Dock Equipment Rental Agreement

Dock Equipment Rental Agreement

Parties

Lessor (Owner):

Lessee (Renter):

Recitals

WHEREAS, Lessor owns certain dock-related equipment and accessories described herein and is willing to rent such equipment to Lessee on the terms and conditions set forth in this Agreement; and

WHEREAS, Lessee desires to rent the dock equipment for commercial or recreational use at the location specified below, and represents it has the authority, competence and insurance to accept and operate such equipment; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing as of the Effective Date:

Scope of Work / Equipment Description

Lessor agrees to rent to Lessee, and Lessee agrees to rent from Lessor, the equipment described below for use at the delivery/site location specified. Lessee accepts the equipment in its current condition and will return it in substantially the same condition, ordinary wear and tear excepted.

Delivery Method:

Site Location:

Payment Terms

Rental Rate: Lessee shall pay Lessor a rental amount of $ per .

Security Deposit: Lessee shall pay a security deposit of $ refundable subject to deductions for damage, loss, or unpaid charges.

Late Payment: Any payment not received within days after its due date shall incur a late fee of per month on the unpaid balance or the maximum permissible by law, whichever is less, plus all costs of collection.

Term and Termination

Term Commencement Date: . Termination Date or Estimated End Date: .

Either party may terminate this Agreement for convenience by providing the other party with days' prior written notice. In addition, Lessor may terminate immediately upon Lessee's default, failure to maintain required insurance, or use in violation of law.

Insurance and Risk of Loss

Lessee assumes all risk of loss, theft, damage or destruction of the equipment from the time of delivery or pickup until return is accepted by Lessor. Lessee shall maintain, at its expense, commercial general liability and property insurance covering the equipment with limits not less than $ and shall name Lessor as an additional insured and loss payee as to the equipment. Lessee shall furnish evidence of such insurance prior to delivery.

Certificate of Insurance Provided: Yes

Maintenance, Use and Repairs

Lessee shall at its expense maintain the equipment in good working order and shall not make structural alterations or repairs without Lessor's prior written consent. Lessee shall promptly notify Lessor of any accident, malfunction or damage. Repairs that are not due to ordinary wear shall be the responsibility of Lessee.

Inspection and Return

Lessor or its representative may inspect the equipment during reasonable hours. Upon termination or expiration, Lessee shall return the equipment to Lessor in the same condition as received, reasonable wear and tear excepted. If equipment is not returned, Lessor may repossess and Lessee will be liable for all costs of repossession, repair and loss of rental value.

Warranties; Disclaimer

Lessor warrants only that it has the right to rent the equipment. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, LESSOR PROVIDES THE EQUIPMENT "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

Lessee shall indemnify, defend and hold harmless Lessor and its agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) arising out of Lessee's possession, use or operation of the equipment, except for claims resulting from Lessor's gross negligence or willful misconduct.

Confidentiality

Each party agrees to keep confidential and not disclose to third parties any non-public commercial or technical information disclosed by the other party in connection with this Agreement, except as required by law or to enforce rights under this Agreement.

Default; Remedies

A default occurs if either party materially breaches this Agreement and fails to cure within days after written notice. Upon default, the non-defaulting party may terminate, seek damages, repossess equipment and recover reasonable costs and attorney fees incurred in enforcing this Agreement.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

Neither party may assign this Agreement without the prior written consent of the other, except that Lessor may assign to a successor entity. Notices shall be delivered to the addresses set forth above and shall be effective upon receipt.

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