Business MEWP Document

BUSINESS MEWP AGREEMENT

This Business MEWP Agreement (the Agreement) is made effective as of Effective Date: by and between Provider Name: and Client Name: .

RECITALS

WHEREAS, Provider is duly engaged in the business of supplying, renting, inspecting and maintaining Mobile Elevating Work Platforms (MEWPs) and related services for commercial worksites; and

WHEREAS, Client requires use of one or more MEWPs at the Client worksite identified below for the performance of elevated work and desires to engage Provider to supply MEWP equipment and specified services under the terms and conditions set forth in this Agreement; and

WHEREAS, Provider has represented that Provider will supply MEWP(s), trained operators (if so selected), maintenance and inspection services, and insurance coverage consistent with this Agreement.

SCOPE OF WORK

Provider shall furnish the equipment and perform the services described below at the worksite. Equipment and services shall conform to applicable industry standards and regulatory requirements. The parties agree the initial description is:

PAYMENT TERMS

Client shall pay Provider for equipment rental, operator services (if provided), maintenance, and any additional services as specified. All amounts are stated in United States dollars unless otherwise agreed in writing.

Late payments shall accrue a late fee of of the overdue invoice plus interest at until paid. Client shall also be responsible for reasonable collection and legal costs.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within the notice period specified above. Provider may also terminate immediately if Client fails to maintain required insurance or otherwise creates an imminent safety hazard.

CONFIDENTIALITY

Each party shall hold in confidence all non-public information disclosed by the other party that is designated confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that is publicly known through no fault of the receiving party, or rightfully received from a third party without restriction.

The obligations of confidentiality shall survive termination or expiration of this Agreement for a period of years. Either party may seek injunctive relief to prevent a breach or threatened breach of confidentiality.

INSURANCE, INDEMNITY AND LIABILITY

Provider shall maintain commercial general liability and equipment insurance covering its operations and the MEWP(s) with limits not less than per occurrence. Client shall maintain general liability insurance covering Client operations at the worksite.

To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Provider, its officers and agents from and against any claims, liabilities, damages, losses and expenses arising out of Client's negligence, misuse of the MEWP, failure to follow Provider's instructions, or Client's breach of this Agreement. Provider shall indemnify Client for claims arising from Provider's gross negligence or willful misconduct.

Provider to provide certificate of insurance to Client prior to equipment delivery.

SAFETY, TRAINING AND INSPECTION

Client and Provider shall each ensure compliance with applicable workplace safety laws and industry standards. Only trained and certified operators shall operate MEWP equipment.

Operator Provided By:   Training Required: Yes

Pre-operation Inspection Responsibility: Provider Client

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including all exhibits, schedules and written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and communications, whether oral or written. No amendment to this Agreement shall be effective unless in writing and signed by both parties.

NOTICES

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