Customer Name* First Last Address* Street Address City AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Driver's License #*State*Select OptionAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces PacificExp.Date* Birthdate* Phone*Contact*Address*Phone*Comments Insurance Carrier*Agent*Address*Proof of InsuranceSelect OptionYesNoVerifiedSelect OptionYesNoBy:Legal or Single Trade Name (see form MSC-150) / Us Dot No*(The above are required for any commercial interstate rental over 30 days)Indicate at least one of the following types of Equipment use:* Personal Use Interstate Commerce Intrastate Commerce Vehicle NumberLicense NO./ST.*Make / Year / ModelOdometer OutOdometer InTotal MilesHours OutHours InTotal HoursDate / Time OutDate / Time InDue DateChargeable MilesExcess HoursMaximum PayloadRental Rates Do Not Include FuelChargesHours$ per hour$Days$ per day$Weeks$ per week$Miles$ per mile$Months$ per month$Rental ChargesFuel OutSelect OptionE1/41/23/4FullFuel InSelect OptionE1/41/23/4FullGals$ per gal$Excess use charge of $*Excess use charge per hour each hour over 10 hours per day or 60 hours per week to excess, if aplicable. Customer will certify hours of use in writing to OTE up request.Excess Use $Subtotal $Sales Tax $Subtotal $Less Credits $Total Charges $Less Deposit $Balance Due $Cash Refund $NOTICE: PLEASE READ THE FOLLOWING CAREFULLY: THIS AGREEMENT IS SUBJECT TO REVIEW AND APPROVAL OF CUSTOMER AND ITS INSURANCE BY OTE'S INSURER, AS DETERMINED IN SUCH INSURER'S DISCRETION. NO EQUIPMENT MAY BE LEASED WITHOUT PRIOR WRITTEN APPROVAL FROM OTE'S INSURER AND PROOF OF INSURANCE OF CUSTOMER SATISFACTORY TO OTE'S INSURER.Return Location (If different from OTE address) Street Address City AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Vehicle Condition OutVehicle Condition InCustomer InitialsFUEL: If customer fails to return the equipment with a full fuel tank, OTE may charge customer the cost to refuel the equipment plus a fuel servicing fee. All fuel used in the equipment shall be of a type and grade that meets all manufacturers' recommendations and the requirements of applicable law.Checked Out By:Checked In By:Prepared By:READ BEFORE SIGNING: OTE hereby leases to customer the equipment (As defined in the terms and conditions below) and customer hereby accepts all terms and conditions, should read including the terms conditions set forth below, which the undersigned has read and understands. CUSTOMER SPECIFICALLY AGREES AND ACKNOWLEDGES: (1) Rates do not include fuel or delivery and are based upon no more than 10 hours per day and 60 hours per week use of equipment, except when excess usage charges are shown; (2) Customer pays for all time the equipment is out, including Saturdays, Sundays, and holidays; (3} This rental agreement supercedes all other purchase orders or terms and conditions contained in any of customer's agreements or forms; (4) Customer assumes all risk and is responsible for all damages and other costs, including late charges; (5) Customer shall maintain the vehicle as required by the terms and conditions; and (6) CUSTOMER SHALL CARRY A COPY OF THIS AGREEMENT IN THE EQUIPMENT AT All TIMES DURING THE RENTAL. Details of the above as well as other obligations and responsibilities are contained in the TERMS AND CONDITIONS BELOW. THE INDIVIDUAL SIGNING BELOW AS OR ON BEHALF OF CUSTOMER: (1) AGREES TO All OF THE TERMS AND CONDITIONS LISTED BELOW ON THIS RENTAL AGREEMENT, (2) ACKNOWLEDGES RECEIPT OF THE EQUIPMENT IN GOOD WORKING ORDER, AND (3) IS FULLY FAMILIAR WITH ITS OPERATION AND USE.Customer Signature* Date* Name Printed*Delivered By*Date* RENTAL AGREEMENT TERMS AND CONDITIONS Definitions: "OTE" refers to Omaha Track Equipment, a Nebraska based company, from which the customer has rented the equipment. "Equipment" means any one or more of the items identified as such listed above on this Rental Agreement, including any agent, officer, or employee of Customer. “Facility Location” means the OTE address listed at the top of this agreement. "Rental Period" means the period of time between the "Date and Time Out" and "Date Due- Expiration of Contract" set forth at the top of this rental agreement, except that the Rental Period may terminate earlier as provided elsewhere in these Terms and Conditions. INSPECTION OF EQUIPMENT: Customer acknowledges that customer has inspected the equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for customer's needs. OTE may inspect the equipment at any time, wherever it is located. USE OF EQUIPMENT: Customer will not use or allow anyone to use the equipment: (a) for any purpose or in any manner which violates any applicable laws, regulations, or legal requirements, or the provisions of this Rental Agreement, (b) to transport any human being inside the cargo section of the equipment, (c) to transport persons for hire or for the illegal transportation of any intoxicating liquor, cigarettes, controlled substances, or other contraband, (d) to haul any load that would make the equipment exceed the gross vehicle weight (empty weight of the equipment plus the weight of the load) shown on the equipment or otherwise indicated to the customer, (e) in any area of strike, labor, or civil disruption or violence, (f) to store, treat, transport, or dispose of any regulated, toxic or hazardous substance or waste (including, without limitation, corrosive, infectious, poisonous, flammable, explosive, or radioactive substances and medical waste) as defined in any law, (g) without a license, if required under any applicable law, (h) who is not qualified or permitted hereunder to operate it, or (i) in any location outside the United States of America. NORMAL USAGE AND MAINTENANCE OF THE EQUIPMENT: Customer shall use the equipment for no more than 60 hours per week and no more than 10 hours per day, unless customer has agreed to be responsible for additional use charges as set forth on the face of this rental agreement. Excess use charges shall apply for each hour above such normal use. Customer shall maintain proper oil, water and air pressure levels, lubrication, type of fuel, and, except where OTE expressly assumes the obligation to service or maintain the equipment in writing, other servicing and preventative maintenance as suggested in the manufacturer's operation and maintenance manual. Customer shall maintain complete maintenance records for one (1) year after the termination of this rental agreement, and sha ll provide such records to OTE upon the request of OTE. EQUIPMENT MALFUNCTION: Should the equipment become unsafe, malfunction, or require repair, customer shall immediately cease using the equipment and immediately notify OTE. If such condition is result of normal operation, OTE will repair or replace the equipment with similar equipment in working order, if such replacement equipment is available. OTE has no obligation to repair or replace equipment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect in equipment shall be the termination of any rental charges accruing after the time of failure. RETURN OF EQUIPMENT; DAMAGED & LOST EQUIPMENT: At the expiration of the rental period, customer will return the equipment to the facility location during OTE's regular business hours, such equipment to be in the condition and repair as when delivered to the customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all damages to or loss of the equipment from the time the equipment leaves the facility locations until the equipment is returned to the facility location, including any damage during transit to or from customer. In the case of loss or destruction of any equipment, or inability or failure to return same to OTE for any reason whatsoever, customer will pay OTE the then full replacement list value together with the full rental rate as specified until such equipment is replaced. If the equipment is returned in a damaged or excessively worn condition, customer shall pay OTE the reasonable cost of repair and pay rental on the equipment at the regular rental rate until all repairs have been completed. OTE shall be under no obligation to commence repair work until customer has paid to OTE the estimated cost therefore. A cleaning service charge may apply if the equipment is not returned clean. REASONABLE WEAR AND TEAR: Reasonable wear and tear of the equipment shall mean only the normal wear and tear of the equipment caused by reasonable normal use (including not more than 10 hours per day and 60 hours per week). The following shall not be deemed reasonable wear and tear: (a) damage resulting from lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water, and air pressure levels; (b) except where OTE expressly assumes obligation to service or maintain the equipment in writing, any damage resulting from lack of servicing or preventative maintenance suggestions in the manufacturer's operation and maintenance manual; (c) damage resulting from collision, overturning, or improper operation, including overloading or exceeding rated capacity of the equipment; (d) damage in the nature of dents, bending, tearing, staining, corrosion, and misalignment to or of the equipment or any part thereof; (e) wear resulting from use in excess of normal use for which rented (see section 4 above), and (f) any other damage to equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the equipment shall be made to the reasonable satisfaction of OTE and in a manner which will not adversely affect the operation, manufacturer's design, or value of the equipment. INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD OTE, ITS RELATED OR AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIM, LOSS, DAMAGE, OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, INCIDENTAL AND CONSEQUENTIAL DAMAGES), CAUSED BY OR IN ANY WAY ARISING OUT OF OR RELATED TO THE OPERATION, USE, MAINTENANCE, POSSESSION, TRANSPORTATION, OWNERSHIP OR RENTAL OF THE EQUIPMENT, HOWEVER ARISING AND IRRESPECTIVE OF ANY ALLEGED OR ACTUAL ACT OR FAULT OF THE PARTIES INDEMNIFIED HEREUNDER. DISCLAIMER OF WARRANTIES: OTE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT AND THIS RENTAL TRANSACTION AND HEREBY DISCLAIMS THE SAME, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY: In no event shall OTE be responsible to the customer or any other party for any loss, damage, or injury caused by, resulting from, or in any way connected with the equipment, its operation, or its use, OTE's failure to deliver the equipment as required hereunder, or OTE's failure to report or replace non-working equipment. In no event shall OTE be responsible to customer or any other party for any incidental or consequential damages. In no event shall OTE be responsible for any loss or damage to customer's cargo or other property owned by or in possession of customer or any claims, damages, or losses arising from injuries of any nature whatsoever or death of customer, customer's agents, employees, guests, family, any other occupant or operator of the equipment, or any other person involved in the use of the equipment in any manner. Customer acknowledges and assumes all risks inherent in the operation, use, and possession of the equipment from the time the equipment is delivered to the customer until the equipment is returned to OTE and will take all necessary precautions to protect all persons and property from injury or damage from the equipment. LATE RETURN: Customer agrees that if the equipment in not returned by the end of the rental period, OTE, in its sole discretion, may require customer to do any of the following: (a) continue to pay the rental rate(s) applicable to the equipment as specified above in this agreement, (b) for periods less than 24 hours, pay the full daily rental rate applicable to the equipment, or (c) pay an increased rental rate(s) in effect for similar equipment at the time of, or after, the expiration of the rental period. If customer does not return the equipment within three (3) days after the due date and time specified for it return or upon OTE's demand, or if information provided to OTE by customer is false, OTE may consider the equipment stolen and pursue all appropriate legal actions, both criminal and civil, to recover the equipment. CALCULATION OF CHARGES: Base rental rates are for normal usage based on a 10 hour day and 60 hours per week rate of usage, except as otherwise noted herein (see Section 4 above.) Customer will truthfully and accurately certify to OTE the number of hours the equipment was operated (in writing when requested.) Customer's right to possess the equipment terminates on the expiration of the rental period and retention of possession after this time is a material breach of this rental agreement. TIME IS OF THE ESSENCE. DEPOSIT: In addition to securing the payment of rental charges hereunder, customer agrees that any rental deposit shall be deemed to be a guarantee by customer of the full and complete performance of each and all of the terms, covenants, and agreements to be performed by customer hereunder, and in the event of any breach by customer, the deposit will be credited against any damages, cost, or expense incurred by OTE as a result of the breach. PAYMENT: ALL AMOUNTS DUE HEREUNDER SHALL BE PAYABLE IN FULL UPON the end of the rental period, return of the equipment to OTE, or upon receipt of OTE's invoice to customer, whichever comes first. If the full rental amount is not paid within 14 days from date of invoice, OTE has the right to shut down the unit until payment is made in full. Customer shall pay the rental charge(s) hereunder without any offsets, deductions, or claims. Any deposit given by customer will be applied to and guarantee customer's complete performance of its obligations under this rental agreement. OTE may charge any amounts due OTE, including any fees, penalties and fines pursuant to this rental agreement, against any credit card used in connection with the rental. This section 14 shall survive the termination of this rental agreement. TITLE / NO PURCHASE OPTION / NO LIENS: This rental agreement is not a contract of sale, and title to the equipment shall at all times remain with OTE. Customer shall keep the equipment free and clear of all mechanics and other liens and encumbrances. DEFAULT: Customer shall be deemed to be in default should customer in any way fail to pay any amount when due hereunder, or to perform, observe or keep any provision of this rental agreement, or should the customer become insolvent or files for bankruptcy, or that customer may otherwise become in default. If customer is in default, OTE may do any one or more of the following: (a) terminate the rental period; (b) declare the entire accounts due hereunder immediately due the payable and commence legal action therefore; (c) cause OTE's employees or agents, without notice or legal process, to enter upon customer's property and take all action necessary to retake and repossess the equipment, in which event customer waives all claims for damages and loses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by OTE in retaking and repossessing the same; or (d) pursue any other remedies available by law or in equity. CUSTOMER'S INSURANCE COVERAGE: OTE does not provide insurance for customer's responsibilities and liabilities. Customer agrees to maintain and carry, at its sole cost, adequate liability, physical damage, public liability, property damage, and casualty insurance (such liability insurance to be not less than $2,000,000.00) to cover any damage or liability arising from the handling, transportation, maintenance, operation, possession, or use of the equipment during the entire rental period. All such insurance shall be carried with companies rated A- VIII or better by A.M. Best, shall name OTE as an additional insured and loss payee, and shall primary and not excess of, or contributory with, any other valid and collectible insurance purchased or maintained by OTE. LEASING OF ANY EQUIPMENT TO CUSTOMER SHALL BE SUBJECT TO REVIEW AND APPROVAL BY OTE'S INSURER, WHICH APPROVAL SHALL BE A CONDITION PRECEDENT TO CUSTOMER'S USE OF THE EQUIPMENT HEREUNDER. Customer shall supply to OTE proof of such insurance by a certificate of insurance clearly setting forth the coverage for the equipment in a form satisfactory to OTE and OTE's insurer. NO ASSIGNMENT, LENDING OR SUBLETTING: Customer shall not sublease, assign or loan the equipment without first obtaining the written consent of OTE, and any such action by customer, without OTE's written consent, shall be void. Customer agrees to use and keep the equipment at the job site set forth above on this agreement unless OTE approves otherwise in writing. OTE may at any time, without notice to customer, transfer or assign this rental agreement or any equipment or any moneys or other benefits due or to become due hereunder. PERMITTED DRIVERS: Customer agrees that customer and its permitted users as specified above on this rental agreement (or otherwise permitted by OTE in writing) will be the only driver(s) or operator(s) of any of the equipment, and that customer will not use the equipment in violation of any terms of the rental agreement or law. LONG-TERM RENTALS:This Section 20 shall only apply to rentals of 30 or more days. Customer shall mark the equipment as required by law, without altering OTE's identification on the equipment. TAXES, FEES, PERMITS, TICKETS, AUTHORITIES, AND FINES: Customer agrees to pay for any taxes, special licenses, permits, fees, or tolls required by customer's use and operation of the equipment. Customer agrees to fully cooperate with OTE in filing any and all returns or reports required, if any, by any agency or government body as a result of customers use and operation of the equipment. In addition, customer will promptly pay for all tickets, fines and penalties, including forfeiture or seizure, resulting from the use and operation of the equipment. Customer shall obtain and maintain any operating authorities required by any agency or government body related to customer's use of equipment. OTE COOPERATES WITH ALL FEDERAL, STATE AND LOCAL LAW ENFORCEMENT OFFICIALS NATIONWIDE TO PROVIDE THE IDENTITY OF CUSTOMERS WHO OPERATE THIS RENTAL EQUIPMENT. RECORDKEEPING: OTE will provide customer with forms for customer's daily vehicle mileage and fuel report (the "mileage report"). Customer agrees to fully keep mileage records on the mileage report form for all interstate and intrastate travel. Customer shall provide the completed mileage report, all original fuel receipts, and all other information and documentation requested by OTE (the "records") to OTE for each calendar month which includes any days of the rental on or before the tenth day of the following month. The records may be sent to OTE by U.S. mail at the address on the front of this rental agreement. If customer fails to provide OTE with the records at or prior to the above-mentioned time, customer shall be responsible for all penalties and fees related to such recordkeeping. OTE may immediately assess to customer a non-refundable fee approximating such penalties and fees, including using an estimate of $.30 per gallon of fuel, and 4 miles per gallon, plus a 10% penalty for fuel tax penalties and fees, and customer shall pay OTE for any costs incurred to OTE due to the missing records of customer above the amount of such fee. ENTIRE AGREEMENT: The terms and conditions above in this rental agreement, together with these terms and conditions hereof, represent the entire agreement between the customer and OTE with respect to the equipment and the rental of the equipment. There are no oral or other representations or agreements included herein. Any use of customer's purchase order number on this rental agreement is for customer's convenience only. The terms and conditions of this rental agreement shall control over any conflicting preprinted terms and conditions contained in customer's purchase order or similar documents. ADDITIONAL PROVISIONS: Any failure of OTE to insist upon strict performance by customer of any terms and conditions of this rental agreement shall not be construed as a waiver of OTE's rights hereunder. Customer has carefully reviewed this rental agreement and waives any principle of law which would construe any provision hereof against OTE as drafter of this rental agreement. Any individual signing this rental agreement represents and warrants that he or she is of legal age and has the authority and power to sign this rental agreement on their own behalf and for the customer. Customer agrees to pay all reasonable costs of collection, attorney's fees, and other expenses incurred by OTE in the collection of any charges due under this rental agreement or in connection with the enforcement of its terms. The federal and state courts in the county and state in which the facility location is located shall have exclusive jurisdiction over all matters relating to this rental agreement. Neither customer nor any driver or operator of the equipment shall be or be deemed to be the agent, representative, servant or employee of OTE in any manner or for any purpose. If a court rules that any one or more provisions, or part thereof, in this rental agreement are illegal, invalid, or unenforceable, the remainder of that provision and all other provisions in this rental agreement will remain binding, effective, and fully enforceable. OTE will not be liable to customer if OTE is prevented from performing under this rental agreement by any present or future cause beyond OTE's control, including, but not limited to, acts of God, national emergencies, wars, riots, fires, labor disputes, and federal, state, or local laws, rules or regulations.