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Northern Hills Equipment & Supply Inc.

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Northern Hills Equipment & Supply Inc.

2026 Northern Hills Equipment & Supply Inc.. All right reserved.For good and valuable consideration, you, and Northern Hills Equipment & Supply Inc., a South Dakota limited liability company (also referred to herein as "Lessor," "NHES," "we,""us" and "our'') agree as follows: DEFINITIONS: 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; "Rented ltem(s)" or "ltem(s)" means the item(s) rented to you, as identified on P.1 (including any "Instructions" and/or safety device(s) provided per Section [or"§"] 5 below); "Site" means the address set forth on P.1 where the ltem(s) is/are to be delivered and/or used;and "Customer", "Lessee", "you" and "your'' mean the "Renter," "Customer'', "Lessee" and/or "Guarantor'' (as applicable) identified on P.1. TERMS: You agree to rent from NHES the ltem(s) for the period(s) specified on, P.1 (the "Term"), to pay us our stated rental rate(s) (the "Rent"), together with all other charges accruing hereunder, without proration, reduction or setoff, and to remain liable for all loss, theft, injuries and damages of, to, or associated with such ltem(s), until all Rented ltem(s) is/are returned to and accepted by SE in the return condition required under thisContract (including § 6). Unless otherwise specifically agreed by NHES, all rental rates are for normal use of the Rented ltem(s) on a single-shift basis during the Term, 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, and/or 160 hours per 28-Rental Day period (zero hours are permitted for any and all uncharged-for periods). Additional Rent at our highest incremental rate will be charged for late returns and overuse. You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder to account for time in transit, Act(s) of God, event(s) of force majeure or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the "Estimated Rent"). Unless otherwise agreed by SE in writing, you agree: (a) to pay us: (i) the Rent specified on P.1 together with any deposit specified on P.1 in advance of the Term (together, the "Prepayment");and (ii) all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount(s) you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; and (iv) all Prepayments are NON-REFUNDABLE. You agree to pay all taxes (including sales, use and other taxes), fines, fees, assessments, tolls, and other charges related to each Item and/or the transactions contemplated in this Contract, including, without limitation, all municipal sales tax(es) allowable or required under South Dakota law. All amounts due hereunder but not timely paid will bear interest at the lesser of 18% per annum or the highest rate permitted under applicable law. You authorize us to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide (up to 150%of the new replacement cost of the Rented ltem(s)). You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. DELIVERY/RETRIEVAL: You will ensure the Site is reasonably clean, safe, secure, and fit for delivery, installation, and use of the Rented ltem(s). If we agree to provide any service(s) (including, without limitation, delivery and/or retrieval), you shall:(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 delay(s) caused by you, your agents, employees, or any other parties,including providers of other equipment or services ("OtherParty(ies)")for which you agree to indemnify,defend,and hold harmless NHES.If you are not present upon delivery or retrieval of any ltem(s), you shall accept the statements of our representatives regarding the same (including the status, condition, quality,quantities, and defect(s) of and/or with respect to the ltem(s) and the Site). Anything remaining with, in or on any Rented ltem(s) upon return will, at our option, be deemed abandoned. TITLE/OWNERSHIP: Except with respect to Rented Items NHES rents from one or more third parties (each, a "ThirdParty Owner'' or "TPO") and then re-rents to you ("Re-Rented Items"), NHES owns and retains title to all Rented ltem(s) at all times. You will have exclusive control over the Rented ltem(s) during the Term: subject to your obligation 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 ltem(s);(b) have any title or ownership interest in or with respect to any Rented ltem(s);or (c)loan. share. transfer, sublease. store, surrender or assign any Rented ltem(s) or this Contract, without our prior written consent (in our sole and absolute discretion). NHES may, from time to time, substitute Rented ltem(s) and/or sell or assign all or any part of its interests in one or more Rented ltem(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 NHES. INSTRUCTIONS: Upon the earlier of your receipt,or the delivery to the Site of the Rented ltem(s),unless you there upon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair, fully charged and/or fueled (as applicable); (ii) is appropriate for your purposes without legal process or notice (and without liability to you or any Guarantor), to the maximum extent permitted under applicable law: (i) cancel the Term or the subject Contract(s), and/or your rights to use and possess the Rented ltem(s}; (ii) seek relief from stay; (iii) recover, empty, lock, restrict and/or disable any ltem(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage, including without limitation damage to crops, flora and/or fauna (for which you will indemnify, defend and hold harmless each lndemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement ltem(s); (vi) recover from you and/or any Guarantor our associated damages, losses, costs and expenses FOR WHICH YOU WILL BE PERSONALLY LIABLE (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, repossession, and collection costs, and if civil fraud has occurred distinct from breaching this Contract, punitive damages for civil fraud); and/or (vii) pursue all rights and/or remedies available in connection (t)herewith, all of which shall be cumulative. You acknowledge that in the event of default, the damages provided in this Contract are reasonable in light of the anticipated harm that would result from your breach. You waive all statutes of limitations regarding our rights and remedies. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies. LAW: This Contract shall be governed by and enforced under the laws of South Dakota. Disputes arising in connection with this Contract and/or its subject matter shall, at our option, be submitted to binding ARBITRATION in accordance with the Rules of the American Arbitration Association before a single arbitrator. Judgment on the arbitrator's award shall be final and binding on the parties and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and exclusively in the federal, state, and local courts located in or nearest to Lawrence County, SD. You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. The terms of this Contract are severable. If any provision (or part thereon is deemed invalid or unenforceable by any court or arbitrator of competent jurisdiction, such provision (or part thereon will be deleted, and the remainder of this Contract will remain valid and enforceable. If legal action is commenced in connection herewith, the prevailing party shall be entitled to recover its costs and expenses (including reasonable attorneys' fees) from the non-prevailing party. YOU HEREBY WAIVE: (A) YOUR RIGHT(S), IF ANY, TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER JOINT ACTION AGAINST SE; AND (8) YOUR RIGHT TO TRIAL BY JURY. MISCELLANEOUS: There are no third-party beneficiaries hereto other than the applicable lndemnitees. Digital, electronic, photocopied, and facsimiled signatures on this Contract will be deemed originals. This Contract and any addenda we provide, each of which is incorporated herein, represent(s} the entire agreement between you and NHES, superseding all other agreements and representations (including our website and advertising} and cannot be further amended or extended except in a writing signed by NHES. These Terms and Conditions apply to all ltem(s) identified on P.1, and to all other Items you obtain from us at any time (except only as otherwise agreed by us). Time is of the essence. You acknowledge that this Contract: (A) is a true operating lease, and not a capital lease or financing; (B) is fair and reasonable; and (C) shall bind and be enforceable by you, the lndemnitees, and all such parties' respective insurers, subrogees, successors and permitted assigns. THEFT WARNING: Obtaining or exercising control over the property of another with the intent to deprive the other person of the property, and/or obtaining services by deception, threat, force, or any other means designed to avoid the due payment for services that a person knows are available only for compensation, may be deemed THEFT, resulting in CRIMINAL PROSECUTION AND/OR CIVIL PENALTY{IES). See S.D. Codified Laws§ 22-30A-8 et seq. and its/their successor(s), if any, for details. | Powered by Booqable