Renter
agrees to indemnify and hold Supplier harmless from any and
all claims, actions, suits, proceedings, costs, expenses,
damages and liabilities, including any attorney fees or punitive
awards arising out of, connected with, or resulting from the
rental/lease of any equipment, including motor vehicle, or
the employment of any personnel provided by Supplier hereunder
provided; however, that Renter shall have no obligation to
indemnity and hold harmless Supplier for his sole negligence
or for the intention or wanton misconduct of any personnel
by Supplier hereunder.
Renter
shall secure and maintain (a) All Risk Physical Damage
insurance including coverage for collision and upset and comprehensive
losses to the equipment rented from Supplier hereunder, and (b) Comprehensive
General Liability and Business Automobile Liability insurance
both in an amount of not less than $1,000,000 Combined Single
limit for personal injury, bodily injury and property damage.
The Comprehensive General Liability form shall include the
coverage parts for broad form contractual liability. The Business
Automobile Liability policy shall include coverage for Hired
and Non-Owned Automobile Liability and Physical Damage. Renter
shall provide Certificate of Insurance, signed by an authorized
representative of the Renter's insurance company, evidencing
that Renter is in compliance with the insurance provisions
of this Agreement. Renter shall have the insurance company
providing coverage required hereunder add the interest of
Supplier as Additional Insured and Loss Payee as Supplier's
interest may appear in reference to any and all equipment
provided by Supplier under the terms and conditions of this
Agreement. Any insurance certificate provided in accordance
with this Agreement shall stipulate that Supplier shall receive
30 days written notice of cancellation from the insurance
company providing the required coverage prior to any cancellation
or reduction in the limits of liability; each such certificate
issued to Supplier shall stipulate that the coverages indicated
on the insurance certificate shall be primary coverage and
not contributing with any other insurance maintained by Supplier.
It is agreed that Renter's insurance coverage shall commence
at the time any of the Supplier's equipment leaves Supplier's
premises and shall remain in full force and effect until the
equipment is returned to the premises of Supplier unless Supplier
shall stipulate that such equipment is to be returned to a
specific location other than Supplier's premises.
Supplier
agrees to provide adequate evidence that Lesser has met the
insurance requirements as indicated herein by filing with
Supplier a fully executed Certificate of Insurance at or prior
to the delivery of any equipment or vehicles rented or leased
by Renter hereunder.
Supplier
agrees to indemnify, defend and hold harmless from and against
any and all claims, actions, suits, proceedings, costs, expenses,
damages and liability including reasonable attorney fees arising
out of or resulting from the manufacture, alteration or modification
by Supplier, his employees or agents, of any equipment or
vehicle supplied to Renter pursuant to this Agreement.
Equipment
coverage shall be provided on replacement cost basis. If provided
on actual cash value basis, and in the event of loss and/or
damage, Renter shall pay the difference between actual cash
value and replacement cost.
It
is further understood and agreed that Renter shall be obligated
for loss of rental income until such time as equipment is
fully repaired and returned to Supplier or full payment in
settlement of loss is received by Supplier.
Agreed
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