Terms and Conditions

Master Rental Agreement Terms and Conditions
for Operated & Maintained Equipment
THESE TERMS AND CONDITIONS ARE INCORPORATED INTO THE AGREEMENT BETWEEN LEGACY AND ANY LESSEE FOR OPERATED AND MAINTAINED EQUIPMENT.
NO MODIFICATIONS: The rental of equipment from Lessor hereunder is expressly conditioned upon Lessee’s assent to the terms and conditions contained or referred to herein. No terms or conditions which alter or modify in any way any provision, hereof shall be binding unless expressly agreed to in a written instrument signed by Lessor’s authorized representative. Lessor objects to any different or additional terms and hereby rejects any and all such terms, whether contained in previous or subsequent proposals or communications from Lessee. Any action taken by Lessor in preparing its equipment for use by Lessee constitutes acceptance of these terms and conditions.
Rental Of Equipment; Operator and/or Crew: Legacy hereby leases to Lessee, and Lessee hereby leases and hires from Legacy, on an operated and maintained basis, the machinery, equipment, accessories and other items described in the Equipment Order Forms received from Lessee by Legacy from time to time after the date hereof (collectively, the "Equipment"). No Equipment Order Form shall be valid and applicable hereunder unless it is accepted and executed by Legacy. In addition, Legacy shall provide to Lessee one or more persons experienced in operating and maintaining the Equipment (which may consist of an operator and/or crew person(s), hereinafter collectively referred to as the "Operator"), which Operator shall at all times operate and maintain the Equipment under the direction and control of Lessee. Lessee acknowledges and agrees that at no time shall the Equipment be operated, in any fashion or for any purpose, by anyone other than the Operator. Lessee is responsible for providing overall jobsite safety and accurate load weights. Lessee is responsible for rigging, hooking and unhooking loads except where and to the extent Legacy’s employees are used as agreed in writing by the parties hereto. If required, Lessee agrees to provide competent and qualified signal persons to direct Legacy’s equipment operators. Lessee warrants and represents that any signal person(s) and rigger(s) supplied by Lessee or others for whom Lessee is responsible (subcontractors, agents, etc.) are qualified as defined by OSHA Regulation, 29 CFR §§ 1926.1425 & 1428, and that documentation of such qualification is available on site.
1. Term Of Agreement; Term Of Lease(s) Of Individual Pieces Of Equipment: The term of this Agreement shall commence on the date set out on the Equipment Order Form, and shall continue until terminated as provided herein. The term(s) of the lease(s) of the individual pieces of Equipment leased by Lessee hereunder shall commence on the earlier of: (a) the date(s) specified in the Equipment Order Form for those particular pieces of Equipment, (b) the date the first piece of such Equipment is shipped or transported to or for the benefit of Lessee, or (c) as the parties hereto may otherwise agree in writing. Upon expiration of the term of a specific Equipment lease, the applicable Equipment shall be returned to a location designated by Legacy, in the same condition as when delivered to Lessee, ordinary wear and tear from normal use thereof excepted. Either party may terminate this agreement upon giving the other such party sixty (60) days advance written notice of such termination (note that termination of this master agreement shall not affect any outstanding rental of Equipment). Such notice of termination shall not affect or impair any of the agreements, obligations or duties of Lessee or Legacy under this Agreement with respect to any Equipment rented by Lessee prior to the time of actual receipt of such notice by a party, and Lessee's agreements, obligations or duties hereunder shall continue until the last piece of Equipment is returned to Legacy and payment in full by Lessee of all obligations hereunder.
2. Rent: The rental amount for the Equipment, which amount shall include the charges for the Operator, shall be the amount set forth on the respective Equipment Order Form for the particular Equipment. Unless otherwise agreed by the parties as stated on the Equipment Order Form for the particular Equipment, rent shall begin at the time the Equipment leaves Legacy's yard and shall continue until such time as the Equipment is returned as set forth above or as the parties hereto may otherwise agree. Rent shall be subject to adjustment for excess hours of usage or Operator time in accordance with the Equipment Order Form, custom in the area where the Equipment is used, or by any applicable collective bargaining agreement, as the case may be. Rental amounts are not subject to any deductions on account of any non-working time of the Equipment unless and to the extent such non-working time is due to a latent or patent defect in the Equipment or the negligence of Legacy. Lessee shall not be entitled to any abatement of rent, deduction, reduction thereof or set-off, counterclaim, recoupment or defense against rent for whatever reason unless and to the extent such rent adjustment, etc. is due to a latent or patent defect in the Equipment or the negligence of Legacy. Unless otherwise agreed by the parties on the Equipment Order Form for the particular Equipment, all rent and other amounts (except for reimbursement of damage or accident repair expenses under Section 8 below) arising hereunder shall be due and payable net thirty (30) days from date of invoice.
3. Transportation Charges: Unless otherwise agreed by the parties on the Equipment Order Form for the particular Equipment, Legacy, at its own expense, shall do all loading, unloading, set-up, assembly, dismantling and transportation of the Equipment and shall pay all other freight, demurrage, storage, switching, drayage, rigging, trucking or other transportation charges against the Equipment.
4. Control, Supervision And Operation Of Equipment And Operators: Lessee agrees that the Equipment and all persons operating such Equipment, including Legacy's employees, agents or independent contractors, are under Lessee's exclusive jurisdiction, possession, supervision, and control. Lessee is responsible for providing overall jobsite safety. Lessee is responsible for providing Legacy accurate load weights and accepts all liability from its failure to do so. Lessee assumes responsibility, control of, and supervision for rigging, hooking and unhooking loads. Lessee agrees to provide competent and experienced personnel to supervise and direct the operation of the Equipment, including competent and qualified signal persons. The Equipment shall be operated in a safe and lawful manner at all times, and in accordance with the manufacturer's operators manual, the Occupational Safety and Health Act of 1970, as amended ("OSHA"), all laws and regulations thereunder (particularly 29 C.F.R. Part 1926, subpart CC CRANES AND DERRICKS IN CONSTRUCTION and CFR 1910.18 – CRAWLER LOCOMOTIVE AND TRUCK CRANES), together with all applicable ANSI standards (including, but not limited to, the Standard Crane and Derrick Signals in accordance with ASME/ANSI B30.5-3.3 (amended 2007)) and MSHA. The operation of the Equipment shall not exceed the manufacturer's safety requirements and rated load capacities. If the Equipment is a crane, it is to be used as a lift crane ONLY. Demolition, dynamic compaction, pile driving, and clamming work require additional documentation and Equipment authorized only by Legacy. Equipment shall not be used when overloaded, or to carry persons or property for hire.
5. Compliance With Laws: Lessee shall comply with and conform to all laws, regulations, ordinances, rules and orders of any governmental entity relating to the possession, transportation and use of the Equipment, including but not limited to, all OSHA laws and regulations and MSHA. Lessee shall also comply with all applicable ANSI Standards. Lessee shall indemnify and save Legacy harmless against all actual or asserted violations of any such laws, regulations or standards, and pay all costs and expenses of every character, including reasonable attorneys' fees, occasioned by or arising out of any use, or loss of use, of any of the Equipment as the result of any violation of law, regulation or standard, while the Equipment is under the Lessee's possession, supervision and/or control unless and to the extent such violation is due to a latent or patent defect in the Equipment or the negligence of Legacy.
6. Title: This is an agreement of rental only. All Equipment shall remain personal property, and title thereto shall remain in Legacy or its assignee exclusively. Any attachments, accessions, replacement parts, repairs or additions to the Equipment shall automatically become Legacy's property. Nothing in this Agreement shall be deemed to have the effect of conferring any right or title whatsoever in or to the Equipment upon or to Lessee, other than as a lessee thereof. Lessee shall keep the Equipment free from any and all liens, encumbrances and claims whatsoever, and shall not do or permit any act which may encumber or impair Legacy's title or rights in the Equipment. Upon Legacy’s request, Lessee shall promptly execute and/or deliver to Legacy all documentation (such as estoppel certificates or a landlord waiver), as Legacy deems necessary or appropriate for the preservation, perfection or enforcement of Legacy’s interests in the Equipment and Legacy’s rights under this Agreement, and if Lessee fails to do so, Legacy may execute such documents on Lessee’s behalf and in Lessee’s name.
7. Accidents: Lessee shall immediately notify Legacy of any accident involving personal injury and/or property damage arising from the transportation, possession, use, maintenance or repair of the Equipment, so that Legacy’s ability to investigate the accident is not prejudiced. Legacy shall have immediate access to, and right of retrieval and repair of the Equipment. Lessee shall not remove Equipment or components thereof from the site. Legacy shall make or have the sole right to direct all repairs occasioned by any accident. Lessee shall immediately deliver to Legacy any summons, pleading, notice, or paper of any kind involving any claim, suit or proceeding relating to any accident or event involving the Equipment. Lessee shall not aid or abet the assertion of any such claim, suit or proceeding, and shall fully cooperate with Legacy in investigating and defending the same. In the event of an accident involving damage to the Equipment arising from the acts, omissions, misfeasance or malfeasance of Lessee, including, but not limited to Lessee’s employees, agents, representatives, subcontractors or independent contractors, Lessee shall be responsible for costs of repairs and related expenses. All repairs must meet manufacturer’s specifications and the Equipment must be certified by the manufacturer. Legacy and Lessee acknowledge and agree that the replacement cost shall be used to determine the value of the Equipment in order to establish the amount of the loss or the damage thereto. Rental payments shall not be applied to loss or damage claims. The lease term and rental period shall continue to run while the Equipment is being repaired and shall continue to run until all repairs are completed and paid, unless the parties hereto agree otherwise in writing.
8. Insurance: Legacy and Lessee shall take out, carry and maintain (or provide adequate evidence of self-insurance) the following insurance during the term of this Contract:
a. Comprehensive General Liability, including contractual liability, protecting the respective interests of Legacy and lessee against liability for property damage and personal injury or death arising out of the maintenance, repair, use and operation of the Equipment with limits of liability no less than $2,000,000 each occurrence and a $2,000,000 general aggregate;
b. Umbrella Liability with limits of liability of no less than $3,000,000; and
c. Worker's Compensation with an "All States" endorsement, in accordance with applicable state and federal law.
d. Automobile Liability Coverage, protecting against liability for property damage and personal injury or death arising out of the possession, use, operation and transportation of the Equipment, with limits of liability not less than $ 1,000,000 each occurrence;
Such insurance shall name Lessee and Legacy, respectively, and their subsidiaries, affiliates, and partners as Additional Insureds/Loss Payees, as applicable, (with the exception of (c) above) "subject to the terms and conditions of the "Master Rental Agreement for Operated and Maintained Equipment."
Lessee’s insurance shall be primary and non-contributory to any insurance held by Lessor. All insurance required hereunder shall be maintained with responsible insurance companies of recognized standard and shall provide that the coverage thereunder may be altered or canceled only after not less than thirty (30) days' prior written notice to Legacy and Lessee respectively. Legacy and Lessee shall be responsible for payment of their deductibles, when applicable, to the extent of Legacy's or Lessee's negligence.
Lessee and Legacy hereby waive and agree to have their insurers waive any rights of subrogation against Lessee and Legacy, respectively, and their insurers to the extent of Legacy's or Lessee's negligence.

9. Payment: In addition to the payment of the rent specified on any Equipment Order Form, Lessee shall pay Legacy upon demand:
a. all sales tax as and if required by the law of the jobsite location;
b. all fines, penalties, forfeitures, court costs, expenses and attorneys’ fees arising with respect to Lessee's possession, use, supervision or control of the Equipment but not including such fines, etc. caused by a latent Equipment defect or Legacy’s negligence; and
c. Legacy's costs and expenses, including reasonable attorneys’ fees, incurred in enforcing this Lease, collecting any amounts due hereunder, or in repossessing the Equipment.
Any payments more than thirty (30) days past due under this Agreement shall bear interest at 1.5% per month (or the maximum rate allowed by law, whichever is higher).

10. Liability; Indemnification: See the state specific indemnity language attached to the end of these terms and conditions that shall govern the indemnity obligation owed by the Lessee to the Lessor.

11. Disclaimer Of Warranties And Remedies: LEGACY WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LEGACY’S SOLE RESPONSIBILITY, AND LESSEE'S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT LEGACY’S OPTION, TO EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY LESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE FOREGOING IS THE EXCLUSIVE AND ENTIRE WARRANTY GIVEN IN CONNECTION WITH THE EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN "AS IS" CONDITION. LEGACY IS NOT THE MANUFACTURER OF THE EQUIPMENT. LEGACY MAKES NO OTHER WARRANTY AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LEGACY SHALL NOT BE LIABLE FOR ANY DELAYS, WORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE AND/OR REPAIR OF THE EQUIPMENT, OR ANY LOSS, DAMAGE OR INJURY RESULTING THEREFROM.

12. Default; Termination: Legacy may declare this Lease in default (after the lapse of the cure period described below) if any one or more of the following occurs:
a. Lessee fails to make any payment required hereunder when due;
b. Lessee fails to properly supervise the operation of the Equipment;
c. Lessee fails to observe or perform any other covenant or requirement of this Lease;
d. Lessee attempts to sell, transfer or encumber the Equipment;
e. a voluntary or involuntary proceeding is instituted in any court of competent jurisdiction, seeking a decree or order:
(i) for relief in respect of Lessee under any applicable bankruptcy, insolvency, reorganization, assignment for the benefit of creditors, or other similar law, or
(ii) for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of Lessee or its property, or
(iii) for the winding up or liquidation of the Lessee's affairs; and/or
f. Lessee shall fail to pay its debts as they come due.
If Lessee fails to cure any default within forty-eight (48) hours, Legacy may enter, with or without legal process, any premises where the Equipment is located and take possession thereof. Lessee shall provide Legacy with unobstructed ingress and egress for such purpose. Furthermore, Lessee shall immediately pay to Legacy all amounts then due hereunder and all costs of removal and repossession of the Equipment. Lessee shall also pay Legacy all costs incurred by Legacy, including court costs and reasonable attorneys' fees, in connection with any efforts to collect any unpaid amounts due from Lessee. In addition to the rights set forth herein, Legacy shall be entitled to exercise all other rights and remedies under applicable law and/or equity. The remedies provided for herein shall not be deemed exclusive, but shall be cumulative, and the exercise of any one such remedy shall not prevent Legacy from also exercising any and all other remedies hereunder.

13. No Assignment or Sublease: This Lease may not be assigned by Lessee and the Equipment may not be offered by Lessee for use or sublet to any other person or entity without Legacy's prior written consent. Any consent by Legacy to an assignment or sub-lease shall not release Lessee from any obligations under this Lease.

14. Legacy's Right To Effect Compliance: If Lessee fails to comply with any provision of this Agreement including, but not limited to, the obligation to pay or satisfy any taxes, liens, insurance premiums or other charges, Legacy shall have the right, but shall not be obligated, to effect such compliance in whole or in part, and all costs and expenses shall be paid by Lessee immediately upon demand by Legacy. Legacy's effecting such compliance shall not constitute a waiver of any default by Lessee hereunder.

15. Lifting Lugs, Rigging And Apparatus: Lessee hereby assumes all responsibility and liability for the adequacy of design and strength of ANY lifting lug or device embedded in or attached to any object, and ANY AND ALL rigging or lifting apparatus, and Lessee will indemnify, defend and hold Legacy harmless from any and all actions, causes of action, claims, suits, demands, investigations, obligations, judgments, losses, costs, liabilities, damages, fines, penalties and expenses, including attorneys’ fees arising or resulting therefrom.

16. MSDS Requirements: Lessee shall provide to Legacy, upon delivery of the Equipment to the job location, copies of material safety data sheets (MSDS) for all hazardous chemicals in use at said location, or make such MSDS available at a central location at the job site, in order that Legacy may comply with the requirements of all applicable local, state and federal laws and regulations, to the extent applicable to Legacy, including OSHA regulations, regarding hazard communication. Furthermore, Lessee shall inform Legacy of all precautionary measures that need to be taken to protect the Equipment operators during normal operating conditions and in foreseeable emergencies.

17. Miscellaneous.
a. No obligation of Legacy hereunder shall survive the term hereof. Any cancellation or termination of this Agreement by the parties pursuant to the provisions hereof shall not release Lessee from any then outstanding obligations to Legacy hereunder.
b. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written and oral agreements.
c. This Agreement may be modified or amended only by a written instrument executed by each of the parties.
d. This Agreement shall be binding upon and shall inure to the benefit of the parties and, subject to Section 13 hereof, their respective successors and permitted assigns.
e. Legacy's failure at any time to require strict performance by Lessee of any of the provisions of this Agreement shall not waive Legacy's right to demand strict compliance therewith or with any other provision hereof; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right.
f. This Lease shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Alabama, applied without giving effect to conflicts-of-law principles. Any controversy or claim arising out of or relating to this Lease shall be brought exclusively in, and the parties irrevocably submit to, the jurisdiction of the state and federal courts of the State of Alabama sitting in Mobile County, Alabama, and the parties irrevocably agree that all claims in respect of such action or proceeding shall be heard and determined exclusively and only in and by either of the state or federal courts sitting within Mobile County, Alabama. Furthermore, the parties irrevocably waive and agree not to assert by way of motion, as a defense or otherwise in any such action or proceeding, any claim that any party is not personally subject to the jurisdiction of the state or federal court sitting in Mobile County, Alabama, that such action or proceeding is brought in an inconvenient forum, that the venue of such action or proceeding is improper or that this Lease may not be enforced in or by such state or federal court sitting in Mobile County, Alabama. The parties agree that process against another party may be served by delivery of service of process by certified or registered mail.
g. Any notices hereunder shall be in writing and addressed to the party to be notified at the address set forth below, and shall be deemed validly given (i) three (3) days following deposit in the U.S. certified mails (return receipt requested), postage prepaid, or (ii) the next Business Day after such notice was delivered to a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement satisfactory with such carrier, made for the payment thereof, or (iii) upon receipt of notice given by facsimile, mailgram, telegram, telex or personal delivery:

To Legacy: Legacy Equipment, Inc.
1200 Radcliff Road
Creola, AL 36525
Attention: Riley Anderson
Phone: 251-445-6612

To Lessee:
(Lessee)
(Address)
(City, Slate, ZIP)
(Attention)
(FAX No.)

or, as to each party, at such other address as shall be designated by such party in a written notice to the other party.
h. If any provision of this Lease is held to be invalid or illegal by a Court of competent jurisdiction, the invalid or illegal term will be deemed excluded from this Lease and will not invalidate the remaining terms of this Lease.
i. Assembly and Disassembly: The parties agree that any and all Equipment mobilization and/or demobilization costs including but not limited to, assembly, erection, reconfiguration, disassembly or other movement of the Equipment, were quoted by Legacy based on “Standard Activity.” Standard Activity means mobilization and demobilization during the following minimum weather conditions, and otherwise absent a force majeure, (i) ambient temperature in excess of twenty (20) degrees Fahrenheit; (ii) sustained winds (including gusts) less than twenty (20) miles per hour; (iii) no precipitation in the form of snow or ice; or (iv) minor precipitation in the form of rain (less than one (1) inch per twenty-four (24) hour period. Rates for Standard Activity apply eight (8) hours per day Monday through Friday (excluding holidays). Rates for mobilization and/or demobilization which do not fall within Standard Activity (the "Non-Standard Rates") shall be provided to Lessee prior to any such costs being incurred and the parties hereto shall cooperate in good faith to schedule such mobilization and/or demobilization on a cost efficient basis.
LESSEE AND LEGACY EACH KNOWINGLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) WITH THIS LEASE, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, THE CONDUCT THE PARTIES, OR THE TRANSACTIONS RELATED HERETO.

INDEMNITY PROVISIONS THAT WILL APPLY DEPENDING ON THE SPECIFIC STATE LAW USED TO ENFORCE THE INDEMNITY OBLIGATION BETWEEN THE PARTIES.

1. This indemnity clause applies to projects in ALABAMA. TO THE FULLEST EXTENT ALLOWABLE BY LAW, LESSEE SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY CLAIM, SUIT, ALLEGATIONS, ARBITRATIONS, JUDGMENT, DAMAGE, INJURY, LOSS, COST, EXPENSE OR PENALTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ATTORNEYS' FEES (TOGETHER, "CLAIMS"), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT INCLUDING WITHOUT LIMITATION, CLAIMS CONNECTED WITH OR RESULTING FROM THE SELECTION, ACCEPTANCE, DELIVERY, SUPERVISION AND/OR USE OF THE EQUIPMENT BY LESSEE AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES. THE DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS INDEMNITEES EXISTS WHETHER OR NOT BASED IN WHOLE OR IN PART UPON THE ACTIVE, PASSIVE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES. LESSEE’S OBLIGATION FOR CONTRACTUAL INDEMNITY AS PROVIDED FOR HEREIN SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND CLAIMS BETWEEN AN INDEMNITEE AND LESSEE. THIS SECTION SHALL BE INTERPRETED AS PROVIDING THE BROADEST INDEMNIFICATION PERMITTED BY LAW AND SHALL BE LIMITED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SAID LAW.

2. This indemnity clause applies to projects in ARKANSAS, ARIZONA, INDIANA, MICHIGAN, SOUTH DAKOTA AND WISCONSIN - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for any claim caused by or resulting from the sole negligence or willful misconduct of the Lessor, the Lessor’s agents, servants, or independent contractors who are directly responsible to the Lessor. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers’ compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lesse’s additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment. or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third-party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

3. This indemnity clause applies to projects in COLORADO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employee and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lesser's obligation hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Pursuant to C.R.S.A. 13-21 -111.5, Lessee shall not be required to indemnify, insure or defend in litigation for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the Lessor or any third party under the control or supervision of the Lessor. However, the obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation. or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts or other employee benefits acts. The Lessee's obligations here under shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator /adjusters' fees and costs, experts' fees and costs, costs of storage and down time for inability to use t be Equipment, and costs of testing of property, equipment, or other items) initialed by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters in to any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property, or all of these.

4. This indemnity clause applies to projects in GEORGIA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to person, including Lessor’s employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claim specified herein, including all court a/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor’s own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, pursuant to Georgia Code § 13-8-2, Lessee shall not be required to indemnify, hold harmless, insure, or defend Lessor, including Lessor’s officers, agents, or employees against liability or claims for damages, losses, or expenses, including attorneys’ fees arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the Lessor or its officers, agents, or employees. The obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers’ compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee’s additional obligations hereunder, Lessee shall bear the Cost of any investigation or adjustment (including but not limited to, attorney’s fees and costs, private investigator/adjuster fee and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and cost of testing of property, equipment or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

5. This indemnity clause applies to projects in ILLINOIS, IOWA, KANSAS, MINNESOTA, MISSISSIPPI, MISSOURI , NEBRASKA, AND NORTH DAKOTA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own negligence. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared in valid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

6. This indemnity clause applies to projects in MONTANA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to Montana Rev. Code 28-2-2111, Lessee shall not be required to indemnify, hold harmless, insure, or defend the Lessor for liability, damages, losses or costs caused by the negligence, recklessness, or intentional misconduct of Lessor. However, the obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under workers' compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligation, hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor 's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

7. This indemnity clause applies to projects in WYOMING - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents h armless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and /or arbitration costs, filing fees, attorney's fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault. whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.

8. This indemnity clause applies to projects in DEL AWARE - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to person, including Lessor's employees, of loss, damage, or injury to property, including the equipment arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own negligence, whether sole or partial. It is hereby agreed that Lessor's liability for damage caused by Lessor's negligence shall be limited to the amount of Lessor's liability insurance. The indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including: any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and (costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased equipment, whether or not such accident involves personal injury, death or damage to the leased equipment or other property or all of these.

9. This indemnity clause applies to projects in IDAHO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include all costs and expenses arising out of all claims specified herein., including all court and/or arbitration costs, filing fees, attorney's fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, in direct or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for liability for damages arising out of bodily injury to persons or damage; to property caused by or resulting from the sole negligence of the Lessor, the Lessor's agents, employees or indemnitees The indemnification provision above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind. when such accident, or occurrence happens, involving directly or indirectly the leased equipment, whether or not such accident involves personal injury, death or damage to the leased equipment or other property or all of these.

10. This indemnity clause applies to projects in OREGON - To the fullest extent permitted by law, Lessee agrees to indemnify. defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees. of loss. damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to ORS 30.140(1), Lessee shall not be required to indemnify, insure, or defend in litigation for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the Lessor or any third party under the control or supervision of the Lessor. However, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs , private investigator /adjusters' fees and costs, experts' fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property, or all of these.

11. This indemnity clause applies to projects in NORTH CAROLINA - To fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court a n d/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall not be required to indemnify or hold harmless Lessor for Lessor, Lessor's independent contractors, agents, employees, or indemnities against liability for damage arising out of bodily injury to persons or damage to property proximately ca used by or resulting from the negligence, in whole or in part of the Lessor or the Lessor's independent contractors, agents, employees or indemnities. However, the Lessee shall indemnify and hold harmless the Lessor and Lessor's independent contractors, agents, employees, and indemnities, against liability for damages resulting from the sole negligence of the Lessee or its agents or employees. It is hereby agreed that Lessor's liability for damage caused by Lessor's negligence shall be limited to the amount of Lessor 's contractually required liability insurance coverage. The indemnification obligation hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident in volves personal injury, death or damage to the leased Equipment or other property or all of these.

12. This Indemnity clause applies to projects In SOUTH CAROLINA - To the fullest extent permitted by South Carolina law, Lessee agrees to indemnify, defend and save lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of lessee's operation. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify lessor for damages arising out of bodily injury or property damage proximately caused by or resulting from the sole negligence of lessor, its independent contractors, agents, employees, or indemnities. Nothing contained in this section shall affect a promise or agreement whereby the lessee shall indemnify or hold harmless the lessor or the Lessor's independent contractors, agents, employees, or indemnitees against liability for damages resulting from the negligence, in whole or in part, of the lessee, its agents or employees. The provisions of this section shall not affect any insurance contract or worker's compensation agreement. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of the Lessee’s additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorney's fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and downtime for inability to use the Equipment, and costs of testing of property, equipment, or other initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

13. This indemnity clause applies to projects in TENNESSEE - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee’s operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for any claim caused by or resulting from the sole negligence or willful misconduct of the Lessor, the Lessor's agents, servants, or independent contractors who are directly responsible to the Lessor. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee 's obligations hereunder shall further not be limited by 1he amount of its li ability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentence of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, cost of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor’s third party adjusters into any accident of any kind, when such accident. or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death
Or damage to the leased Equipment or other property or all of these.

14. This indemnity clause applies to projects in WASHINGTON - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss. damage or injury to property, including the Equipment, or liability arising in any manner out of Lessee's operation or services. Lessee 's obligations hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall have no duty to indemnify or defend for damages arising out of such services or out of bodily injury to persons or damage to property resulting from the sole negligence of the Lessor, its agents or employees. In accordance with RCWA 4.24.115, if liability is caused by or resulting from the concurrent negligence of (i) the Lessor or Lessor's agents or employees, and (ii) the Lessee or the Lessee 's agents or employees, indemnity is valid and enforceable only to the extent of the Lessee's negligence. Further, this agreement specifically and expressly provides for and waives the Lessee's immunity under industrial insurance, title 51 RCW. This waiver was mutually negotiated by the parties. It has been mutually agreed by the parties (Lessor and Lessee) that Lessee waive-s its immunity under the Worker's Compensation Act, Title 51 RCW, as allowed under RCW A 4.24.115(b). The partial indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

15. This indemnity clause applies to projects in OHIO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys' fees and costs of settlement. It has been mutually agreed by the parties (Lessor and Lessee) that Lessee waives its immunity under the Worker's Compensation Act, Title XLI, Chapter 4123, as allowed under R .C. 4123.74. Lessee shall not be required to indemnify Lessor for Lessor's own negligence. However, the indemnification obligation hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligation. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase. or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor’s insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

16. This indemnity clause applies to projects in LOUISIANA • (FOR ALL CONSTRUCTION CONTRACTS PURSUANT TO LSA -R.S. 9:2780.1 EXCEPT FOR CONTRACTS FOR WELLS FOR OIL, GAS, OR WATER, OR DR I LLING FOR MATERIAL PURSUANT TO LSA-R.S. 9:2780) - To the fullest extent permitted by law under LSA-R.S. 9:2780.1, Lessee agrees to indemnify, defend and save Lessor, its employees and agents, and third parties harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorney’s fees and costs of settlement. Lessee shall not be required to indemnify Lessor, Lessor’s agents or employees, or any third parties over which Lessee has no control, for Lessor's own negligence, intentional acts or omissions or the negligence, intentional acts or omissions of any agent or employee of lessor. However, the indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations, except that where it is evident the Lessee has recovered the cost of required insurance in the contract price, the Lessee 's liability shall be limited to the amount of the proceeds that were payable under the insurance policies Lessee was required to obtain.. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated hy the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

INDEMNIFICAITION (FOR A LL CONTRACTS RELATED TO WELLS FOR OIL, GAS, OR WATER, OR DRILLING FOR MINERALS PURSUANT TO LSA-R.S. 9:2780) - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessees employees. of loss, damage or injury to property, including the equipment, arising in any manner out of Lessee's negligence. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own or concurrent negligence. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.

Statutory employer: With respect to work performed in Louisiana, pursuant to and in accordance with Louisiana Worker's Compensation Act, La. R.S. 23:1021, et seq., including but not limited to R.S. 23:1061, Lessor and Lessee agree that a statutory relationship exists between Lessor and Lessee's employees and Owner and Lessor's employees. Lessor and Lessee agree that all work performed by Lessor and its employees is part of Owner's and Lessee's trade, business or occupation and is an integral part of and is essential to the ability of Owner and Lessee to generate the Owner's and Lessee's goods, products and services. Lessor and Lessee agree that Owner and Lessee are principal and statutory employers of Lessor's employees. The above notwithstanding, Lessor shall remain solely and primarily responsible and liable for the payment of Louisiana worker's compensation benefits and insurance premiums to and for its employees and shall not be entitled to any contribution or indemnity for any such payments from Owner or Lessee.

17. This indemnity clause applies to projects in NEW MEXICO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of cl aims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to NM ST § 56-7-1, Lessee shall not be required to indemnify, hold harmless, insure, or defend against liability, claims, damages, losses or expenses, including attorneys' fees, arising out of bodily injury to persons or damage to property caused by or resulting from, in whole or in part, the negligence, act or omission of the Lessor, its officers, employees or agents. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

18. This indemnity clause applies to projects in OKLAHOMA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify here under shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to OK ST T. 15 § 221, Lessee shall not be required to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, which arises out of the negligence or fault of the Lessor, its agents, representatives, subcontractors, or supplies. However, the Indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves persona l injury, death or damage to the leased Equipment or other property or all of these.

19. This indemnity clause applies to projects in FLORI DA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend, and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor 's employees, of all loss, damage or injury to property, including the Equipment, arising directly, indirectly, or in any manner out of Lessee's work, use, operation, and/or possession of the crane and operator. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature and whether the damages claimed are caused in whole or in part by the acts, errors or omissions of the Lessor or its employees and agents. However, the indemnification above shall not be limited in any way by any limitation on the type of damage, compensation or benefits payable by or for the Lessee under workers· compensation acts, disability benefits acts, or other employee benefits acts, If this contract is for the performance of work on a public project, Lessee's indemnification obligations are further limited by FL ST §725.06(2) and (3). Specifically, on public projects Lessee shall only indemnify, hold less and defend Lessor and its employees and agents from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrong misconduct of Lessee and persons employed or utilized by Lessee in the performance of the public project. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers, or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death, or damage to the leased Equipment or other property or all of these . Pursuant to the provisions of FL ST § 725.06 the parties hereby agree that the indemnification obligations of the above paragraph are limited to the amount of $10,000,000. The parties hereby further agree that this limitation bears a commercially reasonable relationship to the contract and is incorporated as part of the project specifications or bid documents, if any, and further, that the amounts of the indemnification limitation specified herein bear a commercially reasonable relationship to the contract in light of the risks to person and property which may arise from or relate to the project and work contemplated by this agreement, Lessor and Lessee expressly acknowledge and agree that these indemnification provisions pertain only to claimed damages arising from this contract or its performance and, also, that these provisions shall not require Lessee to indemnify Lessor for damages to persons or property caused in whole or in part by any act, error, or omission of a party other than: (a) Lessee; (b) Lessee's contractors, subcontractors, sub-sub contractors, material men, or agents of any tier or their respective employees; or, (c) the Lessor or its officers, directors, agents or employees provided, however, such indemnification shall not include claims of, or damages resulting from gross negligence or willful, wanton, or intentional misconduct of the Lessor or its officers, directors, agents or employees, or for statutory violations or punitive damages except and to the extent the statutory violations and punitive damages are caused by or result from the acts, errors or omissions of the Lessee or any of Lessee's contractors, subcontractors, sub-sub contractors, material men, or agents of any tier or their respective employees.

20. This indemnity clause applies to projects in TEXAS - (FOR ALL CONTRACTS EXCEPT FOR CONTRACTS PERTAINING TO A WELL FOR OIL, GAS, OR WATER OR TO MINE FOR A MINERAL) - TO HIE FULLEST EXTENT PERMITTED BY LAW, LESSEE AGREES, TO THE EXTENT NOT CAUSED BY THE NEGLIGENCE OF LESSOR, TO I NDEMNIFY, OEFEND, AND SAVE LESSOR , ITS EMPLOYEES, AND AGENTS HARMLESS FROM ALL CLAIMS FOR DEATH OR INJURY TO PERSONS (INCLUDING LESSOR'S EMPLOYEES), ALL LOSS, DAMAGE OR INJURY TO PROPERTY, (INCLUDING THE EQUIPMENT), ARISING IN ANY MANNER OUT OF LESSEE'S NEGLIGENCE, GROSS NEGLIGENCE, OR MISCONDUCT ARISI NG OUT OF OR RELATING TO THIS AGREEMENT. LESSEE'S DUTY TO INDEMNIFY HEREUNDER SHALL INCLUDE ALL COSTS OR EXPENSES ARISING OUT OF ALL CLAIMS SPECIFIED HEREIN, INCLUDING ALL COURT AND /OR ARBITRATION COSTS, FILING FEES, ATTORNEYS' FEES, AND COSTS OF SETTLEMENT. PURSUANT TO V .A.T.S. INSURANCE CODE §151.102 LESSEE SHALL NOT BE REQUIRED TO INDEMNIFY, HOLD HARMLESS, OR DEFEND ANY PARTY AGAINST A CLAIM TO THE EXTENT CAUSED BY TH E NEGLIGENCE OR FAULT, THE BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATI ON, STANDARD, OR RULE, OR THE BREACH OF CONTRACT OF LESSOR, ITS AGENT OR EMPLOYEE, OR ANY TH I RD PARTY UNDER THE CONTROL OR SUPERVISION OF LESSOR, OTHER THAN LESSEE OR ITS AGENT, EMPLOYEE, OR SUBCONTRACTOR OF ANY TIER. HOWEVER, THE INDEMNIFICATION OBLIGATI ON ABOVE SHALL NOT BE LIM I TED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGE, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE LESSEE UNDER WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. LESSEE'S OBLIGATIONS HEREUNDER SHALL FURTHER NOT BE LIMITED BY THE AMOUNT OF ITS LIABLITY INSURANCE AND THE PURCHASE OF SUCH INSURANCE FOR LESSOR SHALL NOT OPERATE TO WAIVE ANY OF THE ABOVE OBLIGATIONS. THIS PROVISION IS SEPARATE AND DISTINCT FROM ANY OTHER PROVISION OR PARAGRAPH IN THIS CONTRACT, INCLUDING ANY PROVISION OR PARAGRAPH CONCERNING PARTIAL INDEMNIFICATION AND PROCUREMENT OF INSURANCE. IF THIS PARAGRAPH IS DECLARED I NVALI:D, THEN ALL OTHER PARAGRAPHS OF THJS CONTRACT SHALL STAND.
MUTUAL INDEMNIFICATION (ONLY FOR CONTRACTS PERTAINING TO A WELL FOR OIL, GAS, OR WATER, OR TO MINE FOR A MINERAL, PURSUANT TO V .TCA. CIVIL PRACTICE CODE §127.001-127.007) - TO THE FULLEST EXTENT PERMITTED BY LAW, Lessor and Lessee agree to Indemnify AND DEFEND each other, and each other's contractors and their employees, against loss, liability or damages arisi r1 g in connection with bodily injury, death, and d a mage to property of their respective employees, contractors or their employees, and invitees of each party arising out of or resulting from the performance of the contract. This provision on l y applies to contracts for a well for oil, gas, or water, or to mine for a mineral, pursuant to V.T.C.A. Ci\·il Practice Code §127.001·127.002. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.

21. and all other states not specifically referenced herein - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising directly, indirectly, or in any manner out of Lessee's work. Lessee’s duty to indemnify here under shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor 's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the obligations here under shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits; acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorney’s fees and costs, private investigator/adjuster fees and costs, expert fees and cost, costs of storage and down time for inability to use the Equipment and costs of testing of property, Equipment or other items) initiated by the Lessor, Lessor’s insurance carrier or Lessor's third-party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

Master Rental Agreement
for Bare Rental Equipment
THESE TERMS AND CONDITIONS ARE INCORPORATED INTO THE AGREEMENT BETWEEN LEGACY(LESSOR) AND ANY LESSEE FOR BARE RENTAL EQUIPMENT.
NO MODIFICATIONS: The rental of equipment from Lessor hereunder is expressly conditioned upon Lessee’s assent to the terms and conditions contained or referred to herein. No terms or conditions which alter or modify in any way any provision, hereof shall be binding unless expressly agreed to in a written instrument signed by Lessor’s authorized representative. Lessor objects to any different or additional terms and hereby rejects any and all such terms, whether contained in previous or subsequent proposals or communications from Lessee. Any action taken by Lessor in preparing its equipment for use by Lessee constitutes acceptance of these terms and conditions.

1. Rental Of Equipment: Legacy hereby leases to Lessee, and Lessee hereby leases and hires from Legacy, on a bare rental basis only, the machinery, equipment, accessories and other items described in the Equipment Order Form(s) (in the form attached hereto as Exhibit "A") received from Lessee by Legacy from time to time after the date hereof (collectively, the "Equipment"). No Equipment Order Form shall be valid and applicable hereunder unless it is accepted and executed by Legacy. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS RENTED TO LESSEE ON A BARE RENTAL BASIS ONLY, IN ITS “AS IS” CONDITION. Lessee, at its own expense, shall transport, operate, inspect, maintain and repair the Equipment (unless the parties hereto agree in writing otherwise), and return the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear from normal use excepted. LESSEE IS RESPONSIBLE FOR ENSURING COMPLIANCE BY IT AND ITS EMPLOYEES/AGENTS, AND FOR THE EQUIPMENT ITSELF, WITH ALL APPLICABLE LAWS, REGULATIONS AND ORDINANCES, INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH ACT AND REGULATIONS (INCLUDING BUT NOT LIMITED TO 29 C.F.R. 1926, SUBPART CC – CRANES AND DERRICKS IN CONSTRUCTION AND CFR 1910.18 – CRAWLER, LOCOMOTIVE AND TRUCK CRANES) AND ALL APPLICABLE ANSI STANDARDS. Lessor shall have no responsibility of any kind for compliance with any such laws, regulations or ordinances during the period the Equipment is in Lessee's possession or control. Lessee acknowledges that it has read and understands this Lease in its entirety, including the Terms and Conditions on the following pages. This Lease is executed by a duly authorized representative of Lessor and Lessee.

2. Term Of Agreement; Term Of Lease(s) Of Individual Pieces Of Equipment: The term of this Lease shall commence on the date first written above, and shall continue until either party terminates this agreement upon giving the other such party sixty (60) days advance written notice of such termination. Such notice of termination shall not affect or impair any of the agreements, obligations or duties of the Lessee or Legacy under this Lease with respect to any Equipment rented by Lessee, and Lessee's agreements, obligations or duties hereunder shall continue until the last piece of Equipment is returned to Legacy, payment in full by Lessee of all amounts owed hereunder is made, and all of Lessee's obligations hereunder are performed. The term(s) of the lease(s) of the individual pieces of Equipment leased by Lessee hereunder shall commence on the earlier of: (a) the date(s) specified in the Equipment Order Form for those particular pieces of Equipment, or (b) the date the first piece of such Equipment is shipped or transported to or for the benefit of the Lessee. Upon expiration of the term of a specific Equipment lease, the applicable Equipment shall be returned to a location designated by Legacy, in the same condition as when delivered to Lessee, ordinary wear and tear from normal use thereof excepted.

3. Rent: The rental amount for the Equipment shall be the amount set forth on the respective Equipment Order Form for the particular Equipment. Unless otherwise agreed by the parties on the Equipment Order Form for the particular Equipment, rent shall begin at the time the Equipment leaves Legacy's yard and shall continue until such time as the Equipment is returned as set forth above. Rent shall be subject to adjustment as follows: (a) Monthly rates are based upon Equipment use of 160 hours per month and will be pro-rated after the first month for subsequent periods less than one month based on the actual number of days; (b) Weekly rates are based upon Equipment use of 40 hours per week and will be pro-rated for periods less than one week at 1/3 of the base monthly rate; and (c) Daily rates are based upon Equipment use of 8 hours per day. Excess hours of Equipment usage for any period shall be calculated based on the following formula: excess charge equals the applicable rental rate (monthly, weekly or daily) times the fraction of excess hours divided by normal hours for the applicable period. For example, 15 excess hours during one month while the Equipment is rented on a monthly basis would be calculated as follows: applicable rental rate times 15/160. Rental amounts are not subject to any deductions on account of any non-working time of the Equipment (except as provided otherwise herein or as the parties hereto may agree in writing). Lessee shall not be entitled to any abatement of rent, deduction, reduction thereof or set-off, counterclaim, recoupment or defense against rent for whatever reason (except as provided otherwise herein or as the parties hereto may agree in writing). Unless otherwise agreed by the parties on the Equipment Order Form for the particular Equipment, all rent and other amounts arising hereunder (except for reimbursement of damage or accident repair expenses under Sections 10 and 11 below) shall be due and payable net thirty (30) days from date of invoice.

4. Transportation Charges: Unless otherwise agreed in writing by the parties on the Equipment Order Form for the particular Equipment, Legacy, at its own expense, shall load the Equipment F.O.B. at Legacy's yard, factory or other shipping point for transport to Lessee, and, upon return of the Equipment, unload it and pay all demurrage accruing at Legacy's yard, shipping or receiving point. Unless otherwise agreed in writing by the parties on the Equipment Order Form for the particular Equipment, Lessee, at its own expense and risk, shall do all other loading, unloading, set-up, assembly, dismantling and transportation of the Equipment and shall pay all other freight, demurrage, storage, switching, drayage, rigging, trucking or other transportation charges against the Equipment (including but not limited to, fuel costs and taxes, mileage charges, weight and road use permits, highway taxes and any other IFTA taxes) from the time of shipment by Legacy to and including the time of the Equipment's return to Legacy. If the Equipment is transported on its own wheels, Lessee, at its own expense and risk, shall provide a responsible person (at least 21 years of age with a valid driver's license) to accompany the Equipment to and from the shipping and receiving point. Equipment shall be returned to the destination designated by Legacy.

5. Operation Of The Equipment: Lessee shall not subject the Equipment to careless or rough usage and Lessee hereby agrees that the Equipment shall be operated, inspected, maintained and repaired only by experienced, qualified and competent persons under Lessee's supervision and control. The Equipment shall be operated in a safe and lawful manner at all times, and in accordance with the manufacturer's operators manual, OSHA rules and ANSI standards. Lessee's operation of the Equipment shall not exceed the manufacturer's safety requirements and rated load capacities. If the Equipment is a crane, it is to be used as a lift crane ONLY. Demolition, dynamic compaction, pile driving, and clamming work require additional documentation and equipment authorized only by Legacy in writing. Equipment shall not be used when overloaded, while the operator is under the influence of drugs or alcohol in violation of state or federal law, or to carry persons or property for hire.

6. Compliance With Laws: Lessee shall comply with and conform to all laws, regulations, ordinances, rules and orders of any governmental entity relating to the possession, transportation and use of the Equipment, including but not limited to, all OSHA laws and regulations. Lessee shall also comply with all applicable ANSI Standards. Lessee agrees to assume full responsibility, and to the fullest extent allowed by applicable law, shall indemnify, defend and save Legacy harmless against actual or asserted violations of any such laws, regulations or standards, and pay all costs and expenses of every character, including reasonable attorneys' fees, occasioned by or arising out of any use, or loss of use, of any of the Equipment as the result of any violation of law, regulation or standard, while the Equipment is under Lessee's possession, supervision and/or control.

7. Title: This is an agreement of rental only. All Equipment shall remain personal property, and title thereto shall remain in Legacy or its assignee exclusively. Any attachments, accessions, replacement parts, repairs or additions to the Equipment shall automatically become Legacy's property. Nothing in this Agreement shall be deemed to have the effect of conferring any right or title whatsoever in or to the Equipment upon or to Lessee, other than as a lessee thereof. Lessee shall keep the Equipment free from any and all liens, encumbrances and claims whatsoever, and shall not do or permit any act which may encumber or impair Legacy's title or rights in the Equipment. Upon Lessor's request, Lessee shall promptly execute and/or deliver to Lessor all documentation (such as estoppel certificates or a landlord waiver), as Lessor deems necessary or appropriate for the preservation, perfection or enforcement of Lessor's interests in the Equipment and Lessor's rights under this Lease, and if Lessee fails to do so, Lessor may execute such documents on Lessee's behalf and in Lessee's name.

8. Equipment Condition, Inspection, Acceptance: The Equipment is being leased in its "AS IS" condition. Lessee shall inspect the Equipment immediately upon delivery. Within 24 hours after the Equipment is received, Lessee shall certify that the Equipment is in good working condition or notify Lessor in writing that the Equipment is not serviceable, specifying the reason(s) therefore (a "Defect Notice"). See Section 15 below with respect to Lessee's remedy if Equipment is not delivered in good operating condition and Lessee provides a timely Defect Notice in accordance with this Section. The parties agree that the failure to provide a Defect Notice within 24 hours after arrival of the Equipment at the point of destination constitutes an acknowledgment by Lessee that the Equipment has been inspected, accepted and determined to be in good operating condition in accordance with Section 15.

9.Inspection, Maintenance, Repairs And Record Keeping Requirements: Lessee shall effect and bear the expense of all necessary inspections, maintenance, adjustments and repairs required by the Equipment operators manual and by law, and shall maintain the Equipment at Lessee's expense in good working condition (including the making of all repairs occasioned by accident). Lessee shall be responsible for all normal basic service, including filters, lubricants, lubrications, protection against freezing and restoration of parts affected by abnormal exposure. While Legacy shall have the right to inspect the Equipment at any time during normal business hours, Lessee agrees that Legacy has no control over the operation, use, maintenance or repair of the Equipment when it is in Lessee's possession, supervision and/or control. Legacy shall have prompt access to the Equipment to properly maintain and repair same if Lessee fails to do so or upon Legacy's demand, all at Lessee's cost. At Lessee's request from time to time, Legacy agrees to perform certain maintenance or repair work in accordance with Legacy's Rental Equipment Service Policy, a copy of which is attached hereto as Exhibit "B." Legacy retains the right to make or direct all repairs occasioned by any accident, all at Lessee's expense. All repairs must meet manufacturer specifications and equipment must be certified by the manufacturer. OSHA regulations pertaining to the Equipment require daily, monthly (or other periodic) and annual inspections. Lessee agrees to conduct these inspections and otherwise ensure that the Equipment meets, and is operated in accordance with, OSHA requirements and ANSI Standards. Lessee shall keep a written record of all inspections. Lessor also furnishes the following items with each piece of Equipment to assist Lessee with OSHA compliance: crane logbook; operator's manual; fire extinguisher; and load chart. Lessee will be charged a replacement fee equal to the cost to replace each missing item not returned with the Equipment. Lessee shall keep a written record of all inspections and shall be responsible for maintaining the crane log book while the Equipment is in Lessee's possession. Lessee shall be solely responsible for any liability imposed by Lessee's failure to maintain inspection records and crane log books while the Equipment is in Lessee's possession.

10. Damage To Equipment: Lessee shall immediately notify Legacy of any damage to the Equipment. All repairs to the Equipment occasioned by damage during the term hereof shall be at the expense of Lessee (excluding latent manufacturing defects in the Equipment), including, but not limited to, fire, flood, theft, comprehensive losses, collision and/or rollover and Acts of God. All repairs must be authorized by Legacy. All repairs must meet manufacturer specifications and the Equipment must be certified by the manufacturer. If, upon Lessee's return of the Equipment, Legacy determines that the Equipment has been subject to damage or excess wear and tear, improper usage or usage in excess of that permitted hereby, Lessee agrees to pay Legacy immediately upon demand the amount necessary to restore the Equipment to the same condition as when initially leased, ordinary wear and tear from normal use excepted. All risk of loss or damage to the Equipment, accidental or otherwise, shall be borne exclusively by Lessee. Legacy and Lessee acknowledge and agree that the replacement value of the Equipment set forth on the respective Equipment Order Form shall be deemed the value of the Equipment in order to establish the amount of the loss or damage thereto. It is understood that no rent, whether previously paid or due, shall apply to or offset the amounts due from Lessee for such loss or damage to the Equipment. The Lease term and rental period for the particular Equipment shall continue to run until all repairs to such Equipment are fully completed to the sole satisfaction of Legacy, the rent and repair expenses are fully paid (excluding latent manufacturing defects in the Equipment), and the Equipment is returned to Legacy in the same condition as initially leased to Lessee, ordinary wear and tear excepted.

11. Accidents: Lessee shall immediately notify Legacy of any accident involving personal injury and/or property damage arising from the transportation, possession, use, maintenance or repair of the Equipment. Lessee shall immediately deliver to Legacy any summons, pleading, notice, or paper of any kind involving any claim, suit or proceeding relating to any accident or event involving the Equipment. Lessee shall not aid or abet the assertion of any such claim, suit or proceeding, and shall fully cooperate with Legacy in investigating and defending the same.In the event of damage to the Equipment however so caused during the term of the Lease, and notwithstanding anything to the contrary contained herein, (i) Lessee shall immediately and properly secure the Equipment and the accident location for Legacy's inspection, and take such actions as are necessary to permit Legacy immediate and unobstructed access (including egress and ingress) to the Equipment, (ii) Lessee shall not disassemble, move or remove the Equipment at or from its then current location as of the time of the damage or otherwise permit the movement, disassembly or transportation of the Equipment from its then current location prior to Legacy's inspection thereof without the prior written consent of Legacy, unless the presence of such damaged Equipment could reasonably be foreseen to pose a material safety or other hazard at the site, and in such event, Legacy shall be provided reasonable advance notice of Lessee's intent to move, remove or disassemble the Equipment and the parties shall work together in good faith to agree on the terms thereof, (iii) Legacy may, at its option, take possession of the Equipment, (iv) Legacy shall have the exclusive right to direct and control the movement, removal, disassembly and transportation of the damaged Equipment and the destination thereof; and (v) Legacy shall have the exclusive right to repair and direct the repair of the Equipment; it being the express intent of the parties that Legacy shall have immediate access to, and right of retrieval and repair of, any damaged Equipment, however, that the exercise of any right of possession or repair or other right by Legacy pursuant to subsections (i) – (v) hereof shall not in any way affect or terminate any of Lessee's obligations under this Lease, and the payment of rent and all other obligations shall continue until such Equipment is returned to Legacy in the same condition as when initially leased, ordinary wear and tear from normal use excepted, and subject to the term of the applicable Equipment lease. All actions taken under this Section 11 shall be at the sole expense of Lessee, including all repairs, and Lessee shall pay such expenses upon demand.

12. Insurance: Lessee, at its expense, shall take out, carry and maintain the insurance specified herein, in full force during the term of this Lease, and prior to taking delivery of the Equipment:Primary, non-contributing without regard to any "Other Insurance" clause, comprehensive general liability insurance, including contractual liability, protecting against liability for property damage and personal injury or death arising out of the possession, use, operation, maintenance and repair of the Equipment, with limits of liability not less than $2,000,000 each occurrence; and a $2,000,000 general aggregate;Automobile liability, protecting against liability for property damage and personal injury or death arising out of the possession, use, operation and transportation of the Equipment, with limits of liability not less than $ 1,000,000 each occurrence;Inland marine all risk coverage (physical damage insurance), with any overload, boom and jib exclusion deleted, for the full replacement value of the Equipment in the amount indicated on the face hereof;Umbrella liability with limits of liability of not less than $3,000,000; and Workers' compensation and employer's liability insurance, in accordance with all applicable state and federal laws, with limits of at least the statutory minimum or $1,000,000, whichever is greater.All insurance required hereunder shall be deemed primary, non-contributory insurance of Lessor; shall name Lessor as an additional insured party (using ISO Form GC 20 10 or equivalent) and loss payee; shall be maintained with insurance companies with an A.M. Best rating of A- or higher and licensed and/or authorized to do business in the jurisdiction of the jobsite location; shall provide a waiver of subrogation with respect to the general liability, excess, inland marine all risk and auto coverage; and shall provide that the coverage thereunder may be altered or canceled only after not less than 30 days prior written notice to Lessor. Lessee is solely responsible for any insurance premiums and deductibles, and loss of usage of the Equipment. No "Other Insurance" provisions shall be applicable to Lessor or their underwriters by virtue of being named as an additional insured party and/or loss payee under the policy. Lessee shall furnish Lessor with certificate(s) of insurance evidencing such coverage. Lessor's policies shall be considered excess over all Lessee's policies. Indemnification obligations by Lessee under this Lease are in addition to the insurance coverage required herein; and Lessee's maintenance of any such insurance coverage shall not operate to waive any such indemnification obligations. If Lessee fails to procure and maintain the required physical damage insurance coverage in accordance with this Section 12, Lessor shall have the right (but not the obligation), without notice and at Lessee's expense, to place such insurance coverage and/or enroll Lessee in any force-placed or waiver program maintained by Lessor from time to time, and Lessee shall pay the cost thereof upon the terms set forth in Lessor's invoice made in accordance with the provisions of Section 13 hereof. To the extent Lessee may perform under this Lease without obtaining the required insurance coverage, such an occurrence shall not operate in any manner as a waiver of Lessor's right to maintain any breach of contract action against Lessee.

13. Payment: In addition to the payment of the rent specified on any Equipment Order Form, Lessee shall pay Legacy upon demand: all taxes, levies, assessments, fees and other public charges against or upon any of the Equipment, including, but not limited to, personal property taxes, if applicable; all fines, penalties, forfeitures, court costs, expenses and attorneys’ fees arising with respect to Lessee's possession, transportation, use, supervision, control, maintenance or repair of the Equipment, including but not limited to any parking, traffic or other violations assessed against the Equipment, Legacy or Lessee; Legacy's costs and expenses, including reasonable attorneys’ fees, incurred in enforcing this Lease, collecting any amounts due hereunder, or in repossessing the Equipment; and All cost of repairs and any related expenses. Any payments more than thirty (30) days past due under this Lease shall bear interest at 1.5% per month (or the maximum rate allowed by law, whichever is higher).
Any and all personal property, sales (unless collected by Legacy), use or other taxes which may be applicable to the Equipment by reason of this Lease or to the rental payments payable hereunder shall be paid and reported by Lessee directly to the appropriate governmental agency charged with the assessment and collection of such taxes, and evidence of such payments shall be provided to Legacy upon its request.

14. INDEMNIFICATION: See the state specific indemnity language attached to the end of these terms and conditions that shall govern the indemnity obligation owed by the Lessee to the Lessor.

15. Disclaimer Of Warranties And Remedies: LESSOR WARRANTS THAT THE EQUIPMENT WILL BE DELIVERED IN GOOD OPERATING CONDITION. LESSOR'S SOLE RESPONSIBILITY, AND LESSEE'S SOLE REMEDY, UNDER THE ABOVE WARRANTY SHALL BE, AT ITS OPTION, TO EITHER REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A COMMERCIALLY REASONABLE TIME. THE ABOVE WARRANTY IS CONTINGENT UPON PROPER USE OF THE EQUIPMENT BY LESSEE AND SHALL NOT APPLY IF ADJUSTMENT, REPAIR OR REPLACEMENT IS REQUIRED BECAUSE OF ACCIDENT, MISUSE, IMPROPER HANDLING, OPERATION, MAINTENANCE, UNUSUAL PHYSICAL STRESS OR WEATHER CONDITIONS. THE FOREGOING IS THE EXCLUSIVE AND ENTIRE WARRANTY GIVEN IN CONNECTION WITH THE EQUIPMENT WHICH EQUIPMENT IS OTHERWISE BEING LEASED IN "AS IS" CONDITION. LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT. LESSOR MAKES NO OTHER WARRANTY AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSOR SHALL NOT BE LIABLE FOR ANY DELAYS, WORK STOPPAGES, LOSS OF USE OF EQUIPMENT, LOST TIME, INCONVENIENCE, LOST PROFITS OR ANY OTHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE AND/OR REPAIR OF THE EQUIPMENT, OR ANY LOSS, DAMAGE OR INJURY RESULTING THEREFROM.

16. Default: Time is of the essence with respect to Lessee's performance of its obligations under this Lease. Lessor may declare this Lease in default if any one or more of the following occurs: (a) Lessee fails to make any payment required hereunder when due; (b) Lessee fails to maintain in force at all times the required insurance; (c) Lessee fails to properly operate, maintain or repair the Equipment; (d) Lessee fails to observe or perform any other covenant or requirement of this Lease, which failure is not cured to Lessor's satisfaction within five (5) days after Lessor's notice to Lessee thereof; (e) Lessee attempts to sell, transfer or encumber the Equipment; (f) a voluntary or involuntary proceeding is instituted in any court of competent jurisdiction, seeking a decree or order (i) for relief in respect of Lessee under any applicable bankruptcy, insolvency, reorganization, assignment for the benefit of creditors, or other similar law, or (ii) for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of Lessee or its property, or (iii) for the winding up or liquidation of the Lessee's affairs; (g) Lessee shall generally fail to pay its debts as they come due; and/or (h) Lessee, in Lessor's opinion, shall become financially insecure. At any time after such declaration, Lessor may enter, with or without legal process, any premises where the Equipment is located and take possession thereof. Lessee shall provide Lessor with unobstructed ingress and egress for such purpose. Furthermore, Lessee shall immediately pay to Lessor all amounts then due hereunder and all costs of removal and repossession of the Equipment. Lessor's remedies herein shall be cumulative and are in addition to all other remedies existing at law or in equity, including, but not limited to, the following: (a) terminate this Lease and all rights of Lessee hereunder; (b) to declare the entire unpaid rent due (including any rent accruing during any minimum rental term) to be immediately due and payable; (c) to enter the premises where the Equipment is located, take possession of and remove the Equipment or render the Equipment inoperable, with or without legal process; (d) to demand that Lessee surrender and deliver up possession of the Equipment to Lessor; (e) with or without terminating this Lease, to re-let the Equipment on such terms and conditions as are then available and otherwise acceptable to Lessor, and apply rent payments received, after deduction of all costs and expenses incurred by Lessor, to amounts due from Lessee under this Lease; and (f) within Lessor's sole discretion, but without any obligation, to take such action or make any payment to remedy any default, including but not limited to, procuring any required insurance coverage, paying any fine, imposition, penalty, taxes or fees incurred to recover and/or release the Equipment from any forfeiture, seizure, confiscation or similar proceeding, or from any lien or other encumbrance imposed on the Equipment, all such payments of which shall be reimbursed by Lessee. In addition to the payment of any amounts due Lessor hereunder, Lessee shall be responsible for and shall reimburse Lessor for all costs and expenses incurred by Lessor in connection with the exercise of any rights and remedies hereunder, including all expenses incurred in the removal and transportation of the Equipment to Lessor's premises, any cleaning, service and/or repair of the Equipment, and in the enforcement of the terms and conditions of this Lease or damages recoverable hereunder, including costs of collection and reasonable attorneys’ fees (including fees and expenses incurred in any bankruptcy proceeding or on appeal).

17. No Assignment Or Sublease: This Lease may not be assigned by Lessee and the Equipment may not be offered by Lessee for use or sublet to any other person or entity without Legacy's prior written consent (which consent may be withheld for any reason). Any consent by Legacy to an assignment or sub-lease shall not release Lessee from any obligations under this Lease.

18. Legacy's Right To Effect Compliance: If Lessee fails to comply with any provision of this Lease including, but not limited to, the obligation to pay or satisfy any taxes, liens, insurance premiums or other charges, Legacy shall have the right, but shall not be obligated, to effect such compliance in whole or in part, and all costs and expenses shall be paid by Lessee immediately upon demand by Legacy. Legacy's effecting such compliance shall not constitute a waiver of any default by Lessee hereunder.

19. Lifting Lugs, Rigging And Apparatus: Lessee hereby assumes all responsibility and liability for the adequacy of design and strength of any lifting lug or device embedded in or attached to any object, and any and all rigging or lifting apparatus (even if such rigging or lifting apparatus is supplied by Legacy to Lessee), and Lessee will indemnify and hold Legacy harmless from any and all actions, causes of action, claims, suits, demands, investigations, obligations, judgments, losses, costs, liabilities, damages, fines, penalties and expenses, including attorneys’ fees arising or resulting therefrom.

20. Full Agreement, Governing Law, Waiver, Severability: This Lease, together with any addenda attached, constitute the full agreement of Lessor and Lessee. Any changes to this Lease must be evidenced in writing signed by Lessor and Lessee. This Lease shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and permitted assigns. This Lease shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Alabama, applied without giving effect to conflicts-of-law principles. Any controversy or claim arising out of or relating to this Lease shall be brought exclusively in, and the parties irrevocably submit to, the jurisdiction of the state and federal courts of the State of Alabama sitting in Mobile County, Alabama, and irrevocably agree that all claims in respect of such action or proceeding shall be heard and determined exclusively and only in and by either of the state or federal courts sitting within Mobile County, Alabama. Furthermore, the parties irrevocably waive and agree not to assert by way of motion, as a defense or otherwise in any such action or proceeding, any claim that any party is not personally subject to the jurisdiction of the state or federal court sitting in Mobile County, Alabama, that such action or proceeding is brought in an inconvenient forum, that the venue of such action or proceeding is improper or that this Lease may not be enforced in or by such state or federal court sitting in Mobile County, Alabama. The parties agree that process against another party may be served by delivery of service of process by certified or registered mail. Headings are provided for convenience only, not for interpretation of this Lease. Lessor and Lessee are independent contractors, and neither Lessee nor any operator of the Equipment shall be deemed to be the agent, servant or employee of Lessor for any reason or purpose. No failure of Lessor to enforce performance of any terms or covenants, or to exercise or delay in exercising any right, under this Lease shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.
21. Assembly and Disassembly: If applicable, the parties agree that any and all Equipment mobilization and/or demobilization costs including but not limited to, assembly, erection, reconfiguration, disassembly or other movement of the Equipment, were quoted by Legacy based on "Standard Activity." Standard Activity means mobilization and demobilization during the following minimum weather conditions, and otherwise absent a force majeure: (i) ambient temperature in excess of twenty (20) degrees Fahrenheit; (ii) sustained winds (including gusts) less than twenty (20) miles per hour; (iii) no precipitation in the form of snow or ice; or (iv) minor precipitation in the form of rain (less than one (1) inch per twenty-four (24) hour period. Rates for Standard Activity apply eight (8) hours per day Monday through Friday (excluding holidays). Rates for mobilization and/or demobilization which do not fall within Standard Activity (the "Non-Standard Rates") shall be provided to Lessee prior to any such costs being incurred and the parties hereto shall cooperate in good faith to schedule such mobilization and/or demobilization on a cost efficient basis.
22. Miscellaneous: No obligation of Legacy hereunder shall survive the term hereof. Any cancellation or termination by the parties pursuant to the provisions of this Lease shall not release Lessee from any then outstanding obligations to Legacy hereunder. Legacy's failure at any time to require strict performance by Lessee of any of the provisions of this Lease shall not waive Legacy's right to demand strict compliance therewith or with any other provision hereof; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right. Any notices hereunder shall be in writing and addressed to the party to be notified at the address set forth below, and shall be deemed validly given (i) three (3) days following deposit in the U.S. certified mails (return receipt requested), postage prepaid, or (ii) the next Business Day after such notice was delivered to a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement satisfactory with such carrier, made for the payment thereof, or (iii) upon receipt of notice given by facsimile, email, telegram, telex or personal delivery:
To Legacy:
Legacy Equipment, Inc.
1200 Radcliff Road
Creola, AL 36525
Attention: Riley Anderson
Phone: 251-410-6191

With a copy to:
C. William Daniels, Jr.
Taylor Martino
Suite 2100
455 Saint Louis St.
Mobile, AL 36602

To Lessee:



                        (Attention)
                        (Fax No.)

or, as to each party, at such other address as shall be designated by such party in a written notice to the other party. If any provision of this Lease is held to be invalid or illegal by a Court of competent jurisdiction, the invalid or illegal term will be deemed excluded from this Lease and will not invalidate the remaining terms of this Lease.
LESSEE AND LEGACY EACH KNOWINGLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) IN CONNECTION WITH THIS LEASE, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, THE CONDUCT OF THE PARTIES, OR THE TRANSACTIONS RELATED HERETO.
INDEMNITY PROVISIONS THAT WILL APPLY DEPENDING ON THE SPECIFIC STATE LAW USED TO ENFORCE THE INDEMNITY OBLIGATION BETWEEN THE PARTIES.

1. This indemnity clause applies to projects in ALABAMA. TO THE FULLEST EXTENT ALLOWABLE BY LAW, LESSEE SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY CLAIM, SUIT, ALLEGATIONS, ARBITRATIONS, JUDGMENT, DAMAGE, INJURY, LOSS, COST, EXPENSE OR PENALTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ATTORNEYS' FEES (TOGETHER, "CLAIMS"), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT INCLUDING WITHOUT LIMITATION, CLAIMS CONNECTED WITH OR RESULTING FROM THE SELECTION, ACCEPTANCE, DELIVERY, SUPERVISION AND/OR USE OF THE EQUIPMENT BY LESSEE AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES. THE DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS INDEMNITEES EXISTS WHETHER OR NOT BASED IN WHOLE OR IN PART UPON THE ACTIVE, PASSIVE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES. LESSEE’S OBLIGATION FOR CONTRACTUAL INDEMNITY AS PROVIDED FOR HEREIN SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND CLAIMS BETWEEN AN INDEMNITEE AND LESSEE. THIS SECTION SHALL BE INTERPRETED AS PROVIDING THE BROADEST INDEMNIFICATION PERMITTED BY LAW AND SHALL BE LIMITED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SAID LAW.

2. This indemnity clause applies to projects in ARKANSAS, ARIZONA, INDIANA, MICHIGAN, SOUTH DAKOTA AND WISCONSIN - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for any claim caused by or resulting from the sole negligence or willful misconduct of the Lessor, the Lessor’s agents, servants, or independent contractors who are directly responsible to the Lessor. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers’ compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lesse’s additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment. or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third-party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

3. This indemnity clause applies to projects in COLORADO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employee and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lesser's obligation hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Pursuant to C.R.S.A. 13-21 -111.5, Lessee shall not be required to indemnify, insure or defend in litigation for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the Lessor or any third party under the control or supervision of the Lessor. However, the obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation. or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts or other employee benefits acts. The Lessee's obligations here under shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator /adjusters' fees and costs, experts' fees and costs, costs of storage and down time for inability to use t be Equipment, and costs of testing of property, equipment, or other items) initialed by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters in to any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property, or all of these.

4. This indemnity clause applies to projects in GEORGIA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to person, including Lessor’s employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claim specified herein, including all court a/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor’s own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, pursuant to Georgia Code § 13-8-2, Lessee shall not be required to indemnify, hold harmless, insure, or defend Lessor, including Lessor’s officers, agents, or employees against liability or claims for damages, losses, or expenses, including attorneys’ fees arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the Lessor or its officers, agents, or employees. The obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers’ compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee’s additional obligations hereunder, Lessee shall bear the Cost of any investigation or adjustment (including but not limited to, attorney’s fees and costs, private investigator/adjuster fee and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and cost of testing of property, equipment or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

5. This indemnity clause applies to projects in ILLINOIS, IOWA, KANSAS, MINNESOTA, MISSISSIPPI, MISSOURI, NEBRASKA, AND NORTH DAKOTA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own negligence. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared in valid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

6. This indemnity clause applies to projects in MONTANA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to Montana Rev. Code 28-2-2111, Lessee shall not be required to indemnify, hold harmless, insure, or defend the Lessor for liability, damages, losses or costs caused by the negligence, recklessness, or intentional misconduct of Lessor. However, the obligations hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under workers' compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligation, hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor 's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

7. This indemnity clause applies to projects in WYOMING - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents h armless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and /or arbitration costs, filing fees, attorney's fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault. whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.

8. This indemnity clause applies to projects in DELAWARE - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to person, including Lessor's employees, of loss, damage, or injury to property, including the equipment arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own negligence, whether sole or partial. It is hereby agreed that Lessor's liability for damage caused by Lessor's negligence shall be limited to the amount of Lessor's liability insurance. The indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including: any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and (costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased equipment, whether or not such accident involves personal injury, death or damage to the leased equipment or other property or all of these.

9. This indemnity clause applies to projects in IDAHO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include all costs and expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorney's fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, in direct or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for liability for damages arising out of bodily injury to persons or damage; to property caused by or resulting from the sole negligence of the Lessor, the Lessor's agents, employees or indemnitees The indemnification provision above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind. when such accident, or occurrence happens, involving directly or indirectly the leased equipment, whether or not such accident involves personal injury, death or damage to the leased equipment or other property or all of these.

10. This indemnity clause applies to projects in OREGON - To the fullest extent permitted by law, Lessee agrees to indemnify. defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees. of loss. damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to ORS 30.140(1), Lessee shall not be required to indemnify, insure, or defend in litigation for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the Lessor or any third party under the control or supervision of the Lessor. However, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs , private investigator /adjusters' fees and costs, experts' fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property, or all of these.

11. This indemnity clause applies to projects in NORTH CAROLINA - To fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court a n d/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall not be required to indemnify or hold harmless Lessor for Lessor, Lessor's independent contractors, agents, employees, or indemnities against liability for damage arising out of bodily injury to persons or damage to property proximately ca used by or resulting from the negligence, in whole or in part of the Lessor or the Lessor's independent contractors, agents, employees or indemnities. However, the Lessee shall indemnify and hold harmless the Lessor and Lessor's independent contractors, agents, employees, and indemnities, against liability for damages resulting from the sole negligence of the Lessee or its agents or employees. It is hereby agreed that Lessor's liability for damage caused by Lessor's negligence shall be limited to the amount of Lessor 's contractually required liability insurance coverage. The indemnification obligation hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident in volves personal injury, death or damage to the leased Equipment or other property or all of these.

12. This Indemnity clause applies to projects In SOUTH CAROLINA - To the fullest extent permitted by South Carolina law, Lessee agrees to indemnify, defend and save lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of lessee's operation. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify lessor for damages arising out of bodily injury or property damage proximately caused by or resulting from the sole negligence of lessor, its independent contractors, agents, employees, or indemnities. Nothing contained in this section shall affect a promise or agreement whereby the lessee shall indemnify or hold harmless the lessor or the Lessor's independent contractors, agents, employees, or indemnitees against liability for damages resulting from the negligence, in whole or in part, of the lessee, its agents or employees. The provisions of this section shall not affect any insurance contract or worker's compensation agreement. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of the Lessee’s additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorney's fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and downtime for inability to use the Equipment, and costs of testing of property, equipment, or other initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

13. This indemnity clause applies to projects in TENNESSEE - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee’s operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the Lessee shall not be required to indemnify Lessor for any claim caused by or resulting from the sole negligence or willful misconduct of the Lessor, the Lessor's agents, servants, or independent contractors who are directly responsible to the Lessor. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee 's obligations hereunder shall further not be limited by 1he amount of its li ability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentence of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, cost of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor’s third party adjusters into any accident of any kind, when such accident. or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

14. This indemnity clause applies to projects in WASHINGTON - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss. damage or injury to property, including the Equipment, or liability arising in any manner out of Lessee's operation or services. Lessee 's obligations hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall have no duty to indemnify or defend for damages arising out of such services or out of bodily injury to persons or damage to property resulting from the sole negligence of the Lessor, its agents or employees. In accordance with RCWA 4.24.115, if liability is caused by or resulting from the concurrent negligence of (i) the Lessor or Lessor's agents or employees, and (ii) the Lessee or the Lessee 's agents or employees, indemnity is valid and enforceable only to the extent of the Lessee's negligence. Further, this agreement specifically and expressly provides for and waives the Lessee's immunity under industrial insurance, title 51 RCW. This waiver was mutually negotiated by the parties. It has been mutually agreed by the parties (Lessor and Lessee) that Lessee waive-s its immunity under the Worker's Compensation Act, Title 51 RCW, as allowed under RCW A 4.24.115(b). The partial indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

15. This indemnity clause applies to projects in OHIO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s obligations hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys' fees and costs of settlement. It has been mutually agreed by the parties (Lessor and Lessee) that Lessee waives its immunity under the Worker's Compensation Act, Title XLI, Chapter 4123, as allowed under R .C. 4123.74. Lessee shall not be required to indemnify Lessor for Lessor's own negligence. However, the indemnification obligation hereunder shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligation. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase. or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor’s insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

16. This indemnity clause applies to projects in LOUISIANA • (FOR ALL CONSTRUCTION CONTRACTS PURSUANT TO LSA -R.S. 9:2780.1 EXCEPT FOR CONTRACTS FOR WELLS FOR OIL, GAS, OR WATER, OR DR I LLING FOR MATERIAL PURSUANT TO LSA-R.S. 9:2780) - To the fullest extent permitted by law under LSA-R.S. 9:2780.1, Lessee agrees to indemnify, defend and save Lessor, its employees and agents, and third parties harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorney’s fees and costs of settlement. Lessee shall not be required to indemnify Lessor, Lessor’s agents or employees, or any third parties over which Lessee has no control, for Lessor's own negligence, intentional acts or omissions or the negligence, intentional acts or omissions of any agent or employee of lessor. However, the indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations, except that where it is evident the Lessee has recovered the cost of required insurance in the contract price, the Lessee 's liability shall be limited to the amount of the proceeds that were payable under the insurance policies Lessee was required to obtain.. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated hy the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.INDEMNIFICAITION (FOR A LL CONTRACTS RELATED TO WELLS FOR OIL, GAS, OR WATER, OR DRILLING FOR MINERALS PURSUANT TO LSA-R.S. 9:2780) - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessees employees. of loss, damage or injury to property, including the equipment, arising in any manner out of Lessee's negligence. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and /or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall not be required to indemnify Lessor for Lessor's own or concurrent negligence. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.Statutory employer: With respect to work performed in Louisiana, pursuant to and in accordance with Louisiana Worker's Compensation Act, La. R.S. 23:1021, et seq., including but not limited to R.S. 23:1061, Lessor and Lessee agree that a statutory relationship exists between Lessor and Lessee's employees and Owner and Lessor's employees. Lessor and Lessee agree that all work performed by Lessor and its employees is part of Owner's and Lessee's trade, business or occupation and is an integral part of and is essential to the ability of Owner and Lessee to generate the Owner's and Lessee's goods, products and services. Lessor and Lessee agree that Owner and Lessee are principal and statutory employers of Lessor's employees. The above notwithstanding, Lessor shall remain solely and primarily responsible and liable for the payment of Louisiana worker's compensation benefits and insurance premiums to and for its employees and shall not be entitled to any contribution or indemnity for any such payments from Owner or Lessee.

17. This indemnity clause applies to projects in NEW MEXICO - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify hereunder shall include costs or expenses arising out of cl aims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to NM ST § 56-7-1, Lessee shall not be required to indemnify, hold harmless, insure, or defend against liability, claims, damages, losses or expenses, including attorneys' fees, arising out of bodily injury to persons or damage to property caused by or resulting from, in whole or in part, the negligence, act or omission of the Lessor, its officers, employees or agents. However, the indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor 's third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

18. This indemnity clause applies to projects in OKLAHOMA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from claims for death or injury to persons, including Lessor's employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee's operation. Lessee's duty to indemnify here under shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Pursuant to OK ST T. 15 § 221, Lessee shall not be required to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, which arises out of the negligence or fault of the Lessor, its agents, representatives, subcontractors, or supplies. However, the Indemnification obligation above shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for the Lessee under worker's compensation acts, disability benefit acts, or other employee benefit acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance, and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment and costs of testing of property, equipment, or other items) initiated by the Lessor, Lessor's insurance carriers or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves persona l injury, death or damage to the leased Equipment or other property or all of these.

19. This indemnity clause applies to projects in FLORIDA - To the fullest extent permitted by law, Lessee agrees to indemnify, defend, and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor 's employees, of all loss, damage or injury to property, including the Equipment, arising directly, indirectly, or in any manner out of Lessee's work, use, operation, and/or possession of the crane and operator. Lessee's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature and whether the damages claimed are caused in whole or in part by the acts, errors or omissions of the Lessor or its employees and agents. However, the indemnification above shall not be limited in any way by any limitation on the type of damage, compensation or benefits payable by or for the Lessee under workers compensation acts, disability benefits acts, or other employee benefits acts, If this contract is for the performance of work on a public project, Lessee's indemnification obligations are further limited by FL ST §725.06(2) and (3). Specifically, on public projects Lessee shall only indemnify, hold less and defend Lessor and its employees and agents from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrong misconduct of Lessee and persons employed or utilized by Lessee in the performance of the public project. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys' fees and costs, private investigator /adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor's insurance carriers, or Lessor's third party adjusters into any accident of any kind, when such accident or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death, or damage to the leased Equipment or other property or all of these . Pursuant to the provisions of FL ST § 725.06 the parties hereby agree that the indemnification obligations of the above paragraph are limited to the amount of $10,000,000. The parties hereby further agree that this limitation bears a commercially reasonable relationship to the contract and is incorporated as part of the project specifications or bid documents, if any, and further, that the amounts of the indemnification limitation specified herein bear a commercially reasonable relationship to the contract in light of the risks to person and property which may arise from or relate to the project and work contemplated by this agreement, Lessor and Lessee expressly acknowledge and agree that these indemnification provisions pertain only to claimed damages arising from this contract or its performance and, also, that these provisions shall not require Lessee to indemnify Lessor for damages to persons or property caused in whole or in part by any act, error, or omission of a party other than: (a) Lessee; (b) Lessee's contractors, subcontractors, sub-sub contractors, material men, or agents of any tier or their respective employees; or, (c) the Lessor or its officers, directors, agents or employees provided, however, such indemnification shall not include claims of, or damages resulting from gross negligence or willful, wanton, or intentional misconduct of the Lessor or its officers, directors, agents or employees, or for statutory violations or punitive damages except and to the extent the statutory violations and punitive damages are caused by or result from the acts, errors or omissions of the Lessee or any of Lessee's contractors, subcontractors, sub-sub contractors, material men, or agents of any tier or their respective employees.

20. This indemnity clause applies to projects in TEXAS - (FOR ALL CONTRACTS EXCEPT FOR CONTRACTS PERTAINING TO A WELL FOR OIL, GAS, OR WATER OR TO MINE FOR A MINERAL) - TO HIE FULLEST EXTENT PERMITTED BY LAW, LESSEE AGREES, TO THE EXTENT NOT CAUSED BY THE NEGLIGENCE OF LESSOR, TO I NDEMNIFY, OEFEND, AND SAVE LESSOR , ITS EMPLOYEES, AND AGENTS HARMLESS FROM ALL CLAIMS FOR DEATH OR INJURY TO PERSONS (INCLUDING LESSOR'S EMPLOYEES), ALL LOSS, DAMAGE OR INJURY TO PROPERTY, (INCLUDING THE EQUIPMENT), ARISING IN ANY MANNER OUT OF LESSEE'S NEGLIGENCE, GROSS NEGLIGENCE, OR MISCONDUCT ARISI NG OUT OF OR RELATING TO THIS AGREEMENT. LESSEE'S DUTY TO INDEMNIFY HEREUNDER SHALL INCLUDE ALL COSTS OR EXPENSES ARISING OUT OF ALL CLAIMS SPECIFIED HEREIN, INCLUDING ALL COURT AND /OR ARBITRATION COSTS, FILING FEES, ATTORNEYS' FEES, AND COSTS OF SETTLEMENT. PURSUANT TO V .A.T.S. INSURANCE CODE §151.102 LESSEE SHALL NOT BE REQUIRED TO INDEMNIFY, HOLD HARMLESS, OR DEFEND ANY PARTY AGAINST A CLAIM TO THE EXTENT CAUSED BY TH E NEGLIGENCE OR FAULT, THE BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATI ON, STANDARD, OR RULE, OR THE BREACH OF CONTRACT OF LESSOR, ITS AGENT OR EMPLOYEE, OR ANY TH I RD PARTY UNDER THE CONTROL OR SUPERVISION OF LESSOR, OTHER THAN LESSEE OR ITS AGENT, EMPLOYEE, OR SUBCONTRACTOR OF ANY TIER. HOWEVER, THE INDEMNIFICATION OBLIGATI ON ABOVE SHALL NOT BE LIM I TED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGE, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE LESSEE UNDER WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. LESSEE'S OBLIGATIONS HEREUNDER SHALL FURTHER NOT BE LIMITED BY THE AMOUNT OF ITS LIABLITY INSURANCE AND THE PURCHASE OF SUCH INSURANCE FOR LESSOR SHALL NOT OPERATE TO WAIVE ANY OF THE ABOVE OBLIGATIONS. THIS PROVISION IS SEPARATE AND DISTINCT FROM ANY OTHER PROVISION OR PARAGRAPH IN THIS CONTRACT, INCLUDING ANY PROVISION OR PARAGRAPH CONCERNING PARTIAL INDEMNIFICATION AND PROCUREMENT OF INSURANCE. IF THIS PARAGRAPH IS DECLARED I NVALI:D, THEN ALL OTHER PARAGRAPHS OF THJS CONTRACT SHALL STAND.MUTUAL INDEMNIFICATION (ONLY FOR CONTRACTS PERTAINING TO A WELL FOR OIL, GAS, OR WATER, OR TO MINE FOR A MINERAL, PURSUANT TO TEXAS CIVIL PRACTICE CODE §127.001-127.007) - TO THE FULLEST EXTENT PERMITTED BY LAW, Lessor and Lessee agree to Indemnify AND DEFEND each other, and each other's contractors and their employees, against loss, liability or damages arising in connection with bodily injury, death, and damage to property of their respective employees, contractors or their employees, and invitees of each party arising out of or resulting from the performance of the contract. This provision only applies to contracts for a well for oil, gas, or water, or to mine for a mineral, pursuant to TEXAS Civil Practice Code §127.001·127.002. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand.

21. All other states not specifically referenced herein - To the fullest extent permitted by law, Lessee agrees to indemnify, defend and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor's employees, of all loss, damage or injury to property, including the Equipment, arising directly, indirectly, or in any manner out of Lessee's work. Lessee’s duty to indemnify here under shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys' fees and costs of settlement. Lessee shall be required to indemnify Lessor for Lessor 's own negligence or fault, whether the negligence or fault of the Lessor be direct, indirect or derivative in nature. However, the obligations here under shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers' compensation acts, disability benefits; acts, or other employee benefits acts. The Lessee's obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. If this paragraph or any other paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Lessee 's additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorney’s fees and costs, private investigator/adjuster fees and costs, expert fees and cost, costs of storage and down time for inability to use the Equipment and costs of testing of property, Equipment or other items) initiated by the Lessor, Lessor’s insurance carrier or Lessor's third-party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

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