1. Definitions.

"Authorized Individuals" are those individuals that the customer directly or indirectly allows to use the Equipment, are properly trained to use the Equipment, and are not under the influence of any drugs, alcohol, substances, or otherwise impaired. "Customer" is identified on the front side hereof and includes any of its representatives, agents, officers, employees, or anyone signing this contract on its
behalf. "Equipment" is the equipment and/or services identified on the front side hereof, together with all replacements, repairs, additions, attachments, and accessories and all future Equipment rented. "Incident" is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death, or damage to person or property claimed by any person or entity that appears to have occurred in connection with the Equipment. Equipment is considered "Lost" when it is either stolen, its location is unknown, or the customer is unable to recover it for a period of 30 days. "MSLP" is the Equipment manufacturer's suggested list price on or about the date of the Incident relating to the Equipment. "One Shift" means not more than 8 hours per day and 40 hours per week. "Ordinary Wear and Tear" means normal deterioration considered reasonable in the equipment rental industry for One Shift use. "Pick-Up Number" is the number the customer obtains from E.E.S., evidencing the customer's call to pick up Equipment. "Rental Period" commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by E.E.S. during normal business hours, provided the customer has otherwise complied with this contract. "R.P.P." is the rental protection plan described in Section 10. "Site Address" is the location where the customer represents the Equipment will be located during the Rental Period (identified on the front side hereof). "Store" is the E.E.S. location identified on the front side hereof. "E.E.S." is Environmental Equipment Solutions, L.L.C. "E.E.S. Entities" is E.E.S. and its affiliated companies, their respective officers, directors, employees and agents.

2. Terms.

The customer's rental of Equipment is conditioned upon the customer's agreement with this contract and all of its terms. Customer's execution of this contract or taking possession of the Equipment shall be deemed acceptance of the terms herein. All of the terms herein (including on the front side of this contract) are incorporated into this and all past and future contracts between E.E.S. and Customer upon Customer' 's receipt of E.E.S.'s Equipment under those contracts. Any reference in the customer's purchase order or other Customer document to other terms that shall control this transaction shall be void. The customer rents the Equipment from E.E.S. pursuant to this contract. Customer shall pay E.E.S. the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to E.E.S. as required herein, and otherwise comply with this contract. This contract is a true lease. The Equipment (a) is and shall remain the personal property of E.E.S., and (b) shall not be affixed to any other property.

3. Permitted Use.

Customer agrees that E.E.S. has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that customer implicitly or explicitly permits. Customer warrants that: (a) prior to each use, the customer shall inspect the Equipment to confirm that it is in good condition, without defects, includes readable decals and operating and safety instructions and is suitable for the customer's intended use; (b) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if the Customer requests, the customer authorizes E.E.S. to leave the Equipment at the Site Address without the requirement of written receipt); (c) Customer shall immediately notify E.E.S. if the Equipment is Lost, damaged, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any Incident occurs; (d) Customer has received from E.E.S. all information needed or requested regarding the operation of the Equipment; (e) E.E.S. is not responsible for providing operator or other training unless the customer specifically requests in writing and E.E.S. agrees to provide such training (Customer is responsible for obtaining all training that the customer desires prior to the Equipment's use); (f) only Authorized Individuals shall use and operate the Equipment; (g) the Equipment's use shall be in a careful manner, in compliance with all operating and safety instructions provided on, in, or with the Equipment and all applicable federal, state, and local laws, permits, and licenses, including but not limited to OSHA, as revised; and (h) the Equipment shall be kept in a secure location.

4. Prohibited Use.

Customer shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety equipment or instructions; (b) assign its rights under this contract; (c) move the Equipment from the Site Address without E.E.S.'s written consent; (d) use the Equipment in a negligent, illegal, unauthorized, or abusive manner, or in any publication (print, audiovisual, or electronic); or (e) allow the use of the Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties).

5. Maintenance.

The customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer's specifications. All other maintenance or repairs may only be performed by E.E.S. or its agents, but E.E.S. has no responsibility during the Rental Period to inspect or
perform any maintenance or repairs unless the customer requests a service call. If E.E.S. determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, the customer shall pay the full repair charges and rent the Equipment until the repairs are completed. E.E.S. has the right to inspect the Equipment wherever it is located. The customer has the authority to and hereby grants E.E.S. and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. E.E.S. shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer's exclusive remedy for E.E.S.'s breach of this Section.
Notwithstanding E.E.S.'s service commitment, E.E.S. shall have no obligation if the customer breaches this contract to stop the Rental Period, commence repairs, or rent other equipment to the customer until the customer or its agent agrees to pay for such charges.

6. Customer Liability.

DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER
TRANSPORTATION, LOADING, AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, the customer shall (a) immediately notify E.E.S., the police, if necessary, and the customer's insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until E.E.S. or its agents investigate; (c) immediately submit copies of all police or other third party reports to E.E.S.; and (d) as applicable, pay E.E.S., in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced, plus either (i) the MSLP or (ii) the full charges of repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. E.E.S. shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.

7. No Warranties.

E.E.S. does not design or manufacture the Equipment and is not the agent of those that do. E.E.S. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN "AS IS, WHERE IS" BASIS, WITH "ALL FAULTS" AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST E.E.S. ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES E.E.S. ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF E.E.S.'S OBLIGATIONS HEREIN.

8. Release and Indemnification.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS E.E.S. ENTITIES HARMLESS AND AT E.E.S.'S REQUEST, DEFENDS E.E.S. ENTITIES (WITH COUNSEL APPROVED BY E.E.S.), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY'S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF, ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. THE CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS' COMPENSATION IMMUNITY TO THE EXTENT APPLICABLE. CUSTOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of the customer's indemnification obligations under this paragraph shall be joint and several.

9. Insurance.

During the Rental Period, the customer shall maintain, at its own expense, the following minimum insurance coverage: (a) general liability insurance of not less than $1,000,000 per occurrence, including coverage for the customer's contractual liabilities herein, such as the release and indemnification clause contained in
Section 8; (b) property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSLP thereof, unless R.P.P. is elected and paid for at the time of rental; (c) worker's compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b) if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name E.E.S., and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for E.E.S. to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide E.E.S. with certificates of insurance evidencing the coverages required above prior to any rental and any time upon E.E.S.'s request. To the extent E.E.S. Entities carry any insurance, E.E.S. Entities' insurance will be considered excess insurance. The insurance required herein does not relieve the customer of its responsibilities, indemnification, or other obligations provided herein, or for which the customer may be liable by law or otherwise.

10. Rental Protection Plan.

The customer's repair or replacement responsibility in Sections 5 and 6 is modified by the R.P.P. and E.E.S. shall limit the amount E.E.S. collects from customers for the Equipment loss, damage, or destruction to the following amounts for each piece of Equipment: (a) 10% of the MSLP for Lost Equipment, up to a maximum of $500 per piece of Equipment; (b) 10% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $500 per piece of Equipment; (c) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by E.E.S. or Lost Equipment is being replaced; provided, however, the foregoing R.P.P. liability reduction only applies if the Conditions are satisfied, and an exclusion does not apply. The R.P.P. is NOT INSURANCE and does NOT protect the customer from liability to E.E.S. or others arising out of possession, control, or use of the Equipment, including injury or damage to persons or property. THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER'S LIABILITY. All of the following "Conditions" must be satisfied for the R.P.P. and the corresponding liability reduction to apply: (i) Customer accepts the R.P.P. in advance of the rental; (ii) The customer pays 15% of the gross rental charges as the fee for the R.P.P. (plus applicable taxes); (iii) Customer fully complies with the terms of this contract; (iv) Customer's account is current at the time of the loss, theft, damage, or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the R.P.P. does NOT reduce the liability of Customer to E.E.S. for the loss, theft, damage, or destruction resulting from such Exclusion. "Exclusions" shall mean loss, theft, damage, or destruction of the Equipment: (W) due to intentionalmisuse; (X) caused by Lost Equipment not reported by customer to the police within 48 hours ofdiscovery, and substantiated by a written police report (promptly delivered to E.E.S.); (Y) due to Acts of God, such as floods, wind, storms, or earthquakes; and (Z) accessories or Equipment for which the customer is not charged the R.P.P. fee. THE EXCLUSIONS REMAIN THE LIABILITY OF THE CUSTOMER AND ARE NOT MODIFIED BY THE RPP. Notwithstanding anything to the contrary in this contract, if Lost Equipment is later recovered, E.E.S. retains ownership of the Equipment regardless of any payments made by the customer or the customer's insurance company with respect to such Equipment, all of which payments are non-refundable. The customer agrees to promptly return any Equipment that is recovered. E.E.S. shall be subrogated to the customer's rights to recover against any person or entity relating to any loss, theft, damage, or destruction to the Equipment. Customer shall cooperate with, assign E.E.S. all claims and proceeds arising from such loss, theft, damage, or destruction, execute and deliver to E.E.S. whatever documents are required, and take all other necessary steps to secure in E.E.S. such rights at the customer's expense.