Equipment Rental Supplemental Agreement

EQUIPMENT RENTAL SUPPLEMENTAL AGREEMENT

This Equipment Rental Supplemental Agreement (the Agreement) is entered into by and between Lessor Name: with principal address: , and Lessee Name: with principal address: .

RECITALS

WHEREAS, Lessor is the owner or authorized operator of certain machinery and equipment identified herein; and

WHEREAS, Lessor and Lessee previously entered into an Equipment Rental Agreement dated (the Original Agreement); and

WHEREAS, the parties wish to supplement the Original Agreement on the terms set forth in this Agreement.

SCOPE OF WORK / SUPPLEMENTAL PURPOSE

The parties agree that the Original Agreement is supplemented to include the following additional equipment, services, permissible use, and obligations:

EQUIPMENT SCHEDULE

The additional equipment covered by this Supplemental Agreement is described below. Lessee acknowledges receipt of the listed equipment in the stated condition unless otherwise noted.

PAYMENT TERMS

Rental Rate (for the equipment described in this supplemental schedule): $ per .

Payment Schedule:

Security Deposit: $ . Deposit shall be held in accordance with the Original Agreement and may be applied to repair, cleaning, or replacement costs resulting from Lessee's failure to return equipment in substantially the same condition as delivered, normal wear and tear excepted.

Late Payment: If any payment is not received by Lessor when due, Lessee shall pay a late fee of % per month (or the maximum allowable by law) on the overdue amount, plus any costs of collection, including reasonable attorneys' fees.

Taxes and Other Charges: Lessee is responsible for all sales, use, rental, excise or similar taxes and assessments arising from the rental or Lessee's use of the equipment unless statutorily exempt.

TERM AND TERMINATION

Effective Start Date: . Supplemental Term End Date: .

Either party may terminate this Supplemental Agreement for convenience upon days' prior written notice to the other party. Termination shall not relieve Lessee of any payment obligations accrued prior to termination or liability for loss or damage to the equipment.

Upon expiration or termination, Lessee shall return the equipment to Lessor in the condition required by the Original Agreement and this Supplement. If Lessee fails to return the equipment, Lessee shall be liable for recovery costs, storage, and reasonable administrative fees.

INSURANCE AND INDEMNITY

Lessee shall maintain, at its expense, insurance covering the equipment, public liability and property damage with limits not less than those specified in the Original Agreement and shall name Lessor as additional insured and loss payee as required. Evidence of such insurance shall be provided to Lessor upon request.

Lessee shall indemnify, defend and hold harmless Lessor, its agents and employees from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Lessee's use, operation, possession or maintenance of the equipment, except to the extent caused by Lessor's gross negligence or willful misconduct.

CONFIDENTIALITY

Definition: "Confidential Information" means nonpublic, proprietary or commercially sensitive information disclosed by one party to the other in connection with this Agreement, including business terms, pricing, operational data, technical specifications and customer information.

Obligations: The receiving party shall (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information solely to perform its obligations under this Agreement; and (c) not disclose Confidential Information to any third party except as required by law or with the disclosing party's prior written consent.

Exceptions: Confidential Information does not include information that is or becomes publicly known without breach, was known to the receiving party prior to disclosure, is received from a third party without breach of any obligation of confidentiality, or is independently developed by the receiving party without use of Confidential Information.

Duration: The confidentiality obligations in this Section shall continue for a period of following termination or expiration of this Agreement, unless a longer period is required by law.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Any dispute arising under or relating to this Agreement shall be resolved in the federal or state courts located in that State, and each party submits to the exclusive jurisdiction of such courts.

ENTIRE AGREEMENT; AMENDMENT

This Supplemental Agreement, together with the Original Agreement, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations, proposals, understandings and agreements, whether written or oral, relating to the same subject matter. Except as modified herein, all terms of the Original Agreement remain in full force and effect.

No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Lessor may assign to an affiliate or successor by operation of law.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Notices: All notices under this Agreement shall be given in writing in accordance with the notice provisions of the Original Agreement or, if none, delivered to the addresses set forth above.

Sign Now