Rental Period and Accounts: Civil Project Solutions., LLC (“CPS Rentals”) hereby rents the Equipment to Customer for the
period commencing when the Equipment leaves CPS Rental’s premises, or is delivered to customer, and ending upon its
return to CPS Rental’s premises, or is picked up by CPS Rentals, subject to charge for minimum rental period. CPS Rentals may
terminate rental at any time by written notice to Customer and/or by retaking the Equipment. While in Customer’s
possession, no rental allowance will be made for Sundays, holidays, or time in transit, nor for any period the Equipment is not
actually in use or subject to repair. Any disputed invoices must be brought to the attention of CPS Rentals within fifteen (15)
days of receipt of the invoices, or the invoices/contracts are deemed correct and undisputed. At CPS Rental’s discretion, any
account with a delinquent balance may be placed on a Hold basis, deposits may be required and / or the rental equipment
picked up without notice. Customer agrees that if CPS Rentals refers this Agreement to an agency or attorney for
enforcement, Customer will pay CPS Rental’s reasonable agencies and attorney’s fees and costs, including lien preparation
costs, incurred for the enforcement hereof, whether or not a lawsuit is filed. Customer authorizes CPS Rentals to make
whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade reference(s) can accept this
authorization to disclose to CPS Rentals and/or their respective designees (and any assignee or potential assignee thereof),
Customer information normally released to a prospective creditor including length of time account has been active, average
monthly balances, payment trends, and details of any lending relationship. Customer represents and warrants that customer
is not a “Consumer” as defined in the Federal Consumer Credit Protection Act, or any acts there under, and they waive any
rights granted to them under those acts, their successors, or under other Federal or State Laws pertaining to “Consumer’”
rights. Customer further represents and warrants that all rentals or purchases made, or any credit extended hereunder will
be used solely for business and commercial purposes. The individual who is either a principal of the credit applicant or a sole
proprietorship of the credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of
the credit history of the applicant, hereby consents to and authorizes the use of a consumer credit report on the applicant by
CPS Rentals, from time to time as may be needed, in the credit evaluation process. Terms: NET 30 Upon issuance of Invoice
(Invoice Date). Service charges will be charged on past due amounts at the lesser of 1.5% per month or the maximum
rate permitted by law.
Excess Use Charge: Rental rates are for normal and reasonable use of Equipment not exceeding 8 hours per day, five days
per week (one-shift basis). Excess usage rates are prorated: 2 shifts charged at 1 1/2 times normal rate, 3 shifts charged at 2
times normal rate.
Receipt and Use of Equipment: By accepting delivery, Customer acknowledges that the Equipment is in good working and
secure condition, including all devices and materials needed to use the Equipment. Customer shall not abuse, harm, or
improperly operate the Equipment, and shall possess and operate it in conformance with all applicable laws and regulations.
Customer shall be solely responsible for the operation of the Equipment, and allow only licensed, trained, and experienced
operators to operate the Equipment in accordance with all Equipment specifications and customary safety practices.
Customer shall not allow anyone other than Customer’s qualified employees to operate the Equipment without CPS Rental’s
express written authorization.
Failure of Equipment: In the event of failure of the Equipment, Customer shall immediately notify CPS Rentals and/or return
it to CPS Rental’s premises at Customer’s expense. Without CPS Rental’s written authorization, Customer shall not incur any
expenses for CPS Rentals for the repair of the Equipment.
Tire Repair or Replacement: Customer acknowledges that repair and replacement of tires are not included in the rental rate
and agrees to pay for the repair or replacement of any tires returned to CPS Rentals in a damaged condition, regardless of
the cause of damage, reasonable wear and tear excepted.
Return of Equipment: Customer shall return all of the Equipment to CPS Rental’s premises during CPS Rental’s regular
business hours, in the condition and repair as when delivered to Customer, subject only to reasonable wear and tear.
Customer shall be liable for all damages to or loss of the Equipment occurring because it was not returned within CPS Rental’s
regular business hours. If CPS Rentals has agreed to deliver the Equipment to Customer or to pick up the Equipment from
Customer, Customer shall be responsible for all loss or damage to the Equipment or any third party from time of delivery to
Customer and until picked up by CPS Rentals. The Equipment is considered to be in the possession and responsibility of
Customer until CPS Rentals regains physical possession. Fuel charges will apply if equipment is not returned full.
Hazardous Materials: Customer represents and warrants that it shall return all Equipment, including any and all
attachments, tools and machinery rented from CPS Rentals free of all regulated substances including, but not limited to,
hazardous substances, hazardous materials, hazardous wastes, toxic substances, or pesticides, as those terms are defined in
applicable federal, state, and local environmental laws, regulations, and rules. Customer shall indemnify and hold CPS Rentals
harmless from and against any and all liabilities, imposed on, incurred by, or served against CPS Rentals in any way relating to
Customer’s breach of the above warranty. Lost
or Damaged Equipment: Customer is responsible for all damage, loss, or theft of Equipment up to the fair market value or
cost of repair and rental on the Equipment at the regular rental rate until repairs are completed. Reasonable wear and tear
shall mean the normal deterioration caused by ordinary and reasonable use on a one-shift (eight hours per day, five days per
week) basis. The following shall not be deemed reasonable wear and tear: damage from lack of lubrication or maintenance
such as water and air pressures; damage from collision, overturning, or improper operation, including over- loading or
exceeding the rated capacity of the Equipment; damage in the nature of dents, bending, tearing, staining, and misalignment
to the Equipment; and wear resulting from use in excess of a one-shift basis. Disclaimer of
Warranties and Waiver of Damages: CPS Rentals MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer’s sole remedy for any failure of
or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided CPS Rentals is
notified immediately and the Equipment is returned to CPS Rentals within 24 hours or CPS Rentals is requested to perform
the return. CPS Rentals SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY TO CUSTOMER, CUSTOMER’S
EMPLOYEES, AND CUSTOMER’S PROPERTY, INCLUDING LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
IN ANY WAY CONNECTED WITH THE OPERATION OF, USE OF, DEFECT IN, OR FAILURE OF EQUIPMENT.
Bodily Injury/Property Damage Responsibility to Third Parties: CPS Rentals does not provide, extend, or afford any
insurance coverage to Customer, authorized operator(s) or passengers. If valid and collectible automobile liability protection
or insurance on any basis is available to Customer or any other person and such protection satisfies the financial
responsibility laws, then no liability protection is afforded by CPS Rentals. However, if Customer is in compliance with the
terms and conditions of this agreement, and if CPS Rentals is determined by law to provide liability protection, such liability
protection shall be limited to the minimum financial responsibility limits of the state in which the vehicle is operated.
Indemnity and Hold Harmless: CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CPS RENTALS AND ITS
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AND AFFILIATES (“CIVIL PROJECT SOLUTIONS”)
FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING LEGAL
COSTS , FOR SICKNESS, INJURY TO, OR DEATH OF, AND TO LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY OF, ANY
EMPLOYEE, CONTRACTOR, SUBCONTRACTOR, SUPPLIER, REPRESENTATIVE, AGENT, OFFICER, DIRECTOR, MEMBER,
SHAREHOLDER, OR GUEST OF CUSTOMER OR ITS AFFILIATES (“CUSTOMER GROUP”) OR ANY THIRD PARTY ARISING OUT OF
CUSTOMER GROUP’S POSSESSION, USE, MAINTENANCE, OR RETURN OF THE EQUIPMENT. THIS INDEMNITY SHALL BE
WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE(S) THEREOF, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE
(WHETHER SOLE, JOINT, CONCURRENT, COMPARATIVE, CONTRIBUTORY, ACTIVE, OR PASSIVE), STRICT LIABILITY, PRODUCT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF STATUTE, OR OTHER FAULT OF ANY MEMBER OF
SUNSTATE GROUP, AND WHETHER OR NOT CAUSED BY A PRE-EXISTING OR DEFECTIVE CONDITION OF CPS RENTAL’S
EQUIPMENT. Customer shall notify CPS Rentals immediately if the Equipment is involved in, or a part of, an accident, and shall
furnish CPS Rentals with a complete report of any accident involving Equipment including names and addresses of all persons
involved and all witnesses. Customer is responsible for all damage, injuries or loss arising from any accident or act of any and
every nature whatsoever, relating to the possession or use of the rented Equipment, including, but not limited to, any
damage caused by the failure of any device or material used in hitching the Equipment to a towing vehicle, regardless of who
furnished and regardless of who hitched the Equipment. In the event any covenant in this Section is deemed to be
unreasonable, arbitrary, unenforceable, or against public policy, such covenant will be considered to be divisible with respect
to the scope of Customer’s indemnification obligations, and such lesser scope, as a court of competent jurisdiction may
determine to be reasonable, not arbitrary, and not against public policy, will be effective, binding, and enforceable.
Failure to Deliver: Customer releases and discharges CPS Rentals from any and all liability or damages (including
consequential and special damages) which might be caused by CPS Rental’s failure or inability to deliver any Equipment by
any specified date or time.
Insurance: Customer shall maintain Commercial General Liability insurance covering all operations and contractual
obligations (including the indemnity obligation set forth in Section) with minimum limits of $1,000,000 per occurrence and
shall name CPS Rentals as additional insureds thereon with a waiver of subrogation. Customer’s worker’s compensation
coverage shall also include a waiver of subrogation provision for CPS Rentals. Customer’s insurance shall be primary
insurance as to any insurance carried by any member of CPS Rentals. Customer shall provide coverage for CPS Rentals for
any losses, claims, accidents, or occurrences arising out of Customer’s use of the equipment, including for claims of
negligence or other wrongdoing on behalf of CPS Rentals. The parties to this Rental Agreement agree that this is not a
construction contract. Customer shall maintain Commercial Automobile Liability Insurance with limits of at least $1,000,000
per occurrence and shall include coverage for hired and non-owned vehicle liability and physical damage when renting a
licensed, registered (over the road) vehicle. Customer’s insurance shall be primary and shall include a waiver of subrogation
against CPS Rentals.
Subletting and Location: No item of rented Equipment shall be sublet, assigned, re-rented, loaned, or removed from the
location at which Customer represented it was intended to be used, or removed from the State of CPS Rental’s premises,
except by written consent of CPS Rentals.
Retaking of Equipment: If the Equipment is not returned at the termination of the rental or for any reason it becomes
necessary for CPS Rentals to retake the Equipment to protect the Equipment or CPS Rentals from loss or damage, CPS Rentals
and its agents may go upon Customer’s property and retake the Equipment, without notice and legal process, and Customer
waives all rights to a prior judicial hearing. CPS Rentals and its agents may take all action reasonably necessary to retake the
Equipment and Customer waives for himself, agents, and employees all claims for damages and losses, physical and
pecuniary, caused by CPS Rentals retaking the Equipment. Customer agrees to pay all costs and expenses incurred by CPS
Rentals in retaking the Equipment.
Compliance with Law and Safety Restrictions: As CPS Rentals has no control over the use of the Equipment by Customer,
Customer agrees at its sole expense to comply with all laws and regulations, including Occupational Safety and Health
Administration Act of 1970 (OSHA) and all other Federal, State and Local laws, regulations, and ordinances, which may affect
the Equipment, or the operation thereof, while it is in the possession of Customer. Customer shall indemnify and hold
Sunstate Group harmless from any liability or expense, including attorney fees, resulting from any actual or asserted
violations of such laws, regulations and ordinances.
Legal Fees and Venue: Customer shall pay Sunstate’s reasonable legal fees, court costs and agency fees incurred in
enforcing the terms and conditions hereof, as long as Sunstate prevails in such action. Customer agrees that this agreement
is to be construed under the laws of the State of Arizona, and that if legal action is brought to enforce this agreement, that
Maricopa County, Arizona, shall be the jurisdiction and legal venue for said action, provided that CPS Rentals reserves and
Customer agrees to CPS Rental’s right to bring legal action in whatever jurisdiction from which the Equipment was rented,
whose laws, at the option of CPS Rentals, shall govern this Agreement. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL OF
ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE FROM THIS AGREEMENT.
Taxes and Fees: Customer shall reimburse CPS Rentals for any additional fees, charges, or taxes sought to be imposed
against CPS Rentals by any municipal or local subdivision relating to the rental or use of the Equipment by Customer as
provided herein. Additional fees, such as estimated personal property tax and environmental reimbursement fees may apply.
These fees are subject to change at any time.
Authority to Sign: Any individual signing this Rental Agreement represents and warrants that they are of legal age and have
the authority and power to sign this agreement for the Customer.
Entire Agreement: This Agreement constitutes the full and entire agreement with respect to the subject matter thereof. It
may not be amended except by a written agreement signed by both parties.
Accepting of Agreement: By approving Civil Project Solutions as a vendor and submitting your company documents and submitting an
order to Civil Project Solutions, you agree to all terms and conditions stated in this document.