This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature  (“Effective Date”), and is made between Noquemanon Trail Network, a 510(c)(3) non-profit  corporation organized under the laws of Michigan, with offices at PO Box 746, Marquette, MI (“Owner”), and _______________(“Renter”). Owner and Renter are hereinafter collectively referred  to as “Parties”. 

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this  Agreement:  

- ___________ sections of barricade fencing (and trailer) 

1. Term. This Agreement shall commence on the Effective Date and remain in full force and  effect until Equipment is returned to Owner. Noquemanon Trail Network will pick up all fencing  sections no later than _____________, unless terminated earlier consistent with the terms  herein. 

2. Payment. Renter shall pay the following in advance: See pricing on Attachment 1. ___________  plus hauling. Total initial payment of ____________. 

and authorize Owner to charge the debit card or credit card on file with Owner an amount equal  to all payments and fees due under this Agreement.  

Renter shall also pay other charges in accordance with this Agreement due upon return of  Equipment, to the fullest extent allowed by law, including but not limited to: 

a) charges for optional services, if any;  

b) applicable taxes;  

c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value  caused by damage to it or repair to it, and costs to enforce such charges including administrative  fees for processing the claim and legal expenses;  

d) a $100.00 charge for late return of the Equipment or the highest amount allowable under law; unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term; e) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs  in locating and recovering the Equipment;  

f) all costs incurred to collect unpaid monies due; and 

g) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for  making payment with insufficient funds. 

3. Security Deposit. In addition to the fees listed in Section 2, Renter shall pay a deposit of  ___% of the rental fee listed in section 2 of _______ at the time this Agreement is signed.  

4. Location of Equipment. During the Term, Equipment shall be located at _______________ Marquette MI, unless expressly agreed otherwise in writing by Owner. Additionally, NTN agrees  to drop off the _________ sections of fencing with ___________ on site to direct location and assist  unloading on _______________. 

5. Care of Equipment. Equipment can only be used in a careful and proper manner and shall  not be used in any way that is inconsistent with Owner’s instructions or manuals. 

6. Repair and Alterations. The costs of all repairs made during the Term shall be paid by  Renter, including but not limited to labor, material, parts and other items. Equipment shall not be  serviced or repaired and parts and accessories shall not be replaced without Owner’s prior  consent.  

7. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the  Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner.  

8. Restrictions on Use. Renter shall not: 

a) permit the Equipment to be used by any person who is not authorized to use such Equipment; b) operate or use the Equipment or permit it to be operated or used in violation of law; c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or 

d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the  Equipment. 

9. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be  responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s  value caused by damage to it or repair to it and missing equipment.  

10. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is  hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment  and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES  NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF  PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND  DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY 

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE  AND NON-INFRINGEMENT.  

11. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in  the same condition as Renter received it, except for normal wear and tear. Renter shall return  the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.  

12. Termination. This Agreement shall terminate on the date specified in Section 1. Owner  reserves the right to terminate this Agreement earlier upon notice to Renter.  

13. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner  from and against any claim, demand, cause of action, loss or liability (including attorney’s fees  and expenses of litigation) for any property damage or personal injury arising from Renter’s use  of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful  misconduct. The provisions of this Article shall survive the termination of this Agreement with  respect to any claims or liability accruing before such termination. IN NO EVENT SHALL  OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR  DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED  TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF  SUCH DAMAGES.  

14. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter  shall immediately notify Owner in the event Equipment is levied, has a lien attached or is  threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and  damages caused by such action. Equipment shall be deemed at all times to be personal  property, whether or not it may be attached to any other property. 

15. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement  shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a  waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by  Renter shall not constitute a waiver of any breach. 

16. Severability. In the event any provision of this Agreement is held by a court or other tribunal  of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum  extent permissible under applicable law, and the other provisions of this Agreement will remain in  full force and effect. The parties further agree that in the event such provision is an essential part  of this Agreement, they will begin negotiations for a suitable replacement provision.  

17. Entire Agreement. This Agreement represents the entire understanding relating to the  subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional  communications. This Agreement can only be modified by a written amendment signed by the  party against whom enforcement of such modification is sought. 

18. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign  this Agreement or any part thereof. Any attempt to do so shall be a material default of this  Agreement and shall be void.  

19. Headings. Paragraph headings used in this Agreement are for reference only and shall not  be used or relied upon in the interpretation of this Agreement. 

20. Counterparts. This Agreement, and any amendment thereof, may be executed in two or  more counterparts, each of which shall be deemed an original, but all of which together shall  constitute one and the same document. 

Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and  understood the foregoing.