Terms of Use EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)

1 GENERAL.

This Agreement is between NorthPoint Equipment Rentals, LLC and the customer identified on the front page of this Agreement (“Renter”). NorthPoint Equipment Rentals, LLC will provide Renter the tools, large equipment (collectively, “Equipment”) described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. NorthPoint Equipment Rentals, LLC will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the front page of this Agreement (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 10. To the extent Renter has entered into a Master Rental Agreement (“MRA”) with NorthPoint Equipment Rentals, LLC and the terms of the MRA and this Agreement conflict, then the terms of the MRA will govern.

2 PAYMENT.

Renter is responsible for all charges due in full at the commencement of the Rental Period or upon NorthPoint Equipment Rentals, LLC’s request, using a payment card approved by NorthPoint Equipment Rentals, LLC (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes NorthPoint Equipment Rentals, LLC to process all amounts due, on Renter Card (including Trailer rental, traffic law violations and parking citations, and any applicable administrative charge). In the event Renter cancels delivery of large equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Renter must notify NorthPoint Equipment Rentals, LLC in writing of any disputed amounts, including credit card charges, within one (1) day after the receipt of NorthPoint Equipment Rentals, LLC rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.

3 PERMITTED USE/RESTRICTIONS/MAINTENANCE.

Renter agrees that NorthPoint Equipment Rentals, LLC has no control over the way the Equipment is operated during the Rental Period. Renter warrants that: (a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use; (b) Renter has received all information requested regarding the operation of the Equipment; (c) NorthPoint Equipment Rentals, LLC is not responsible for providing operator or other training unless requested by Renter; (d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner; (e) The Equipment will be kept in a secure location; (f) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement; (g) Renter will keep the Equipment free and clear of all liens, charges and encumbrances; (h) Renter will use the Equipment in compliance with all applicable laws and regulations; (i) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions; (j) Renter will not aid in the vandalism or theft of the Equipment; (k) Renter will not rent the Equipment upon the basis of false or misleading information; (l) Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; and (m) Renter will not remove, operate, or utilize the Equipment outside of the United States.

1. For Tool and Large Equipment Rentals Only. Renter is required to do the following:

Renter will maintain proper fuel, oil or lubrication levels in the tool and large equipment; and Renter further agrees to perform routine inspections on the Equipment, including inspections on leaks, cooling systems, water batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. II. For Vehicle Rentals Only. The rented vehicle includes tires, loading ramps, if applicable, a trailer, customary vehicle accessories, and documents (“Vehicle”). For the purposes of this Agreement, “Authorized Driver” means, the following people to the extent they are at least 21 years old, have a valid driver’s license for the class of Vehicle being rented, and have Renter’s express permission to operate the Vehicle: (i) Renter, (ii) Renter’s spouse; and (iii) additional drivers named on the front page of this Agreement. (a) Use Restrictions. The following restrictions apply to the use of the Vehicle:

The Vehicle will not be operated by anyone who is not an Authorized Driver; All occupants in the Vehicle must comply with seat-belt and child-restraint laws; The number of passengers in the Vehicle will not exceed the number of seat-belts and child-restraints; Renter will only operate the Vehicle on regularly maintained roadways; Renter will ensure that keys are not left in the Vehicle and will close and lock all doors and windows upon exiting the Vehicle; Renter will not (i) transport people or property for hire; (ii) tow anything (with the exception of an attached trailer if rented pursuant to this Agreement); (iii) carry or transport hazardous or explosive substances; (iv) engage in a speed contest; or (v) load the Vehicle or transport weight exceeding the Vehicle’s maximum capacity; Renter will not engage in reckless misconduct which causes the Vehicle damages or causes personal injury or property damage; and Renter will not use the Vehicle for the commission of a felony or for the transportation of illegal drugs or contraband. (b) Fuel. Renter will return the Vehicle with the same level of fuel that the Vehicle contained when rented (“Original Fuel Level”). Vehicles returned with less than the Original Fuel Level are subject to a fuel replacement charge. (c) Repossession of Vehicle. The Vehicle may be repossessed, without notice and at Renter’s expense, if the Vehicle (i) is not returned to NorthPoint Equipment Rentals, LLC at the expiration of the Rental Period; (ii) is illegally parked; (iii) is used in violation of law or this Agreement; (iv) is sold or transferred in violation of this Agreement; or (v) appears to be abandoned. (d) Property Placed, Transported or Left in Vehicle or at NorthPoint Equipment Rentals, LLC. Renter is solely responsible for all loss of and damage to any property placed, transported or left in the Vehicle, or at a NorthPoint Equipment Rentals, LLC facility. Renter will pay all costs associated with the disposal of any such property. (e) Parking Citations. Renter will pay all fines for parking citations issued during the Rental Period. In the event NorthPoint Equipment Rentals, LLC is required to respond to authorities concerning any citations, then Renter will be charged an administrative fee of $20. NorthPoint Equipment Rentals, LLC may provide information about this Agreement to those authorities. (f) Toll Fees. Unless Renter has accepted the flat rate, (i) Renter will pay all toll fees accrued during the Rental Period; and (ii) in the event NorthPoint Equipment Rentals, LLC is required to pay toll charges, then Renter will be charged an administrative fee of $20 plus the cost of the toll fee(s) after the Rental Period has concluded. Renter agrees that additional charges may occur up to 12 months after the rental period has concluded. Flat rates may not be offered in all areas, states, or stores.

III. Equipment Return. (a) On or before on the date and at the time specified in the Agreement, Renter will return the Equipment to NorthPoint Equipment Rentals, LLC location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 3, a cleaning charge, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if NorthPoint Equipment Rentals, LLC determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and NorthPoint Equipment Rentals, LLC may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment. (b) Additional Failure to Return Provisions:

1. Telematics. The Equipment may be equipped with a telematics device that enables NorthPoint Equipment Rentals, LLC or its fleet management provider to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems), fuel consumption, mileage, and systems status information. NorthPoint Equipment Rentals, LLC may use the information for various purposes, including, but not limited to: (i) locating lost or stolen Equipment; (ii) analyzing and improving NorthPoint Equipment Rentals, LLC’s rental program; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. NorthPoint Equipment Rentals, LLC may share information collected with companies performing services for NorthPoint Equipment Rentals, LLC, and as deemed necessary by NorthPoint Equipment Rentals, LLC, (A) to comply with legal process or a request from a governmental entity, and (B) to protect NorthPoint Equipment Rentals, LLC's rights and property.
2. Investigations. All Renters will promptly complete incident reports, deliver to NorthPoint Equipment Rentals, LLC a copy of all related documents, and fully cooperate with NorthPoint Equipment Rentals, LLC’s investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by NorthPoint Equipment Rentals, LLC.

4 EQUIPMENT DAMAGE / REPAIRS / PROTECTION.

4. For Tool and Large Equipment Rentals Only; Excluding Dump Trucks. (a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and large equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for NorthPoint Equipment Rentals, LLC’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”). (b) Tool Damage Protection. Tool damage protection is an optional service offered by NorthPoint Equipment Rentals, LLC that, if selected, modifies this Agreement to relieve Renter of repair charges, replacement charges or Administrative Charges if the Equipment is damaged during normal use during the Rental Period (“Tool Damage Protection”). Renter must accept the Tool Damage Protection. Tool Damage Protection services: (i) the charge for Tool Damage Protection is 15% of the Rental Price and will appear as a separate line-item on the Agreement and on the invoice; and (ii) Tool Damage Protection does not cover loss of or damage to tools and large equipment caused by anything other than normal use, including damage caused by theft, abuse, misuse, neglect, or intentional acts. Renter expressly acknowledges and agrees that Renter will be responsible for all loss or damage caused by anything other than normal use of tools and large equipment. Tool Damage Protection is not insurance and NorthPoint Equipment Rentals, LLC may make a profit on its Tool Damage Protection. (c) Repairs. In the event Renter does not elect to purchase Tool Damage Protection, Renter agrees that an estimated “Repair Cost” will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes NorthPoint Equipment Rentals, LLC to charge the Repair Cost to the Renter Card. All maintenance or repairs must be performed by NorthPoint Equipment Rentals, LLC. II. For Vehicle Rentals Only. (a) Vehicle Damage. Regardless of fault, Renter is responsible for all loss of and damage to the Vehicle (including loss or damage to the spare tire, jack, trailer (when applicable), and loading ramps), plus actual towing, storage, impound and other related expenses. Renter is responsible for NorthPoint Equipment Rentals, LLC’s loss of use and Administrative Charges. (b) Repairs. Renter will not repair or replace any part of the Vehicle or otherwise alter the Vehicle without the prior written consent of NorthPoint Equipment Rentals, LLC. In the event consent is not obtained, Renter will pay for all unauthorized repairs, replacement parts, and the cost of restoring any unauthorized alterations. (c) Vehicle Damage Protection. Vehicle damage protection is an optional service offered by NorthPoint Equipment Rentals, LLC during the Rental Period for an additional charge (“Vehicle Damage Protection”). Renter must accept or decline Vehicle Damage Protection. In the event Renter elects Vehicle Damage Protection services: (i) the charge for Vehicle Damage Protection is 15% of the Rental Price and will appear as a separate line-item on the Agreement and on the invoice; and (ii) this optional service modifies this Agreement to relieve Renter of liability for Covered Damages. Vehicle Damage Protection is not insurance and NorthPoint Equipment Rentals, LLC may make a profit on its Vehicle Damage Protection program. (d) For purposes of this Agreement, the term “Covered Damages” will mean any non-collision related physical damage to a Vehicle up to the first $500 per incident. The Covered Damages will be subject to the exclusions set forth in Section 4(II)(d). Renter will remain responsible for all costs and fees after the first $500 per incident, regardless of whether caused by Renter, another Authorized Driver, a third party, an act of God, or any other cause. Notwithstanding anything to the contrary herein, Renter will be fully responsible for the actual cash value of a Vehicle due to a theft of the Vehicle, unless: (i) Renter or Authorized Driver has possession of the ignition keys, (ii) an Authorized Driver files an official report of the theft with the applicable law enforcement agency within twenty-four (24) hours of learning of the theft, and (iii) Renter and any Authorized Drivers cooperate with NorthPoint Equipment Rentals, LLC and law enforcement in providing all relevant information concerning the theft. (e) Exclusions. Vehicle Damage Protection will not cover: (i) loss arising out of an accident which involving the Vehicle that occurs while Renter or Authorized Driver is under the influence of alcohol or drugs; (ii) loss arising out of the operation of Vehicle by any driver other than an Authorized Driver; (iii) property damage to property transported or in the care, custody, or control of Renter or Authorized Driver; (iv) liability arising out of the use of Vehicle, which was obtained based on false, misleading, or fraudulent information; (v) loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of this Agreement (including the terms and conditions of any MRA); and (vi) loss or damage caused by abuse, misuse, or intentional acts. (f) Additional Notices. In addition to the requirements stated in this Section 4.II, the following provisions are applicable within the noted State or Territory:

5 LIMITATIONS OF LIABILITY.

4. For Tool and Large Equipment Rentals Only. DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS AND LARGE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS AND LARGE EQUIPMENT UNLESS RENTER PURCHASED TOOL DAMAGE PROTECTION, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES, AS PROVIDED IN SECTION 4. FAILURE TO RETURN THE TOOLS AND LARGE EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME. II. For Vehicle Rentals Only. (a) EXCEPT AS EXPRESSLY STATED IN SECTION 4(II)(c) AND TO THE EXTENT RENTER PURCHASED VEHICLE DAMAGE PROTECTION, RENTER IS RESPONSIBLE FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE TO OTHERS RESULTING FROM USE OR OPERATION OF THE VEHICLE. (b) Except for California, NorthPoint Equipment Rentals, LLC may provide Renter with liability insurance, as set forth in the table below:

If there is no violation of a Use Restriction (as defined in Section 3) and to the extent required or permitted by applicable law, NorthPoint Equipment Rentals, LLC provides primary liability protection that will not exceed the Minimum Financial Responsibility Limits (defined below) or minimum no-fault benefits. For purposes of the Agreement, the term “Minimum Financial Responsibility Limits” refers to the minimum amount of protection that is required to establish financial responsibility under applicable law.

If there is no violation of a Use Restriction (as defined in Section 3) and to the extent required or permitted by applicable law, NorthPoint Equipment Rentals, LLC provides secondary liability protection that will not exceed the Minimum Financial Responsibility Limits or minimum no-fault benefits.

NorthPoint Equipment Rentals, LLC’s secondary liability protection DOES NOT APPLY until after exhaustion of all insurance or other protection available to the driver of the Vehicle or any injured passenger in the Vehicle (automobile liability insurance, no-fault insurance, personal injury protection, employer’s insurance, or any other protection or indemnification, whether primary, excess or contingent), and then such protection applies only to the extent it is needed to meet, on a cumulative basis with all such protection available to the driver or injured passengers, the minimum financial insurance or other responsibility limits or minimum no-fault benefits required by applicable law.

NorthPoint Equipment Rentals, LLC does not extend any of its motor vehicle financial responsibility or provide public liability insurance coverage to Renter, Authorized Drivers or any other driver.

(c) Subject to applicable law, drivers are excluded from any insurance policy that may be available to NorthPoint Equipment Rentals, LLC, and NorthPoint Equipment Rentals, LLC’s liability protection does not apply to:

bodily injury (including death) or property damage to the Vehicle driver or the driver's family members related by blood, marriage, adoption who resides with the driver. SPECIFIC REJECTION OF PERSONAL INJURY PROTECTION FOR VEHICLES RENTED IN MARYLAND: RENTER SPECIFICALLY AGREES TO WAIVE ANY PERSONAL INJURY PROTECTION COVERAGE WHICH WOULD PROVIDE CERTAIN MEDICAL AND DISABILITY BENEFITS TO AUTHORIZED DRIVERS AND ANY INJURED PASSENGER IN THE VEHICLE; or uninsured or underinsured motorist or motor vehicle insurance, supplemental or can be waived or rejected. SPECIFIC REJECTION OF UNINSURED AND UNDERINSURED MOTORIST PROTECTION FOR VEHICLES RENTED IN no-fault insurance, or any other insurance that is optional PENNSYLVANIA: RENTER IS REJECTING UNINSURED AND UNDERINSURED MOTORIST COVERAGE UNDER THIS RENTAL OR LEASE AGREEMENT, AND ANY POLICY OF INSURANCE OR SELF- INSURANCE ISSUED UNDER THIS AGREEMENT, FOR RENTER AND ALL OTHER PASSENGERS OF THE VEHICLE. UNINSURED COVERAGE PROTECTS RENTER AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND DAMAGES. UNDERINSURED COVERAGE PROTECTS RENTER AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ENOUGH INSURANCE TO PAY FOR ALL LOSSES AND DAMAGES.

If there is a violation of a Use Restriction but applicable law requires that NorthPoint Equipment Rentals, LLC provide all or part of the liability protection described above, the same limitations apply.

6 NO WARRANTIES.

NorthPoint Equipment Rentals, LLC does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. NORTHPOINT EQUIPMENT RENTALS, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against NorthPoint Equipment Rentals, LLC.

7 INDEMNIFICATION.

(a) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS NORTHPOINT EQUIPMENT RENTALS, LLC HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY NORTHPOINT EQUIPMENT RENTALS, LLC; (II) ALL CLAIMS BY OR AGAINST NORTHPOINT EQUIPMENT RENTALS, LLC ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST NORTHPOINT EQUIPMENT RENTALS, LLC ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY. (b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, NORTHPOINT EQUIPMENT RENTALS, LLC WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST NORTHPOINT EQUIPMENT RENTALS, LLC FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.

8 DEFAULT AND REMEDIES.

(a) Failure to Extend Rental Period: To extend the Rental Period, Renter must obtain NorthPoint Equipment Rentals, LLC’s written approval prior to the expiration of such Rental Period. Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; (ii) NorthPoint Equipment Rentals, LLC has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires. (b) Breach of Terms and Conditions. In the event that NorthPoint Equipment Rentals, LLC determines Renter has violated any term or condition of this Agreement, NorthPoint Equipment Rentals, LLC may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event NorthPoint Equipment Rentals, LLC must take actions pursuant to this Section 8(b) or Section 3(III), Renter will reimburse NorthPoint Equipment Rentals, LLC for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes NorthPoint Equipment Rentals, LLC to charge to the Renter Card, all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, NorthPoint Equipment Rentals, LLC will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period. (c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time and make alternative arrangements to pay the Additional Rental Fees. NorthPoint Equipment Rentals, LLC is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to NorthPoint Equipment Rentals, LLC are paid in full. Renter is prohibited to use any NorthPoint Equipment Rentals, LLC credit line to pay for delinquent or past due accounts and any future rentals will be postponed until Renter’s account is paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3'd party collection agency on the 31st day after the expiration of the Rental Period. (d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY NORTHPOINT EQUIPMENT RENTALS, LLC OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should NorthPoint Equipment Rentals, LLC fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at NorthPoint Equipment Rentals, LLC’s sole discretion.

9 CONSENT TO COMMUNICATION VIA TEXTING

If Renter has consented to receive updates about Equipment via text message, Renter understands and agrees that by providing this consent, Renter may receive up to 5 autodialed informational messages at the mobile phone number Renter provided between the hours of 9am and 6pm. Renter understands and agrees that this consent is not required or a condition of purchasing any products and services and that Renter can opt out at any time by texting text STOP Standard message and data rates apply. Not all carriers are covered. For questions, contact us at www.northpointrentals.com .

10 NOTICES.

NorthPoint Equipment Rentals, LLC may elect to send any notices to Renter by any means determined by NorthPoint Equipment Rentals, LLC. If Renter has provided NorthPoint Equipment Rentals, LLC with an email address, NorthPoint Equipment Rentals, LLC may send notices to Renter by email and such email notice by NorthPoint Equipment Rentals, LLC will be valid notices for purposes of this Agreement.

11 RENTER’S INDEPENDENT STATUS.

 The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of NorthPoint Equipment Rentals, LLC for any purpose.

12 GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of New Hampshire. Any disputes arising from this Agreement shall be resolved in the jurisdiction of New Hampshire.

13 SEVERABILITY.

If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited.

14 ENTIRE AGREEMENT.

This Agreement represents the entire agreement between NorthPoint Equipment Rentals, LLC and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.