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 RENTAL AGREEMENT

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file time: 2008-02-22

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> RENTAL AGREEMENT Lease Terms   

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Date of Production:       

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These terms and conditions form part of the rental contract between you the Lessee/Renter and Laszlo Rain, the Lessor/Rental Company, and apply to all the equipment and/or vehicles rented by you and/or your agents.    

LIABILITY:

Laszlo Rain is in no way responsible for any liabilities, claims, costs, or expenses arising out of the use or possession of its equipment/vehicle. Our equipment/vehicle is offered for inspection and test at the time of rental, and is rented AS IS.  The Lessee/Renter always has the opportunity to examine the equipment prior to production, to determine that the equipment is good and in good working order.  

LESSEE00 / RENTAL COMPANY00 RESPONSIBILITY WITH REGARD TO THE EQUIPMENT:

  Test the Equipment/Vehicle   

The Lessee/Renter will always have an opportunity to test and examine the Equipment to determine the Equipment package is complete in good working order. 

You are considered to have taken delivery of the equipment and therefore assume all risk of loss from the time that the Equipment is set aside from the Rental Company00 general inventory for your use.  You are responsible for any damages you cause to any equipment, property or persons during testing. After completing your tests you must notify the Rental Company of any defective or inoperable equipment immediately upon discovering the defect.  Unless you notify the Rental Company of a defected problem with the equipment supplied, you agree that the equipment is in good working order and that the equipment is acceptable to you. 

Your responsibility ends when the equipment is returned and the following conditions have been met:  

1) Property has been brought back to the premises during normal business hours,  

2) An inventory has been completed and a missing and damaged list has been compiled, if needed. 

3) The term of the Rental Contract has expired.

In Regards To Equipment/Vehicle - Lost, Damaged, or Destroyed While in the Field

All equipment is to be returned in the same condition as when checked out by the Rental Company.  Lessee/Renter shall pay any repair work necessary. If the equipment is damaged beyond repair, Lessee/Renter shall pay full replacement price. 

DEFECTIVE EQUIPMENT As soon as you discover that equipment in the field is defective, you should notify the Rental Company of the problem and, if necessary, return the Equipment to the Rental Company, freight pre-paid for evaluation.  The Rental Company will make a reasonable effort to repair or replace the Equipment in the shortest amount of time. 

LOSSES AND DAMAGES Upon the return of any damaged equipment, the Rental Company will determine the extent of the damage and the required repairs.  In determining whether equipment shall be replaced or repaired, the Rental Company00 judgment shall be conclusive upon you.  Should the Rental Company determine that the equipment must be replaced due to extensive damages, you will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail, without deduction for depreciation. 

STOLEN ITEMS In all instances immediately report any missing, lost, or stolen equipment to the Rental Company, and file a report with local authorities. 

Restrictions of Use of Equipment/Vehicle

LOCAL SAN ANTONIO, TX USE ONLY, UNLESS OTHERWISE AGREED.  In each contract there is a condition which states geographic territory you may use the equipment.  Geographic restrictions can be removed from the Rental Contract by mutual agreement between you and Rental Company. 

INSURANCE REQUIREMENTS

You must insure all equipment specified in the rental agreement.  You shall, at your expense, and at all times during the rental, maintain full force and effect insurance covering all equipment rented, from all sources, for full replacement cost, except vehicles which are at actual cash value, and for loss of use (rents) of the equipment.  Coverage must begin from the time you or your agent accept delivery of the equipment and requests evidence of insurance coverage, typically a Certificate of Insurance satisfactory to the Rental Company, showing Liability Coverage, Property Insurance, and Worker00 Compensation Insurance prior to taking possession of the equipment/vehicle.  Such insurance shall be written by reputable insurers that are acceptable to the Rental Company; your insurers shall agree to be the primary insurers of such Equipment/Vehicle during rental period.  Notwithstanding this paragraph, you shall remain primarily liable to the Rental Company for full performance under the terms and conditions of Rental Contract.  The Rental Company may enforce its remedies directly against you without resort to your insurance. 

LIABILITY INSURANCE   The Lessee/Renter shall name the Rental Company as an additional insured on your liability insurance and your liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit.

PROPERTY INSURANCE

RELATIVE TO EQUIPMENT

(a) Misc. Equipment Coverage: Minimums shall vary according to the value of the total equipment rented and you shall not be less than the full replacement value of all equipment rented. Coverage to include all listed equipment for "ALL RISK" perils and contain a LOSS PAYABLE clause endorsement stated as follows: Effective (Date), it is understood and agreed that the certificate holder is recognized as LOSS PAYEE as respects (Value Amount) misc. rented equipment and that said policy is primary and not in excess of, or contributory to, any other insurance provided for the benefit of, or by, the certificate holder. 

(b) General Liability Coverage: Minimum of $1,000,000 combined single limits, bodily injury and property damage, is to be maintained for the term of the rental. Rental Company Inc. is to be named as ADDITIONAL INSURED, as respects the rental of this equipment during the term of this rental agreement.   

RELATIVE TO VEHICLES

(a) Lessee/Renter agrees to provide AUTO, BODILY INJURY, AND PROPERTY DAMAGE with no less than $ 1,000,000.00 combined single limits. 

(b) Rental Company will be named as additional insured and loss payee. Rental Company should be afforded primary liability coverage and this liability coverage should not contribute with any other insurance carrier by Rental Company.  Premiums for this liability insurance should be paid by the Lessee/Renter.

(c) Lessee/Renter agrees to provide PHYSICAL DAMAGE (COMPREHENSIVE AND COLLISION) coverage on a blanket basis to any vehicles that Rental Company may provide to Lessee/Renter, with a limit of not less than $50,000 per vehicle. 

(d) This insurance shall remain in full force and effect until this lease has expired and said equipment has been returned to Rental Company. 

(e) The interests of the Rental Company as parties insured by such insurance policy shall not be invalidated or otherwise adversely affected by any act or omission, negligent or otherwise of Lessee/Renter or Lessee/Renter's agents, employees, successors or assigns. 

(f) No material change reducing the coverage afforded or cancellation of this policy shall be effective as to Rental Company without (30) days prior written notice to Rental Company. 

(g) Lessee/Renter is responsible for payment of the deductible. 

WE DO NOT ACCEPT RESPONSIBILITY FOR UNSAFE OR UNQUALIFIED DRIVERS HIRED BY LESSEE/RENTER. THE LESSEE/RENTER ACCEPTS COMPLETE RESPONSIBILITY FOR VERIFICATION OF THE GOOD DRIVING RECORDS OF THE DRIVERS THEY HIRE AND THEIR QUALIFICATIONS TO OPERATE THE VEHICLE BEING RENTED. 

Lessee/Renter agrees to and does hereby identify Rental Company, its agents and employees harmless of and from any and all losses, damages, claims, demands of liability of any kind or nature whatsoever, including legal expenses, arising from the use, condition, (including without limitation talent and other defects) or operation of the equipment rented, and by whosoever used or operated during the term hereof. This identification shall continue in full force and effect during and after term of this rental for causes arising during the term of this rental.

MILEAGE & EXPENDABLES: Mileage (portal-to-portal) will be charged at .50/mile and all expendables will be charged AS USED.  

GRIP PACKAGE W/TUNGSTEN LIGHTING WILL BE CHARGED AT 400.00/DAY AND WILL BE BILLED AT 3 DAYS CHARGE FOR EVERY 5 CONSECUTIVE DAYS OF WORK.   

LASZLO RAIN HAS AGREED TO BILL 200.00/12-HOUR DAY FOR EACH DAY DRIVER/GRIP SWING WORKS 00 ANYTHING OVER 12 HOURS WILL BE CHARGED AT TIME AND A HALF & WORK DONE OVER 14 HOURS WILL BE CHARGED AT DOUBLE TIME. DRIVE/GRIP SWING DAY IS CONSIDERED PORTAL-TO-PORTAL FROM LASZLO RAIN, 16705 JONES MALTSBERGER, SAN ANTONIO, TX 78247. 

I, the Lessee/Renter, on the _____ day of ______________, 2006 have read and agreed to all terms and conditions contained herein. 

_________________________________                     

(Lessee/Renter00 Signature)  

__________________________________

          (Lessee/Renter00 Printed Name)  

_________________________________

        (Company Name)

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