Preview
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019
hltitude
Equipment Rentals
ALTITUDE EQUIPMENT RENTALS LLCHOLDHARMLESS RENTAL AGREEMENT
THIS AGREEMENT ("Agreement") aka AltitudeJob Ntrmber: # 286 is byand between Altitude
Ecidpment Rentals LLC ("Lessor"or and Creatlye Christmas Displays ("Renter" or
"Mtituh") "CCD")
(aEqdp==t" "Machinery"
forAltitude to rent
to Reuter thet"W listedequipment or used
InterAäiipably)t
E400AJP
6605J
'
To to ("Il
be delivered W,53rs St/111 W.67 St/730 5 Ave") rar the period
from ("11/1/13-11/8/13") ander
the terms and conditions
Ifsted belowl
1, TERMS. Renter's rental of Eÿüipit4ñt
is conditioned upon this Agreement.
Allofthe into this
terms herelo are incorporated
and all future Agiccäw:a
between Altitude
and Renter upon Renter's receipt of Attitude's
Equipment tmder those Agreements,
"Renter"
Any referonon in
Renter'spurchase order
or any other Rental
document ahall
be void, is identified
on the above
paragraph hereof and includce
any of or employees and anyone si.gning this Agreement on
Its representatives, agents, officers,
their "Bqulpment"
. behalf, is theequipmentidentinedinthisdocument, all
together with replacements,repairs,
additions,
-™±mets and accessorlos thereto and all
fbtore Address"
equipment rented, "SIte is thelocation
that Renter
represents the
Equipment willbe located during
the Rental Period and is Identified Renter rents the Equipment from
on the fl'ont side hereof.
Altitude this Agreement.
pursuant to Renter shall pay Altitude
tlie on the Rental Quote (including
rental rates as reflected any
mkh rental as shown on same) and other charges described herelu when due.
Renter shall return the Equipment to Alt!tude
as required
herein and otherwise
complywith this Agreement.
The Equipmentis and shall
remain of
the personal property
and shall not be affhted to any other property, if Renter returns equipment before the term ends, Renter will
Altitude be liable for
rent for the remainder
the balance ofthe of the term plus any additional tax effects,
2, PERMITTED USE, Renter agrees that Altitude
has no control over the manner in which the Equipment
la operated during the
Rental Renter
.Period :by Renter, is prohibited
from or permitdng
authorizing trained persotmel or nny third
other than properly
party to operate the equipment. Inspect the Equipment
Renter warrants thatt (a) prior to each use, Renter has or will to confinn
thatit is in good condition,
withoutdefects, Includes readable decals and operating Instructions
and safety and is suitable for
Renter'sintendeduse; (b)any apparentagent at the
Stto Addressisauthorized
and designatedto accept of
delivery the ,
Equipment; .(c)Rentershan ImmediatelynotifyAItitudeifthe Equipment is damaged,
lost, atalen,
unsafe,disabled,
me!fsedcñing, leviedupon, threatened
with seizure, or
if anyIncidentoccurs;(d)Renterhas receivedfrom Altitude
all
information
needed or requested regarding is not responsible
the operation of the Equipment; (e) Altitude for providing
operator
or other training.
(Renterbeing to
responsible obtain all the Bquipment's
that Renter desires prior
training to use); (f)
only
individuals
authorized IndMduals*
shall use and operate the Equipment ("authorized trained to use
are properly
being those who
the Equipment and who are not under the influence
of drugs or alcohol (g) the Equipment's
or otherwise impaired); use shall be
implemented on, in or with
the Equipment
in a careful manner, in compliance with all operational and safely Instructions provided
and allFederal, State and local
laws and Iloenses, Including and Renter
but not IImited to, OSHA; is responsible for
providing
ALTITUDE EQUIPMENT RENTALS,LLC 1
36*
120 Broadway, Floor, New York, NY 10271
T: 1-800-AER•9195Fr 212480-2699
Altitude00001
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019
U
their operatom with all (PPE) personal protection equipment to include but not limited
to harnessand lanyardsW(h) the Eqvlpment
shall be kept in a secure location; (i)
Renter to procure all necessary permits,
3, REVIEW AND ItAMILARI2 ATION: Renter representsthat the person receiving and accepting delivery
of the Equipment is
a designated and qualified
recipient, compliance of receiving
and is in full a reviewand familiarization
ofthe spe6ific model
equipment pursuant to ANSIISIA
A92,3,A92,$ and A9M weather-
standards, such as and not limited to: (1) identification
ofthe
resinantcompartment for the storage of manuals; (2) confirmation
that the manual(s), as specified by the memfecturer
are on the
Equipment;(3) review
of all control
ftmotions; (4) review of all safety devices specific to the model Equipment
being delivered;
and (5) review of the loading and unloading proceduresand the use of the tilt-back
feature(s) when and where applicable.
4, PROH1BITED USE. Renter shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational
or safety Instructions; (b) asaIgn its rights under this Agreement; (c) move the Equipment from the Site Address without
Altitude's
writtenconsent; or (d) use the Equipment
In a negligent, illegal, or abusive manner, or In any publication
unauthorized (print,
audiovisualor nor
electronic) allow the use ofthe Equipment by any unauthorizedor individual
unqualified (Renter
acknowledgingthat the Equipment may be dangerous If used Improperly
or by untrained parties).
5, MAINTENANCE. Renter shan perform mutine maintenance on the Equipment, routine inspections and maintenance
including
of Itel and oil
levels,grease, leaks,
coolingsystem, water,
batteries, edges, and cleaning
cutting In accordancewiththe
manufacturer's
specificadons,Altitude
has no responsiblHty or obligationthe Rental Period to inspect or perform any
during
maintenance or repairs unless
Renter requests a serylce call,
Upon a service if
call, determines
Altitude thatrepairs to the
Eqü!pmciitare required, other than Ordinary cost of repufts and rental of the Equipment
Wear and Tear, Renter shall pay the MI
untilthe repairs
are completed,"OrdinaryWear and Tear"shallmean normal considered
deterioration reasonable in
the
equipment rental Industry for one shift
use,Altitude has the right to enter and inspect the Equipment
whereverloosted.Renter
has the authority to and hereby grants Altitude
the right to enter the physical
location of the Equipment for the purposee set forth
herein.Renter agrees that repair or replacement of the "glpmara
Is Renter's exclusive Altitude's
remedy for breach of this
Agreement, Ahitudets
Notwithstanding service commitment, Altitude If Renterbreaches
shall have no obligation this Agreement
to stopthe Rental Period,mmence repairs or rent other equÏpment to
Renter until
Renter orits agent has Inspected such
Equipment and agreed to pay for
such costs, AII onsite repairs whether "Ordinary Tear"
Wear and or any other repairs will
be
performedMonday throughFriday from6:00am till
3:00pm,Should the Renter request repair
work whetheron -site pr
via
telephone, Altitude
reserves the right to charge the Renter at the mechanic's appropriate overtime rate,
6. RENTER LIABUJTY: DURING THE RENTAL PERIOD, RENTERASSUMES ALL RISKS ASSOCIATED WITH THE
POSSESSION, CUSTODY, AND OPERATION ÖF AND FULL RESPONMBILITY FOR, THE EQUIPMENT, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, LOSSES,DAMAGES AND DESTRUCTION
TO INCLUDING RENTER LOADING AND UNLOADING, "Incident"
is any fine,
PROPERTY, TRANSPORT; citation, then,
accident, death or damage to person or property,
casualty, loss, injury, claimedby any perso.n, or entity
thatappears to have
occurredin connectionwiththe EquipmenL Afteran IncidentRentershall(a)immediately Altitude,
notify the police
if
necessary, and Renter's
insurance carriers;
(b) secureand maintain the Equipment and the surroundhig
premises in the condition
at the time of such Incident,
existing until or Its agents investigatet (c) immediately
Altitude copies of all police
submit to Altitude
or other third party reportst and (d) as applicable, pay Altitude3 in addition
to other sums due herein the rental rate for Equipment
untilthe repairs are completed
or Equipment the manufacturer's
replaced plus (i) suggested list
priceon the loss
date of the
('1ost"
of the lost or destroyed lyvipmem
("MSLP") being when Equipment's or Renter is unable to recover
location is unknown,
for a period of 30 days); or (ii)
cost of repairs of damaged EqWpment, Accrued renta) charges shan not be applied against
the fun
these amounts. Altitude
shall have the inimediate right, but not obligation,
to reclaim any Equipment
involvedin any Incident,
.
7. NO WARRANTIES: Ahitude does not ·designor =uf2c±othe Equipmentand is not the agent of the party(les) that do,
ALTITUDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRBSS OR IMPLIED, WITH RESPECT TO
THE EQU1PMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, QR F1TNESS FOR ANY PARTICULAR
PURPOSL RBNTER ACCEPTANCE IS"
ACKNOWLEDGES OF THE EQUIPMENT ON AN "AS IS, WHERE BASIS,
WITH "ALL FAULTS" AND WITHOUT RENTER ASSUMES
ANY RECOURSE WHATSOEVER AGAINST ALTlTU'DE,
ALL RISKS ASSOC)ATED WITH THE EQUIPMENT AND RELEASES ALT1TUDE FROM ALL LIABILITIES AND
DAMAGES (INCLUDINO LOST PROFITS, PBRSONAL INJURY, PROP2RTY DAMAGE, AND SPECIAL, LNCIDENTAL,
ALTITUDEEQUIPMENT RENTALS,LLC 2
36"'
120 Broadway, Floor, New York, NY 10271
W 1-800-AER-9195 Pi 212-4804699
Altitude00002
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019
U
AND CONSEQUENTIAL DAMAG ES) IN ANY WAY CONNECTED WITH THB EQUlPMENT, ITS OPERATION OR USB
OR ANY DEFECT OR FAILURE THEREOF OR A 8·REACH OF ALTITUDE'S OBL1OATIONS HEREIN.
8. RELEASE AND INDEMNIFICATION: TO THE FULLEST EXTENT PERM.iTTED BY LAW, RENTER INDEMNIFIES,
RELEASES, HOLDS ALTITUDE HARMLESS AND AT ALTITUDE'S REQUEST, DEFENDS AL TITUDE (WITH
COUNSEL APPROVED BY ALTITUDE), FROM AND AGAINST ALL LIABILITJES,CLAIMS, LOSSES, DAMAGES, AND
EXPENSES (INCLUDINO ATTORNEY'S FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF ANY CLAIM
AND ASSOCIATED WITH THE RESULT OF ANY CLAIM INBNFORCINO THIS PROVislON OR ANY ASPECT OF
THIS AOREEMENT INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTIONS, IMPLEADERS, AND
DECLARATORY JUDOM.ENT ACTIONS NBCESSARY TO ENFORCE THIS AGREEMENT) ARISING OUT OF OR
INCURRED, RELATED TO ANY IN'ClDENT, DAMAOE TO PROPERTY, INJURY TO, OR DEATH OF, ANY PERSON OR
CONTAMINATION OR ALLEOED CONTAMINATION, OR VIOLATION OP LAW OR REQULATION CAUSED BY OR
CONNECTED WITH (1) THEUSE, POSSESSION OR CONTROL OF THB EQUIPMENT DURING THE RENTAL PERIOD
OR (ii)BREACH OF THIS AOREEMENT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSlVE
,, NEOL)OENCE OR OTHER PAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF T1fE FORECOING ARISING
OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY, RENTI!R'S
INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPlRATION OR TERMINATION OF THIS A OREEMENT. IF ANY
PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT NRISDICTION, RENTER
AOREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
INSURANCE: Duringthe RentalPeriod,Renter shall at Its
maintain, own expense,the following
minitnum insurance
coverage: Insurance of not less than $5,000,000,00 (five-million
(a) general liability per occurrence, includhig
dollars) coverage
forRenter'sliabilities
as provided olause contained in Section
for herein such as the release and indemnification 8; (b) property
inmrance risks to the Equiprnent,
against loss by all in an amount at least equsI to the MSLP
thereof, unless RPP as described
herein belowIs elected and paid workers'compensation insurance as required and (d)automobile
for;(c) by law; liability
insurence comprehensive
(including and collision a non-owned
coverage, vehloleendorsementand uninsured/underinsured
motoristcoverage), In the same amounts set forth
in subseotions (a) and (b), if the Equipment Such
Is to be used on any roadway.
polfolesshall
be primary, on
non-contributory, an occurrence basis, contain
a waiver of name
subrogation, Altitudeas an
additionalinsured(Includingan additional
Insuredendommant) and provide
losa payee, and for to
Altitude receiveat
least30 days priorwrittennoticeof any or
cancellation materialchange, Any that excludes boom
insurance damage or
overturnsis a breach. Renter shall provide Altitude
with certificates of insurance evidencing the coverage required above prior to
and anytime Altitude' s Insurance
willbe
any rental upon Altitude's
request.To the extent Altitude
carries miy
insurance;
consideredexcess Insurance,
THE INSURANCE REQUIRED KEREIN DOES NOT RELIEVE RENTER OF ITS
RESPONSINLITIES, INDEMNIFICATION, OR OTHER OBLIGATIONS PROVIDED HEREIN, OR FOR WHICH
RENTER MAY BE LIABLE BY LAW OR OTHERWISE,
Recovery of Eauipment. Notwithstanding to the contrary in this Agreement, If the Equfpment is Iost or stolen and is later
anything
i6covered,Attitude
retains ownership
ofthe Equipment regardless of
any payments made by Renter orRenter'sinsurance
company withrespect to
such Equipment,allofwhich payments are non-refundable,
Renteragrees topromptlyreturnany
Equipment that is recovered.
Subrogation.
Altitude be sobrogated to
shall Renter'srights to recover
against any person
or entity to
relating any loss, theh,
damage or destruction to
the Equipment.Renter shall cooperate with, all
assign Altitude elaims and proceeds arising
from such
damage or destruction,
loss, theft, execule and deliver whatever documents are required and take all other necessary
to Altitude
such rights,
steps to secure In Altitude
!
10, RENTAL RATES: A of this Agreement
The total charges speolfied In this Agreement are: (a) as stated in Exhibit and are
estimatedand based upon Renter' s ropisst:Gñ at the beghMng
identified
of the estimated Rental Period of this
Agreement
rates beyond the estimated Rental Period
( rental may change); and (b) fby the Egsipmar "one shift,"
s use for being not more
and 4 week rental rates shall not be prorated,
than 8 hours per day and 40 hours per week unless otherwise noted. Weekly Renter
fees for
Including additional
is responsible for (1) all rental rates, fees, licenses and taxes based on Renter's use of the Equipment,
ALTITUDE l!QUlPMENT RENTALS,LLC 3
36*
, 120 Broadway, Floor, New Yoric, NY 10171
Ti1-800.AER-9195 Fi 211-480-2699
Altitude00003
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019
more than "one shift" delivery and pickup costs to and from Altitude's
use; (ii) location
duringAltitude's
normal businesshours.
Renter may request delivery or pickup at off
hour times for an additional charge; (fli)
maintemme, repairs and replacements to the
Bquipment as pmvliledhereln;
(tv) a cleaning tee If required; (v) feesfor lost keyst (vl)
me) used during the Rental Period (Renter
may eltherreturn the Equipment fully coverAltitude's
fueled or a fùel charge shell be assessed(designed to direct and indirect
costs of refueling
the Equipment));
(vil) an Bnhme!
and (vill)
fines for use of dyed diesel fuel In on-road Equipment; Pee
(desorlbed below).
The coeydscc charge for off road diesel fuel does not Include state motor fuel taxes.
11. PAYMENTe Renter shall pay amounts
due, without at the
any offsets, In fidl timeof unless Altitude
rental, approves
Renter'sexecuted credit application (oredit renters must pay, open receipt of Altitude's
Renter must notify
invoice). Altitudein
writingof any disputed card charges, within
credit
amounts, including 15 days after
the receipt
of the Involoe/Agreement
or
Renter shall
be deemed to have lrrevocably
waivedIts right
to dIspute such amounts, At
Altitude's any credit
sole discretion,
account witha delinquent balance may be placed on a cash basis, deposks may be required
and the Equipment may be picked up
withournotice. Due to the diffloulty
in fixing
actual damages caused by late payment, Renter agrees that a service ohargeequal to
thelesser
of I.5%per rnonth or the maximum
rate pennitted by law shall be assessedon all dellnquent
accounts, until paid In full.
Deposits are only required to be retumed after all amounts are paid in thil, a credit card is presented to pay
Reuter agrees that if
fbr charges or to guarantee payment, Renter authorizes Altitude
to chargethe credit card an amounts shown on the Agreement and
charges subsequently but not limited
Incurred by Renter, including and extension of the
to, loss at or damage to the Equipment
Rental Period.
"
12. RETURN OF EQUIPMENT: Rental Period commences when the Equipment is delivered
toRenter or the Site Address and
continuesuntil
the Equipment to the Altitude
is returned Renter has otherwise
locafjon during normal business hours provided
compliedwith thisAgreement,Altitude
niay terminate this for
Agreement at any time, the end of
any reason. At the Rental
Period, the Equipment
shall be returned to Altitude Wear and Tear and free of
in the same conditlon ft was received4 less Ordinary
any har:dousmaterials and contaminants,
A) The Rental Period
and this Agreement shall not terminate and rental charges shall continue
to accrue until
Altitude
confirms
that the Equipment
le retumed in the condition to Renter, Renter shall nott
delivered the Equipment
required hereln. If Altitude
Aldtude viaemail that the Bquipment is ready to be picked up at the Site Address and obtain a "plchup" e
number from Altitu
evidencingsuchcall or email with a ("Plok
Up Number"),which Pick Up NumberRenter should keep as proof of the call and or
emall;providedRenter remains liable
for any loss of or damage to the Eqü!prsers until
Altitude
confirmsthat the Equipment
Is
returned In the condition
required herein. Renter wi)I not be charged the rental charges frorn the date the Pickup Nunrber is given,
pmvided Renterhas otherwise
compHed withthisAgreement, No pickupsoccuron Sundays, and Saturdayplekupsare
location
dependent on specifin hours and may be charged at a higher rate, If
Renter p¼ked up Equipment,Rentershall return
Equipment to the same location during that location's
nomial business hours; Monday-Friday.
if the Bquipnietit
is not returned by
the estimatedend ofthe Rental
Period speoffied
in this
document, Renter agrees to
pay the rental
applicable rate for
the
Bquipment until the end ofthe
Rental Period.
13, DEFAULT: Renter shaU be in
defaultIfRenten (a) pay sums when
falls to due;(b) breaches any provision
ofthis
Agreement; proceeding, or goes into receivership; (d) places the Equipment at risk if Renter,
(c) becomes a debtor In a bankruptcy
deems Itself Insecure; (e) falls
In good thith, immediately upon Altitude's
to return Equipment demand; or (f) is in default under
any other Agreement
withAltitude, to all rights and remedles at law or
)f a Renter default occurs, Aldtude shall have, in addition
in equity, to repossess the Squipment
the right without judiolal
process or prior Renter shaU pay al) of Altitude's
notice, costs,
Includingreasonable
costs of collection,
Preview
FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019 EXHIBIT F FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019 hltitude Equipment Rentals ALTITUDE EQUIPMENT RENTALS LLCHOLDHARMLESS RENTAL AGREEMENT THIS AGREEMENT ("Agreement") aka AltitudeJob Ntrmber: # 286 is byand between Altitude Ecidpment Rentals LLC ("Lessor"or and Creatlye Christmas Displays ("Renter" or "Mtituh") "CCD") (aEqdp==t" "Machinery" forAltitude to rent to Reuter thet"W listedequipment or used InterAäiipably)t E400AJP 6605J ' To to ("Il be delivered W,53rs St/111 W.67 St/730 5 Ave") rar the period from ("11/1/13-11/8/13") ander the terms and conditions Ifsted belowl 1, TERMS. Renter's rental of Eÿüipit4ñt is conditioned upon this Agreement. Allofthe into this terms herelo are incorporated and all future Agiccäw:a between Altitude and Renter upon Renter's receipt of Attitude's Equipment tmder those Agreements, "Renter" Any referonon in Renter'spurchase order or any other Rental document ahall be void, is identified on the above paragraph hereof and includce any of or employees and anyone si.gning this Agreement on Its representatives, agents, officers, their "Bqulpment" . behalf, is theequipmentidentinedinthisdocument, all together with replacements,repairs, additions, -™±mets and accessorlos thereto and all fbtore Address" equipment rented, "SIte is thelocation that Renter represents the Equipment willbe located during the Rental Period and is Identified Renter rents the Equipment from on the fl'ont side hereof. Altitude this Agreement. pursuant to Renter shall pay Altitude tlie on the Rental Quote (including rental rates as reflected any mkh rental as shown on same) and other charges described herelu when due. Renter shall return the Equipment to Alt!tude as required herein and otherwise complywith this Agreement. The Equipmentis and shall remain of the personal property and shall not be affhted to any other property, if Renter returns equipment before the term ends, Renter will Altitude be liable for rent for the remainder the balance ofthe of the term plus any additional tax effects, 2, PERMITTED USE, Renter agrees that Altitude has no control over the manner in which the Equipment la operated during the Rental Renter .Period :by Renter, is prohibited from or permitdng authorizing trained persotmel or nny third other than properly party to operate the equipment. Inspect the Equipment Renter warrants thatt (a) prior to each use, Renter has or will to confinn thatit is in good condition, withoutdefects, Includes readable decals and operating Instructions and safety and is suitable for Renter'sintendeduse; (b)any apparentagent at the Stto Addressisauthorized and designatedto accept of delivery the , Equipment; .(c)Rentershan ImmediatelynotifyAItitudeifthe Equipment is damaged, lost, atalen, unsafe,disabled, me!fsedcñing, leviedupon, threatened with seizure, or if anyIncidentoccurs;(d)Renterhas receivedfrom Altitude all information needed or requested regarding is not responsible the operation of the Equipment; (e) Altitude for providing operator or other training. (Renterbeing to responsible obtain all the Bquipment's that Renter desires prior training to use); (f) only individuals authorized IndMduals* shall use and operate the Equipment ("authorized trained to use are properly being those who the Equipment and who are not under the influence of drugs or alcohol (g) the Equipment's or otherwise impaired); use shall be implemented on, in or with the Equipment in a careful manner, in compliance with all operational and safely Instructions provided and allFederal, State and local laws and Iloenses, Including and Renter but not IImited to, OSHA; is responsible for providing ALTITUDE EQUIPMENT RENTALS,LLC 1 36* 120 Broadway, Floor, New York, NY 10271 T: 1-800-AER•9195Fr 212480-2699 Altitude00001 FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019 U their operatom with all (PPE) personal protection equipment to include but not limited to harnessand lanyardsW(h) the Eqvlpment shall be kept in a secure location; (i) Renter to procure all necessary permits, 3, REVIEW AND ItAMILARI2 ATION: Renter representsthat the person receiving and accepting delivery of the Equipment is a designated and qualified recipient, compliance of receiving and is in full a reviewand familiarization ofthe spe6ific model equipment pursuant to ANSIISIA A92,3,A92,$ and A9M weather- standards, such as and not limited to: (1) identification ofthe resinantcompartment for the storage of manuals; (2) confirmation that the manual(s), as specified by the memfecturer are on the Equipment;(3) review of all control ftmotions; (4) review of all safety devices specific to the model Equipment being delivered; and (5) review of the loading and unloading proceduresand the use of the tilt-back feature(s) when and where applicable. 4, PROH1BITED USE. Renter shall not (a) alter or cover up any decals or insignia on the Equipment or remove any operational or safety Instructions; (b) asaIgn its rights under this Agreement; (c) move the Equipment from the Site Address without Altitude's writtenconsent; or (d) use the Equipment In a negligent, illegal, or abusive manner, or In any publication unauthorized (print, audiovisualor nor electronic) allow the use ofthe Equipment by any unauthorizedor individual unqualified (Renter acknowledgingthat the Equipment may be dangerous If used Improperly or by untrained parties). 5, MAINTENANCE. Renter shan perform mutine maintenance on the Equipment, routine inspections and maintenance including of Itel and oil levels,grease, leaks, coolingsystem, water, batteries, edges, and cleaning cutting In accordancewiththe manufacturer's specificadons,Altitude has no responsiblHty or obligationthe Rental Period to inspect or perform any during maintenance or repairs unless Renter requests a serylce call, Upon a service if call, determines Altitude thatrepairs to the Eqü!pmciitare required, other than Ordinary cost of repufts and rental of the Equipment Wear and Tear, Renter shall pay the MI untilthe repairs are completed,"OrdinaryWear and Tear"shallmean normal considered deterioration reasonable in the equipment rental Industry for one shift use,Altitude has the right to enter and inspect the Equipment whereverloosted.Renter has the authority to and hereby grants Altitude the right to enter the physical location of the Equipment for the purposee set forth herein.Renter agrees that repair or replacement of the "glpmara Is Renter's exclusive Altitude's remedy for breach of this Agreement, Ahitudets Notwithstanding service commitment, Altitude If Renterbreaches shall have no obligation this Agreement to stopthe Rental Period,mmence repairs or rent other equÏpment to Renter until Renter orits agent has Inspected such Equipment and agreed to pay for such costs, AII onsite repairs whether "Ordinary Tear" Wear and or any other repairs will be performedMonday throughFriday from6:00am till 3:00pm,Should the Renter request repair work whetheron -site pr via telephone, Altitude reserves the right to charge the Renter at the mechanic's appropriate overtime rate, 6. RENTER LIABUJTY: DURING THE RENTAL PERIOD, RENTERASSUMES ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY, AND OPERATION ÖF AND FULL RESPONMBILITY FOR, THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, LOSSES,DAMAGES AND DESTRUCTION TO INCLUDING RENTER LOADING AND UNLOADING, "Incident" is any fine, PROPERTY, TRANSPORT; citation, then, accident, death or damage to person or property, casualty, loss, injury, claimedby any perso.n, or entity thatappears to have occurredin connectionwiththe EquipmenL Afteran IncidentRentershall(a)immediately Altitude, notify the police if necessary, and Renter's insurance carriers; (b) secureand maintain the Equipment and the surroundhig premises in the condition at the time of such Incident, existing until or Its agents investigatet (c) immediately Altitude copies of all police submit to Altitude or other third party reportst and (d) as applicable, pay Altitude3 in addition to other sums due herein the rental rate for Equipment untilthe repairs are completed or Equipment the manufacturer's replaced plus (i) suggested list priceon the loss date of the ('1ost" of the lost or destroyed lyvipmem ("MSLP") being when Equipment's or Renter is unable to recover location is unknown, for a period of 30 days); or (ii) cost of repairs of damaged EqWpment, Accrued renta) charges shan not be applied against the fun these amounts. Altitude shall have the inimediate right, but not obligation, to reclaim any Equipment involvedin any Incident, . 7. NO WARRANTIES: Ahitude does not ·designor =uf2c±othe Equipmentand is not the agent of the party(les) that do, ALTITUDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRBSS OR IMPLIED, WITH RESPECT TO THE EQU1PMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, QR F1TNESS FOR ANY PARTICULAR PURPOSL RBNTER ACCEPTANCE IS" ACKNOWLEDGES OF THE EQUIPMENT ON AN "AS IS, WHERE BASIS, WITH "ALL FAULTS" AND WITHOUT RENTER ASSUMES ANY RECOURSE WHATSOEVER AGAINST ALTlTU'DE, ALL RISKS ASSOC)ATED WITH THE EQUIPMENT AND RELEASES ALT1TUDE FROM ALL LIABILITIES AND DAMAGES (INCLUDINO LOST PROFITS, PBRSONAL INJURY, PROP2RTY DAMAGE, AND SPECIAL, LNCIDENTAL, ALTITUDEEQUIPMENT RENTALS,LLC 2 36"' 120 Broadway, Floor, New York, NY 10271 W 1-800-AER-9195 Pi 212-4804699 Altitude00002 FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019 U AND CONSEQUENTIAL DAMAG ES) IN ANY WAY CONNECTED WITH THB EQUlPMENT, ITS OPERATION OR USB OR ANY DEFECT OR FAILURE THEREOF OR A 8·REACH OF ALTITUDE'S OBL1OATIONS HEREIN. 8. RELEASE AND INDEMNIFICATION: TO THE FULLEST EXTENT PERM.iTTED BY LAW, RENTER INDEMNIFIES, RELEASES, HOLDS ALTITUDE HARMLESS AND AT ALTITUDE'S REQUEST, DEFENDS AL TITUDE (WITH COUNSEL APPROVED BY ALTITUDE), FROM AND AGAINST ALL LIABILITJES,CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDINO ATTORNEY'S FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF ANY CLAIM AND ASSOCIATED WITH THE RESULT OF ANY CLAIM INBNFORCINO THIS PROVislON OR ANY ASPECT OF THIS AOREEMENT INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTIONS, IMPLEADERS, AND DECLARATORY JUDOM.ENT ACTIONS NBCESSARY TO ENFORCE THIS AGREEMENT) ARISING OUT OF OR INCURRED, RELATED TO ANY IN'ClDENT, DAMAOE TO PROPERTY, INJURY TO, OR DEATH OF, ANY PERSON OR CONTAMINATION OR ALLEOED CONTAMINATION, OR VIOLATION OP LAW OR REQULATION CAUSED BY OR CONNECTED WITH (1) THEUSE, POSSESSION OR CONTROL OF THB EQUIPMENT DURING THE RENTAL PERIOD OR (ii)BREACH OF THIS AOREEMENT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSlVE ,, NEOL)OENCE OR OTHER PAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF T1fE FORECOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY, RENTI!R'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPlRATION OR TERMINATION OF THIS A OREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT NRISDICTION, RENTER AOREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. INSURANCE: Duringthe RentalPeriod,Renter shall at Its maintain, own expense,the following minitnum insurance coverage: Insurance of not less than $5,000,000,00 (five-million (a) general liability per occurrence, includhig dollars) coverage forRenter'sliabilities as provided olause contained in Section for herein such as the release and indemnification 8; (b) property inmrance risks to the Equiprnent, against loss by all in an amount at least equsI to the MSLP thereof, unless RPP as described herein belowIs elected and paid workers'compensation insurance as required and (d)automobile for;(c) by law; liability insurence comprehensive (including and collision a non-owned coverage, vehloleendorsementand uninsured/underinsured motoristcoverage), In the same amounts set forth in subseotions (a) and (b), if the Equipment Such Is to be used on any roadway. polfolesshall be primary, on non-contributory, an occurrence basis, contain a waiver of name subrogation, Altitudeas an additionalinsured(Includingan additional Insuredendommant) and provide losa payee, and for to Altitude receiveat least30 days priorwrittennoticeof any or cancellation materialchange, Any that excludes boom insurance damage or overturnsis a breach. Renter shall provide Altitude with certificates of insurance evidencing the coverage required above prior to and anytime Altitude' s Insurance willbe any rental upon Altitude's request.To the extent Altitude carries miy insurance; consideredexcess Insurance, THE INSURANCE REQUIRED KEREIN DOES NOT RELIEVE RENTER OF ITS RESPONSINLITIES, INDEMNIFICATION, OR OTHER OBLIGATIONS PROVIDED HEREIN, OR FOR WHICH RENTER MAY BE LIABLE BY LAW OR OTHERWISE, Recovery of Eauipment. Notwithstanding to the contrary in this Agreement, If the Equfpment is Iost or stolen and is later anything i6covered,Attitude retains ownership ofthe Equipment regardless of any payments made by Renter orRenter'sinsurance company withrespect to such Equipment,allofwhich payments are non-refundable, Renteragrees topromptlyreturnany Equipment that is recovered. Subrogation. Altitude be sobrogated to shall Renter'srights to recover against any person or entity to relating any loss, theh, damage or destruction to the Equipment.Renter shall cooperate with, all assign Altitude elaims and proceeds arising from such damage or destruction, loss, theft, execule and deliver whatever documents are required and take all other necessary to Altitude such rights, steps to secure In Altitude ! 10, RENTAL RATES: A of this Agreement The total charges speolfied In this Agreement are: (a) as stated in Exhibit and are estimatedand based upon Renter' s ropisst:Gñ at the beghMng identified of the estimated Rental Period of this Agreement rates beyond the estimated Rental Period ( rental may change); and (b) fby the Egsipmar "one shift," s use for being not more and 4 week rental rates shall not be prorated, than 8 hours per day and 40 hours per week unless otherwise noted. Weekly Renter fees for Including additional is responsible for (1) all rental rates, fees, licenses and taxes based on Renter's use of the Equipment, ALTITUDE l!QUlPMENT RENTALS,LLC 3 36* , 120 Broadway, Floor, New Yoric, NY 10171 Ti1-800.AER-9195 Fi 211-480-2699 Altitude00003 FILED: NEW YORK COUNTY CLERK 06/21/2019 07:18 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 218 RECEIVED NYSCEF: 06/21/2019 more than "one shift" delivery and pickup costs to and from Altitude's use; (ii) location duringAltitude's normal businesshours. Renter may request delivery or pickup at off hour times for an additional charge; (fli) maintemme, repairs and replacements to the Bquipment as pmvliledhereln; (tv) a cleaning tee If required; (v) feesfor lost keyst (vl) me) used during the Rental Period (Renter may eltherreturn the Equipment fully coverAltitude's fueled or a fùel charge shell be assessed(designed to direct and indirect costs of refueling the Equipment)); (vil) an Bnhme! and (vill) fines for use of dyed diesel fuel In on-road Equipment; Pee (desorlbed below). The coeydscc charge for off road diesel fuel does not Include state motor fuel taxes. 11. PAYMENTe Renter shall pay amounts due, without at the any offsets, In fidl timeof unless Altitude rental, approves Renter'sexecuted credit application (oredit renters must pay, open receipt of Altitude's Renter must notify invoice). Altitudein writingof any disputed card charges, within credit amounts, including 15 days after the receipt of the Involoe/Agreement or Renter shall be deemed to have lrrevocably waivedIts right to dIspute such amounts, At Altitude's any credit sole discretion, account witha delinquent balance may be placed on a cash basis, deposks may be required and the Equipment may be picked up withournotice. Due to the diffloulty in fixing actual damages caused by late payment, Renter agrees that a service ohargeequal to thelesser of I.5%per rnonth or the maximum rate pennitted by law shall be assessedon all dellnquent accounts, until paid In full. Deposits are only required to be retumed after all amounts are paid in thil, a credit card is presented to pay Reuter agrees that if fbr charges or to guarantee payment, Renter authorizes Altitude to chargethe credit card an amounts shown on the Agreement and charges subsequently but not limited Incurred by Renter, including and extension of the to, loss at or damage to the Equipment Rental Period. " 12. RETURN OF EQUIPMENT: Rental Period commences when the Equipment is delivered toRenter or the Site Address and continuesuntil the Equipment to the Altitude is returned Renter has otherwise locafjon during normal business hours provided compliedwith thisAgreement,Altitude niay terminate this for Agreement at any time, the end of any reason. At the Rental Period, the Equipment shall be returned to Altitude Wear and Tear and free of in the same conditlon ft was received4 less Ordinary any har:dousmaterials and contaminants, A) The Rental Period and this Agreement shall not terminate and rental charges shall continue to accrue until Altitude confirms that the Equipment le retumed in the condition to Renter, Renter shall nott delivered the Equipment required hereln. If Altitude Aldtude viaemail that the Bquipment is ready to be picked up at the Site Address and obtain a "plchup" e number from Altitu evidencingsuchcall or email with a ("Plok Up Number"),which Pick Up NumberRenter should keep as proof of the call and or emall;providedRenter remains liable for any loss of or damage to the Eqü!prsers until Altitude confirmsthat the Equipment Is returned In the condition required herein. Renter wi)I not be charged the rental charges frorn the date the Pickup Nunrber is given, pmvided Renterhas otherwise compHed withthisAgreement, No pickupsoccuron Sundays, and Saturdayplekupsare location dependent on specifin hours and may be charged at a higher rate, If Renter p¼ked up Equipment,Rentershall return Equipment to the same location during that location's nomial business hours; Monday-Friday. if the Bquipnietit is not returned by the estimatedend ofthe Rental Period speoffied in this document, Renter agrees to pay the rental applicable rate for the Bquipment until the end ofthe Rental Period. 13, DEFAULT: Renter shaU be in defaultIfRenten (a) pay sums when falls to due;(b) breaches any provision ofthis Agreement; proceeding, or goes into receivership; (d) places the Equipment at risk if Renter, (c) becomes a debtor In a bankruptcy deems Itself Insecure; (e) falls In good thith, immediately upon Altitude's to return Equipment demand; or (f) is in default under any other Agreement withAltitude, to all rights and remedles at law or )f a Renter default occurs, Aldtude shall have, in addition in equity, to repossess the Squipment the right without judiolal process or prior Renter shaU pay al) of Altitude's notice, costs, Includingreasonable costs of collection,