Atlas Forklift Rental Terms and Conditions

RENTAL TERMS AND CONDITIONS

1. LESSOR leases to LESSEE and LESSEE hires from LESSOR the Equipment described on reverse side

hereof, and LESSEE agrees to pay the specified rental charges upon receipt of invoice.

2. LESSEE shall not encumber this Contract or the Equipment, nor permit the Equipment to be removed to a

location other than the address shown herein, nor permit any others to use the Equipment without LESSOR’s

written consent.

3. LESSEE shall be liable for and shall reimburse LESSOR for amounts equal to any sales use, license, City

of Chicago transaction tax if applicable or registration fees levied or based upon the rentals, or the Equipment, or

the use or the operation thereof.

4. LESSEE agrees to pay for the Equipment properly, to use it within its rated capacity, to restrict its use to

LESSEE’s qualified personnel and to prohibit anyone other than LESSOR’s authorized personnel to repair or

adjust the Equipment and to notify LESSOR immediately of accidents, disabilities, failures or like information

concerning the Equipment. LESSEE further agrees to pay for all damage to the Equipment resulting from

improper use or abuse of the Equipment upon receipt of invoices therefore from LESSOR for LESSOR’s costs

and expense of repair. LESSEE shall take care of normal needs of the Equipment, including supplying fuel, oil

and water, daily checking of general condition, including oil level, cooling system, water and batteries, recharging

batteries, furnishing LP gas, fuel and cylinders, etc. LESSOR will service and maintain the Equipment in proper

working condition and LESSEE agrees to make it available for servicing by LESSOR at reasonable times during

LESSOR’s business hours. In the event that LESSEE requires service at times other than LESSOR’s business

hours, LESSEE agrees to pay the difference between the straight time and overtime rate for mechanic’s time.

5. LESSEE agrees that LESSOR shall not be liable to LESSEE nor this Contract be impugned for LESSOR’s

failure to repair the Equipment if disabled or furnish substitute Equipment for any other reason whatsoever and

that LESSOR in no event is or shall be liable for special or consequential damages of any nature whatsoever or

however caused.

6. The Equipment is leased f.o.b. LESSOR’s warehouse, and LESSEE agrees not to remove said Equipment

to a location other than that shown on the reverse side hereof without prior written consent of the LESSOR.

7. LESSEE agrees at the expiration of the term r any extended term hereof or sooner termination of this

Contract to return at LESSEE’s expense each unit of Equipment to LESSOR’s warehouse in the same condition

as when received by LESSEE, reasonable wear and tear excepted.

8. LESSEE assumes all risk and liability for and agrees to indemnify, save and hold LESSOR harmless from

all claims and liens, all loss of or damage to the Equipment and all loss, damage, claims, penalties, liability all

claims and liens, all loss of or damage to the Equipment and all loss, damage, claims, penalties, liability and

expenses, including attorney’s fees howsoever arising or incurred because of the Equipment or the storage use or

operation thereof. LESSEE, at is own expense, shall carry adequate public liability insurance against bodily

injury, including death a minimum of $100,000/300,000, and against property damage $100,000 minimum shall

keep all Equipment insured at its full insurable value against fire and theft and under extended coverage.

9. If LESSEE fails to pay any rental or other sum payable hereunder when due, or if LESSEE becomes

subject to any state or federal insolvency, bankruptcy, receivership, trusteeship or similar proceeding, or if

LESSEE shall default in any other term of this Contract, LESSOR may immediately terminate this Contract by

notice in writing to LESSEE and repossess all items of Equipment wherever thy may be found, but LESSEE shall

nevertheless remain liable for all sums than due and unpaid, plus a reasonable amount for attorney’s fees and

such expenses as may be expanded in the repossession of the Equipment. The remedies provided herein favor

of LESSOR shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies

in LESSOR’s favor existing at law or in equity. Any· notice hereunder shall be deemed sufficiently given if in

writing it is delivered to LESSEE, personally or sent by mail addressed to LESSEE at the address set forth upon

the reverse side hereof.

10. This is a Contract of rental only and nothing herein conveys to LESSEE any right, title, or interest in or to

any of the Equipment, except as a LESSEE. This agreement is a true lease and at all times title to the Equipment

pursuant to this agreement is, and shall remain in, Atlas Lift Truck Rentals & Sales, Inc. Nothing contained herein

shall be construed as conveying any right, title or interest in or to any of the Equipment, except as a LESSEE.