WTC GRIP RENTALS
North
Fax:(818)
Lessee agrees to indemnify and hold Lessor
harmless from any and all claims, actions, suits, proceedings, costs, expenses,
damages and liabilities, including reasonable attorney fees arising out of,
connected with, or resulting from the rental/lease of any equipment, including
motor vehicle, or the employment of any personnel provided by Lessor hereunder
provided; however, that Lessee shall have no obligation to indemnity and hold
harmless Lessor for his sole negligence or for the intention or wanton
misconduct of any personnel by Lessor hereunder.
Lessee shall secure and maintain (a)
Physical Damage insurance including coverage for collision and upset and
comprehensive losses to the equipment rented from Lessor hereunder, and (b)
Comprehensive General Liability and Business Automobile Liability insurance
both in an amount of not less than$1,000,000. Combined Single limit for personal
injury, bodily injury and property damage.
The Comprehensive General Liability form shall include the coverage
parts for broad form contractual liability.
The Business Automobile Liability policy shall include coverage for
Hired and Non-Owned Automobile Liability and Physical Damage. Lessee shall provide Certificate of Insurance,
signed by an authorized representative of the Lessee’s insurance company,
evidencing that Lessee is in compliance with the insurance provisions of this
Agreement. Lessee shall have the
insurance company providing coverage required hereunder add the interest of
Lessor as Additional Insured and Loss Payee assessor’s interest may appear in
reference to any and all equipment provided by Lessor under the terms and
conditions of this Agreement. Any
insurance certificate provided in accordance with this Agreement shall
stipulate that
Lessor shall receive 30 days written notice
of cancellation from the insurance company providing the required coverage
prior to any cancellation or reduction in the limits of liability; each such
certificate issued to Lessor shall
stipulate that the coverages indicated on the insurance certificate shall be
primary coverage and not contributing with any other insurance maintained by Lessor. It is agreed that Lessee’s insurance coverage
shall commence at the time any of the Lessor’s equipment leaves Lessor’s
premises and shall remain in full force and effect until the equipment is
returned to the premises of Lessor unless Lessor shall stipulate that such
equipment is to be returned to a specific location other than Lessor’s
premises.
Lessee agrees to provide adequate evidence
that Lessee has met the insurance requirements as indicated herein by filing
with Lessor a fully executed Certificate of Insurance at or prior to the
delivery of any equipment or vehicles rented or leased by Lessee
hereunder. Equipment coverage shall be
provided on replacement cost basis. If actual cash value basis, Lessee shall pay
difference between actual cash value and replacement cost.
Lessor agrees to indemnify, defend and hold
harmless from and against any and all claims, actions, suits, proceedings,
costs, expenses, damages and liability including reasonable attorney fees
arising out of, connected with, or resulting from the manufacture, alteration
or modification by Lessor, his employees or agents, of any equipment or vehicle
supplied to Lessee pursuant to this Agreement.
Lessee shall, at their own cost and
expense; protect, keep and maintain rented equipment which is in their custody
in a good state of operating condition. Lessee will be responsible for any cost
to repair and/or replace equipment to same condition as when delivered, normal
wear and tear accepted. Lessee shall indeed pay for any cleaning fees accrued
when equipment is inspected and inventoried
after said job.
It is further understood and agreed that
Lessee shall be obligated for loss of rental income until such time as
equipment is fully repaired and returned to Lessor or full payment in
settlement of loss received by Lessor.
LESSEE:______________________________________________ DATE:________________________
LESSOR:______________________________________________ DATE:________________________