Rental Contract

For good and valuable consideration, you and T K J, Inc., d/b/a “Lone Star Rental,” (also referred to herein as, “LSR,” “Lessor,” “we,” “us” and “our”) agree as follows:

1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per the terms of Section [or “§”] 6 below); “Site” means the delivery or use address set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer,” “Renter” or “Lessee” identified on P.1.

2. You agree to: (a) rent from LSR the Rented Item(s) for the period(s) specified on P.1 (the “Term”); (b) fully and timely pay us as and when due the rental rate(s) set forth on P.1 therefor (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff; and (c) remain liable for all loss of and/or damage to the Rented Item(s) for the entire Term and until all such Rented Item(s) is/are returned to and accepted by LSR in the proper return condition per § 11. Unless otherwise agreed in writing by LSR, all Rental rates are charged for normal use of the Rented Item(s), not exceeding 8 hours per 24-hour period for which Rent is charged hereunder [each, a “Rental Day”], 40 hours per 7-Rental Day period, 160 hours per 28-Rental Day period (zero hours for all uncharged-for periods) in accordance with the terms of this Contract. Additional Rent will be charged as provided in § 11 for late returns and overuse. You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder in order to account for time in transit, Act(s) of God, event(s) of force majeure or any other period(s) of unavailability or nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed by LSR in writing, you: (i) will pay us: (A) any deposit and the Estimated Rent specified on P.1 in advance (the “Prepayment”); and (B) all other amounts coming due hereunder upon demand; and (ii) agree that: (A) we may deduct any amount you owe us from any Prepayment; (B) no interest will accrue on any Prepayment; (C) no Prepayment will be deemed a limit of your liability under or in connection with this Contract; and (D) all Prepayments are NON-REFUNDABLE except as provided in § 5. Anything remaining with, in or on any Item(s) upon return will be deemed surrendered and abandoned.

3. Except with respect to Rented Items which we rent from one or more third parties (each, a “Third Party Owner” or “TPO”) and then re-rent to you (“re-rented items”), LSR owns and will retain title to all Rented Items at all times. You will have exclusive control over the use of the Rented Item(s) during the Term, subject however, to your duty to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, transfer, sublease, re-rent, surrender, store, sell, encumber, assign or dispose of any Item(s) or this Contract, without our prior written consent (in our sole discretion). We may sell and/or assign all or any part of our interests in such Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of LSR or any TPO.

4. You shall ensure the Site is reasonably clean, safe, secure and otherwise fit for delivery and use of the Rented Item(s) at all times without modification by LSR. If we agree to provide any service(s) (including delivery and/or retrieval), you agree to: (a) pay our regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for any delay(s) caused by other parties, including you, your agents or employees or providers of other equipment or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless LSR. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, condition, and quantities of the Item(s) and the Site).

5. In the event of a Malfunction as defined in § 6, you will immediately notify, and return the Malfunctioning Item to, LSR, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of any provision of this Contract by, you or anyone you permit to use or deal with such Item(s), we may, at our option: (a) repair such Item; (b) provide you with a comparable Item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) with respect to Malfunctions, all of which you waive, together with all associated direct and indirect liabilities, losses, claims and damages.

6. Upon the earlier of your receipt, or our delivery to the Site, of the Rented Item(s) unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by LSR), carefully examined and tested by you or your agent(s); and (b) you: (i) have carefully reviewed and understand all training, instructions, manuals, requirements, and other information, if any, including all applicable EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, ASSE, DOT, TxDOT, Texas DMV, FMCSA, ANSI and other standards (collectively, “Instructions”); (ii) will fully and timely comply therewith (including Tier 4, Silica Dust, Cleaning and Disinfection requirements); (iii) have been made aware of the need to use all applicable personal protective equipment (including as applicable, helmets, goggles, gloves, boots, arm, leg and torso protection, fire extinguishers, lights, ventilation, and RESPIRATORY PROTECTION devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 and go to www.Texas811.org at least 3, but not more than 14, full business days in advance); (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract at all times. You agree to immediately notify: (A) the local police and LSR in the event of any theft or accident involving any Rented Item(s); and (B) LSR if any of the other requirements of this Section shall prove incorrect.

7. WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND SHOULD BE TRANSPORTED, SERVICED, MAINTAINED, REPAIRED AND USED WITH EXTREME CARE, ONLY FOR ITS/THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED, INSTRUCTED, AND IF APPLICABLE, LICENSED, ADULTS. YOU AGREE TO PROVIDE ALL APPLICABLE TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S), and ensure that each Item is used reasonably, safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by LSR on a case-by-case basis, at the Site; (d) by adults who satisfy the above requirements; and (e) otherwise in full compliance with this Contract, at all times.

8. NO WARRANTIES: LSR IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEMS, all of which are provided “AS-IS”. LSR MAKES NO WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, CONTAMINATION, OR GOOD AND WORKMANLIKE PERFORMANCE, AND ANY WARRANTY(IES) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) regarding any Item(s) or Service(s) referenced in this Contract, nor does LSR make any warranty(ies) against INTERFERENCE OR INFRINGEMENT, all of which you waive. No depictions, models, descriptions, specifications, recommendations or advertisements constitute representations or warranties by LSR or any TPO.

9. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) workers’ compensation and employer’s liability insurance; (c) property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof; and (d) hired auto liability and physical damage insurance, whenever possible: (i) naming LSR as an additional insured and loss payee; (ii) waiving subrogation against LSR; (iii) being primary and non-contributory; and (iv) including such other provisions (including deductibles) as LSR may require. You irrevocably appoint LSR as your agent and attorney-in-fact for purposes of submitting, negotiating and settling claims on all such policies.

10. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ILLNESS, PRODUCTS LIABILITY, LOSS, THEFT, DAMAGE AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, CLEANING, CONTAMINATION, DISINFECTION, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, T K J, INC., D/B/A “LONE STAR RENTAL,” each TPO, their respective parents, partners, suppliers, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, agents, employees, insurers, representatives, subrogees, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS (including without limitation, attorneys’ fees) as well as any breach of this Contract by you, your agents, employees, contractors and/or invitees; and except only as provided in § 5, (C) WAIVE all rights, remedies, claims, damages and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee.

11. You agree to protect, properly service, maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to LSR on time at the end of the Term, complete (including all attachments), clean, free of contamination (including without limitation, silica, beryllium, asbestos and pathogens), in good order, condition and repair, properly serviced and maintained, and if applicable, full of the proper fuel, fluids and lubricants.

12. This Contract shall be governed by and enforceable under the laws of Texas. Disputes arising under and/or in connection with this Contract shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

13. This Contract, and any addendum we provide, represent the entire agreement between you and LSR and supersede all other agreements and representations.

14. All amounts due to Lone Star Rental hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid.

15. Your Rental shall be deemed a “net” rental. Accordingly, your obligations hereunder are unconditional and are not subject to reduction, setoff, abatement or counterclaim for any reason.

16. WARNING: Wrongfully obtaining or withholding property and/or services of another which are available only for compensation may be deemed THEFT, resulting in CIVIL LIABILITY and/or CRIMINAL PROSECUTION. See Texas Penal Code § 31.04, et seq. and its/their successor(s) for details.