TERMS & CONDITIONS
I agree that no representative of Real Rentals Nashville LLC is authorized to make any promise, warranty, or representation to me other than those reflected in writing in the Agreement. I agree to the Terms & Conditions and understand that the Agreement cannot be modified or changed except in writing signed by both parties. With respect to equipment I am renting, I have received the equipment referenced in the Agreement. In the event that I am returning equipment, I acknowledge and agree that I am returning the listed rental equipment, the total charges are correct, and additional charges may apply if the equipment is returned damaged. Signatures submitted by .pdf or other electronic means shall be accepted as originals in the absence of a valid reason to doubt their authenticity.
** Note that equipment refueling rate per gallon is $8.00/Gallon***
Terms and Conditions
RENTAL AGREEMENT FOR EQUIPMENT (NON-OPERATOR AGREEMENT) TERMS AND CONDITIONS (“AGREEMENT”)
*****Note: First Contract is for Equipment Rental (Proceed to second contract for operated equipment contract) ******
1. GENERAL. This Agreement is between Real Rentals Nashville LLC (“Real Rentals”) and the customer identified on the front page of this Agreement (“Renter”) for the lease by Real Rentals to Renter of certain machinery, equipment, accessories and other items. Real Rentals will provide Renter equipment (“Equipment”) described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. Real Rentals will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). The Rental Price includes the amount for the Equipment. Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 6.
2. RENTAL OF EQUIPMENT. Real Rentals hereby leases to Renter, and Renter hereby leases from Real Rentals the machinery, equipment, accessories and other items described on the front page of this Agreement. Renter is responsible for providing overall jobsite safety and complying with all laws related thereto, including obtaining required permits and approvals.
3. RENTAL PERIODS AND USAGE HOURS. Real Rentals offers various rental durations for the convenience of the Renter, with corresponding usage hours as follows:
(a) DAILY RENTAL: This rental duration is up to 24 hours, with a maximum USAGE OF 8 HOURS of equipment operation.
(b) WEEKLY RENTAL This rental duration spans 7 consecutive days, with a maximum USAGE OF 40 HOURS of equipment operation.
(c) MONTHLY RENTAL: This rental duration covers a period of 30 consecutive days, with a maximum USAGE OF 160 HOURS of equipment operation.
Renter agrees to adhere to the specified usage hours for the selected rental duration. Exceeding the maximum usage hours will result in additional charges as per the terms outlined in Section 6 of this Agreement.
4. PAYMENT. Renter is responsible for all charges due in full at the commencement of the Rental Period or upon Real Rentals’ request, using a payment card approved by Real Rentals (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes Real Rentals to process all amounts due, on Renter Card (including vehicle rental, traffic law violations and parking citations, and any applicable administrative charge). In the event Renter cancels delivery of equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify Real Rentals in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of Real Rentals rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.
5. PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that Real Rentals has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:
(a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;
(b) Renter has received all information requested regarding the operation of the Equipment;
(c) Real Rentals is not responsible for providing operator or other training;
(d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner;
(e) Renter is the sole party responsible for Engineering, Designing, Permitting, or Coordinating necessary construction plans;
(f) Renter is the sole party responsible for Engineering, Designing, Permitting, or Coordinating underground utilities where applicable approvals; Equipment, or encumbrances;
(i)Renter is the sole party responsible for obtaining the proper and required permits; Renter is the sole party responsible for obtaining the proper and required
(j) Renter will keep the Equipment in a secure location;
(k) Renter will maintain possession of the Equipment and will not sublease, sell the assign this Agreement;
(l) Renter will keep the Equipment free and clear of all liens, charges and
(m) Renter will use the Equipment in compliance with all applicable laws and regulations;
(n) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;
(n) Renter will not perform or aid in the vandalism or theft of the Equipment;
(o) Renter will not rent the Equipment upon the basis of false or misleading information;
(p) Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; and
(q) Renter will not remove, operate, or utilize the Equipment outside of the United States.
6. EQUIPMENT RETURN.
(a) On or before the date and at the time specified in the Agreement, Renter will return the Equipment to the Real Rentals location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 6, a cleaning charge of $100, refueling and DEF Refill* charge of $25 plus the cost of fuel and/or DEF*, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 11 below). If the Equipment is not returned at the expiration of the Rental Period or if Real Rentals determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and Real Rentals may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.
(b) Telematics. The Equipment may be equipped with a telematics device that enables Real Rentals or its fleet management provider to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems), fuel consumption, mileage, and systems status information. Real Rentals may use the information for various purposes, including, but not limited to: (a) (i) locating lost or stolen Equipment; (ii) analyzing and improving Real Rentals’ rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. Real Rentals may share information collected with companies performing services for Real Rentals, and as deemed necessary by Real Rentals, (A) to comply with legal process or a request from a governmental entity, and (B) to protect Real Rentals’ rights and property. (b) Investigations. Renter will promptly complete incident reports, deliver to Real Rentals a copy of all related documents, and fully cooperate with Real Rentals’ investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by Real Rentals.
7. EQUIPMENT DAMAGE / REPAIRS.
(a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and large equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for Real Rentals’ loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).
(b) Repairs. All maintenance or repairs shall be performed by Real Rentals. Renter agrees that an estimated “Repair Cost” will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes Real Rentals to charge the Repair Cost to the Renter Card, as defined in Section 4.
(c) On-Site Repairs. If Real Rentals’ maintenance technicians are required to be sent out to the Renter’s job site to perform any repairs, the Renter will be responsible for paying an hourly rate of $50/hour for the duration of the repair. The Renter acknowledges and agrees to this charge and authorizes Real Rentals to charge the hourly rate to the Renter Card.
(d) Accidents. Renter shall immediately notify Real Rentals of any accident involving personal injury and/or property damage arising from the transportation, possession, use, maintenance or repair of the Equipment, so that Real Rentals’ ability to investigate the accident is not prejudiced. Real Rentals shall have immediate access to, and right of retrieval and repair of the Equipment. Renter shall not remove Equipment or components thereof from the site. In the event of an accident involving damage to the Equipment arising from the acts, omissions, negligence, misfeasance, or malfeasance of Renter, including, but not limited to Renter’s employees, agents, representatives, subcontractors or independent contractors, Renter shall be solely responsible for all costs of repairs and related expenses.
8. DAMAGE WAIVER.
(a) Real Rentals hereby requires Renter to have rental insurance listing Real Rentals as an additional insured on the general liability policy and as a loss payee for physical damage.
For those without such insurance, Real Rentals offers a Limited Loss and Damage Waiver, which is not insurance. By accepting the waiver on the Agreement and promptly notifying Real Rentals of any accidents and submitting necessary police reports, Real Rentals will waive claims against the Renter for direct physical damage to the equipment, subject to these conditions. The Renter is responsible for a deductible of $500 or 25% of the repair or replacement cost, whichever is greater, for each damaged item. If the repair or replacement cost is less than $500, the Renter is fully responsible.
If the Renter has insurance covering such loss or damage, the Loss and Damage Waiver is secondary. The Renter must process their insurance claim and assign any proceeds to Real Rentals. The Renter must provide Real Rentals with insurance details prior to rental.
The following are not covered under the Loss and Damage Waiver:
A. Equipment not returned, including due to theft;
B. Damage from improper use, overloading, or exceeding capacity;
C. Damage to motors or electrical devices from artificial current;
D. Damage to tires, tubes, and wheels from blowouts, cuts, or similar causes;
E. Accessories like guard rails, kick plates, electric cords and cables, liquid fuel tanks, safety belts, and lanyards;
F. Damage from vandalism, malicious mischief, or intentional abuse;
G. Damage from misuse, failure to maintain, or improper servicing;
H. Damage from overturning; or
I. Damage from use in violation of the Rental Agreement or any laws, ordinances, or regulations.
(b) Real Rentals hereby requires Renter to have construction insurance. Real Rentals is not responsible for obtaining this insurance. Therefore, Renter shall obtain construction insurance policy prior to renting Equipment and shall show satisfactory proof thereof to Real Rentals.
9. CONTROL, SUPERVISION, AND OPERATION OF EQUIPMENT. Renter agrees that the Equipment is under Renter’s exclusive jurisdiction, possession, supervision, and control. Therefore, Renter is responsible for providing overall jobsite safety. The Equipment shall be operated in a safe and lawful manner at all times, and in accordance with the manufacturer’s operators manual, the Occupational Safety and Health Act of 1970, as amended (“OSHA”), all laws and regulations thereunder. Equipment shall not be used when overloaded or to carry persons or property for hire.
10. LIMITATION OF LIABILITY; INDEMNIFICATION.
(a) TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, RENTER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND REAL RENTALS, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, SUCCESSORS, ASSIGNS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY CLAIM, SUIT, JUDGMENT, DAMAGE, INJURY, LOSS, COST, EXPENSE OR PENALTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ATTORNEYS’ FEES (TOGETHER, “CLAIMS”), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT INCLUDING WITHOUT LIMITATION, CLAIMS CONNECTED WITH OR RESULTING FROM THE SELECTION, ACCEPTANCE, DELIVERY, SUPERVISION AND/OR USE OF THE EQUIPMENT BY RENTER AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES. HOWEVER, RENTER SHALL HAVE NO OBLIGATION TO INDEMNIFY AN INDEMNITEE FROM ANY NEGLIGENCE OF AN INDEMNITEE OR ANY LATENT EQUIPMENT DEFECT. THE DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS INDEMNITEES EXISTS WHETHER OR NOT BASED IN WHOLE OR IN PART UPON THE ACTIVE, PASSIVE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES. RENTER’S OBLIGATION FOR CONTRACTUAL INDEMNITY AS PROVIDED FOR HEREIN SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. RENTER EXPRESSLY AGREES TO WAIVE ANY WORKERS’ COMPENSATION IMMUNITY IT MAY OTHERWISE HAVE. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND CLAIMS BETWEEN AN INDEMNITEE AND RENTER. IN JURISDICTIONS IN WHICH THE INDEMNIFICATION PROVIDED FOR IN THIS SECTION IS BROADER THAN THAT ALLOWED BY APPLICABLE LAW, THIS SECTION SHALL BE INTERPRETED AS PROVIDING THE BROADEST INDEMNIFICATION PERMITTED AND SHALL BE LIMITED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SAID LAW.
(b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, REAL RENTALS WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST REAL RENTALS FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
EXCEPT AS PROVIDED OTHERWISE HEREIN, REAL RENTALS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. REAL RENTALS WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD OPERATING CONDITION AND FUNCTION AS INTENDED PER THE MANUFACTURER’S SPECIFICATIONS. NEITHER PARTY HERETO SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE, AND/OR REPAIR OF THE EQUIPMENT, OR ANY LOSS, DAMAGE OR INJURY RESULTING THEREFROM.
REAL RENTALS DOES NOT DESIGN OR MANUFACTURE THE EQUIPMENT AND IS NOT THE AGENT OF THE MANUFACTURER OR ANY OTHER SUPPLIER OF THE EQUIPMENT. RENTER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT “AS IS” AND ON A “WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST REAL RENTALS.
12. DEFAULT; TERMINATION: Real Rentals may declare this Agreement in default (after the lapse of the cure period described below) if any one or more of the following occurs:
(a) Renter fails to make any payment required hereunder when due;
(b) Renter materially fails to properly supervise the operation of the Equipment;
(c) Renter materially fails to observe or perform any other covenant or requirement of
this Agreement;
(d) Renter attempts to sell, transfer, or encumber the Equipment;
(e) A voluntary or involuntary proceeding is instituted in any court of competent
jurisdiction, seeking a decree or order:
A. for relief in respect of Renter under any applicable bankruptcy, insolvency, reorganization, assignment for the benefit of creditors, or other similar law, or
B. for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of Renter or its property, or
C. for the winding up or liquidation of the Renter’s affairs;
(f) Renter shall generally fail to pay its debts as they come due;
(g) Renter fails to return the Equipment prior to the expiration of the Rental Period or
fails to return the Equipment in as good order and condition as when received.
13. If Renter fails to cure any default within forty-eight (48) hours, Real Rentals may enter, with or without legal process, any premises where the Equipment is located and take possession thereof. Renter shall provide Real Rentals with unobstructed ingress and egress for such purpose. Furthermore, Renter shall immediately pay to Real Rentals all amounts then due hereunder and all costs of removal and repossession of the Equipment. Renter shall also pay Real Rentals all costs incurred by Real Rentals, including court costs and reasonable attorneys’ fees, in connection with any efforts to collect any unpaid amounts due from Renter. In addition to the rights set forth herein, Real Rentals shall be entitled to exercise all other rights and remedies under applicable law and/or equity. The remedies provided for herein shall not be deemed exclusive, but shall be cumulative, and the exercise of any one such remedy shall not prevent Real Rentals from also exercising any and all other remedies hereunder.
REMEDIES.
(a) Failure to Extend Rental Period. In addition to other remedies set forth herein, if the Equipment is not returned prior to expiration of the Rental Period and Rent has not obtained Real Rentals’ written approval prior to the expiration of such Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; (ii) Real Rentals has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires.
(b) Breach of Terms and Conditions. In the event that Real Rentals determines Renter has defaulted on any term or condition of this Agreement, Real Rentals may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event Real Rentals must take actions pursuant to this Section 13(b), Renter will reimburse Real Rentals for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes Real Rentals to charge to the Renter Card, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, including, without limitation, additional rental fees or equipment replacement fees (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, Real Rentals will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.
(c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. Real Rentals is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to Real Rentals are paid in full. Renter is prohibited to use any Real Rentals credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency on the 31st day after the expiration of the Rental Period.
14. ADDITIONAL CHARGES FOR EXCESS USAGE.
(a) If the Renter exceeds the maximum usage hours specified in Section 3 for the selected rental duration, additional fees will be incurred. These fees will be calculated based on the overage hours at the daily rental rate.
(b) The fee for exceeding the usage hours will be equivalent to the daily rental rate, applied to each hour of equipment operation beyond the stipulated limits for the respective rental duration
(c) These additional fees, based on the daily rental rates for the excess hours, will be automatically charged to the Renter Card. The Renter agrees to these charges and to pay them in accordance with the terms set out in Section 3 of this Agreement.
15. NOTICES.
(a) No Notice. Renter hereby agrees that Renter is not entitled to notice of default or notice of any action of enforcement by Real Rentals other than what is expressly provided for under this agreement. Should Real Rentals fail to meet any of its obligations under this Agreement, Renters’ only remedy is repair or replacement of the Equipment or a rental charge adjustment at Real Rentals’ sole discretion.
(b) Any notices hereunder shall be in writing and addressed to the party to be notified at the address set forth below, and shall be deemed validly given (i) three (3) days following deposit in the U.S. certified mails (return receipt requested), postage prepaid, or (ii) the next Business Day after such notice was delivered to a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement satisfactory with such carrier, made for the payment thereof, or (iii) upon receipt of notice given by .pdf of other electronic means.
To --- Real Rentals:
Real Rentals Nashville LLC
4117 Hillsboro Pike, Ste 103-525
Nashville, TN 37215
To Renter: ___titled in above contract__________________________________
(Renter) _____________________________________ (Address) _____________________________________
(City, State, ZIP) _____________________________________
(Attention) _____________________________________
(FAX No.)
or, as to each party, at such other address as shall be designated by such party in a written notice to the other party.
16. NO ASSIGNMENT OR SUBLEASE. This Agreement may not be assigned by Renter and the Equipment may not be offered by Renter for use or sublet to any other person or entity without Real Rentals’ prior written consent. Any consent by Real Rentals to an assignment or sub-lease shall not release Renter from any obligations under this Agreement.
17. RENTER’S INDEPENDENT STATUS. The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of Real Rentals for any purpose.
18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee where the Equipment is delivered, assembled, inspected and operated, excluding its conflict of laws provisions. Renter agrees that exclusive jurisdiction to bring and maintain any action or proceeding arising out of or related to this Agreement shall be brought in the county of the state where the Equipment is delivered, assembled, inspected and operated as set forth herein.
19. SEVERABILITY. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement between Real Rentals and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreement between the parties with respect to the subject matter hereof.
21. MISCELLANEOUS
(a) No obligation of Real Rentals hereunder shall survive the term hereof. Any cancellation or termination of this Agreement by the parties pursuant to the provisions hereof shall not release Renter from any then outstanding obligations to Real Rentals hereunder.
(b) This Agreement may be modified or amended only by a written instrument executed by each of the parties.
(c) This Agreement shall be binding upon and shall inure to the benefit of the parties and, subject to Section 16 hereof, their respective successors and permitted assigns.
(d) Real Rentals’ failure at any time to require strict performance by Renter of any of the provisions of this Agreement shall not waive Real Rentals’ right to demand strict compliance therewith or with any other provision hereof; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right.
(e) Renter and Real Rentals each knowingly, unconditionally, and irrevocably waive trial by jury with respect to any action, claim, suit or proceeding, whether sounding in contract, tort or otherwise, in respect of, arising out of, related to, or incidental to the relationship established between them (or as to any third parties) in with this lease, any other document or agreement executed or delivered in connection herewith, the conduct the parties, or the transactions related hereto.
22. COUNTERPARTS: The parties may execute this Agreement in multiple counterparts, each of which constitutes an original as against the party that signed it, and all of which together constitute one agreement. This Agreement is effective upon delivery of one executed counterpart from each party to the other parties. The signatures of all parties need not appear on the same counterpart. The delivery of signed counterparts by email transmission that includes a copy of the sending party’s signature(s) is as effective as signing and delivering the counterpart in persons.
23. SIGNATURES: Delivery of executed signature pages by facsimile, e-mail, .pdf, or other means of electronic transmission (including DocuSign or other similar electronic signature platforms) will constitute effective and binding execution and delivery of this Rental Agreement for Equipment. Signatures submitted by facsimile or other electronic means shall be accepted as originals in the absence of a valid reason to doubt their authenticity.
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---------------------------------CONTRACT BELOW IS FOR OPERATED EQUIPMENT ONLY --------------------------------
Terms and Conditions
Note: THIS RENTAL AGREEMENT IS FOR OPERATED AND MAINTAINED EQUIPMENT TERMS AND CONDITIONS (“AGREEMENT”)
1. GENERAL. This Agreement is between Real Rentals Nashville LLC (“Real Rentals”) and the customer identified on the front page of this Agreement (“Renter”) for the lease by Real Rentals to Renter of certain machinery, equipment, accessories and other items on an operated and maintained basis. Real Rentals will provide Renter equipment (“Equipment”) and an operator and/or crew person(s) that operate and maintain the Equipment (collectively referred to as the “Operator”) described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. Real Rentals will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). The Rental Price includes the amount for the Equipment and for the Operator. Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 6.
2. RENTAL OF EQUIPMENT. Operator and/or Crew: Real Rentals hereby leases to Renter, and Renter hereby leases and hires from Real Rentals, on an operated and maintained basis, the machinery, equipment, accessories and other items described on the front page of this Agreement. In addition, Real Rentals shall provide to Renter the Operator, which will consist of one or more persons experienced in operating and maintaining the Equipment. The Operator shall at all times operate the Equipment under the direction and control of the Renter. Renter acknowledges that Operator is purely a laborer. Renter acknowledges and agrees that at no time shall the Equipment be operated, in any fashion or for any purpose, subject to all related policies and regulations of Real Rentals, by anyone other than the Operator. Renter is responsible for providing overall jobsite safety and complying with all laws related thereto, including obtaining required permits and approvals.
3. RENTAL PERIODS AND USAGE HOURS. Real Rentals offers various rental durations for the convenience of the Renter, with corresponding usage hours as follows:
(a) Daily Rental: This rental duration is up to 24 hours, with a maximum of 8 hours of equipment operation by Operator.
(b) Weekly Rental: This rental duration spans 7 consecutive days, with a maximum of 40 hours of equipment operation by Operator.
(c) Monthly Rental: This rental duration covers a period of 30 consecutive days, with a maximum of 160 hours of equipment operation by Operator.
Renter agrees to adhere to the specified usage hours for the selected rental duration. Exceeding the maximum usage hours will result in additional charges as per the terms outlined in Section 6 of this Agreement.
4. PAYMENT. Renter is responsible for all charges due in full at the commencement of the Rental Period or upon Real Rentals’ request, using a payment card approved by Real Rentals (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes Real Rentals to process all amounts due, on Renter Card (including vehicle rental, traffic law violations and parking citations, and any applicable administrative charge). In the event Renter cancels delivery of equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify Real Rentals in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of Real Rentals rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.
5. PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that Operator will exert exclusive control over the operation of the Equipment during the Rental Period. Renter warrants that:
(a) Renter will define the scope of work and direct the Operator based on that scope of work;
(b) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;
(c) Renter has received all information requested regarding the operation of the Equipment;
(d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner;
(e) Renter is the sole party responsible for Engineering, Designing, Permitting, or Coordinating necessary construction plans;
(f) Renter is the sole party responsible for Engineering, Designing, Permitting, or Coordinating underground utilities where applicable; approvals; Equipment, or encumbrances;
(g) Renter is the sole party responsible for obtaining the proper and required permits;
(h) Renter is the sole party responsible for obtaining the proper and required
(i) Renter will keep the Equipment in a secure location;
(j)Renter will maintain possession of the Equipment and will not sublease, sell the assign this Agreement;
(k)Renter will keep the Equipment free and clear of all liens, charges and
(l) Renter will use the Equipment in compliance with all applicable laws and regulations;
(m) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;
(n) Renter will not perform or aid in the vandalism or theft of the Equipment;
(o) Renter will not rent the Equipment upon the basis of false or misleading
information;
(p) Renter will not allow the operation of the Equipment while intoxicated or under the influence of any substance that impairs Operator’s ability to operate the Equipment;
(q) Renter will not remove, operate, or utilize the Equipment outside of the United States; and
(r) Renter will not operate the Equipment during the Rental Period, and agrees that only the Operator has the power and authority to operate the Equipment at all times.
6. EQUIPMENT RETURN.
(a) On or before the date and at the time specified in the Agreement, Renter will return the Equipment to the Real Rentals location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 6, a cleaning charge of $100, refueling and DEF Refill* charge of $25 plus the cost of fuel and/or DEF*, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 11 below). If the Equipment is not returned at the expiration of the Rental Period or if Real Rentals determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and Real Rentals may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.
(b) Telematics. The Equipment may be equipped with a telematics device that enables Real Rentals or its fleet management provider to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems), fuel consumption, mileage, and systems status information. Real Rentals may use the information for various purposes, including, but not limited to: (a) (i) locating lost or stolen Equipment; (ii) analyzing and improving Real Rentals’ rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. Real Rentals may share information collected with companies performing services for Real Rentals, and as deemed necessary by Real Rentals, (A) to comply with legal process or a request from a governmental entity, and (B) to protect Real Rentals’ rights and property. (b) Investigations. Renter will promptly complete incident reports, deliver to Real Rentals a copy of all related documents, and fully cooperate with Real Rentals’ investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by Real Rentals.
7. EQUIPMENT DAMAGE / REPAIRS.
(a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and large equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for Real Rentals’ loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).
(b) Repairs. All maintenance or repairs shall be performed by Real Rentals. Renter agrees that an estimated “Repair Cost” will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes Real Rentals to charge the Repair Cost to the Renter Card, as defined in Section 4.
(c) On-Site Repairs. If Real Rentals’ maintenance technicians are required to be sent out to the Renter’s job site to perform any repairs, the Renter will be responsible for paying an hourly rate of $25/hour for the duration of the repair. The Renter acknowledges and agrees to this charge and authorizes Real Rentals to charge the hourly rate to the Renter Card.
(d) Accidents. Renter shall immediately notify Real Rentals of any accident involving personal injury and/or property damage arising from the transportation, possession, use, maintenance or repair of the Equipment, so that Real Rentals’ ability to investigate the accident is not prejudiced. Real Rentals shall have immediate access to, and right of retrieval and repair of the Equipment. Renter shall not remove Equipment or components thereof from the site. In the event of an accident involving damage to the Equipment arising from the acts, omissions, negligence, misfeasance, or malfeasance of Renter, including, but not limited to Renter’s employees, agents, representatives, subcontractors or independent contractors, Renter shall be solely responsible for all costs of repairs and related expenses.
8. DAMAGE WAIVER.
(a) Real Rentals hereby requires Renter to have rental insurance listing Real Rentals as an additional insured on the general liability policy and as a loss payee for physical damage.
For those without such insurance, Real Rentals offers a Limited Loss and Damage Waiver, which is not insurance. By accepting the waiver on the Agreement and promptly notifying Real Rentals of any accidents and submitting necessary police reports, Real Rentals will waive claims against the Renter for direct physical damage to the equipment, subject to these conditions. The Renter is responsible for a deductible of $500 or 25% of the repair or replacement cost, whichever is greater, for each damaged item. If the repair or replacement cost is less than $500, the Renter is fully responsible.
If the Renter has insurance covering such loss or damage, the Loss and Damage Waiver is secondary. The Renter must process their insurance claim and assign any proceeds to Real Rentals. The Renter must provide Real Rentals with insurance details prior to rental.
The following are not covered under the Loss and Damage Waiver:
A. Equipment not returned, including due to theft;
B. Damage from improper use, overloading, or exceeding capacity;
C. Damage to motors or electrical devices from artificial current;
D. Damage to tires, tubes, and wheels from blowouts, cuts, or similar causes;
E. Accessories like guard rails, kick plates, electric cords and cables, liquid fuel tanks, safety belts, and lanyards;
F. Damage from vandalism, malicious mischief, or intentional abuse;
G. Damage from misuse, failure to maintain, or improper servicing;
H. Damage from overturning; or
I. Damage from use in violation of the Rental Agreement or any laws, ordinances, or regulations.
(b) Real Rentals hereby requires Renter to have construction insurance. Real Rentals is not responsible for obtaining this insurance. Therefore, Renter shall obtain construction insurance policy prior to renting Equipment and shall show satisfactory proof thereof to Real Rentals.
9. CONTROL, SUPERVISION, AND OPERATION OF EQUIPMENT AND OPERATORS. Renter agrees that the Equipment and Operator of the Equipment are under Renter’s exclusive jurisdiction, possession, supervision, and control. Renter acknowledges that Operator is purely a laborer. Therefore, Renter is responsible for providing overall jobsite safety. The Equipment shall be operated in a safe and lawful manner at all times, and in accordance with the manufacturer’s operators manual, the Occupational Safety and Health Act of 1970, as amended (“OSHA”), all laws and regulations thereunder. Equipment shall not be used when overloaded or to carry persons or property for hire.
10. LIMITATION OF LIABILITY; INDEMNIFICATION.
(a) TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, RENTER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND REAL RENTALS, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, SUCCESSORS, ASSIGNS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY FOR ANY CLAIM, SUIT, JUDGMENT, DAMAGE, INJURY, LOSS, COST, EXPENSE OR PENALTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ATTORNEYS’ FEES (TOGETHER, “CLAIMS”), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EQUIPMENT INCLUDING WITHOUT LIMITATION, CLAIMS CONNECTED WITH OR RESULTING FROM THE SELECTION, ACCEPTANCE, DELIVERY, SUPERVISION AND/OR USE OF THE EQUIPMENT BY RENTER AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES. HOWEVER, RENTER SHALL HAVE NO OBLIGATION TO INDEMNIFY AN INDEMNITEE FROM ANY NEGLIGENCE OF AN INDEMNITEE OR ANY LATENT EQUIPMENT DEFECT. THE DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS INDEMNITEES EXISTS WHETHER OR NOT BASED IN WHOLE OR IN PART UPON THE ACTIVE, PASSIVE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES. RENTER’S OBLIGATION FOR CONTRACTUAL INDEMNITY AS PROVIDED FOR HEREIN SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT. RENTER EXPRESSLY AGREES TO WAIVE ANY WORKERS’ COMPENSATION IMMUNITY IT MAY OTHERWISE HAVE. IT IS EXPRESSLY AGREED THAT THIS INDEMNIFICATION CLAUSE APPLIES TO BOTH THIRD-PARTY CLAIMS AND CLAIMS BETWEEN AN INDEMNITEE AND RENTER. IN JURISDICTIONS IN WHICH THE INDEMNIFICATION PROVIDED FOR IN THIS SECTION IS BROADER THAN THAT ALLOWED BY APPLICABLE LAW, THIS SECTION SHALL BE INTERPRETED AS PROVIDING THE BROADEST INDEMNIFICATION PERMITTED AND SHALL BE LIMITED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH SAID LAW.
(b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, REAL RENTALS WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST REAL RENTALS FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE, DAMAGES RESULT FROM OPERATOR USE, OR RESULT FROM A BREACH OF THIS AGREEMENT.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
EXCEPT AS PROVIDED OTHERWISE HEREIN, REAL RENTALS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND EXPRESS AND IMPLIED WARRANTIES AS TO THE EQUIPMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. REAL RENTALS WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD OPERATING CONDITION AND FUNCTION AS INTENDED PER THE MANUFACTURER’S SPECIFICATIONS. NEITHER PARTY HERETO SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE POSSESSION, TRANSPORT, USE, OPERATION, CONTROL, MAINTENANCE, AND/OR REPAIR OF THE EQUIPMENT, OR ANY LOSS, DAMAGE OR INJURY RESULTING THEREFROM.
REAL RENTALS DOES NOT DESIGN OR MANUFACTURE THE EQUIPMENT AND IS NOT THE AGENT OF THE MANUFACTURER OR ANY OTHER SUPPLIER OF THE EQUIPMENT. RENTER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT “AS IS” AND ON A “WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST REAL RENTALS.
12. DEFAULT; TERMINATION: Real Rentals may declare this Agreement in default (after the lapse of the cure period described below) if any one or more of the following occurs:
(a) Renter fails to make any payment required hereunder when due;
(b) Renter materially fails to properly supervise the operation of the Equipment;
(c) Renter materially fails to observe or perform any other covenant or requirement of
this Agreement;
(d) Renter attempts to sell, transfer, or encumber the Equipment;
(e) a voluntary or involuntary proceeding is instituted in any court of competent
jurisdiction, seeking a decree or order:
A. for relief in respect of Renter under any applicable bankruptcy, insolvency, reorganization, assignment for the benefit of creditors, or other similar law, or
B. for the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of Renter or its property, or
C. for the winding up or liquidation of the Renter’s affairs;
(f) Renter shall generally fail to pay its debts as they come due;
(g) Renter fails to return the Equipment prior to the expiration of the Rental Period or
fails to return the Equipment in as good order and condition as when received.
13.If Renter fails to cure any default within forty-eight (48) hours, Real Rentals may enter, with or without legal process, any premises where the Equipment is located and take possession thereof. Renter shall provide Real Rentals with unobstructed ingress and egress for such purpose. Furthermore, Renter shall immediately pay to Real Rentals all amounts then due hereunder and all costs of removal and repossession of the Equipment. Renter shall also pay Real Rentals all costs incurred by Real Rentals, including court costs and reasonable attorneys’ fees, in connection with any efforts to collect any unpaid amounts due from Renter. In addition to the rights set forth herein, Real Rentals shall be entitled to exercise all other rights and remedies under applicable law and/or equity. The remedies provided for herein shall not be deemed exclusive, but shall be cumulative, and the exercise of any one such remedy shall not prevent Real Rentals from also exercising any and all other remedies hereunder.
REMEDIES.
(a) Failure to Extend Rental Period. In addition to other remedies set forth herein, if the Equipment is not returned prior to expiration of the Rental Period and Rent has not obtained Real Rentals’ written approval prior to the expiration of such Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; (ii) Real Rentals has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires.
(b) Breach of Terms and Conditions. In the event that Real Rentals determines Renter has defaulted on any term or condition of this Agreement, Real Rentals may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event Real Rentals must take actions pursuant to this Section 13(b), Renter will reimburse Real Rentals for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes Real Rentals to charge to the Renter Card, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, including, without limitation, additional rental fees or equipment replacement fees (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, Real Rentals will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.
(c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. Real Rentals is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to Real Rentals are paid in full. Renter is prohibited to use any Real Rentals credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency on the 31st day after the expiration of the Rental Period.
14. ADDITIONAL CHARGES FOR EXCESS USAGE.
(a) If the Renter exceeds the maximum usage hours specified in Section 3 for the selected rental duration, additional fees will be incurred. These fees will be calculated based on the overage hours at the daily rental rate.
(b) The fee for exceeding the usage hours will be equivalent to the daily rental rate, applied to each hour of equipment operation beyond the stipulated limits for the respective rental duration
(c) These additional fees, based on the daily rental rates for the excess hours, will be automatically charged to the Renter Card. The Renter agrees to these charges and to pay them in accordance with the terms set out in Section 3 of this Agreement.
15. NOTICES.
(a) No Notice. Renter hereby agrees that Renter is not entitled to notice of default or notice of any action of enforcement by Real Rentals other than what is expressly provided for under this agreement. Should Real Rentals fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at Real Rentals’ sole discretion.
(b) Any notices hereunder shall be in writing and addressed to the party to be notified at the address set forth below, and shall be deemed validly given (i) three (3) days following deposit in the U.S. certified mails (return receipt requested), postage prepaid, or (ii) the next Business Day after such notice was delivered to a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement satisfactory with such carrier, made for the payment thereof, or (iii) upon receipt of notice given by .pdf of other electronic means.
To-- Real Rentals:
Real Rentals Nashville LLC
4117 Hillsboro Pike, Ste 103-525
Nashville, TN 37215
To - - Renter: _____________________________________
(Renter) _____________________________________ (Address) _____________________________________
(City, State, ZIP) _____________________________________
(Attention) _____________________________________
(FAX No.)
or, as to each party, at such other address as shall be designated by such party in a written notice to the other party.
16. NO ASSIGNMENT OR SUBLEASE. This Agreement may not be assigned by Renter and the Equipment may not be offered by Renter for use or sublet to any other person or entity without Real Rentals’ prior written consent. Any consent by Real Rentals to an assignment or sub-lease shall not release Renter from any obligations under this Agreement.
17. RENTER’S INDEPENDENT STATUS. The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of Real Rentals for any purpose.
18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee where the Equipment is delivered, assembled, inspected and operated, excluding its conflict of laws provisions. Renter agrees that exclusive jurisdiction to bring and maintain any action or proceeding arising out of or related to this Agreement shall be brought in the county of the state where the Equipment is delivered, assembled, inspected and operated as set forth herein.
19. SEVERABILITY. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
20. ENTIRE AGREEMENT. This Agreement represents the entire agreement between Real Rentals and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreement between the parties with respect to the subject matter hereof.
21. MISCELLANEOUS.
(a) No obligation of Real Rentals hereunder shall survive the term hereof. Any cancellation or termination of this Agreement by the parties pursuant to the provisions hereof shall not release Renter from any then outstanding obligations to Real Rentals hereunder.
(b) This Agreement may be modified or amended only by a written instrument executed by each of the parties.
(c) This Agreement shall be binding upon and shall inure to the benefit of the parties and, subject to Section 16 hereof, their respective successors and permitted assigns.
(d) Real Rentals’ failure at any time to require strict performance by Renter of any of the provisions of this Agreement shall not waive Real Rentals’ right to demand strict compliance therewith or with any other provision hereof; and no single or partial exercise of any right hereunder shall preclude any other or further exercise thereof or the exercise of any other right.
(f) Renter and Real Rentals each knowingly, unconditionally, and irrevocably waive
trial by jury with respect to any action, claim, suit or proceeding, whether sounding in contract, tort or otherwise, in respect of, arising out of, related to, or incidental to the relationship established between them (or as to any third parties) in with this lease, any other document or agreement executed or delivered in connection herewith, the conduct the parties, or the transactions related hereto.
22. COUNTERPARTS: The parties may execute this Agreement in multiple counterparts, each of which constitutes an original as against the party that signed it, and all of which together constitute one agreement. This Agreement is effective upon delivery of one executed counterpart from each party to the other parties. The signatures of all parties need not appear on the same counterpart. The delivery of signed counterparts by email transmission that includes a copy of the sending party’s signature(s) is as effective as signing and delivering the counterpart in persons.
23. SIGNATURES: Delivery of executed signature pages by facsimile, e-mail, .pdf, or other means of electronic transmission (including DocuSign or other similar electronic signature platforms) will constitute effective and binding execution and delivery of this Rental Agreement for Operated and Maintained Equipment. Signatures submitted by facsimile or other electronic means shall be accepted as originals in the absence of a valid reason to doubt their authenticity.
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