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Term Sheet <br /> <br />Provision DescriptionClause <br />Sunbelt indemnifies for its negligent acts or omissions <br />Indemnity <br />Sunbeltis notresponsible foranyaction or inaction of PPA <br />Neither party shall have any liability in regard to consequential, <br />Consequential Damages <br />exemplary, special, incidental or punitive damages, even if it has been <br />advised of the possibility of such damages. <br />Limitation of Supplier Liability In consideration of the rental of the equipment and services provided, <br />Customer agrees that Sunbelt’s liability under this contract, including any <br />liability arising from Sunbelt’s or any third party’s comparative, <br />concurrent, contributory, passive or active negligence or that arises as a <br />result of any strict or absolute liability, shall not exceed one million <br />dollars($1,000,000). <br />Insurance Sunbelthas insurancetocover their obligations (w/SIR of$5M) <br />PPA is self-insured <br />Confidentiality SuppliermaintainsPPA information confidential <br />What isallowed foruse ofEquipment. See AttachmentA <br />Use ofRental Equipment <br />Supplierto perform allmaintenance, PPA must advise if a need for service <br />Maintenance <br />is noticed <br />Return of Equipment <br />PPAmustcallSunbeltfor pick-up and receive a pick-upnumber thatis <br />timeand datestamped <br />Choice of Law State of PPA <br />Warranty For Equipment rented – repairor replacement of faulty equipment <br />Net 30 <br />Payment Terms <br />28days <br />BillingCycle <br />DiscountoffBookRate fornon- <br />Day 5% / Week10% /4-week 15% <br />core equipment <br />Single Shift8/40/160 <br />Overtime Shift Rates(fordiesel drivengenerators, pumpsand air compressors): <br />Double Shift Rate = 1.5 X Day / Week / Month Rate <br />8 - 16 hours per day <br />40.1 - 80 hours per week <br />160.1 - 320 hours per month <br />Triple Shift Rate = 2 X Day / Week / Month Rate <br />16.1+ hours per day <br />80.1+ hours per week <br />320.1+ hours per month <br />Overtime charges for engine drive equipment (excluding diesel engine <br />generators, pumps and air compressors) will be calculated as follows: <br />Divide the quoted rate by the hours allowed and multiply by the number <br />of hours used over and above the hours allowed. <br />*During a Declared State of Emergency, or a pending or existing disaster <br />or catastrophe, natural hurricane, tornado, flood, etc.) or otherwise a one <br />week minimum rental period at triple shift rates will apply for all diesel <br />generators and pumps. <br /> <br /> <br />1799 Innovation Pt. Fort Mill, SC 29715 Phone: 866-786-2358 Fax: 803-578-6850 <br /> <br /> <br />