Rental Contract

RENTAL CONTRACT

This is a contract. The back of this contract contains important terms and conditions including lessor's disclaimer from all liability for injury or damage and details of customer's obligations. These terms and conditions are a part of this contract- READ THEM! WE CHARGE FOR TIME OUT- NOT TIME USED. All time is charged including Saturday, Sunday, and Holidays. All equipment is rented on a basis of not more than 8 hours metered time over a 24 hour period, with additional metered time over 8 hours pro-rated. Rentals presume 8 hours use per day, 40 hours per week, and 160 hours per month. A FUEL CHARGE WILL BE ADDED FOR ANY ITEMS NOT RETURNED FULL OF FUEL. A CLEANING CHARGE MAY BE ADDED FOR ITEMS RETURNED EXCESSIVELY DIRTY. Customer is responsible for property damage. I have read and understand the Terms and Conditions on both sides of this Rental Contract. I certify that those terms and conditions printed on the other side are agreed to as if printed above my signature. There are no verbal or other representations not included herein. I understand this is NOT a rent-to-own agreement. I verify that the given address is my current and present address. The final amount of charges owed by customer will be calculated upon rental return. ADDITIONAL CHARGES MAY BE ADDED IF ITEM IS NOT RETURNED IN GOOD APPEARANCE AND WORKING CONDITION. This contract is terminated only when closed contract is issued at the front counter. If equipment does not function properly, notify lessor within 30 minutes of occurrence or no refund or allowance will be made. I certify that I have read and agree to all terms and conditions. If equipment does not function properly notify lessor within 30 minutes of occurrence or no refund or allowance will be made. I certify that I have read and agree to all terms of this contract.

For good and valuable consideration, you and Diamond Rock Rental & Equipment, LLC, an Arkansas limited liability company (also referred to in this Contract as “DRR,” “Lessor,” “we,” “us” and “our”) agree as follows:

1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per the terms of Section [or “§”] 5 below); “Site” means the delivery or use address set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer,” “Renter” or “Lessee” identified on P.1.

2. You agree to: (a) rent from DRR the Rented Item(s) for the period(s) specified on P.1 (the “Term”); (b) fully and timely pay us as and when due the rent (“Rent”) and other amount(s) set forth on P.1 therefor, together with all other charges accruing hereunder, without proration, reduction or setoff; and (c) remain liable for all associated injuries and property damage for the duration of the Term and until all such Rented Item(s) is/are returned to and accepted by DRR in the proper return condition per § 9. Unless otherwise agreed in writing by DRR, all Rent is charged for normal use of the Rented Item(s), not exceeding 8 hours per 24-hour period for which such Rent is charged hereunder (each, a “Rental Day”), 40 hours per 7-Rental Day period, 160 hours per 28-Rental Day period and otherwise in accordance with the terms of this Contract and the “Instructions” described in § 5. Additional prorated hourly Rent will be charged for late returns and overuse. No allowance will be made for weekends, holidays, weather delays, time in transit or other period(s) of nonuse.

3. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed by DRR in writing, you: (a) will pay us: (i) any deposit and the Estimated Rent specified on P.1 in advance (the “Prepayment”); and (ii) any other amounts coming due hereunder upon demand; and (b) agree that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; and (iv) all Prepayments are NON-REFUNDABLE except as provided in § 8. Anything remaining with, in or on any Item(s) upon return will be deemed surrendered and abandoned.

4. You shall ensure the Site is reasonably clean, safe, secure and otherwise fit for delivery and use of the Rented Item(s) at all times. If we agree to provide any service(s) (including delivery and/or retrieval), you agree to: (a) pay our regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for any

delay(s) caused by you, your agents, or any other parties, including providers of other equipment or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless DRR. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of DRR’s representatives regarding the same (including status, condition, quality, utility and quantities of the Item(s) and the Site).

5. Upon the earlier of your receipt, or our delivery to the Site, of the Rented Item(s) unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by DRR), carefully examined and tested by you or your agent(s); and (b) you: (i) have received, carefully reviewed and understand all training, instructions, user manuals, maintenance requirements, and other information, if any, including all applicable EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, ASSE, DOT, FMCSA and/or ANSI Standards (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, Silica Dust and Electronic Logging Device requirements); (iii) have been made aware of the need to use all recommended and required personal protective equipment and safety devices (including RESPIRATORY and FALL PROTECTION devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give any and all required notice(s) to, and obtain all necessary licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 or 800-482-8998 and go to www.Arkonecall.com) at least 2, but not more than 10 working days in advance; (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract at all times. You agree to notify us immediately if any of the foregoing proves incorrect or misleading.

6. Except with respect to Item(s) we rent from third parties (each, a “TPO”) and re-rent to you, DRR owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term, subject however, to your duty to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); (b) permit any Rented Item(s) to be taken or used outside of a radius of 100 miles surrounding our store; or (c) loan, transfer, sublease, re-rent, surrender possession or control of, sell, encumber, assign or dispose of any Item(s) or this Contract, without our prior written consent (in our sole discretion). We may sell and/or assign all or any part of our interests in such Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for our pre-existing obligations.

7. WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND SHOULD BE TRANSPORTED, SERVICED, MAINTAINED, REPAIRED AND USED WITH EXTREME CARE, ONLY FOR ITS/THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED, INSTRUCTED, AND IF APPLICABLE, LICENSED, ADULTS. YOU AGREE TO PROVIDE ALL APPLICABLE TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S), and ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by DRR on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED AND/OR LICENSED (ASAPPLICABLE) ADULTS; and (e) otherwise in full compliance with this Contract (including §§ 5 through 9), at all times.

8. In the event of a Malfunction as defined in § 5, you will immediately notify, and return the Malfunctioning Item to, DRR, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of any provision of this Contract by, you or anyone you permit to use or deal with such Item(s), we will, at our option: (a) repair such Item; (b) provide you with a comparable Item; or (c) with respect to the Malfunctioning Item(s), return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) with respect to Malfunctions, all of which you waive, together with all associated claims and damages as provided in § 11.

9. You agree to protect, properly service, maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to DRR on time at the end of the Term, clean, free of contamination, and in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail to do so, then in addition to the amounts set forth on P.1, you will pay us: (a) Rent for each succeeding full rental period until all Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove from the Site, conceal, store, repair, modify or damage any Rented Item; (ii) violate any law, Instruction, insurance policy or warranty; (iii) expose any Rented Item(s) to any hazardous substance(s) or circumstance(s); or (iv) take possession of or exercise control over any Rented Item, without our prior consent (in our sole discretion).

10. DRR IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEMS, all of which are provided “AS-IS”. DRR MAKES NO WARRANTY(IES), EXPRESS OR IMPLIED(INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, GOOD AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTY(IES) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) regarding any Item(s) or Service(s) referenced in this Contract, nor does DRR make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you hereby waive. No depictions, models, samples, descriptions, specifications, recommendations or advertisements made or accepted by DRR constitute representations or warranties by DRR.

11. INDEMNITY/HOLD HARMLESS: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, LOSS, DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DRR, each TPO, and their respective owners, shareholders, members, managers, officers, directors, agents, employees, insurers, representatives, subrogees, successors and assigns (each, an “Indemnitee”), for, from and against: (i) all such RISKS (including without limitation, attorneys’ fees); and (ii) your breach of this Contract; and (C) WAIVE all rights, remedies, claims, damages and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee.

12. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof; and (c) for all vehicles and trailers included in the Rented Item(s), hired auto liability insurance with minimum limits of $1,000,000 and hired auto physical damage insurance for its/their actual cash value. Such policies shall, whenever possible: (i) name DRR as an additional insured and loss payee; (ii) waive subrogation against DRR; (iii) be primary and non-contributory; and (iv) include a severability of interests clause and such other provisions (including deductibles) as DRR may require. You irrevocably appoint DRR as your agent and attorney-in-fact to submit and negotiate claims on all such policies.

13. If and only if, we have offered and you have purchased and paid for our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) (set forth on P.1, if available) prior to commencement of the Term, you will have no liability to us for 80% of the first $5,000 of repair/replacement costs for Item(s) covered by LDW (“Covered Item(s)”). You will, however, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged as a result of: (A) your breach of this Contract; (B) theft or other failure to timely return Covered Item(s) to us; (C) gross negligence, misuse and/or abuse of Rented Item(s) (including without limitation, submerging, overturning and overloading); (D) vandalism and/or malicious mischief; and/or (E) use of any Item in violation of any law, warranty or insurance policy; (iii) batteries, glass, tires, tubes, tracks, booms, wires, belts, chains, knobs and/or hoses; (b) 20% of the first $5,000 of repair/replacement costs for Covered Item(s); and (c) all repair and replacement costs exceeding $5,000 in the aggregate across all Covered Item(s). You may decline LDW if you provide the property damage/inland marine insurance referenced in § 12. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.

14. You agree to pay all taxes (including all sales, use, equipment, fuel and other taxes), tolls, fines, fees, assessments and other charges related to each Item and/or the transaction(s) referenced in this Contract. In the event legal action is commenced in connection herewith, we will be entitled to recover our costs and expenses associated therewith (including without limitation, our attorneys’ fees and expenses) from you if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies. To the maximum extent permitted under applicable law, you grant to DRR: (a) a lien on all real and personal property: (i) placed in or on; and/or (ii) improved with, any Rented Item(s); and (b) the right to claim on any bond provided in connection therewith. We may, without notice or liability to you, monitor and/or inspect (in person and/or electronically) any Rented Item(s) at any time, and all information thereby obtained will be the property of DRR. If any performance required of DRR is delayed or impaired as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of all statutes of limitations regarding DRR’s rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of: (a) 17% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize us to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the amount(s) actually paid by you hereunder.15. Time is of the essence. There are no third-party beneficiaries hereto. These Terms and Conditions apply to the Item(s) identified on P.1 and to all other Items you obtain from DRR at any time (except only as we otherwise agree in writing). You acknowledge that this Contract: (a) constitutes an operating lease, and not a financing; (b) is fair and reasonable; (c) shall be enforceable only by Diamond Rock Rental & Equipment, LLC, the TPO(s), if any, Lessee, and such parties’ respective permitted successors and assigns; and (d) shall be governed by the laws of the State of Arkansas, with proper venue for all related civil legal proceedings lying solely and exclusively in the federal, state and local courts located in or nearest to Benton County, AR (unless waived by DRR). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. This Contract, together with any and all addenda we provide (including whenever applicable, our form of Aerial Equipment Addendum), each of which will be deemed incorporated herein, represent(s) the entire agreement between you and DRR, superseding all other agreements and representations (including our website and advertising). The terms of this Contract are severable. If any provision hereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and enforceable. This Contract cannot otherwise be amended or extended except in a writing signed by DRR. Digital, electronic, photocopied and facsimiled signatures appearing on this Contract will be deemed originals.

16. Your duties hereunder are unconditional. If: (a) you or any guarantor shall: (i) fail to fully and timely pay, honor, perform and/or comply with this Contract and/or any of your obligations hereunder; (ii) provide any incorrect or misleading information to DRR; (iii) become insolvent or declare bankruptcy; or (iv) die or cease conducting business; or (b) any Item(s) shall be lost or damaged (unless covered by LDW, as provided in § 13), you will be in DEFAULT under this Contract, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental(s); (ii) seek relief from stay; (iii) recover, empty, lock and/or disable any Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless DRR, its agents and employees); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor (jointly and severally) our associated direct and indirect damages, losses, costs and expenses (including Rent for the balance of the Term, interest and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.

17. Any item(s) sold to you (“Sale Items”), as provided on P.1 are provided “AS-IS” and “WITH ALL FAULTS,” and are subject to the terms of this Contract (modified as necessary to address sales). All item(s) not specifically identified as Sale Items on P.1 will be deemed to be “Rented Item(s)”