ALL RISK PHYSICAL DAMAGE insurance coverage is to be provided by you in the amount of (undisclosed) for this equipment or for crane and boom. TOMCON Industries, Inc. is to be named as loss payee on this insurance policy. This coverage must include overload and boom collapse. In addition, you are responsible for loss of rental revenue due to downtime of this equipment, or crane and boom, resulting from accident or neglect during the rental period specified herein or for any extensions thereof.

From date of delivery until equipment is returned to us, rental rate based on an 8 hour day, 40 hour week, 160 hour Month with all work in excess of this to be charged on a pro-rata basis.

ALL TRANSPORTATION CHARGES from point of delivery to destination and return charges to point of delivery are to be paid by you.

YOU ARE TO ASSUME full responsibility for equipment during rental period, and are to return it to us in as good as received less wear incident to normal use in the hands of a competent operator. No one under 18 years of age is to operate equipment.

WE ASSUME NO LIABILITY for loss, theft or damage on account of accidents, delays due to defective material or to motor or engine troubles or delays in the delivery or removal of equipment. You agree to indemnify us against all loss, damage, expense or penalty arising from any action on account of personal injury or damage to property occasioned by the operation, handling or transportation of this equipment during rental period.

You shall maintain during the term of this agreement comprehensive general liability including contractual with limits no less than $1,000,000 per Occurrence Combined Single Limit-Bodily Injury and Property Damage. Certificate of Insurance indicating coverage to be furnished naming TOMCON Industries, Inc. as an additional insured.

It is understood and agreed that we shall be saved harmless from all court actions and all claims of injuries to persons or property occasioned through the use of this equipment while in your possession.

WE RESERVE THE RIGHT, if rental is in default under the terms of this agreement, or if in our opinion equipment is being damaged in excess of ordinary wear and tear, to take possession of our property at once.

NOTICE: If shipment of this equipment is ordered by Lessee who neglects to return this contract signed, it shall be considered as in full effect when such shipment is made.