On April 24, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
United Rentals,
and
Hartford Fire Insurance Company,
Hartford Insurance Company Of The Midwest,
The Hartford Company,
Trumbull Insurance Company,
for Commercial - Insurance
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023
EXHIBIT B
FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023
Page 1 ol 2
United
CREDIT APPLICATION o Rentals
New Applicant Account Location #• Sales Rep tt
__ Credit Update Date:
TO ENSURE PROMPT PROCESSING OF APPLICATION PLEASE PRINT LEGIBLY OR TYPE. WWW.UR.COM (800) 877-3687
I. Applicant Information - Full Legal Name and Address ol Business:
Ak'mr. s LLd
Business Name DBA if Applicable Contraclor License # Federal Tax ID ft
Z C-ltQ-kso •Sc|kjG-fvC\c.\\ C)
Name Title SSN
Physical Address Area Code Phone U
> \ le _UL
City State Zip
| V. Contract Terms S Conditions:
Applicant hereby applies to United Rentals lor credit and specifically consenlslo investigating Applicant's credit history and authorizes the release ol its bank account
1
information. If credit is extended. Applicant acknowledges that United Rentals requires payment upon receipt ol invoice. Invoices are considered past due at 3t days In
the event ol failure to timely pay any invoice, Applicant agrees to pay a service charge to United Rentals on such delinquent mvolce(s) until fully paid, at the maximum
rate allowed by the laws and jurisdiction ol the originating location stated on the invoice, and collection costs and/or attorney's lees in an amount that is not less than
25% of the outstanding balance owed. At the discretion ol United Rentals, any account with a delinquent balance may be placed on a cash basis at any time, and lhe
equipment picked up without notice. Additionally. United Rentals reserves the right to pursue remedies available to it under the party's contracts at law or in equity.
Applicant agrees to be bound by the terms and conditions as set forth in United Rentals' standard form of Rental and Sales Agreement, or similar document, in use al
the time of eacit rental or sales transaction in lhe jurisdiction where the purchase or rental occurs, which terms and conditions are incorporated herein by reference and
which constitute a pan of the credit agreement, regardless ot whether or not the agreement is executed by an authorized representative of Applicant. United Rentals
reserves the right to file preliminary notices for work done in states where these notices are required by state law in order to protect our lien rights
| VI. Applicant Signature
]
X
(-iSS®
Authorize^ Signa'itufe of Applicant Date Signed Printed (tame of Applicant Title of Applicant I a corp- or other ii(_
Legal Entity.
FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023
Page 2 of 2
CREDIT APPLICATION PLEASE PRINT LEGIBLY OR TYPE
VII. Personal Guaranty:
In consideration of the extension of credit to /)+cidfv\ flsMc 2- Z-G ("Business Name"),
the undersigned, jointly, severally and unconditionally guarantees and promiseslo pay all amounts now owing or which may thereinafter become owing by the company to United Rentals It is understood
and agreed that ths ts a continuing guaranty and United Rentals shall not be obligated to notify the undersigned of the dales or amounts of any such credit, that the undersigned waives demand and notice
of default and agrees that any extension ol time or other forbearance, which may be granted by United Rentals shall not affect or after United Rentals’ rights under this guaranty.
The undesigned further waives (a) notes of acceptance of th® guaranty, (b) any demand for paying under this guaranty, (c) benefit of all exemptions and homestead laws; (d) all set-offs and
counterclaims, and (e) all ether notices to which the undersigned might otherwise be entitled. The undersigned tor themselves and the company further agrees to pay n service charge to United Rentals al
the maximum rate allowed by the laws of the jtxisdiction where the originating United Rentals locationfs) staled on the invoice(s) is located on all delinquent balances as well as aH costs and expenses
United Rentals incurs in connection with the collection of any delinquent balance or any other default by the company on any agreement or transaction the company may enter into with United Rentals,
including without limitation reasonable attorney's fees and all other fees arising from placement of collection. This is a guaranty of payment and not of collection and the unders 1661 et sea
The undersigneds obligations hereunder may be canceled only by written notice delivered to United Rentals by certified mail, with proof of delivery. Upon receipt by United Rentals of such cancelation
notice lhe unders^gred shall not be liable for any further oxtensions of credit to the company however, the undersigned shall continue to be liable lor all indebtedness of Applicant incurred prior to the
date of United Rentals’ receiptof the cancellation notice, together with all pre- and post- cancelation service charges, reasonable costs of colteclion. including attorney s fees, incurred in United Rentals'
efforts to collect any indebtedness incurred prior to the date receipt o’ lhe cancellation notice. The undersigned agrees that any and all claims of lhe undersigned against the Applicant shal be subordinate
and subject in right of payment to the prior payment in full of all indebtedness to United Rentals by Applicant
In consideration of Unrted Rentals' extension ol credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to. this guaranty to the
extent allowed by the laws of the Stale of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County. State of Delaware. The undersigned recognizes the
obligation both ol the Applicant and die undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supples furnished by
UnrtedRertals pursuant to this agreement to bo hold in a separate account in bust for payment to United Rentals. The undersigned agrees that the Applicant shall not use said payments for any other
purpose until payment in ful has been made to United Rentals The undersigned agrees to act as a fiduciary for payment to United Rentals in exchange lor the Applicant's abilrtyto rent andtor purchase
equipment and supples on credit. The undersigned agrees that any failure to hold payments m trust for United Rentals shal create a debt which is not dischargeable m bankruptcy and which shall be an
exception to discharge pursuant to the terms of 1 1 U S.C §523(a)(4) and (6). The undersigned agrees to be bound, to the same extent as Applicant, by the terms and conditions as sot forth in United
Rentals' standard form of Rental and Sates Agreement in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs, which terms and conditions are
incorporated herein by reference and which constitute a partof the credit agreement and guaranty, regardless of whether or not the agreement is executed by an authorized representative ol Applicant.
Indivi Date Print Name of Individual
AV+r Li
2. CbMo^. i2z> Sm C o~C K)Y I ^7 o-k.
!
Social Security Number City Z State Zip
X
Witness Signature Date Print Name of Witness
Has Applicant or any o» its owners, partners, officers, directors, or managing members, or any personal guarantor, ever been a debtor in a voluntary’ or an involuntary
bankruptcy filing, had a receiver appointed or made an assignment lor the benefit of creditors*’ YES NO
Has any of Applicants owners. partners, officers, directors, or managing members ever been an owner, partner, officer, director . or managing member of any business
enterprise which was a debtor m a voluntary or an involuntary bankruptcy tiling, naa a receiver appointed, or made an assignment for the benefit of cieditors? YES NO
|vill. Tax Requirements- (Tax Fees Will Be Charged If You Fail To Provied A Valid Certificate)
All purchases are
'TAXABLE" TAX Exempt. yes NO (if yes we need a valid Tax Exempt certificate)
| IX. Insurance Options
Property Insurance must be provided to show proof of coverage for rented or leased equipment with a limit high enough to cover all equipment rented
from United Rentals Inc at any point in time, in order to avoid being charged optional Rental Protection Plan (RPP) on each rental contract.
|X Bonding Company (Attach Copy ot Payment Bond)
Name Address City State Zip Area Code Phone »
Xi. Additional Contact Information:
US ; ~l ~l- 20^2 Oa/xovcxVi 0
Project Manager Cell Phone # Job Name
Document Filed Date
April 27, 2023
Case Filing Date
April 24, 2023
Category
Commercial - Insurance
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FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023 EXHIBIT B FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023 Page 1 ol 2 United CREDIT APPLICATION o Rentals New Applicant Account Location #• Sales Rep tt __ Credit Update Date: TO ENSURE PROMPT PROCESSING OF APPLICATION PLEASE PRINT LEGIBLY OR TYPE. WWW.UR.COM (800) 877-3687 I. Applicant Information - Full Legal Name and Address ol Business: Ak'mr. s LLd Business Name DBA if Applicable Contraclor License # Federal Tax ID ft Z C-ltQ-kso •Sc|kjG-fvC\c.\\ C) Name Title SSN Physical Address Area Code Phone U > \ le _UL City State Zip | V. Contract Terms S Conditions: Applicant hereby applies to United Rentals lor credit and specifically consenlslo investigating Applicant's credit history and authorizes the release ol its bank account 1 information. If credit is extended. Applicant acknowledges that United Rentals requires payment upon receipt ol invoice. Invoices are considered past due at 3t days In the event ol failure to timely pay any invoice, Applicant agrees to pay a service charge to United Rentals on such delinquent mvolce(s) until fully paid, at the maximum rate allowed by the laws and jurisdiction ol the originating location stated on the invoice, and collection costs and/or attorney's lees in an amount that is not less than 25% of the outstanding balance owed. At the discretion ol United Rentals, any account with a delinquent balance may be placed on a cash basis at any time, and lhe equipment picked up without notice. Additionally. United Rentals reserves the right to pursue remedies available to it under the party's contracts at law or in equity. Applicant agrees to be bound by the terms and conditions as set forth in United Rentals' standard form of Rental and Sales Agreement, or similar document, in use al the time of eacit rental or sales transaction in lhe jurisdiction where the purchase or rental occurs, which terms and conditions are incorporated herein by reference and which constitute a pan of the credit agreement, regardless ot whether or not the agreement is executed by an authorized representative of Applicant. United Rentals reserves the right to file preliminary notices for work done in states where these notices are required by state law in order to protect our lien rights | VI. Applicant Signature ] X (-iSS® Authorize^ Signa'itufe of Applicant Date Signed Printed (tame of Applicant Title of Applicant I a corp- or other ii(_ Legal Entity. FILED: ONONDAGA COUNTY CLERK 04/27/2023 10:46 AM INDEX NO. 004103/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/27/2023 Page 2 of 2 CREDIT APPLICATION PLEASE PRINT LEGIBLY OR TYPE VII. Personal Guaranty: In consideration of the extension of credit to /)+cidfv\ flsMc 2- Z-G ("Business Name"), the undersigned, jointly, severally and unconditionally guarantees and promiseslo pay all amounts now owing or which may thereinafter become owing by the company to United Rentals It is understood and agreed that ths ts a continuing guaranty and United Rentals shall not be obligated to notify the undersigned of the dales or amounts of any such credit, that the undersigned waives demand and notice of default and agrees that any extension ol time or other forbearance, which may be granted by United Rentals shall not affect or after United Rentals’ rights under this guaranty. The undesigned further waives (a) notes of acceptance of th® guaranty, (b) any demand for paying under this guaranty, (c) benefit of all exemptions and homestead laws; (d) all set-offs and counterclaims, and (e) all ether notices to which the undersigned might otherwise be entitled. The undersigned tor themselves and the company further agrees to pay n service charge to United Rentals al the maximum rate allowed by the laws of the jtxisdiction where the originating United Rentals locationfs) staled on the invoice(s) is located on all delinquent balances as well as aH costs and expenses United Rentals incurs in connection with the collection of any delinquent balance or any other default by the company on any agreement or transaction the company may enter into with United Rentals, including without limitation reasonable attorney's fees and all other fees arising from placement of collection. This is a guaranty of payment and not of collection and the unders 1661 et sea The undersigneds obligations hereunder may be canceled only by written notice delivered to United Rentals by certified mail, with proof of delivery. Upon receipt by United Rentals of such cancelation notice lhe unders^gred shall not be liable for any further oxtensions of credit to the company however, the undersigned shall continue to be liable lor all indebtedness of Applicant incurred prior to the date of United Rentals’ receiptof the cancellation notice, together with all pre- and post- cancelation service charges, reasonable costs of colteclion. including attorney s fees, incurred in United Rentals' efforts to collect any indebtedness incurred prior to the date receipt o’ lhe cancellation notice. The undersigned agrees that any and all claims of lhe undersigned against the Applicant shal be subordinate and subject in right of payment to the prior payment in full of all indebtedness to United Rentals by Applicant In consideration of Unrted Rentals' extension ol credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to. this guaranty to the extent allowed by the laws of the Stale of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County. State of Delaware. The undersigned recognizes the obligation both ol the Applicant and die undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supples furnished by UnrtedRertals pursuant to this agreement to bo hold in a separate account in bust for payment to United Rentals. The undersigned agrees that the Applicant shall not use said payments for any other purpose until payment in ful has been made to United Rentals The undersigned agrees to act as a fiduciary for payment to United Rentals in exchange lor the Applicant's abilrtyto rent andtor purchase equipment and supples on credit. The undersigned agrees that any failure to hold payments m trust for United Rentals shal create a debt which is not dischargeable m bankruptcy and which shall be an exception to discharge pursuant to the terms of 1 1 U S.C §523(a)(4) and (6). The undersigned agrees to be bound, to the same extent as Applicant, by the terms and conditions as sot forth in United Rentals' standard form of Rental and Sates Agreement in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs, which terms and conditions are incorporated herein by reference and which constitute a partof the credit agreement and guaranty, regardless of whether or not the agreement is executed by an authorized representative ol Applicant. Indivi Date Print Name of Individual AV+r Li 2. CbMo^. i2z> Sm C o~C K)Y I ^7 o-k. ! Social Security Number City Z State Zip X Witness Signature Date Print Name of Witness Has Applicant or any o» its owners, partners, officers, directors, or managing members, or any personal guarantor, ever been a debtor in a voluntary’ or an involuntary bankruptcy filing, had a receiver appointed or made an assignment lor the benefit of creditors*’ YES NO Has any of Applicants owners. partners, officers, directors, or managing members ever been an owner, partner, officer, director . or managing member of any business enterprise which was a debtor m a voluntary or an involuntary bankruptcy tiling, naa a receiver appointed, or made an assignment for the benefit of cieditors? YES NO |vill. Tax Requirements- (Tax Fees Will Be Charged If You Fail To Provied A Valid Certificate) All purchases are 'TAXABLE" TAX Exempt. yes NO (if yes we need a valid Tax Exempt certificate) | IX. Insurance Options Property Insurance must be provided to show proof of coverage for rented or leased equipment with a limit high enough to cover all equipment rented from United Rentals Inc at any point in time, in order to avoid being charged optional Rental Protection Plan (RPP) on each rental contract. |X Bonding Company (Attach Copy ot Payment Bond) Name Address City State Zip Area Code Phone » Xi. Additional Contact Information: US ; ~l ~l- 20^2 Oa/xovcxVi 0 Project Manager Cell Phone # Job Name