Machinery Usage Document

MACHINERY USAGE AGREEMENT

Parties and Effective Date

This Machinery Usage Agreement (the Agreement) is made between the parties identified below on the Effective Date set forth herein.

Effective Date:

WHEREAS

WHEREAS, Owner is the lawful owner of the machinery described below and is willing to permit User to use the Machinery subject to the terms and conditions of this Agreement;

WHEREAS, User desires to obtain temporary use of the Machinery for lawful business operations and represents that User has the necessary qualifications and resources to operate and maintain the Machinery in accordance with this Agreement;

WHEREAS, the parties intend by this Agreement to set forth their respective rights and obligations regarding the provision, operation, maintenance, insurance, and return of the Machinery.

Description of Machinery

Scope of Use

The Owner grants User a non-exclusive, non-transferable right to use the Machinery solely for the following permitted activities and at the specified location:

Operator Requirements:

Operator must hold current certification/licenses for the Machinery

Delivery, Return, Maintenance

Delivery Date:    Expected Return / Pickup Date:

Fuel, Oil, Consumables:

Payment Terms

Late Payment Fee:

Insurance and Indemnity

User shall, at User's sole cost and expense, maintain insurance coverage naming Owner as additional insured where applicable. Minimum coverage limits: Commercial General Liability ; Motor/Equipment Physical Damage coverage limit: .

Indemnity: User shall indemnify, defend and hold Owner harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of User's use, possession or operation of the Machinery, except to the extent caused by Owner's gross negligence or willful misconduct.

Term and Termination

Term Commencement Date:    Term End Date:

Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches any obligation hereunder and such breach is not cured within days after receipt of written notice. Owner may terminate immediately if the Machinery is used in violation of law or operated by unqualified personnel.

Upon expiration or termination, User shall promptly return the Machinery in substantially the same condition, reasonable wear and tear excepted. Owner may retain the security deposit to remedy damages or unpaid fees with accounting to User.

Confidentiality

Each party shall keep strictly confidential any non-public technical, financial or business information disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties except to employees, contractors or insurers with a need-to-know and who are bound by confidentiality obligations no less protective than those set forth herein. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

Use Restrictions and Compliance with Law

User shall use the Machinery only for the Permitted Use stated above and in compliance with all applicable laws, regulations, ordinances and environmental requirements. Use of the Machinery for rental to third parties, dismantling for parts, or any illegal activity is strictly prohibited without Owner's prior written consent.

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; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether written or oral. Any modification or amendment to this Agreement must be in writing and signed by both parties.

Miscellaneous Provisions

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notices shall be given in writing to the addresses set forth above and shall be effective upon delivery.

Acknowledgment

Each party represents and warrants that it has the power and authority to enter into this Agreement and that the person signing below is authorized to bind the party to the terms hereof.

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