Equipment Usage Pad

EQUIPMENT USAGE PAD

Parties and Recitals

Provider Name:

Client Name:

WHEREAS, Provider owns or controls certain equipment described below and is willing to permit Client to use the equipment subject to the terms and conditions set forth in this Equipment Usage Pad; and

WHEREAS, Client requires use of such equipment for the purposes set forth in the Scope of Use and agrees to assume responsibility for care, operation, insurance and return of the equipment as specified herein; and

WHEREAS, the parties desire to reduce their agreement to writing and to establish payment, term, and liability allocation provisions governing the usage of the equipment.

Equipment Details

Item 1

Serial/ID:    Condition on Issue:    Quantity:

Rate (per hour/day):

Item 2 (optional)

Serial/ID:    Condition on Issue:    Quantity:

Rate (per hour/day):

Scope of Use

Operator to be provided by: Client Provider

Payment Terms

Deposit Amount:    Remaining Balance Due:

Late Payment Fee:    Minimum Late Fee:

Insurance, Indemnity and Liability

Client shall maintain, at Client's expense, commercial general liability and equipment insurance covering loss, theft, damage and third-party liability with limits not less than those specified below and shall name Provider as an additional insured where applicable. Client shall provide proof of insurance prior to equipment release.

Minimum insurance limits: General Liability: ; Equipment Physical Damage:

Indemnity: Client agrees to indemnify, defend and hold Provider harmless from and against any and all claims, losses, damages, liabilities and expenses (including reasonable attorney fees) arising out of Client's use, operation, possession or control of the equipment except to the extent directly caused by Provider's gross negligence or willful misconduct.

Maintenance, Damage and Return

Client is responsible for routine maintenance during the usage period and shall return the equipment in the same condition as issued, reasonable wear and tear excepted. Any damage beyond ordinary wear will be repaired at Client's cost and may be charged at repair or replacement rates determined by Provider.

Term and Termination

Term Start Date:

Term End Date:

Either party may terminate this agreement for material breach that remains uncured for days after written notice. Immediate termination is permitted for loss, theft, or substantially unsafe operation of equipment.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party any information marked or reasonably understood to be confidential obtained under this agreement, except as required by law. Confidential information does not include information that is or becomes publicly available other than through breach of this agreement.

Client acknowledges obligation to restrict access to any proprietary operating manuals or software that accompany the equipment.

Confidentiality Acknowledged:

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 and Miscellaneous

This document, together with any attachments and written amendments signed by both parties, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, written or oral. No amendment is effective unless in writing and signed by both parties.

Notices under this Agreement shall be in writing and delivered to the addresses provided below. Failure to exercise any right shall not constitute a waiver of that right.

Contact and Delivery Addresses

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