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<br />Addendum A- Equipment Rentals Agreement <br />This Addendum A- Equipment Rental Agreement modifies the terms of the Master Agreement to <br />which it is attached and is incorporated into such Agreement. If there is a conflict between <br />language in the Master Agreement and this Addendum A, the Master Agreement controls. <br />Notwithstanding anything to the contrary contained in the Master Agreement, the Parties hereby agree to <br />the following as a summary of applicable terms for a Participating Public Agency. <br /> <br />Notwithstanding anything to the contrary, the definition of “Work” is defined in the Supplier’s Quote as <br />Equipment Rental and Labor (Services) and therefore Supplier agrees to indemnify, defend, and hold <br />Participating Public Agency harmless from and against any third-party claims including any and all <br />liabilities, losses, damages, claims, penalties, fines and expenses, including attorney’s fees for any <br />damages to property and/or persons including death (“Claims”) to the proportionate extent arising from <br />Supplier or any of its Suppliers, suppliers, officers, agents, or employees negligent acts or omissions in <br />the performance of this Agreement. Participating Public Agency will (i) give Supplier prompt notice of any <br />such Claim, and (ii) at Supplier’s reasonable request, cooperate with Supplier in the defense and <br />settlement of Claim. <br /> <br />Participating Public Agency has care, custody, and control of the Work at all times Supplier does not; <br />therefore, Supplier is not responsible for any third-party claims including any and all Claims to the <br />proportionate extent arising from Participating Public Agency’s or any of its Suppliers, suppliers, officers, <br />agents, or employees negligent acts or omissions in the performance of this Agreement. There shall be <br />no right or authority for any claims to be arbitrated or tried on a class action basis. Neither party shall <br />have any liability in regard to consequential, exemplary, special, incidental or punitive damages, even if it <br />has been advised of the possibility of such damages. <br /> <br />Terms Summary: <br /> <br />1. CREDIT APPROVAL. If the Participating Public Agency does not have a current valid account <br />established with Supplier, it must complete Supplier’s credit application and be approved for <br />a credit account. Supplier shall only be obligated to extend credit to those Participating <br />Public Agencies who qualify for credit after completing Supplier’s credit application. Any <br />Participating Public Agency of OMNIA that chooses not to obtain a Supplier credit account or <br />does not qualify for a credit account will not become a Participating Public Agency in the <br />Program. If Participating Public Agency is an existing customer of Supplier, such <br />Participating Public Agency must have no amounts outstanding longer than 60 days. <br /> <br />2. TERMINATION. Either Party may terminate this Agreement without cause by providing at least <br />ninety (90) days’ prior written notice to the other Party. <br />3. TITLE AND RISK OF LOSS. title will remain at all times with Contractor and risk of loss for the <br />Equipment transfers to Customer upon taking possession of Equipment. Risk of loss <br />transitions back to Contractor when returned to Contractor’s possession. <br />4. BILLING CYCLE. The rental charged will be determined by the daily, weekly, and 4-week <br /> <br /> <br /> <br />