1. Definitions. “Xtreme Equipment Rentals” is Xtreme Equipment Rentals, LLC and its affiliated companies, their respective officers, directors, employees, and agents. “Customer” is the Customer named in the rental contract and includes any of your representatives, agents, employees, or anyone signing and or receiving this Contract on your behalf. “Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Rental Period” is the period beginning when the equipment is delivered to Customer, or when Customer takes possession of the Equipment, and ending when the Equipment is picked up by Xtreme Equipment Rental or returned by Customer. “Xtreme Equipment Rental Business Day” is a 10-hour business day.

2. Term. Customer’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of the terms herein for this and all past and future contracts between Xtreme Equipment Rentals and Customer upon Customer’s receipt of Xtreme Equipment Rental’s equipment under those contracts. Customer rents the Equipment from Xtreme Equipment Rentals pursuant to this Contract, which is a true lease. The equipment is and shall remain the personal property of Xtreme Equipment Rentals and shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner.

3. Delivery. Xtreme Equipment Rentals will deliver equipment and pick up equipment between Xtreme Equipment Rentals business hours of 7:00am and 5:00pm, Five days a week except holidays to and from the Customer place of location and or address assigned in the rental contract. Customer agrees to notify Xtreme Equipment Rentals of the time they want the equipment dropped off and picked up ahead of time to avoid or incur late charges. Delivery and pick up are one round trip. Delivery and pick-up include and covers 30 road miles to and from delivery and pick-up details on the rental contract. Additional delivery and pick-up miles will be compensated and charged at $4.50 per road mile. If Customer notifies Xtreme Equipment Rentals of the pick-up too late to accomplish pick up by 5pm on the contract day an additional late pick-up fee of $150.00 will apply. All Equipment will be delivered with full tanks/levels of fuel.

4. Use of Equipment. Customer is responsible for all costs of operation including fuel, oil, cost of operator and any repairs resulting from improper use. Rental rates are for normal “one-shift” usage based on machine meter with a maximum 8-machine meter hours per Business Day. Five Xtreme Equipment Rentals Business Days equals 1 week covering a maximum of 40-meter hours, and 28 Xtreme Equipment Rentals Business Days equals one 4-week Xtreme Equipment Rentals business monthly period covering a maximum of 160-meter hours. Otherwise, non-metered equipment rental rates are for normal “one-shift” usage based on the Xtreme Equipment Rentals Business Day. Any hours over these limits will be prorated. Overtime will be charged at the industry standard rate of one-sixth the daily rate per overtime hour unless otherwise specified in the rental contract.

5. Maintenance. Customer acknowledges receipt of the Equipment in good condition. Customer may only perform routine maintenance, including inspection and maintenance of fuel, oil, and fluid systems, and cleaning the Equipment. All other maintenance or repairs may only be performed by Xtreme Equipment Rentals, or its agents. In the event of a mechanical failure or accident with the Equipment, Customer shall IMMEDIATELY notify Xtreme Equipment Rentals. Customer shall not undertake any repairs or incur any expenses to repair the Equipment.

6. Deposit. A 25% reservation deposit is required at the time of reservation to both secure the booking and safeguard against cancellations. This deposit is refundable in full, should the Customer choose to cancel the reservation at least 48 hours prior to the scheduled delivery. If cancelation occurs within 48 hours of the reservation, the security deposit becomes nonrefundable. Deposit will apply to the total cost of Customer rental contract and any remaining balance will be payable by Customer upon delivery of the Equipment. This policy ensures the availability and condition of rental equipment. Customer understands and agrees that no compensation or back charges to Xtreme Equipment Rentals will be allowed for any loss to Customer or third persons due to downtime of equipment due to mechanical failure or for any other reason.

7. Customer Liability. Customer shall be responsible for and assumes all risk of any loss or damage to equipment up to the full new replacement costs of new fair market value, other than Ordinary Wear and Tear, including fire, theft, collision, upset, vandalism, improper use or maintenance or loss or damage from any cause whatsoever, including personal injury or death, during the Rental Period, including customer transportation, loading, or unloading. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable, and proper use of the equipment. Customer is responsible for all tires, hydraulic lines, and track damage. Damage which is not “ordinary wear and tear” includes but is not limited to: damage due to overturning, overloading, or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by paint, mud, plaster, concrete, resin, or any other material. Customers may enroll in Xtreme Equipment Rentals rental protection plan at a cost of 10% of each rental and shall be financially responsible for 10% of the fair market value of new or the first $1,000 whichever is lesser of any damage incurred, pursuant to the terms and conditions of the Rental Protection Plan, which has been provided to Customer. Customer may opt out of the Rental Protection Plan. Customer may provide, in advance of delivery and at Customer's expense, insurance for the foregoing perils: Inland Marine Insurance covering all rented items for the new full replacement costs, General Liability Insurance for $1,000,000 per occurrence; Auto Liability Insurance for $1,000,000 per accident and workers' compensation for statutory limits. Customer will name Xtreme Equipment Rentals as additional insured on a primary and noncontributory basis under both Auto and General Liability Insurance. Customer will provide Xtreme Equipment Rentals with a waiver of subrogation on general liability, auto liability, and workers' compensation insurance.

8. Disclaimers. Xtreme Equipment Rentals disclaims all representations and warranties, express or implied, with respect to the Equipment, its condition, durability, or fitness for a particular purpose, or any other warranty. Customer accepts the Equipment on an “as-is, where is” basis, with all faults and without any recourse against Xtreme Equipment Rentals.

9. Release and Indemnification. To the fullest extent permitted by law, Customer indemnifies, releases, holds harmless and defends Xtreme Equipment Rentals from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including without limitation, to reasonable attorney's fees and court costs) arising out of or resulting from (1) the use and rental of the Equipment; (2) any breach of this Agreement, whether or not caused in part by the negligence or any fault of any indemnified party. Customer's indemnity obligations hereunder do not extend to liability resulting from the sole negligence of Xtreme Equipment Rentals, its agents, or employees.

10. Default. In the event of improper use or abuse of equipment, of if the Customer shall default under this agreement, Xtreme Equipment Rentals may take possession of the Equipment, without notice to or demand on the Customer, as provided by law, with the right to deduct the costs of recovery, including any attorney’s fees and legal costs, in addition to any repair or other costs to obtain the Equipment and bring to the same condition as the Customer received upon initial delivery. Customer expressly agrees that he would not be entitled to compensation of any kind for any loss resulting from Robust Rentals taking possession of equipment, and Xtreme Equipment Rentals shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.

11. Equipment Return. Inspection of equipment will be done following pick up. The equipment shall be returned to Xtreme Equipment Rentals in the same condition it was received, less ordinary wear and tear and free of excess mud and dirt and any hazardous materials and contaminants. The Customer will continue to be responsible for rental and other charges after the Rental Period if the equipment is not returned in the condition required herein. Xtreme Equipment Rentals will immediately notify Customer of any damage found upon inspection and provide documentation to Customer. A cleaning fee will be assessed @ $95.00/hour if cleaning is required. Customer shall return the Equipment full of fuel at pick up or Customer will incur a $6.50/gallon fee.

12. Payment. Customer shall pay for the rental of equipment and all other items and services identified in this contract and the rental contract, without any offsets, in full, in advance at the time of rental and extension of the Rental Period if incurred. Rental, damage charges, delivery, State and City sales tax and other charges related to rental are payable. CUSTOMER AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER AUTHORIZES XTREME EQUIPMENT RENTALS TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD.

13. Miscellaneous.