain; (c) Improper, unintended use or misuse; (d) Use by anyone other than Lessee or his employees. Lessee may not sublease or loan the Equipment without Lessor’s prior written permission; (e) Use at any location other than the address provided by Lessor.

Lessee’s right to possession terminates upon expiration of the rental period, and retention or possession after this time constitutes a material breach of the Agreement. Time is of the essence. Any rental extension must be mutually agreed upon in writing. Lessee is liable for daily rental for all periods beyond the expiration of the rental period.

Lessee agrees, at its own expense, to obtain and maintain full coverage insurance against all risks on rented Equipment and pay for all damages regardless of cause for all periods the Equipment is out of Lessor’s possession, naming Lessor as the sole Loss Payee. If Equipment is lost, stolen, or damaged beyond repair, Lessee will pay Lessor the greater of the replacement cost or the price Lessor paid for the Equipment, determined by Lessor in Lessor’s sole discretion. If Equipment is damaged and can be repaired, Lessee will pay Lessor the cost of repair, whether performed by Lessor or others, within Lessor’s sole discretion. Lessee is also responsible for fees as invoiced that are associated with cleaning, repainting, or replacing the Equipment for any damage caused by paint, mud, plaster, concrete, rosin, or any other material. If the Equipment is returned to Lessor in unacceptable condition, Lessee shall pay Lessor, as invoiced, additional RENT or RENTAL for cleaning, servicing, repairs, and replacements necessary to restore the Equipment to acceptable operable condition. The Equipment shall remain on daily rental until repairs are completed, the Equipment is returned to Lessor, or until Lessor has received a replacement of Equipment at Lessor’s business location. In case of damage or loss, Lessee shall pay Lessor for the transportation of the Equipment to mechanics of Lessor’s choice for inspection and repair. In the case of theft or loss, Lessee shall pay for transporting Equipment to Lessor’s place of business. In cases of loss by theft or other means, Lessee agrees to furnish a police report to Lessor within 48 hours. Lessee agrees to pay all collection fees, attorney fees, court costs, and any expenses involved in collecting these from Lessee, whether incurred by Lessor or during litigation.

Upon failure to pay rent or other breach of the Agreement, Lessor may terminate the Agreement without legal process, retake possession of, and remove the Equipment from wherever it is, and Lessee shall indemnify Lessor and his agents for any claims for damage or trespass arising from the removal of the Equipment.

The provisions of the Agreement shall be severable, so that the invalidity, unenforceability, or waiver of any provision shall not affect the remaining provisions.

Lessee waives all claims for personal injury or property damage to the Equipment and loss of time or inconvenience arising from the use or inability to use the rented Equipment.

Lessee is responsible for loading and unloading the Equipment. If Lessor or Lessor’s employees assist in loading or unloading the Equipment, regardless of location, Lessee agrees to assume the risk and hold Lessor harmless for any property damage or personal injuries resulting therefrom, including damage or injury attributable to the negligence of Lessor or his employees.

If the Equipment is returned to Lessor in unacceptable condition, Lessee shall pay Lessor, as invoiced, additional RENT or RENTAL for cleaning, servicing, repairs, and replacements necessary to restore the Equipment to acceptable operable condition. The Equipment shall remain on daily rental until repairs are completed, the Equipment is returned to Lessor, or until Lessor has received a replacement of Equipment at Lessor’s business location.

This Agreement shall be governed by and construed under the laws of the state of Wyoming. Lessee agrees that any suits arising from the performance or breach of this Agreement shall be commenced and maintained only in the courts of Sheridan County, Wyoming, and Lessee irrevocably consents to such venue.

All charges incurred under this contract shall be classified as RENT or RENTAL. Lessee acknowledges potential criminal charges for Theft of Services under Wyoming Statute 6-3.408.