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SIGNATURE DATE
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<br />Equipment Lease Terms
<br />The Equipment Lease Terms stated here and below (the “Terms”), together with the Order Form, made by a nd between Northwest Cascade Inc., dba Honey Bucket, (“Lessor”) and
<br />the Customer described on such Order Form (“Lessee”) states the agreement of the parties as to the lease of the equipment des cribed herein:
<br />1. RENTAL EQUIPMENT SUBJECT TO THESE TERMS. Lessor shall Lease to the Lessee equipment described on the Order Form (the “Equipment”).
<br />2. TERM. The term of this Lease shall commence upon the signing of the Order Form by Lessee and shall continue in full force and eff ect until the equipment is returned in
<br />accordance with these Terms and all of Lessee’s obligations under these Terms have been fulfilled unless terminated in accordance with these Terms. If Lessee fails to pay any
<br />amounts as required under these Terms when due, Lessee shall pay Lessor, in addition to such amounts, interest at the lesser of an annual rate of 12% or the highest rate allowed
<br />by governing law.
<br />3. RENTAL TAXES AND FEES. Lessee agrees to pay to Lessor the Monthly Rental, delivery fee, pick up fee, and deposit, which are payable to L essor prior to delivery of the
<br />Equipment. Lessee shall pay all license fees and taxes hereafter imposed, and relating to Lessee’s use or possession of the E quipment.
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<br />5. ACCEPTANCE. Unless Lessee gives notice to Lessor within three (3) business days after receipt thereof, specifying any defect in or other proper objection to the Equipment,
<br />Lessee agrees that it shall be conclusively presumed that Lessee has fully inspected and acknowledged t hat the equipment is in full compliance with these Terms, in good condition
<br />and repair, and that Lessee is satisfied with and has accepted the Equipment in such good condition and repair.
<br />6. SET UP, POSSESSION, USE, AND MAINTENANCE OF THE EQUIPMENT. Lessee represents and warrants that it, at its own cost and expense, shall: (a) install and maintain
<br />the Equipment on suitable terrain; (b) ensure that he Equipment is installed and maintained in accordance wi h all applicable regulations and manufacturer recommendations; (c)
<br />only install and maintain the Equipment in safe condi ions and take immediate corrective if its continued use becomes unsafe; (d) maintain the Equipment in good condition and
<br />repair (ordinary wear and tear excepted); (e) keep the Equipment at the Delivery Location noted on the Order Form; (f) keep the Equipment free of all security interest and other
<br />claims; (g) keep the Equipment conspicuously labeled to disclose Lessor’s ownership, which Lessee shall also maintain and shall not remove or deface; and (h) regularly inspect
<br />the Equipment to ensure conformity with these Terms. Lessor does not provide technical or engineering recommendations and mak es no representations or warranties as to the
<br />Equipment’s capacity, structural integrity, workmanship, safety, design, compliance with regula ions or building codes. No altera ions shall be made to he Equipment.
<br />7. OWNERSHIP. Lessor shall at all imes retain ownership and title of the Equipment. Lessee shall indemnify Lessor against all loss and damages if Equipment is levied upon or is
<br />liable or is threatened with seizure.
<br />8. INSURANCE. At Lessee’s cost, Lessee shall keep the Equipment insured against all risks of loss or damage for not less than the full repl acement value therefor, and shall carry
<br />public liability and property damage insurance covering the Equipment and its operation and handling for the amount of at least Five Hundred Thousand Dollars (US $500,000).
<br />Lessee shall deliver said policies, or duplicates thereof, to Lessor upon request.
<br />10. ENTRY. Lessee grants Lessor, and any of its agents or assignees, the right and privilege to enter on the real property where the Equipment is located as well as entry into the
<br />Equipment.
<br />11. DEFAULT. If Lessee is in default in the performance of any of the terms, covenants, or conditions of this agreement, including but not limited to, the covenant for the payment of
<br />rent, then at the sole op ion of Lessor, Lessor may (a) terminate the lease; (b) take possession of said Equipment with or without process of law, and for the purpose may enter upon
<br />any premises where the Equipment is located; (c); put a lien on he property of Lessee in the Equipment and (d) pursue any o ther remedy at law or in equity, which Lessor may at its
<br />sole option exercise or alternatively waive. By execution of this Lease, Lessee releases Lessor and agrees to hold Lessor harmless from any and all cl aims for liability or damage
<br />arising or claimed to arise as a result of the options granted to Lessor under the terms of this parag raph. Upon default, Lessor shall retain all rents, rentals, and other sums paid by
<br />the Lessee hereunder with respect to such Equipment. Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and remain liable for the
<br />full performance of all obligations on the part of Lessee to be performed under these Terms. All such remedies are cumulative, and may be exercised concurrently or separately.
<br />12. TERMINATION. This lease may be terminated by Lessor, by ten (10) days of prior written notice of intention to terminate. Upon the termination of the lease, Lessee shall
<br />surrender the Equipment and all keys thereto, and shall remove all Lessee’s property from the Equipment to Lessor for pick up by Lessor in the same condition and state of repair as
<br />at the inception of this Lease, reasonable wear and tear alone excepted. Termination will not affect those terms that by thei r nature survive or may require performance after
<br />termination (e.g. indemnity).
<br />13. RISK OF LOSS. Lessee shall bear the entire risk of all loss, theft, damage, destruction, or other interruption or termination of use of the Equipme nt and the personal property
<br />stored therein from any cause whatsoever, during the term hereof and until the return of the Equipment to Lessor. No such loss, theft, damage, destruc ion, or other interruption or
<br />termination of use of the Equipment or personal property stored therein shall relieve Lessee of the obligations hereunder. In the event of damage of any kind whatsoever to the
<br />Equipment, Lessee, at the option of Lessor, shall, at Lessee’s expense, (a) place the Equipment in good repair, condition, and working order, or (b) replace the same with like
<br />Equipment of the same make and of the same or a later model, and in good repair, condition, and working order. If, at the sole discretion of Lessor, the Equipment is determined to
<br />be lost, stolen, destroyed, or damaged beyond repair, Lessee shall immediately pay Lessor, in cash, the remaining rental balance and an amount equal to the present value of the
<br />Equipment, as reasonably determined by Lessor.
<br />14. WAIVER. No failure by Lessor to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the
<br />circumstances giving rise to such right.
<br />15. ASSIGNMENT. Lessee shall not assign or otherwise transfer its rights, obligations, and/or duties under this Agreement.
<br />16. WARRANTY . LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT THE
<br />USE OF THE EQUIPMENT OR OF ANY DEFECTS, LATENT OR OTHERWISE IN THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESS EE FOR ANY
<br />LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECT IN, OR IN EFFICEINCE OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL
<br />BREAKAGE THEREOF. LESSOR REPRESENTS AND WARRANTS THAT THE EQUIPMENT IS IN GOOD CONDITON AND FIT FOR THE LESSEE’S INTENDED PURPOSE .
<br />17. INDEMNIFICATION. TO THE : LESSEE MUS T REIMBURSE, INDEMNIFY, DEFEND, AND HOLD HARMLESS LESSOR, ITS
<br />SUBSIDIARIES, SUBCONTRACTORS, ASSIGNEES, AND AFFILIATES AND EACH OF ITS SUBSIDIARIES’ SUBCONTRACTORS’, ASSIGNEES’ AND AFFILIA TES’ PRESENT,
<br />FORMER, AND FUTURE SHAREHOLDERS, EMPLOYEES, OFFICERS, A ND DIRECTORS FROM AND AGAINST ALL LOSS, DAMAGE, EXPENSE (INCLUDING ATTORNEYS’
<br />FEES AND EXPENSES), AND PENALTY, AND ANY CLAIM OR ACTION THEREFORE BY OR ON BEHALF OF ANY PERSON (COLLECTIVELY, “LOSS”) ARISING OUT OF OR
<br />IN CONNECTION WITH THE PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT AND THESE TERMS, OR OUT OF OR INCIDENT TO THE
<br />OWNERSHIP, SELECTION, POSSESSION, OPERATION, CONTROL, USE, STORAGE, LOADING, AND UNLOADING, MAINTENANCE, DELIVERY, OR RETURN OF THE
<br />EQUIPMENT, INCLUDING, WITHOUT LIMITATION, LOSS ARISING OUT OF OR OCCURRING IN CONNECTION WITH ALL THIRD-PARTY CLAIMS FOR PERSONAL INJURY
<br />OR DEATH, AND/OR FOR LOSS OF OR DAMAGE TO PERSON OR PROPERTY.
<br /> LESSEE SHALL NOT ENTER INTO ANY SETTLEMENT AGREEMENT OR OTHERWISE
<br />AGREE TO THE ENTRY OF ANY ORDER OR JUDGMENT THAT REQUIRES LESSOR TO TAKE ANY SPECIFIC ACTION, ADMIT LIABILITY OR PAY ANY SUM OF MONEY
<br />OUT OF ITS OWN RESOURCES WITHOUT LESSOR’S PRIOR WRITTEN APPROVAL, AND PROVIDED FURTHER, THAT LESSOR HAS THE RIGHT, BUT NOT THE
<br />OBLIGATION, AT ITS EXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS OWN CHOOSING. IF THIS IND EMNIFICATION
<br />PROVISION IS CONSTRUED BY A COURT OF COMPETENT JURISDICTION TO REQUIRE INDEMNIFICATION OVER AND ABOVE THAT PERMITTED BY APPLICABLE LA W
<br />OR PUBLIC POLICY, THE PARTIES INTEND THAT THESE TERMS BE JUDICIALLY MODIFIED TO AFFORD LESSOR THE MAXIMUM INDEMNIFICATION ALL OWED.
<br />18. EXPENSES. Lessee shall pay Lessor all costs and expenses, including reasonable attorneys’ fees and costs, incurred by Lessor in exercising any of its rights hereunder or
<br />enforcing any of the Terms.
<br />19. ENTIRE AGREEMENT. These Terms and the Order Form represent the entire agreement between the parties on the subject matter hereof and supersedes all prior discussions,
<br />agreements, and understandings of every kind and nature between them. There are no conditions to these Terms not expressed herein. No modification of these Terms will be
<br />effective unless it is (i) in writing; (ii) specifically refers to these Terms; and (iii) is signed by both parties.
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<br />Signature Date
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<br />EXTENT OF LESSEE'S NEGLIGENCE OR WILFULL MISCONDUCT
<br />Cassie Franklin 05/14/2023
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