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Home My WebLink About950899.tiffRESOLUTION RE: APPROVE LEASE AGREEMENT FOR MOTORGRADERS WITH WAGNER EQUIPMENT COMPANY AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Lease Agreement for motorgraders between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Wagner Equipment, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement for motorgraders between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Wagner Equipment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTES Weld BY: Deputy Clerk G a Board APPROVED AS TO FOR torney WELD COUNTY, CQI1ORA>O Dale K. Hall, Chairman J. Kirkmeyero-Tem r. 'Geor e£. Baxter �p Constance L. Harbert FXCI IRFn W. H. Webster 4-1 950899 EG0034 WAGER Equipment Co. MAKE MODEL SERIAL NO STOCK NO ei ICE DENVER, CO (303) 739-3000 GRAND JUNCTION (303) 242-2834 DURANGO (303) 259-2001 PUEBLO (719) 544-4433 HAYDEN (303) 276-3781 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: Lessee BUSINESS ADDRESS 9/5 /0 T.ti 1_ 4 tt&e ( SO632. Social Security No. n Federal Tax No. JlGbte• t-, ev :35l.-52Y;o )(37S"o Customer Contact Customer Phone SHIPPING ADDRESS Zja t�77l.q- ' )4e2r Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment. t�LC� /9D6 - 0544p 0.3/00 6 V/09 To be used at or near City County State ON THE FOLLOWING TERMS: (All Rental EquipmenttFF.O..B�Waa`gner Equipment Co. Yard) I) Fora term of 1/42. fl" 126- commencing the p day of 2) For the rental of $ /1 ( O Per month (plus taxes) $ Per Equipment Value: $ %ye/J 3 7.z.s AGREED ITEMIZED CHARGES Rental: Wagner 0 Delivery Customer -46.7%2- Return Charge Insurance a <' 2a.." - Sales Tax: City County RTD State .-1) SMM Tax —, e0 "�— BALANCE DUE rifKO --�� i 0 Payment Attache 1 Attached 3) Additional Terms: C� A. CO Lessee agrees to pay an additional rental payment of $ -/ for each hour in excess of "<-2-1-40 hours equipment usage time Up any 30 ooncocutivo day period. In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 176 hours in any one 30 consecutive day period. B. Tire wear (if applicable) will be charged at the rate of $ per 1/32 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at /0C1 % of the original value of the machine for any month within which the ,rent I payment is received in the first ten days of the rental period. Rental interest for all other months will be charged at _!Y/'__._% of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $ c$'a n.../month plus applicable taxes. ax L /21e -ii -627—' ��t!c�vinayc�a.�./taxte. X0811° /� /-..---- /f / i co 4- I 6.�/ 4-ce-iihtp� C . __.... _ lLQfG4> r5 yl4 cL� ��%E.>4� .....�D /.....',GI/id� Cif// dJ S 4444 ti 7,7 - Dated this ACCEPTANCE R OMMENDED BY: are /te.i Accepted Wagner Equipment 6., LESSOR Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of $ ata rate of$ $ or minimum payment of $5.00 a deductible of $750.00 applies. day of 19 75 per month for a total of 13_,idea, see de lines insurance and will cover the machine value of $ l7 7 y providing his own insurance coverage. (See provi- ion ' . - reverse si LESSEE: Signature of Indi 'ual or ame of Corporation or Partnership By: By: Form SA 2b9-6/94 ADDITIONAL TERMS AND CONDITIONS Or 950849 t)tnrlr II LLit,' lJ ra Lr-r,il L+LN,. Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, including the date of legal delivery to a public carrierfor transit to the Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL. Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, in advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- ment or failure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company, shall constitute a renewal of this Lease for an additional month. Upon the expiration of the basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value. 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found in good, safe and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and in accordance with the following: (a) Monthly Rental Rates shall not be subject to any deductions on account of any non -working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. . (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental"), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING.Without the prior written consent of the Company, the Lessee agrees not to assign this Lease or any interest hereunder orsub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or part with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE. The Lessee agrees, at the Lessee's expense, to maintain and return to the Company the equipment in the samecondition as when delivered to it byCompany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment to.be abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, anti -freeze, belts and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY. OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all tire damage and wear beyond the ordinary wear or per 32nd of wear as designated in 3b on the reverse side of this agreement. The Company shall have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses as deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; if the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change in any of the equipment. 7. DAMAGE TO EQUIPMENT. The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by fire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as stated on the reverse side shall be the true and just basis for such an adjustment and it is understood that rentals theretofore paid shall not apply to the payment of such loss. 8. INDEMNITOR. The Lessee agrees to save harmless and/or fully indemnify the Cmmnnnv anninst all toss Hamann rinims nvnnnan. sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and (h) not to make any adjustments with insurers without Lessor's prior written consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation Insurance coverage in com- pliance with the applicable statutes and regulations of the jurisdiction(s) in which the Equipment is located.lf the Lessee does not have Insurance covering the equipment, or if Lessee has inadequate insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES.The Lessee agrees to pay any charges forwork or inspection required by any labor union. The Company may, at its option, refuse to doany repair work on the equipment in time of strike, or any other cause beyond its control, orin violation of any rule affecting the equipment. The Company reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION.Upon the termination alibis Lease, the Lessee will return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE. The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE. It is agreed that if the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee, or it any execution or writ be levied on any of the Lessee's properly, or a receiver thereof be appointed or a petition in bankruptcy befiled by or against the Lessee, or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated; and thereupon, all of Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in any action that may be instituted for the recovery of the equipment, or the enforcement of any of the Company's rights. In like manner the Company may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS. No waiver,counterclaims, or offsets of any kind or nature shall be set up or urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee, and the acceptance by the Company of any delinquent payment or any express waiver by the Company of any provisions hereof shall not consitute a waiver by the Company of such provisions asto any subsequent breach of the same, or of any other provision hereof. 17, MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer, and that no warranty against patentor latent defects in material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises at Adams County, Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS. This Lease shall inure to the benefit of and.be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto. 20. DEFAULT. Lessee agrees in case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses Incurred by the Company in enforcing said Lease, or any of the terms hereof, including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason, the sign is removed. 9517899 WAGNER Equipment Co. Liu o, lice DENVER, CO • GRAND JUNCTION (303) 739-3000 (303) 242-2834 DURANGO (303) 259-2001 PUEBLO (719) 544-4433 HAYDEN (303) 276-3781 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: /� )A e 0e n //) 110-464--) /jJ� Federal Tax No. G /L G j Customer K 1L - �V�r 'Wee) )( %sue /) CusContact SHIPPING ADDRESS Lessee BUSINESS ADDRESS 9 is ion 6 Lee 6 Swig. Social Security No. Customer Phone Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment: MAKE MODEL _ SERIAL NO. STOCK NO. 72 V /6 835 3666 To be used at or near City County State ON THE FOLLOWING TERMS: (All Rental 99Equipment F.O.B. Wagner Equipment Co. Yard) �9L 07106. 1) For aterm of commencing the - day of 19 //'M� 4.16-L2) For the rental of $__ O Per month (plus taxes) 3) Additional Terms: Per Equipment Value: $ AGREED ITEMIZED CHARGES Rental: + .yin o-7 5618 Wagner Delivery Customer LiSe Return Charge Insurance 160.7ru.-� Sales Tax: City County RTD State - C% SMM Tax BALANCE DUE ❑ Payment Attached —CC-1 Attached Cc . ZSa A. Lessee agrees to pay an additional rental payment of $ __.[.__. —. __. for each hour in excess of hours equipment usage time i . In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 176 hours in any one 3O consecutive day period. B. Tire wear (if applicable) will be charged at the rate of $ per 1/32 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at N/4.__% of the original value of the machine for any month within which the re, payment is received in the first ten days of the rental period. Rental interest for all other months will be charged atffe'L_---% of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $ . .25;1" 4.0 ._../month plus applicable taxes. jvOOp 1 �E.../ --i'-,n-- C �B-c-i.e�l -Q � '4.QG. g% O e-ri ,:/ /ncz a I �,t-, /feety Xeeije1rj� 6- /� 42 • e --t..) &6 -/fe-e ., , - R-{-�_.4, /.ZSo .Aate-s.d-, -/...--Ai / ..'7 n-sz & . E,-, `.44tL' eaC-ce_} /!mil. e 7ee.X.6_ Dated this day of Le_ et ACCEPTADICE RECOMMENDED BY: Accepted: Wagner Equipment Co., LESSOR Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of at a rate of $ per month for a total of or minimum payment of $5.00. a deductible of $750.00 applies. LESSEE: �se declines insurance and will cover the machine value of 7'0 371 dy providing his own insurance coverage. (See provi- Signature of Individual '•r Name of Corporation or Partnership By: By: Form SA299-6N1 , ADDITIONAL TERMS AND CONDITIONS ON R VVE:,SAJE. LVllll ivi .HI L I.r(rt.:� l,Vlal Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, including the date of legal delivery to a public carrier for transit to the Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL. Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, In advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- ment or failure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company, shall constitute a renewal of this Lease for an additional month. Upon the expiration of the basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value, 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found In good, safe and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and In accordance with the following: (a) Monthly Rental Rates shall not be subject to any deductions on account of any non -working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. , (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental"), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING. Without the prior written consent of the Company, the Lessee agrees not to assign this Lease or any interest hereunder or sub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or part with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE. The Lessee agrees, at the Lessee's expense, to maintain and return to the Company the equipment in the same condition as when delivered to it byCompany, pany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment tobe abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, anti -freeze, belts and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY, OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all tire damage and wear beyond the ordinary wear or per 32nd of wear as designated in 3b on the reverse side of this agreement. The Company shall have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses as deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; if the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change in any of the equipment. 7. DAMAGE TO EQUIPMENT. The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by fire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as stated on the reverse side shall be the true and just basis for such an adjustment and it is understood that rentals theretofore paid shall not apply to the payment of such loss, 8. INDEMNITOR. The Lessee agrees to save harmless and/or fully v. loo. niM1, rho ram",-)• nnmm.r nII Inc" rlomnnn sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and (b) not to make any adjustments with insurers without Lessor's prior written consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation insurance coverage in com- pliance with the applicable statutes and regulations of the jurisdiction(s) in which the Equipment is located. If the Lessee does not have insurance covering the equipment, or If Lessee has inadequate Insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES.The Lessee agrees to pay any charges forwork or inspection required by any labor union. The Company may, at its option, refuse to do any repair work on the equipment in time of strike, or any other cause beyond its control, or in violation of any rule affecting the equipment. The Company reserves the right to remove the equipment from the job at anytime when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION. Upon the termination of this Lease,t he Lessee will return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE. The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE. It is agreed that if the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee. or if any execution or writ be levied on any of the Lessee's property, or a receiver thereof be appointed or a petition in bankruptcy be filed by or against the Lessee, or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated; and thereupon, allot Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in any action that may be instituted fortherecovery ()Mho equipment, or the enforcement of any of the Company's rights. In like manner the Company may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS. Nowaiver.counterclaims,or off sets of any kind or nature shall beset up or urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee. and the acceptance bythe Company of anydelinquent payment or any expresswaiver by the Company of any provisions hereof shall not consitute a waiver by the Company of such provisions as to anysubsequent breach of the same, or of any other provision hereof. 17. MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer, and that no warranty against patent or latent defects in material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises at Adams County, Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS. This Lease shall inure to the benefit ofand.be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto. 20. DEFAULT. Lessee agrees in case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses Incurred by the Company in enforcing said Lease, or any of the terms hereof, Including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason, the sign is removed. 950899 WAGNER Equipment Co. :7icE. DENVER, CO • GRAND JUNCTION • DURANGO (303) 739-3000 (303) 242-2834 - (303) 259-2001 PUEBLO (719) 544-4433 HAYDEN (303) 276-3781 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: Lessee BUSINESS ADDRESS 9i51a . !Lee-ee.D632 Social Security No. S« Federal Tax No. .t'ev 356-Siero X 373O Customer Contact Customer Phone SHIPPING ADDRESS Hereby enter into a� rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment: MAKE MODEL SERIAL NO STOCK NO. /70 L Equipment Value: $ 7.ZV /6778 63 9/ y To be used at or near County 6-l& City 40 -- State ON THE FOLLOWING TERMS: (All Rental Equipment F.O.B. Wagner Equipment Co. Yard) 1) For a term of A22- �1b commencing the r' day per month (plus taxes) of ¢�7g ,> 2) For the rental of $ '"C-/ Per Per AGREED ITEMIZED CHARGES Rental: teat- /%1O72tf� ye 5' Wagner O Delivery Customer -X- Return Charge Insurance I� Lr7L'J Sales Tax: City County RTD State SMM Tax BALANCE DUE -C.- C� ❑ Payment Attached -- 6t6C-1 Attached 0 0 3) Additional Terms: 00 A. Lessee agrees to pay an additional rental payment of $ %_ for each hour in excess of ""z`-5 O hours equipment usage time 4 .In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 176 hours in any one 30 consecutive day period. B. Tire wear (if applicable) will be charged at the rate of $ per /32 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at A04 % of the original value of the machine for any month within which the rental payment is received in the first ten days of the rental period. Rental interest for all other months will be charged at A//A % of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $ 5-y.$_le . /month plus applicable taxes.as G i /s2. /7'IO72G7'<v LmZIL�! J? 0' -� ePsd.L� ni eige5 �nQLi—v ,-1-2072Z,+/ %De fry, 46111--p . a e—t4i w Gda--t tit> 4Ce.: ./!d'GG2.,--• tat(r /_Z50 �ittu-z.v e ---tom 42 /)2en s ._. — Dated this / ^ ' cZj day of 19 75 . ACCEPTANC RECOMMENDED BY: 2ci Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of $ at a rate of $_ per month fora total of $ or minimum payment of $5.00. a deductible of $750.00 applies. LESSEE: ee declines insurance and will cover the machine value of $ /4/j 37a-eby •roviding his own insurance coverage. (See provi- n rev-rs- '•e Signature of Indit)iduaYdr Name of Corporation or Partnership Accepted: Wagner Equipr44nt Co., LESSOR By: By: _ Form 6A299 -e/94 -. ADDITIONAL TERMS AND CONDITIONS ONAC "�LLS4E H)lll l'IviL Id 11L/1V1 H ( I r rLL;d,r_ .r,I,,_ ) i U, Lj,jlUIv Jr L.,(Ult lvILN I. Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, including the date of legal deliveryto a public carrier for transit to the Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL. Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, in advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- ment or failure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company, shall constitutea renewal of this Lease loran additional month. Upon the expiration otthe basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value. 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found in good, safe and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and in accordance with the following; (a) Monthly Rental Rates shall not be subject to any deductions on account of any non -working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental'), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING. Without the prior written consent of the Company, the Lessee agrees not to assign this Lease or any interest hereunderorsub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or part with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE. The Lessee agrees, at the Lessee's expense, to maintain and return to the Company the equipment in the same condition as when delivered to it byCompany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment lobe abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, anti -freeze, belts and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY. OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all fire damage and wear beyond the ordinary wear or per 32nd of wear as designated In 3b on the reverse side of this agreement. The Company shalt have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses as deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; if the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change in any of the equipment. 7. DAMAGE TO EQUIPMENT. The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by fire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as staled on the reverse side shall be the true and just basis for such an adjustment and it Is understood that rentals theretofore paid shall not apply to the payment of such loss. 8. INDEMNITOR. The Lessee agrees to save harmless and/or fully sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and lb) not to make any adjustments with insurers without Lessor's priorwritt en consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation insurance coverage in com- pliance with the applicable statutes and regulations of thejurisdiction(s) in which the Equipment is located.lf the Lessee does not have insurance covering the equipment, or if Lessee has inadequate insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES. The Lessee agrees to pay any charges forwork or inspection required by any labor union, The Company may, at its option, refuse to do any repair work on the equipment in time of strike, or any other cause beyond itscontrol, or in violation of any ruleaffecting the equipment. The Company reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION. Upon the termination of this Lease, the Lesseewill return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE, The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE. It is agreed that it the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee, or if any execution or writ be levied on any of the Lessee's property, or a receiver thereof be appointed or a petition inbenkruptcybefiled by or against the Lessee, or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated; and thereupon, all of Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in anyaction that maybe instituted for the recovery of the equipment, or the enforcement of any of the Company's rights.ln like manner the Company may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS.Nowaiver,counterclaims,or offsets of any kind or nature shall beset up or urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee, and the acceptance by the Company of any delinquent payment or any express waiver by the Company of any provisions hereof shall not consitute a waiver by the Company of such provisions asto any subsequent breach of the same, or of any other provision hereof. 17. MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer, and that no warranty against patentor latent defects in material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises at Adams County, Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS, This Lease shall inure to the benefit ofand,be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto, 20, DEFAULT. Lessee agrees in case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses incurred by the Company in enforcing said Lease, or any of the terms hereof, including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason, the sign is removed. 950899 WAGNER Equipment Co. MAIN DENVER, CO • (303) 739-3000 GRAND JUNCTION DURANGO (303) 242-2834 (303) 259-2001 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: Lessee BUSINESS ADDRESS PUEBLO (719) 544-4433 Customer Contact SHIPPING ADDRESS 6-Za 6o ,FeZ32 HAYDEN (303) 276-3781 Social Security No. Federal Tax No. Ss -ea- 5%m X5zcro Customer Phone Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment: MAKE MODEL /6f06 -- SERIAL NO. .__ (*)1:41.6 D3/S.Z., STOCK NO. _. y9/l To be used al or near County City Slate ON THE FOLLOWING TERMS: (All Rental Equipment F.O.B. Wagner Equipment Co. Yard) 1) For a term of commencing the __.... _ day of 19 2) For the rental of $_?tC Per month (plus taxes) $.... _ - -_--- ___— . Per Per 3) Additional Terms: A. Lessee agrees to pay an additional rental payment of $ 9, CC%1S ° for each hour in excess of hours equipment usage time in-an*39rortseent4 e Jay po,Rl(1. In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 176 hours in any one 30 consecutive day period. B. Fire wear (if applicable) will be charged at the rate of $ per 1/3 2 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at _ .ef,-/Z`_r. % of the original value of the machine for any month within which the rent4I is received in the first ten days of the rental period. Rental interest for all other months will be charged at _AL,yJ % of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $F plus applicable to es. A.-,.931 i� /ito-r�tt G vc t -no n& P wee 6 oe7`"=r✓/.ylc 7zc._ `, yf-, Id v.-ii-eze -e/, en,e : see. /�l&ye 6y a 'e -�ett 1740' /.ISD-%eete,v..e /2, 1, / Equipment Value: $ 79'3 X372. AGREED ITEMIZED CHARGES Rental: Wagner ❑ Delivery Customer X..' Return Charge Insurance Sales Tax: City County RTD State SMM Tax BALANCE DUE • ❑ Payment Attached -71,1114CC 1 Attached Dated this r/ ACCEPTANCE COMMENDED BY: Accepted: Wagner Equipment Co., LESSOR day of 199-6. Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of at a rate of $ per month for a total of or minimum payment of $5.00. a deductible of $750.00 applies. Let?,dde Inesinsurance and will cover the machine value of 5.0072vy providing his own insurance coverage. (See provi- onre_•r LESSEE: Signature of Individua or Name of Corporation or Partnership By: By: F4fftySA299-a/9a ADDITIONAL TERMS AND CONDITIONS ON EVERSE St E. LUUUIIi.ILir I Ll Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company _,. , LI.,UII .al,.I. THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, Including the date of legal deliveryto a public carrier for transit to the Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, in advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- rnent or failure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company,shall hall constitute a renewal of this Lease for an additional month. Upon the expiration of the basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value. 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found in good, sate and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and in accordance with the following: (a) Monthly Rental Rates shall not be subject to any deductions on account of any nonworking time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental"), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING.Without the prior written consent oftheCompany, the Lessee agrees not to assign this Lease or any interest hereunder or sub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or part with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE. The Lessee agrees, at the Lessee's expense, to maintain and return to the Company theequipment in the samecondition aswhen delivered to itbyCompany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment tote abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, anti -freeze, belts and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY, OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all tire damage and wear beyond the ordinary wear or per 32nd of wear as designated in 3b on the reverse side of this agreement. The Company shall have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses es deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; If the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change in any of the equipment. 7. DAMAGE TO EQUIPMENT. The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by fire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as stated on the reverse side shall be the true and just basis for such an adjustment and it is understood that rentals theretofore paid shall not apply to the payment of such loss. 8. INDEMNITOR. The Lessee agrees to save harmless and/or fully sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and (b) not to make any adjustments with insurers without Lessor's prior written consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation insurance coverage in com- pliancewith the applicable statutes and regulations of the jurisdiction(s) in which the Equipment is located. If the Lessee does not have insurance covering the equipment, or if Lessee has inadequate insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES, The Lessee agrees to pay any charges forwork or inspection required by any labor union. The Company may, at its option, refuse to do any repair work on the equipment in lime of strike, or anyother cause beyonditscontrol,or in violation of any ruleaffecting the equipment. The Company reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION. Upon the termination ofthisLease, the Lessee will return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE. The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE. It is agreed that if the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee, or if any execution or writ be levied on any of the Lessee's property, or a receiver thereof he appointed or a petition in bankruptcybe filed byor against the Lessee,or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated; and thereupon, all of Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in anyaction that may beinstitutedfortherecovery of the equipment,or the enforcement of anyof the Company'srights.ln like manner the Company may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS. Nowaiver,counterclaims,oroffsetso/any kind or nature shall beset up or urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee, and the acceptance bythe Company of anydelinquent payment or anyexpresswaiverbythe Company of any provisions hereof shall not consitute a waiver by the Company of such provisions as to any subsequent breach of the same,or of any other provision hereof. 17. MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer, and that no warranty against patentor latent defects in material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises.at Adams County,. Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS.This Lease shall inure to the benefit of and,be binding upon , the heirs, personal representatives, successors, and assigns of the parties 20. DEFAULT. Lessee agrees in case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses Incurred 'by the Company in enforcing said Lease, or any of the terms hereof, including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason, the sign is removed. 950899 V.AGNER Equipment Co. oPi cE DENVER, CO (303) 739-3000 GRAND JUNCTION (303) 242-2834 DURANGO (303) 259-2001 PUEBLO (719) 544-4433 HAYDEN (303) 276-3781 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: Lessee Social Security N. Federal Tax No, e-717 YJILI « . /�C/`_< 2/ 3,5- - 5/r r 2? JC 37SO Customer Contact Customer Phone BUSINESS ADDRESS SHIPPING ADDRESS l/�J /r Teti LGLd-?i'/Ztti /-4!-206 ( Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment. MAKE MODEL SERIAL NO STOCK NO. /YOC- 72V /7650 65045 - To be used at or near Ci County State ON THE FOLLOWING TERMS: (All �/117Equipment FOB.Wagner Equipment Co. Yard) /O2 1) For a term of S. commencing the /day of 19 6 2) For the rental of $ 0p Per month (plus taxes) $ Per Equipment Value: $ /art X57,2_ AGREED ITEMIZED CHARGES Re al: Wagner 0 Delivery Customer X 7R Return Charge rg/ Insurance /(/Atc�YlUd Sales Tax: City y County RTD State SMM Tax BALANCE DUE e),O a2 ❑ Payment Attached-4J6C-1 Attached 3) Additional Terms: /� A. Lessee agrees to pay an additional rental payment of $ 9t 00 for each hour in excess of /..-24.52-1 hours equipment usage time i. In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 1 76 hours in any one 30 consecutive day period. B. Tire wear (if applicable) will be charged at the rate of $ per 1/32 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at et��% of the original value of the machine for any month within which the rental joayment is received in the first ten days of the rental period. Rental interest for all other months will be charged at _off.rn % of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $..__ 4.8__6_0 /month plus applicable taxes. ,GC />2. /none -4 a¢U.,..'b-fr?/Yh.P7 .-(/ G -e.-- 0I‘,..00,`��2i /77e/n-e-aei . f, ry`,mo Dm, 4Q2ew Giir Ce( la'Ltea '&t- aZtt —421€4-l.� Blatt—, /...2,-5.0 ->14ats— ..!/2cJ 7-02. vi7e72 6. •1/4-42.6.242,6-9...a, ,--220,-bedice Dated this day of 2e: 19 9s ACCEPTANCE ECOMMENDED BY: Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of $ at a rate of $ per month fora total of $ or minimum payment of $5.00. a deductible of $750.00 applies. LESSEE: 61,-.1 %' l 4,1 ssee declines insurance and will cover the machine value of // j3.7-2tTy Providing his own insurance coverage. (See provi- n reverse s gnature of Indivial or Name of Corporation or Partnership Accepted: Wagner EquipmelffCo., LESSOR By: By: Form SA ?9n -6/p4 ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE. 950899 I:UUII hi6_i'i I LbWL3 bur. l 'Rho, W, V I. LI_bbLL "., .. U: L:.cl. 'LIL Li I. Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, including the date of legal delivery to a public carrier for transit to t he Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon wh ich transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL. Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, in advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- ment or failure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company, shall constitute a renewal of this Lease for an additional month. Upon the expiration of the basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value. 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found in good, safe and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and in accordance with the following: (a) Monthly Rental Rates shall not be subject to any deductions on account of any non -working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental"), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING.Without the priorwritten consent of the Company, the Lessee agrees not to assign this Lease or any interest hereunder orsub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or pad with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE The Lessee agrees, at the Lessee's expense, to maintain and return to the Company the equipment in the same condition as when delivered to it byCompany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment to.be abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, ant i-freeze, belts and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY. OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all tire damage and wear beyond the ordinary wear or per 32nd of wear as designated in 3b on the reverse side of this agreement. The Company shall have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses as deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; If the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change in any of the equipment. 7. DAMAGE TO EQUIPMENT,The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by lire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as stated on the reverse side shall be the true and just basis for such an adjustment and it is understood that rentals theretofore paid shall not apply to the payment of such loss. B. INDEMNITOR. The Lessee agrees to save harmless and/or fully sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and (b) not to make any adjustments with insurers without Lessor's prior written consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation insurance coverage in com- pliance with the applicable statutes and regulations of thejurisdiction(s) in which the Equipment is located. If the Lessee does not have insurance covering the equipment, or if Lessee has inadequate insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES.The Lessee agrees to pay any charges for work or inspection required by any labor union. The Company may, at its option, refuse to do any repair work on the equipment in time of strike, or any other cause beyond its control, or in violation of any rule affecting the equipment. The Company reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION. Upon the termination of this Lease, the Lessee will return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE. The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE. It is agreed that if the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee, or if any execution or writ be levied on any of the Lessee's property, or a receiver thereof be appointed ore petition in bankruptcy be filed by or against the Lessee, or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated; and thereupon, all of Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in any action that may be instituted for the recovery of the equipment, or the enforcement of any of theCompany's rights. In like manner the Company may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS.Nowaiver,counterclaims,or offsets of any kind or nature shall beset up or urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee, and the acceptance by the Company of any delinquent payment or any express waiver by the Company of any provisions hereof shall not consitute a waiver by the Company of such provisions as to any subsequent breach of the same,or of any other provision hereof. 17. MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer,and that no warranty against patent or latent defects In material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises at Adams County,. Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS.This Lease shall inure to the benefit of and,be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto. 20. DEFAULT. Lessee agrees In case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses incurred 'by the Company in enforcing said Lease, or any of the terms hereof, including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason, the sign is removed. 950893 P _ . WAGNER Equipment Co. r.. oa, DENVER, CO • GRAND JUNCTION (3C3) 739-3000 (303) 242-2834 DURANGO (303) 259-2001 PUEBLO (719) 544-4433 HAYDEN (303) 276-3781 RENTAL AGREEMENT THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS BELOW AND ON THE RI VERSE SIDE HEREOF, WHICH ARE MADE PART OF THIS AGREEMENT: /4.7 % it? % e- t.I Lessee BUSINI-SS ADDRESS ��. 497/6 : CCc'-& L-L� �/l4rte- Customer Contact SHIPPING ADDRESS Social Security No. Federal Tax No. ate., 356_s!crcX ,375-0 Customer Phone 71eZil7k2-7, z",4) Hereby onto: into n rental agreement to lease from WAGNER EQUIPMENT CO., hereinafter called the Company or Lessor, the following equipment: MAKE ('z�' MODEL /Wt." — SERIAL NO. _ O5/ 1DD 0316-5 STOCK NO ✓vv 7 070 To be used at or near ON THE FOLLOWING TERMS: (All Rental Equipment F.O.B. Wagner Equipment Co. Yard) Dated this 6 oo. c12 commencing the _ day of 2) For the rental of $ $ Per —' 3) Additional Terms: A. Lessee agrees to pay an additional rental payment of $ for each hour in excess of A:45.10 hours equipment usage time'naM 30 c . In the absence of an overtime rate, overtime will be charged at 1/ 176th of the monthly rate for each hours use in excess of 176 hours in any one 30 consecutive day period. B. Tire wear (if applicable) will be charged at the rate of $ per 1/32 of wear per tire upon return. C. In the event of subsequent purchase of the unit, rental interest will be calculated at /WA % of the original value of the machine for any month within which the TAO payment is received in the first ten days of the rental period. Rental interest for all other months will be charged at /vlA % of the original value of the machine. Rental interest shall be calculated from the date of delivery and deducted from rentals paid in determining the purchase price of the equipment. D. In the event that this machine is returned to Wagner Equipment before the guaranteed rental period is completed, the rental rate will revert to $ 5$40 /month plus applicable taxes. 19 IS Per month (plus taxes) E, 42 /J'/onnt ‘m-v1�n-nino zy-te.4-n . (a© jQ�i?10 z�G .env 4. ues� 0 7720 ACCEPTANCE RE 2 MMENDED BY: Accepted: Wagner Equipment Co., LESSOR day of 19 �S 1) For a term of �Oc• ,2; n-rit Equipment Value: $ J72 AGREED ITEMIZED CHARGES Rental: Wagner ❑ Delivery Customer X T,¢. Return Charge Insurance „Cn/ Sales Tax: City County RTD State ---D SMM Tax BALANCE DUE 0 Payment Attached -1 Attached Customer must elect A. or B. by signing below A. Lessee elects to purchase all risk insurance on the machine value of $ at a rate of $ per month for a total of or minimum payment of $5.00. a deductible of $750.00 applies. LESSEE: essee declines insurance and will cover the machine value of roviding his own insurance coverage. (See provi- By: vidu:I or Name of Corporation or Partnership By Form SA 2996/94 ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE. 950899 I(A)11 lot Hi LC/AVLL, LUR'I Ir, Ir.l,l1 I_._bLL ',,rvLo �.a.��;;Jlwi/VI L'vVI: isLly 1. Covenants, Stipulations and Conditions of this Agreement Expressly Agreed to by and Between the Lessee and Company THE RENTAL PERIOD. The Rental Period shall commence and shall cover all time consumed in transporting the equipment, including the date of legal delivery to a public carrier for transit to the Lessee and upon return of the equipment, the date of legal delivery by such carrier to the Company, or if no public carrier is used, shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Company's unloading points. The Rental Period includes any period required to repair damage incurred by the Lessee. 2. RENEWAL. Lessee may renew this Lease from month to month after the full term hereof by paying said monthly rental, In advance. Such renewals or renewal shall be on the same terms and conditions as the original Lease. The continued possession or use of this leased equip- ment orfailure to return said equipment to Company after the end of the basic term of this Lease, at the option of the Company, shall constitute a renewal of this Lease for an additional month. Upon the expiration of the basic rental term, the Company may at its option replace the machine with a similar machine and establish a new Equipment Value. 3. TRANSPORTATION. The Lessee agrees to pay all loading and transportation charges on the equipment from the point of shipment to the point of operation. 4. ACCEPTANCE RENTAL PAYMENTS. The receipt and acceptance by the Lessee of said quipment shall constitute acknowledgment that said equipment has been accepted and found in good, safe and service- able condition and fit for use. The Lessee shall pay the rental for the entire rental period on each article of equipment listed herein, at the rate therein stipulated and in accordance with the following: (a) Monthly Rental Rates shall not be subject to any deductions on account of any non -working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the num- ber of calendar days in such fraction. (b) The issuance of a purchase order document against this rental agreement (hereinafter referred to as "Rental"), shall constitute an acceptance of the Rental and not a counter offer. Provisions contained in purchase order document(s) issued against this Rental which mate- rially add to or subtract from the provisions of this Rental shall not be a part of the Rental unless specifically agreed to in writing by the Company. 5. SUBLETTING.Without the prior written consent of the Company, the Lessee agrees not to assign this Lease orany interest hereunder or sub- let, hire out, assign, pledge or mortgage all or any of the equipment, or in any manner, except as herein provided, to surrender or part with the possession, custody, or control thereof. 6. MAINTENANCE, REPAIRS AND LIABILITY OF LESSEE. The Lessee agrees, at the Lessee's expense, to maintain and return to the Company the equipment in the same condition aswhen delivered to it byCompany, ordinary wear and tear excepted. The Lessee agrees not to permit the equipment tobe abused, overloaded, used beyond its capacity, or used in a negligent manner. All labor, materials, parts, repairs and maintenance shall be paid for in full by the Lessee. This includes, but is not limited to, all expendable items such as cable, end bits, cutting edges, anti -freeze, bells and filters. CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY. OF THE LESSEE. Repairs and replacement of parts of any nature which are made necessary by reason of abuse, overloading, use beyond its capacity, or negligence on the part of the Lessee shall be paid for in full by the Lessee. Lessee shall be responsible and pay for any and all tire damage and wear beyond the ordinary wear or per 32nd of wear as designated in 3b on the reverse side of this agreement. The Company shall have the sole and exclusive right to determine which constitutes abuse of equipment, overloading, use beyond the equipment's capacity, negligence, and usage and wear that exceeds ordinary usage and wear and whether replacement and repair will be required for which Lessee shall be required to reimburse the Company. Lessee agrees to reimburse Company for all expenses as deter- mined by Company for any replacement or repair as herein required. The Lessee agrees to take good care of the equipment and keep same free and clear of all liens, claims and encumbrances of every kind and nature; if the equipment should be lost, destroyed, or rendered unfit for service, or not returned, then the Lessee shall be obligated to pay the Company the full value thereof. The equipment shall not be used in violation of any federal state or municipal statute, order, ordinance or regulation and shall be used only in connection with Lessee's business. The Lessee shall not make any change In any of the equipment. 7. DAMAGE TO EQUIPMENT. The Lessee agrees to pay the Company and indemnify it for all loss and damages occasioned by f ire, theft, flood, accident, explosion, wreck, an Act of God or any other causes that may occur during the life of this lease, and until the equipment has been returned into the possession of Company and accepted by it. The equip- ment value as stated on the reverse side shall be the true and just basis for such an adjustment and It Is understood that rentals theretofore paid shall not apply to the payment of such loss. 8. INDEMNITOR. The Lessee agrees to save harmless and/or fully sole loss payee. Lessee agrees (a) to notify Lessor of any occurrence which may become the basis of an insurance claim hereunder, and (b) not to make any adjustments with insurers without Lessor's priorwritten consent. Lessee hereby irrevocably appoints Lessor its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment, Lessee shall deliver to Lessor satisfactory evidence of such insurance coverage and shall thereafter deliver to Lessor satisfactory evidence of continued coverage. Additionally, Lessee shall maintain full worker's compensation Insurance coverage in com- pliancewith the applicable statutes and regulations of the jurisdiction(s) In which the Equipment Is located. If the Lessee does not have insurance covering the equipment, or if Lessee has inadequate insurance the Lessor may insure the equipment and bill the Lessee for the premium, which expense he agrees to pay immediately. 10. LABOR DISPUTES.The Lessee agrees to pay any charges forwork or inspection required by any labor union. The Company may, at its option, refuse to do any repair work on the equipment in time of strike, or any other cause beyond itscontrol, or in violation of any ruleaffecting the equipment. The Company reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 11. TERMINATION. Upon thetermination ofthistease, the Lesseewill return all of the equipment, transportation charges prepaid to the yards of Wagner Equipment Co. at Aurora, Colorado, or designated Wagner yard, the equipment to be so returned in as good condition as when received by the Lessee, excepting only ordinary wear caused by ordi- nary use. 12. INSPECTION PRIVILEGE. The Company reserves the right to remove from service at any time, any equipment covered by this Lease, if in Company's opinion it is deemed necessary for purpose of repair or inspection and without any liability for exercising this right. 13. REPOSSESSION PRIVILEGE, It is agreed that if the Lessee fails to make any of the lease payments or to keep or perform any of the con- ditions, covenants, and agreements herein provided to be made, kept, and performed by the Lessee, or if any execution or writ be levied on any of the Lessee's property, or a receiver thereof be appointed or a petition in bankruptcy be filed by or against the Lessee, or if the Lessee makes an assignment for the benefit of his creditors, then and in such event the Company may, at its option and without previous notice or demand, by process of law or otherwise, take possession of all or any part of the equipment wherever situated: and thereupon, all of Lessee's rights under this Lease shall forthwith cease and terminate, and the Lessee shall thereupon pay to the Company all rentals due hereunder as liquidated damages for the detention of the equipment by the Lessee representing wear and tear upon the equipment, together with all costs and expenses incurred in and about the retaking of the equipment and return thereof to the Company, including attorney's fees incurred for consultations or in any action that maybe instituted for the recovery of theequipment, ipment or the enforcement of any of theCompany's rights. In like manner theCompany may exercise in connection with the foregoing any other lawful remedy. All rights of Company are cumulative and not alternative. 14. WAIVERS.Nowaiver,counterclaims,or offsets of any kind or nature shall beset upor urged against the Company unless the same shall be in writing signed by the Company. 15. TITLE. It is agreed that the title to said equipment shall remain vested in the Company. 16. DELINQUENT PAYMENT. Time is the essence of this Lease, with respect to the performances thereof by the Lessee, and the acceptance by the Company of any delinquent payment or any express waiver by the Company of any provisions hereof shall not consitute a waiver by the Company of such provisions asto anysubsequent breach of the same, or of any other provision hereof. 17. MANUFACTURER. The parties hereto agree that the Company is not the manufacturer of the equipment, nor the agent of said manufac- turer, and that no warranty against patentor latent defects in material or workmanship or capacity is hereby given. 18. TAXES. In the event any property, sales, use or other tax or assess- ments or any public charges are hereafter levied by any public authority upon the transaction or equipment herein specified, or any part thereof, then the Lessee agrees -to pay any such taxes or assessments upon demand. This Lease is made to be performed and any liability hereunder arises at Adams County, -Colorado, and this Lease shall not be consid- ered in full force until accepted by the Company. 19. HEIRS. This Lease shallinure tip the benefit ofand,be binding upon the heirs, personal representatives, successors, and assigns of the parties hereto.` 20. DEFAULT. Lessee agrees in case of default or breach of any of the terms or conditions of this Lease, to pay all costs and expenses Incurred 'by the Company In enforcing said Lease, or any of the terms hereof, including reasonable attorney's fees. 21. VENUE. This Lease shall be construed under the laws of the State of Colorado. For purposes of determining the venue for bringing action to collect this rent when due or to enforce any other provision of this Lease, it is agreed that this rent shall be payable at Wagner Equipment Co. 18000 Smith Rd., Aurora, Colorado, and such action may be brought in Denver Country, Colorado at the election of Company. 22. SIGNS. The Company reserves the right to place on the leased equipment appropriate signs prepared by the Company identifying the equipment as equipment being leased by Wagner Equipment Co. and the Lessee covenants and agrees to not remove said sign during the term of the Lease or any extension of the Lease and further agrees to inform the Company in the event, for any reason. the sign is removed. 950899 REVISED INSTRUCTIONS ON BACK UCC-1 UNIFORM COMMERCIAL CODE FINANCING STATEMENT 1ST DEBTOR SSN/FED Tax ID . Check One: ❑ Business ❑ Personal Name (Last nil Street City, State. Zip Ilttltil I III lelelelleltlllllltlliellllell COLORADO SECRETARY OF STATE - UCC1 1560 BROADWAY STE 200 DENVER CO 80202-5169 2ND DEBTOR SSN/FED Tax ID Name (Last six Street City, State, Zip 1ST SECURED PARTY Name (Last Is0 . Street City, State, Zip . Fold Here ❑ Additional debtor(s) on attachment CHECK IF APPLICABLE ❑ This statement is to be recorded in the real estate records ONLY. ❑ This statement is to be filed in real estate AND UCC records. ❑ The debtor is a transmitting utility. For Office Use Only Check One: ❑ Business ❑ Personal ❑ Additional secured party on attachment WAGNER EQUIPMENT CO. 18000 SMITH ROAD AURORA, CO 80011 FPId.Hats ASSIGNED PARTY ❑ Additional assigned party on attachment Name (Last Is* Street City, State, Zip . (Collateral DesaiptioPI • PtMW Name(s) The Rer.0dllWd17 PLEASE CHECK APPROPRIATE BOX. THIS STATEMENT IS SIGNED BY THE SECURED PARTY INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN COLLATERAL ❑ Already subject to a security interest in another jurisdiction when it was brought into this state, or when the debtor's location was changed to this state; ❑ Which is proceeds of the original collateral described below in which a security interest was perfected ❑ As to which the filing has lapsed; or ❑ Acquired after a change of name, identity or corporate structure of the debtor. COLLATERAL CLASSIFICATION: (Supply full description) ❑ Accounts, Accounts Receivable ❑ Fixtures ❑ Proceeds ❑ Equipment, Machinery ❑ Livestock, Farm Animals, Etc. ❑ Contract Rights 13 Inventory ❑ Products ❑ Truck, Car, Vehicle ❑ Other WAGNER EQUIPMENT CO. Saeures Perry Slorueuei ) Prised Nama(e) ib 950899 UCC-1 INSTRUCTIONS 1. This document MUST be typed in UPPER CASE. 2. There are only 2 debtor sections, 1 secured party section and 1 assignee section on this form. You may enter ONLY one name per section, either personal or business, but not both. Enter complete address and Federal Tax ID# or SSN. If more space is needed, use additional 8.5' x 11' sheets with name, complete address, and Federal Tax ID or SSN of debtor(s). 3. DO NOT use titles, abbreviate, or use D/B/A, A/K/A, F/K/A etc. in the debtor, secured party or assignee name. Use complete legal business and/or personal names. 4. You must submit TWO copies of each page to the Filing Officer for state filings. One set will be numbered and stamped with the date and hour of filing and returned as the acknowledgement. Only ONE set is required for the county filings. 5. If the acknowledgement is to be returned to other than the secured party shown on the front, enclose a self-addressed envelope with filing. 6. To mail to the state, you may fold along dotted line and enclose in a standard #10 window business envelope. Be sure the Secretary of State's address shows through the window. 7. The state fees associated with filing are $10 per debtor name or address payable to the Secretary of State. This payment or a prepaid account form MUST be included with the filing. The counties accept these forms but the filing fees may vary. Check with the specific county. 8. More detailed information and instructions are available in the UCC Filing Manual. This commercially available manual is priced at $10. It has detailed instructions on how to fill out the forms and warns of the most common errors that cause rejections. 9. Questions may be addressed by calling (303) 894-2200- ext 3 from 8:30 am to 5:00 pm. 10. There are three options in Colorado on where to record liens. The collateral or security used determines where to file: Collateral Agricultural products (Liens may require a UCC filing with the county) Farm Equipment, accounts or general intangibles arising from or relating to the sale of farm products by a farmer; consumer goods; timber to be cut or minerals which may be extracted from the earth; goods which are or are to become fixtures. All other collateral Filing Office Central Filing Systems, Inc. 1301 Pennsylvania St. - Box #5 Denver, Co 80203 (303) 831-0623 County Clerk of county where debtor lives or where collateral is. See the county list in the UCC Filing Manual. Secretary of State 11. The state has a charge for rejection of incomplete or incorrect forms. Forms not submitted per the above instructions are returned for correction and will incur a $5 rejection fee. Rejection may affect your priority rights. 12. The state has a prepaid account system which will allow many functions to be handled via faxed requests. For more information, contact the Secretary of State at (303) 894-2251 or fax a request to (303) 894-2242. 13. An assignment on this form is considered to be for all collateral listed, therefore a full assignment. 14. This form may be photo copied. „}0899 Hello