Rental Protection Plan

RENTAL PROTECTION PLAN ("RPP"). Customer’s repair or replacement responsibility in Sections 5 and 6 of this Contract is modified by the RPP, if offered on the Equipment, and NorthPoint Equipment Rentals, LLC shall limit the amount NorthPoint Equipment Rentals, LLC collects from Customer for the Equipment loss, damage or destruction to the following amounts for each piece of Equipment, per each occurrence: (a) 15% of the FMV for Lost Equipment, up to a maximum of $3500 per piece of Equipment; (b) 15% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $2500 per piece of Equipment; (c) charges in excess of $100 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by NorthPoint Equipment Rentals, LLC or Lost Equipment is being replaced; provided however, the foregoing RPP liability reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. The RPP is NOT INSURANCE and does NOT protect Customer from liability to NorthPoint Equipment Rentals, LLC or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the RPP and the corresponding liability reduction to apply: (i) Customer accepts the RPP in advance of the rental; (ii) Customer pays 15% of the gross rental charges as the fee for the RPP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP does NOT reduce the liability of Customer to NorthPoint Equipment Rentals, LLC for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to NorthPoint Equipment Rentals, LLC); (C) due to floods, water level changes, wind, storms, earthquakes or Acts of God; and (D) accessories or Equipment for which Customer is not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RPP. RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER’S ESTIMATED CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING, FAILS TO PAY THE RPP FEE OR MADE OTHER CONTRACTUAL ARRANGEMENTS WITH NorthPoint Equipment Rentals, LLC. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, NorthPoint Equipment Rentals, LLC retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. NorthPoint Equipment Rentals, LLC shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign NorthPoint Equipment Rentals, LLC all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to NorthPoint Equipment Rentals, LLC whatever documents are required and take all other necessary steps to secure in NorthPoint Equipment Rentals, LLC such rights, at Customer’s expense.