TERMS AND CONDITIONS
GCS – GENERAL CRANE SERVICES, INC.
(hereinafter referred to as “Lessor”), hereby leases the equipment described on the reverse side (“Equipment”) and furnishes operational personnel for the Equipment heretofore named subject to the following terms and conditions:
- 1. TERMS OF PAYMENT: Full payment for all charges is due upon billing. Payments delayed more than thirty (30) days from the billing date shall be subject to interest at the rate of eighteen percent (18%) per annum on the unpaid balance but in no event greater than the maximum rate permitted by law. Lessee agrees to pay to Lessor reasonable attorney’s fees and costs incurred in collecting monies due and payable under this Lease.
- 2. INDEMNIFICATION: Lessee agrees that the Equipment and all persons operating such Equipment, including Lessor’s employees, are under Lessee’s exclusi’1e supervision and control and agrees to indemnify and save Lessor, its employees and agents harmless from all claims for death or injury to persons, including Lessor’s employees, and from all loss, damage or injury to property, including the Equipment, arising in any manner out of Lessee’s operation. Lessee’s duty to indemnify Lessor hereunder shall include all costs or expenses arising out of all claims specified herein, including all court jlnd/or arbitration costs, filing fees, attorney’s fees and costs of settlement,
- 3. WARRANTIES: Lessee acknowledges that the Equipment herein leased is of a size, .design, capacity, and manufacture selected by Lessee. Lessee agrees that Lessor shall not be accountable to Lessee for liability, loss or damage caused or alleged to be caused directly or indirectly by the Equipment, by an inadequacy thereof, or defect therein, or by any incident in connection therewith. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, MERCHANTABILITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE EQUIPMENT.
- 4. EXCUSE OF PERFORMANCE: Any prevention, delay or stoppage of Lessor’s performanee under this Lease due to strikes, lockouts, labor disputes, acts of God, weather, inability to obtain labor or materials or reasonable substitutes therefor, governmental action either domestic or foreign, riots, civil unrest, fire or other casualty and all other causes beyond the reasonabie control of Lessor shall excuse Lessor’s performance for a period equal to such prevention, delay or stoppage.
- 5. DEFAULT: If Lessee fails to make any payment when due, or if Lessee removes or attempts to remove the Equipment from the address of the worksite referenced on the reverse side hereof, or if any execution or other writ of process is issued whereby the Equipment may be subject to seizure, or if a proceeding in bankruptcy, receivership, or insolvency is instituted by or against Lessee or the property of Lessee, or if Lessee fails to observe any other term, covenant, or condition of this Lease, Lessee shall be in default hereunder. On such default, Lessor may elect to terminate this Lease and Lessee’s right to possession of the Equipment hereunder. On such termination, Lessee hereby authorizes Lessor without demand or notice by Lessor to Lessee to take possession of the Equipment and remove it from the premises on which it is located.
- 6. COMPETENT OPERATION BY LESSEE: Lessee agrees to provide competent and experienced personnel to direct the operation of the Equipment.
- 7. WORKING CONDITIONS: Lessee agrees to provide firm, dry, unobstructed access into work area for the Equipment to be provided by Lessor.
- 8. ATTORNEY’S FEES: If any legal action or other proceedings are brought for the enforcement of this Lease or as to matters relating to or arising out of any of the provisions of this Lease, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees and other costs incurred, in addition to any other relief to which such party may be entitled.
- 9. ENTIRE AGREEMENT: SEVERABILITY: The front and back of this Rental Agreement embodies the entire agreement of the parties. It may not be modified or terminated except as provided herein or by other written agreement of the parties. If any provisio111 herein is declared invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining portions hereof.
- 10. APPLICABLE LAW: This Lease shall be governed by and construed under the laws of the State of California.