Onpoint Equipment Solutions and its subsidiaries (hereinafter “Company”), agrees to arrange for the provision and delivery of certain services, including the provision of required roll off dumpster and other related equipment ("Equipment") to customer ("Customer") on the basis of the terms and conditions set forth in the Onpoint Equipment Solutions Rental Agreement and Dumpster Rental Agreement.

1. Renter agrees to pay the specified rental charges in advance during the terms thereof as agreed to in advance by the parties hereof (the “Rental Term”). The rental fee payable to the Owner hereunder does not include any excise, sales, use, property, ad valorem, occupational or like taxes now in force or enacted in the future; and, therefore, the prices payable to the Owner hereunder are subject to an increase equal to any such taxes that the Owner may be required to collect or pay. All such taxes and fees shall be the sole responsibility of the Renter.

2. The “Equipment” shall mean any item of machinery and attendant items to the machinery rented to Renter by Owner for a specified duration at a specified price.

3. Renter shall not assign, pledge or encumber this contract or the Equipment, nor permit the Equipment to be removed to a location other than the address shown herein, nor permit any others to use the Equipment without Owner’s written consent.

4. Renter agrees to care for the Equipment properly, to use it within its rated capacity as defined by industry standards, and to be sure that the Equipment is operated with a driver’s overhead guard installed. The Equipment and any related equipment shall not be used in any manner that is inconsistent with its intended purpose or in any way that would violate any applicable federal, state or local law, regulation or ordinance. The load backrest must be installed except when operating conditions prevent their use. Renter will restrict its use to Renters qualified personnel who have been previously instructed in proper Equipment operation per OSHA 29CFR1910.178 (“Qualified Employees”) and to prohibit anyone other than Owner’s authorized personnel to repair or adjust the Equipment and to notify Owner immediately of accidents, disabilities, failures or like information concerning the Equipment. Renter will ensure that daily operator checklists will be utilized and any equipment found to be in need of repair will be locked out of service until repair is completed. Renter further agrees to pay for all damage to the Equipment resulting from improper use or abuse upon receipt of invoices therefore from Owner for Owner’s costs and expense of repair. Renter will be responsible to care for the normal needs of the Equipment including, but not limited to, supplying fuel, oil, and coolant, daily checking of general condition, including oil level, coolant level, batteries, charging of batteries, furnishing LP gas, fuel and cylinders.

5. Renter shall allow Owner to enter Renter’s premises whereupon or wherein the Equipment is stored or used at all reasonable times to locate and inspect the state and condition of the Equipment. If Renter is in default of any of the terms and conditions of this agreement, Owner, and his agents, representatives, successors and assigns, at Renter’s risk, cost and expense may at any time enter Renter’s premises where the Equipment is stored or used at all time and recover the Equipment.

6. The Renter is responsible for any and all damage to, loss or theft of the Equipment including, without limitation, damage caused by weather or other acts of nature, whether or not the Renter is at fault. This includes, without limitation, costs of repair or the actual retail cash value of the Equipment if it is not repairable or if we elect not to repair it, loss of use, diminished value of the Equipment caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover our administrative and labor expenses connected with or arising from any damage claim. Renter shall report all accidents, theft or vandalism involving the Equipment to the Owner and the police as promptly as possible and, in no event, longer than twenty-four (24) hours from the Renter’s notice of such occurrence. The Renter shall provide the Owner with any related police report and/or incident number(s). In the event that the Equipment is abandoned or used in violation of law or this Agreement, the Owner may repossess the Equipment at Renter’s expense without notice to Renter. Renter shall pay Owner full compensation for replacement and or repair of any of the Equipment which is not returned because it is lost or stolen or any of the Equipment which is damaged and in need of repair to put it into the same condition it was in at the beginning of the Rental Term, normal wear and tear excepted. The Owner’s invoice is conclusive as to the amount Renter shall pay under this paragraph for repair or replacement of the Equipment.

7. Owner shall deliver the Equipment to Renter. A periodic rental rate is charged by Owner. Rental charges are billed to the Renter in advance for each Rental Term or portions of the Rental Term from the time the Equipment is delivered to Renter for the full Rental Term even if the Equipment is returned before the end of the Rental Term. If the Equipment is not returned during or at the end of the Rental Term, then the rental charges shall continue on a full Rental Term basis for any additional Rental Term or portion thereof until the Equipment is returned.

8. HOLD HARMLESS/INDEMNITY: Renter assumes all risks associated with the possession, use, transportation and storage of the equipment. Accordingly, Renter hereby waives any/and all liens and claims arising from, or associated with Equipment and agree to indemnify, defend, save and hold Owner harmless from and against any and all liabilities, claims, losses, damages, penalties, costs and expenses, regardless of the cause, including without limitation, attorney’s fees in connection with possession of the Equipment or storage, use, or operation thereof. Renter, at his or its own expense assumes responsibility to maintain commercially appropriate casualty insurance and general/public liability insurance with minimum limits of 1,000,000. per occurrence regardless of the cause against any and all bodily injuries, including death, losses, property damages, loss of time and/or inconvenience, costs and expenses including deductibles suffered by the Renter, Renter’s employees and /or any third parties, resulting from or arising in connection with such possession, use, transportation and/or storage. Any insurance that the owner carries will be deemed to be in excess of Renter’s insurance. Renter shall furnish Owner with current certificates of insurance designating Owner and its assigns as additional insured and loss payee retention, and shall waive subrogation against Owner. Renter agrees to provide the above coverages, agreeing that they will not be cancelled during the term and providing for (10) days’ prior written notice of cancellation to the Owner. The insurance so provided shall be effective during the period from the moment of delivery of each unit under the Rental Term to Renter until the moment of return or surrender of Equipment to Owner or his authorized representatives.

9. Renter agrees to pay the Owner on demand for all charges due us under this Agreement. Charges not covered in full at the time of delivery of the Equipment may be charged to the Renter’s credit card on file, plus 10% processing fee. Charges include, but are not limited to:

a. Time for the period during which Renter reserves the Equipment (due at time of Equipment delivery);

b. Charges for delivery, optional services and Equipment accessories (due at time of Equipment delivery);

c. Applicable taxes (due at time of Equipment delivery);

d. Charges for additional rental days, if the rental period is extended after the original contract is signed (due at time of Equipment pick up);

e. Two Hundred Dollars ($200), plus One Dollar ($1) per mile for every mile between the renting location and the place where the Equipment is moved, repossessed or abandoned, plus any additional reasonably recovery expenses we incur (including attorney’s fees);

f. All costs, including pre-and post-judgment attorney fees, we incur collecting payment from Renter or otherwise enforcing our rights under this Agreement;

g. An interest rate of five percent (5%) or the maximum amount allowed by law (if lower than five percent (5%)) on all amounts due and owing to the Owner by the Renter after the term of the Agreement and the Equipment is returned

h. Fifty Dollars ($50) or the maximum amount permitted by law, whichever is greater, if Renter pays the Owner with a check that is returned unpaid for any reason;

i. A reasonable fee not to exceed One Hundred Dollars ($100) to clean the Equipment, if returned substantially less clean than as rented;

j. The cost to replace or repair any unreturned Owner rental items;

Any charges incurred by the Renter shall be in addition to, and not in lieu of, any other right or remedy the Owner may have and is in addition to any reasonable fees and charges of any agents or attorneys to which the Owner is entitled pursuant to the terms hereof or by law. No refund of rental fees if Equipment is returned earlier than date or time due in.

10. If Renter fails to pay any rental or other sum payable hereunder when due, or if Renter becomes subject to any state or federal insolvency, bankruptcy, receivership, trusteeship or similar proceeding, or if Renter shall default in any other term of this agreement Owner may immediately terminate this agreement by notice in writing to Renter and repossess all items of rented Equipment wherever they may be found, but Renter shall nevertheless remain liable for all sums then due and unpaid, plus a reasonable amount for attorney’s fees and such expenses as may be expended in the repossession of the Equipment. The remedies provided herein in favor of Owner shall not be deemed to be exclusive, but shall be cumulative and shall be in addition to all other remedies in Owner’s favor, existing at law or in equity. Any notice hereunder shall be deemed sufficiently given if in writing it is delivered to Renter personally, or sent by mail addressed to Renter at the address set forth upon the reverse side hereof.

11. NOTWITHSTANDING ANYTHIN HEREIN TO THE CONTRARY, THE OWNER’S ENTIRE LIABILITY AND THE RENTER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY PRODUCT OR SERVICES PROVIDED TO THE RENTER OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE AS FOLLOWS: (I) FOR TANGIBLE PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY THE OWNER’S GROSSLY NEGLIGENT ACTS OR OMISSIONS, OR FOR ANY DAMAGES ARISING FROM THE WILLFUL AND INTENTIONAL MISCONDUCT OF THE OWNER, THE AMOUNT OF PROVEN DIRECT DAMAGES; AND (II) FOR ALL OTHER CLAIMS NOT COVERED BY THE FOREGOING SUBSECTION, THE AMOUNT OF PROVEN DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE CHARGE APPLICABLE UNDER THE AGREEMENT FOR THE PERIOD DURING WHICH SERVICES WERE PROVIDED. IN NO EVENT SHALL THE OWNER’S AND ITS AFFILIATES’ CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY THE RENTER TO THE OWNER HEREUNDER. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.

12. This Agreement and any services and contracts performed hereunder shall be governed by the laws of the State of New Hampshire, without regard to conflicts of laws rules or rulings and regardless of location of the Renter. Any and all disputes, actions or litigation must be brought exclusively in New Hampshire federal or state and the Renter consents to the exclusive jurisdiction of the federal and state courts located in New Hampshire, submits to jurisdiction there, and waives the right to request a change of venue. The RENTER agrees that such venue is appropriate AND REASONABLE. Notwithstanding the foregoing, the OWNER may seek equitable relief or legal damages in any jurisdiction and venue of its choice.

13. The rental of the Equipment and this Agreement is personal to the Renter and Renter shall not assign or subcontract this Agreement, the use of the Equipment or any of his, her or its rights or obligations hereunder, in whole or in part, without the prior written consent of the Owner, which consent may be withheld in the Owner’s sole and absolute discretion.

14. These terms are accepted by the Renter upon delivery of the terms to the Renter, Renter’s agent or another representative of the Renter.