1. INDEMNIFICATION 

To the fullest extent permitted by law, Lessee agrees to indemnify and save Lessor, its employees       and agents harmless from claims for death or injury to persons, including Lessor’s employees, of loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee’s operation. Lessee’s duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement Lessee shall not be required to indemnify Lessor for Lessor’s own negligence, but it is hereby agreed that Lessor’s liability for damage caused by Lessor’s negligence shall be limited to the amount of Lessor’s liability insurance. The indemnification above shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefits payable by or for the Lessee under workers* compensation acts, disability benefits acts, or other employee benefits acts. The Lessee’s obligations hereunder shall further not be limited by the amount of its liability insurance, and the providing of such insurance for Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or the providing of insurance. If any word, phrase, or sentence of this paragraph or any other paragraph is declared invalid, then all other words, phrases, or sentences of all paragraphs of this contract shall stand. Furthermore, as part of Lessee’s additional obligations hereunder, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the Lessor, Lessor’s insurance carriers or Lessor’s third party adjusters Into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly the leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.

2. INSURANCE

The Lessee agrees to provide the following insurance coverages prior to the Equipment’s arrival on the job site. The Lessee shall provide the following coverages for Lessor’s protection: a) worker’s compensation and employer’s liability insurance applicable to Lessee’s employees, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate, c) excess/umbrella non-contributory insurance in the amount of at least $5,000,000 and Lessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Lessor’s insurance policies; d) inland marine/all-risk physical damage insurance, on a primary non-contributory basis, to cover the Full Replacement Cost of the Equipment, including any boom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God occurring during the rental term; e) all policies are to be written by insurance companies acceptable to the Lessor; f) the Lessor and all affiliated partnerships, joint ventures, corporations and anyone else who Lessor is required to name as an additional insured, are to be included as additional insured on all liability insurance policies, including excess/ umbrella policies ISO Forms CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, and CG 20 34 03 97 must be used for so including Lessor and the foregoing affiliated entities as additional insureds. Lessee shall name Lessor as a Loss Payee on all insurance policies, and Lessee shall provide all insurance certificates and/or insurance policies to Lessor when requested; g) all policies shall be endorsed to require the insurer to give thirty (30) days advance notice to all insured’s prior to cancellation; h) all of Lessor’s policies and the policies of anyone Lessor is required to insure, are excess over all of Lessee’s policies. In the event of loss, proceeds of properly damage insurance on the Equipment shall be made payable to Lessor. Lessee’s agreements to indemnify and hold Lessor harmless from any liability, damage and loss are in addition to, and not an alternative to, these insurance provisions and the providing of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Lessee may perform under this lease without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Lessor’s right to maintain any breach of contract action against the Lessee. Lessee hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker’s compensation/employer’s liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Lessee understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this lease.

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3. OPERATION OF EQUIPMENT

It is expressly agreed by and between the parties hereto that the Equipment and all persons operating the Equipment are under the exclusive jurisdiction, supervision and control of Lessee under this lease. It shall be the duty of Lessee to give specific instructions and directions to all persons operating the leased Equipment. Lessee agrees to provide or otherwise select competent and experienced personnel to direct the operation of the Equipment, in accordance with OSHA 29 CFR 1926.1428 signal person qualifications and Lessee further agrees that the standard of care and responsibilities will be in accordance with all American National Standards Institute (ANSI) specifications and that ASM E B30.5-2018 (and as amended) shall be used when operating the Equipment, specifically Chapter 5-3 Operation, as well as the OSHA 29 CFR Subpart CC Cranes and Derricks in Construction sections 1926.1400 - 1926.1442. Lessee specifically agrees that the Lessor has absolutely no control over any person operating or assisting in operating, repairing, or maintaining the leased Equipment. Time is of the essence of this lease and all its provisions. Lessor’s failure to require strict performance by Lessee of any of the lease provisions, or Lessor’s acceptance of late or partial performance hereunder shall not constitute a waiver of any prior defaults of Lessee, nor of Lessor’s rights under this agreement. This lease shall be binding upon and shall inure to the benefit of the parties and their successors, administrators, executors, trustees and assigns. This agreement shall be interpreted according to the laws of Lessor’s location stated on the front page. This agreement shall be interpreted fairly and reasonably and neither more strongly for nor against either party. In the event that the Lessee loans, sublets or allows a third party to use the crane and the services of the operator, Lessee agrees to have said third party sign and agree to the terms of this contract.
 

4. CONDITIONS -GROUND/POWERLINES/RIGGING

The Lessee hereby agrees that it will assume all responsibility for the ground or soil conditions in the area where the Equipment is to be stored, parked or operated. The Lessee shall perform or have performed all necessary inspections or testing to determine the nature of the ground or soil and its ability to support the Equipment while in operation or otherwise. If the ground or soil condition is such that it cannot support the Equipment, the Lessee shall take all necessary measures to ensure that these conditions are remedied prior to the crane being placed on that ground or soil. These measures include, but are not limited to, the provision of proper shoring or cribbing or other measures. Lessee assumes all responsibility to protect the Equipment and persons in or around the Equipment from the danger of power lines. Lessee shall not expose the Equipment or any persons in or around such Equipment to the danger of energized power lines. All power lines in the work area shall be identified prior to the work beginning. All power lines are to be de-energized prior to the Equipment being operated in or around such power lines. Lessee shall contact the local electric utility or other such authorized entity to arrange to have the power lines de-energized prior to beginning work. Even if power lines are de-energized, Lessee shall keep the Equipment clear of such power lines at the distances required by OSHA, ANSI and any other safety regulations or standards. If it is not possible to de-energize power lines, then the Lessee shall be responsible for the insulating of any power lines, the grounding of all Equipment and will be required to use rigging or other Equipment designed to prevent electrocution. Lessee is required to provide any and all rigging to be used with the Equipment. If chokers, slings, straps, chains, hooks, spreaders, fittings, rope or wire, etcetera, are loaned to the Lessee by the Lessor for the Lessee’s convenience, they are solely the Lessee’s responsibility. Lessee assumes responsibility for any defects in any rigging, whether the property of Lessee or otherwise. Lessee assumes the responsibility for damage to any load on hook due to a failure of the rigging. Lessee assumes the responsibility for the method of rigging, and agrees that all persons involved in the rigging process are qualified according to OSHA’s definition 1926.1401 and are under Lessee’s direct supervision and control.

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5. NO RELIANCE ON LOAD MEASURING DEVICE

If any crane has been fitted with a load measuring device, the Lessee hereby acknowledges and agrees that the Lessor has made no warranties or representations whatsoever with respect to the ability of the said load measuring device to accurately or consistently measure the weight of loads being lifted by such crane. The Lessee further acknowledges and agrees that it is the responsibility of the Lessee to independently determine the weight of every load to be lifted by any crane comprising all or any portion of the Equipment so as to ensure that any such load measuring device shall be used as an operator-aide only As well, the Lessee acknowledges and agrees that if he relies in any way whatsoever on any load measuring device that he does so completely at his own risk.

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6. AUTHORIZED SIGNATURE

In the event this agreement has been executed on the reverse side by an individual on behalf of a corporation or other business entity, the person whose signature is affixed hereto and the company for which the individual has signed this agreement represent to Lessor that the individual signing has full authority to execute this agreement on behalf of said corporation or other business entity.

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7. STORAGE OF EQUIPMENT

Lessor shall not be liable for any loss or injury to Lessee’s property stored in Lessor’s yard, and it is further understood and agreed to that Lessee’s property/ Equipment stored are not insured by Lessor against loss or injury, however caused. Lessee is responsible for maintaining insurance coverage on a first party basis to cover the goods/Equipment/ machinery stored with Lessor.

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8. PERMITS

Lessee is fully responsible for securing all operating permits required by law. Any summons issued from improper permits whether to Lessee or to the Lessor will be the responsibility of the Lessee.

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9. TERMS OF PAYMENT

All invoices are due upon billing, an additional finance charge of 1 V2 % PER MONTH (18 %) may be added on total balance unpaid after 30 days from the date of invoice. If this matter is referred to collection and additional $1000 will be added, which Lessee agrees is reasonable

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10. ACCESS

Lessee will provide access to the worksite, and assistance, when needed in moving cranes and other equipment in and out of the worksite. Reasonable care will be exercised in the moving of equipment in and out of the site. Since the crane and related equipment are heavier than some surfaces will support, Connolly & Son Construction, Inc., accepts no liability for damage to parking lots, road surfaces, underground utilities and all other surfaces the Equipment may have to travel on.