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Page 6 of 7Quote # Q-553723
<br />9/24/2025 4:40:01 PM
<br />a Division of McGrath RentCorp
<br />Corporate Headquarters
<br />5700 Las Positas Rd
<br />Livermore, CA 94551
<br />925-606-9000
<br />www.mgrc.com
<br />Sale Quotation and Agreement
<br />Quote # Q-553723
<br />Date of Quote 09/19/2025
<br />Quote Expiration Date: 10/19/2025
<br />Estimate Del Date
<br />Buyer PO#: Needed to clone
<br />previous Quote
<br />9.INDEMNIFICATION. TO THE FULL EXTENT NOT PROHIBITED BY LAW, BUYER, ON BEHALF OF ITSELF, ITS SUCCESSORS,
<br />ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SUBCONTRACTORS, AND AFFILIATES, AND THEIR RESPECTIVE
<br />REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS,
<br />CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A “BUYER PARTY,” AND COLLECTIVELY, THE “BUYER
<br />PARTIES”) SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, SELLER, ITS SUCCESSORS, ASSIGNS, PARENTS,
<br />SUBSIDIARIES, VENDORS AND CONTRACTORS (INCLUDING BUT NOT LIMITED TO TRANSPORTATION AND DELIVERY
<br />VENDORS AND CONTRACTORS), AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS,
<br />OFFICERS, VENDORS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED
<br />PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS, EXPENSES, CLAIMS, LIABILITIES, DAMAGES,
<br />PENALTIES, FINES, FORFEITURES, AND SUITS (INCLUDING COSTS OF DEFENSE, SETTLEMENT AND ATTORNEYS’ FEES,
<br />ENVIRONMENTAL CONSULTANTS AND EXPERT WITNESS FEES WHETHER INCURRED IN THE ASSESSMENT OR
<br />MANAGEMENT OF ANY CLAIM OR AT TRIAL AND ON APPEAL) (COLLECTIVELY, “LOSSES”) RELATING TO OR ARISING
<br />OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION : (1) ANY BREACH OR NON-
<br />FULFILLMENT OF ANY COVENANT, AGREEMENT, OR OBLIGATION TO BE PERFORMED BY BUYER UNDER THIS
<br />AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE REPRESENTATIONS OF BUYER SET FORTH IN THIS
<br />AGREEMENT; (2) BUYER’S OWNERSHIP AND UTILIZATION OF THE EQUIPMENT; (3) ANY DEATH OR BODILY INJURY TO
<br />ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY TO WHICH THE ACTS OR OMISSIONS OF A BUYER
<br />PARTY CONTRIBUTED; OR (4) ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF ANY BUYER PARTY OR ANY
<br />ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. If the indemnity and defense obligations in this Paragraph are otherwise
<br />prohibited by law, Buyer agrees to indemnify, defend and hold the Indemnified Parties harmless from Losses to the maximum ext ent
<br />permitted by Law. The indemnity and defense obligations of the Buyer under this Paragraph and those elsewhere in this Agreement
<br />and any other related agreements (i) shall not be limited by any limitation on the amount or type of damages, compensation, or benefits
<br />payable under workers compensation acts, disability acts, or other employee benefit acts, (ii) shall survive any termination or expiration
<br />of this Agreement and shall apply to Losses arising before or after the performance of any obligation under this Agreement, (iii) shall
<br />not be construed to negate, abridge, or reduce any other rights, including rights of indemnity accorded by Law to the persons or
<br />entities indemnified, and (iv) shall not be limited or diminished in any way by insurance coverage.
<br />10.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, SELLER’S LIABILITY, IF ANY, SHALL BE
<br />LIMITED TO THE VALUE OF THE total PRICE, AND SELLER SHALL HAVE NO LIABILITY TO BUYER OR ANY THIRD PARTY
<br />FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT
<br />(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
<br />11.WARRANTIES.
<br />(a) USED EQUIPMENT. Except as specifically stated in Section 6(b) below, all Equipment is previously leased or used and will exhibit
<br />normal wear and tear consistent with other used equipment of similar age or use, including with respect to wall panel surfaces, ceiling
<br />tiles, windows, flooring, general appearance, etc. BUYER ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS SOLD
<br />“AS IS, WHERE IS, AND WITH ALL FAULTS.” SELLER MAKES NO WARRANTY, GUARANTY, OR REPRESENTATION
<br />WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ADEQUACY OF THE SITE OR FITNESS
<br />OF UTILITIES AT THE SITE OR THE DURABILITY, CONDITION, QUALITY, DESIGN, CAPACITY, SUITABILITY, OR
<br />PERFORMANCE OF THE EQUIPMENT; AND SELLER EXPRESSLY DISCLAIMS, WHETHER ARISING BY LAW, COURSE OF
<br />DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ANY (A) WARRANTY OF MERCHANTABILITY,
<br />(B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (C) WARRANTY AGAINST INFRINGEMENT OF ANY
<br />PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF A THIRD P ARTY. BUYER
<br />ACKNOWLEDGES AND AGREES THAT IT HAS SELECTED AND INSPECTED ALL EQUIPMENT PRIOR TO MAKING FULL
<br />PAYMENT OF THE TOTAL PRICE OR BEFORE ACCEPTING DELIVERY AND RISK OF LOSS, AND THAT BUYER IS SATISFIED
<br />AS TO THE EQUIPMENT’S CONDITION.
<br />(b) NEW EQUIPMENT. Notwithstanding any disclaimer of warranties elsewhere in the Agreement, if the Equipment purchased under
<br />this Agreement is sold as new equipment and identified as such in the Agreement, Seller warrants in accordance with this Paragraph
<br />for twelve (12) months from the date of manufacture that the Equipment shall be new upon delivery and free from major defects in
<br />materials and workmanship that prevent its normal use and operation under normal use and regular service and maintenance by
<br />Buyer. New Accessories shall carry the warranty of the manufacturer, which Seller shall assign to Buyer to the extent transferable.
<br />Provided Buyer provides written notice to Seller of any failure or defect in the Equipment within two (2) days after its disc overy and
<br />within the applicable warranty period, Seller shall replace the Equipment or repair the defect. Failure to provide timely not ice shall
<br />result in a limitation or voidance of this warranty. If Buyer does not grant access for repairs during normal working hou rs, which are
<br />8:00 a.m. to 5:00 p.m., Monday through Friday, Buyer shall bear the cost of any overtime labor. This warranty does not extend to any
<br />Equipment that has been subjected to improper use, damaged by accident or abuse, or repaired or altered by Buyer without prior
<br />written authorization from Seller. THIS EXPRESS WARRANTY FOR NEW EQUIPMENT IS SELLER’S SOLE AND EXCLUSIVE
<br />WARRANTY AND RECOURSE UNDER THIS AGREEMENT FOR NEW EQUIPMENT, AND IT IS LIEU OF, AND SELLER
<br />EXCLUDES AND EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, GUARANTEES, AND REPRESENTATIONS OF ANY
<br />KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
<br />PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF
<br />FITNESS FOR A PARTICULAR PURPOSE AND (C) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT,
<br />TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY.
<br />MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
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