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HomeMy WebLinkAbout04-65016 - ON SITE ENERGY COMPANY OF CENTRAL PENNSYLVANIA, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004-? GARY L. MORTON, individually and CIVIL ACTION -LAW doing business as ASAP RESTORATION SERVICES, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER BRENNEMAN SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Plaintiff ON SITE ENERGY COMPANY OF IN THE COURT OF COMMON PLEAS OF CENTRAL PENNSYLVANIA, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004- GARY L. MORTON, individually and CIVIL ACTION -LAW doing business as ASAP RESTORATION SERVICES, Defendant COMPLAINT Plaintiff On Site Energy Company of Central Pennsylvania, LLC by its attorneys, Snelbaker & Brenneman, P. C., submits this Complaint and in support thereof states the following: 1. Plaintiff On Site Energy Company of Central Pennsylvania, LLC is a Pennsylvania limited liability company with a place of business located at 238 North Locust Point Road, Mechanicsburg, Pennsylvania, 17050. 2. Defendant Gary L. Morton is an adult individual that does business under the fictitious or assumed name of ASAP Restoration Services, with an address of 234 Pine View Drive, Palmyra, Pennsylvania, 17078. 3. Plaintiff is in the business of renting and leasing various power equipment and related accessories and parts therefor. COUNTI 4. The averments of Paragraphs 1 through 3, inclusive, of this Complaint are incorporated by reference in this Paragraph. 5. Beginning September 20, 2004 and continuing thereafter, Plaintiff, at the specific LAW OFFICES SNELBAKER request of Defendant and/or Defendant's authorized agents, representatives and/or employees, a BRENNEMAN r - did lease to Defendant and Defendant did lease from Plaintiff various items of power equipment at Plaintiffs then customary rental or lease charges, which charges Defendant agreed to pay. 6. Beginning September 20, 2004 and continuing thereafter, Defendant agreed to lease and did lease from Plaintiff those items of equipment for the rental charges noted on and pursuant to the terms of rental contacts, which rental contracts are attached hereto and incorporated by reference herein as "Exhibit A" through "Exhibit G". 7. At Defendant's request and agreement, Plaintiff permitted Defendant to have immediate delivery, possession and use of the various items of equipment rented pursuant to the rental contracts and maintain an account with Plaintiff. 8. The total principal account balance due Plaintiff by Defendant for Defendant's rental of the various equipment identified in the rental contracts is $10,742.75. 9. The prices charges by Plaintiff for rental of the various equipment to Defendant were fair and reasonable and not objected to by Defendant. 10. Defendant has failed and refused to pay the rental charges invoiced to him and the account balance due on same in spite of repeated requests and demand by Plaintiff to do so. 11. Defendant's failure and refusal to pay the rental charges and account balance constitutes material breaches of the parties' rental contracts. 12. Pursuant to the terms of the parties' rental contracts, all overdue payments of rent shall bear interest at the rate of 18%. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $10,742.75, together with interest at a rate of 18% per annum and costs of this action. LAW OFFICES -2 SNELBAKER a BRENNEMAN COUNT II (In the alternative to Count I) 13. The averments of Paragraphs 1 through 12, inclusive, of this Complaint are incorporated by reference in this Paragraph. 14. Defendant received benefit from the use of the various equipment he obtained from Plaintiff. 15. The charges made to Defendant for the equipment were fair, customary and reasonable and never objected to by Defendant. 16. Defendant has received the use of Plaintiffs equipment and benefit from such use without paying Plaintiff for same. 17. It is unjust and unconscionable for Defendant to receive the use and benefit from Plaintiffs equipment without having to pay Plaintiff for same. 18. For the reasons set forth herein, Defendant has been unjustly enriched in the amount of $10,742.75. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $10,742.75 together with interest and costs of this action. SNELBAKER & BRENNEMAN, P. C. BY. ? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 LAW OFFICES (717) 697-8528 SNELBAKER Attorneys for Plaintiff BRENNEMAN Date: December 28, 2004 -3- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I .znderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. I hereby certify that I am authorized on Behalf of the Plaintiff to execute this Verification. '7 Patric French, Manager Date: December 28, 2004 LAW OFFICES SNELBAKER BRENNEMAN ON SITE ENER COMPANY OF CENTRAL PENN (VANIA, LLC 238 N. Locust Point Road Building 1-C Mechanicsburg, PA 17050 PO #: .. Phone: (516) 937-1500 Fax: (516) 9374516 ....... DELIVERED: 9/18/2004 ASAP Restorations 116 4th Street ORDERED BY: Don - ---°-- ---......-. DATE OF CONTRACT: 90/2004 MATERIAL AND EQUIPMENT RENTED: Rental of two 1.0 hp electric submersible pumps Pumps picked up from our shop on 9/18/04 Rental of one Titan 8,000 watt portable generator Generator delivered on 9/20/04 Week = 7 days Jobsite Address: Reference Quote # 125054 RETURNED: RENTAL CONTRACT New Cumberland PA17070 ......................... ...._........... ----------...........................-----...----............ Phone: 717-774-6400 Fax: LESSEE Weekly $250.00 Weekly $395.00 : Delivery Sales Tax: Total 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment") described in the schedule ('Schedule") upon the terms and conditions set forth herein ("Lease"). 2. Term. The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee will be charged a cancellation charge. 3. Inspection of Equipment Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same in such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Failure to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. Risk of Loss. Any loss, damage, theft or destruction of any item of Equipment shall be borne by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impair the obligations of Lessee under this Lease, all of which shall continue in force and effect Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or component parts hereof at replacement cost. 5. Recovery of Equipment If at any time, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has failed or refused to take proper care of the Equipment or if Lessee shag have failed to make any payment provided for herein when due, Lessor shall have right without notice to Lessee to forthwith remove the Equipment and Lessee agrees to indemnify Lessor for any expense incurred by Lessor in the connection with such removal, including without limitation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT A Page Two d Rental Contract 6. Indemnification. Lessee assumes liability for, ano hereby agrees to indemnify, protect and keep harmless Lessor from and against any and all liabilities, obligation, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorneys fees, of whatsoever kind and nature, arising out d the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by whom operated, or any failure on the part of Lessee to perform or comply with arty conditions of this Lease. The provisions of this paragraph (6) shall continue in full force and effect notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shag authorize Lessee or arty other person to use or operate any item of Equipment so as to impose any liabifty or obligation on Lessor. 7. insurance. Lessee shall obtain and provide Lessor with a certificate of insurance naming Lessor as additional insured in the amount of $1,000,000.00 for combined single limit bodily imp Wp operly damage coverage and all risk equipment property damage coverage in the amount o (the full replacement value of the equipment described in the schedule. S. Defects and Repairs. Lessor shall in no event be subject to liability to Lessee for any claim for delay or arising out of toss of use of the Equipment by reason of defect therein, breakdown or maladjustment. On receipt of notice thereof in writing Lessor within a reasonable time will repair or replace any item of Equipment requiring same. All repairs and adjustments are to be performed by Lessor except when written permission is given by it to the servicing, repair or adjustment of the Equipment by others. Such repair and adjustment will be performed by Lessor tree of charge in all instances where required due to ordinary wear and tear. When in Lessors judgment said defect, breakdown or maladjustment is due to neglect or misuse of the Equipment by Lessee. such service wit be billed to Lessee at prevailing rates. 9. Rental Payments. The rend for the Equipment shall be the amount stated and shag be due and payable without any discourd, abatement or reduction within ten (10) days. Payment for repairs or service performed by Lessor pursuard to paragraph (7) above shalt be due and payable within ten (10) days after bilfing by Lessor. The receipt of any check or other item on account of any rental payrnent will not be considered as payment thereof nadit such check or other item is honored when presented for payment. ALL TRANSPORTATION CHARGES FOR SHIPMENT OF THE EQUIPMENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE EQUIPMENT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. AN such amounts shall be payable at the office of Lessor or its assigns (or at such other place as Lessor may from time to time designate in writing). Overdue payment for the rent and other charges, including Lessee liability for damages and losses as described in this Rental Contract, shall bear interest at the lessor of 18% or the highest rate allowed by apptieaWe law, and Lessee make payment of such interest to Lessor. 10. No Offset AN rectal and other payments due hereunder shall be paid by Lessee irrespective of any so-off, counter-claim, recoupment, defense or of er right which Lessee may have against the suppler or the Equipment or any other party. 11. WarrarAks. LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MANS NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT. INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REWIREUENTS OF ANY LAW. RULE. SPECIFICATION OR CONTRACT PERTAINING THERETO, THE QUALITY OR CAPACITY OF THE EQUIPMENT: THE WORIWMH IP IN THE EQUIPMENT: PATENT WFRINGE ENT; OR LATENT DEFECTS. Lessee will be subragated to Lasso's claims, if any, against the manufadurar or supplier of the Equipment for breach of any wananty with respect to the Equipment and, upon wmilen request from Lessee. Lessor shall take all reasonable action requested by Lessee to enforce ary such warranty which is enforceable by Lessor in its own name, provided that (a) Lessee is not in default under this Lease and (b) Lessor strap not be obligated to resort to litigation 10 enforce any such warranty unless Lessee Om6 pay a0 expenses in mwwcfion therewith. Notwitlstainduhg the foregoing, Lessee's obligatons to make the payments due under this Lease shag be and we absolute and unconditional. AN proceeds of any such warranty recovery from the manufacturer or supplier of the Equipment shell fast be used to repair ft affected EW0n@nL 12. Title to Equipment. Titre to each item of Equipment shelf remain with Lessor at all tines and Lessee shall have no right, in this Lease. Lessee, at its expense will protect and defend Lease's title to the and will the title flee and dinterestear therein from eta any and all claims, claim set forth Equipment keep Equipment fleaims, lens, encumbrances and legal processes of Lessees credtons and other persons. Lessor assumes no liability and makes no representation as to the treatment by Lessee of this Lease or the rental or other payments for financial statement or twupurposes. 13. Assignment by Lessee. Without Lessors prior written consent, Lessee may rat (a) assign, transfer. pledge. hypothecate or otherwise dispose of this lease or any Interest therein or (b) sublet or lend the Equipment or permit some to be used or operated by anyone o0w than Lessee or Lessee's employees. 14. Taxes and Fequir...rc.As of Law. Lessee will keep the Equipment free and dear of all levies, gone and encumbrances and, as additional rent during fie term of this I ease, shall pay all assessments, license fees, twos (andudng sales, use, excise, personal property, ad valorem, stamp, documentary and other taxes) said all other governmental changes, fees. Naas or penalties whatsoever, whether payable by Lessor or Lessee, on or relating to the Equipment or the use, registration, rental, shipmerd, banbp dAon, delivery. ownership or operation thereof, and on or relating to this Lease and any Schedules executed in connection herewith, and Lessee shag file all returns required therefor and furnish copies therefor to Lessor at its request, prodded, however, that the foregoing shall not include any federal, slate or city income or franhchise taxes of Lessor. Lessee shag comply with and conform to any municipal. data and federal laws and regulations relating to the use and operation of said Equipment. 16. Remedies of Lessor. Upon the ooaurenhce of any default and at any time thereafter (subject to any, applicable grace provisions) Lessor may V40W any further notice exercise one or more of to following remedies, as Lessor in its sole dscxetion may elect: (a) declare all unpaid rentals under this Lease to be immediately due and pay"Xb) terminates this i ease as to any or all items Of Equipment;(c) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and remove the Equipment. without any tiabitity for sal, action or other procee ft by the Lessee;(d) cause Lessee at its expense to promptly return the Equipment to Lessor.(e) use, hold. set, lease or otherwise dispose of the Equipment or any item thereof on the premises of Lessee or any otter location without affecting the obligations of Lessee as provided in line LeeseA proceed by appropriate action ether In low or equity, or submit such claim to erbitrafiona in New York City (pursuand to the Rules and Regunianons of the Americann Arbitration Association) to enforce perlommncce by Lesse of the appChp6le covenants d this Lease or to recover damages for the breach thereof. LESSEE WAIVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR IN THE EVENT OF A DEFAULT THEREUNDER BY LESSEE. 16. SeverabMty. Any provision of this Lease which is prohibited or unardorceable in any ju"ction shall, as to such Lessee hereby wwbe iaives arty p my pe to therovision or extent law which such prohibition and unenforceable without ervalidating the remaining provisions hereof. To the extent permitted by applicable laver, jurisdiction, readers unenforceable any provisions hereof in any respect. prohibits or 17. Mlodiflcation. No modification of this Lease shell be valid or effective for any purpose unless in writfg and signed by Lessor and Lessee. 1$. Consbuctlon. This Lease shall In all respects be governed by and construed in accordance with the laws of the State of New York. 19. Parties. The provisio s of this lease shall be binding upon, and inure to the benefit of, the assigns, representatives and successors d the Lessor and Lessee. If there is rare than one Lessee named in this [ease. the dabirty of each shalt he joint and several. 20. The undersigned hereby warrants that he is acting and entering Into this contract with the authority of said Lessee. (NOTE) - Copy of Lessees Insurance Certificate must be on record with Lessor noting ON SITE ENERGY as Additional Insured' with Minimum LaibcTsty, d $1,000.000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR THEREOF. THIS RENT T ALL OF THE CONDITIONS PRINTED ON PAGES 1 AND 2 OF THIS DOCENT. THE RECEIPT OF THIS EQUI S TITUTE E THE TERMS AND CONDITION THEREIN CONTAINED ABOVE, OR ON PAGES 1. Reference fi: 125054 Contract Date 9120/2004 X. .... ............ ................................................ GUARANTY LE SSE The undersigned Guarantor guarantees to Lessor, Lessors successors and assigns, the full perfornarnce and observance of all the agreements to be performed and observed by Lessee in the attached Rental Contract, wittaud requiring any notice to Guarantor of norhpaymerd or. ranpeAormance, or proof, or rrofice of demand, to hold the undersigned resporssbte under this guaranty, all of which the undersigned hereby expressly waives and expressly agrees that the legardy of this agreement and the agreements of tie Guarantor under this agreement shall not be ended, or changed by reason of the claims to Lessor against Lessee of arty of the rights or remedies given to Lessor as agreed in the attached Rental Contract. The Guarantor further agrees thhal this guaranty shall remain and continue in kill force and effect as to any renewal, change or extension of the Rental Contract. Guarantor hereby waives to right to a trial by jury in the evert any anion or proceeding is commenced by or against the Guarantor concerning this guaranty. This is an absolute and continuing guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor PF ON SITE EVER DELIVERED: 9/lj/2004 ASAP Restorations 116 4th Street ORDERED BY: Don ._........ _..,............. DATE OF CONTRACT: 9/20/2004 MATERIAL AND EQUIPMENT RENTED: COMPANY OF CENTRAL PENN, MANIA, LLC 238 N. Locust Point Road Building 1-C Mechanicsburg, PA 17050 PO #: Phone: (516) 937-1500 Fax: (516) 937-1516 Rental of 10 dehumidifiers Rate for second week(s) = $ 440.00 each unit Replacment value = $ 3,500.00 per unit Week = 7 days RETURNED: RENTAL CONTRACT New Cumberland PA17070 ----....... ................ _......... .......... -----.................................................... - Phone: 717-774-6400 Fax: Weekly LESSEE $4,800.00 Customer Pickup : Delivery Jobsite Address: Reference Quote # 125053 6.00% Sales Tax: $288.00 Total $5,088.00 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment') described in the schedule ("Schedule") upon the terms and conditions set forth herein ("Lease"). 2. Terre. The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee will be charged a cancellation charge. 3. Inspection of Equipment. Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same in such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Failure to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. Risk of Loss. Any loss, damage, theft or destruction of any Rem of Equipment shall be bome by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impair the obligations of Lessee under this Lease, all of which shah continue in force and effect. Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or component parts hereof at replacement cost. 5. Recovery of Equipment. If at any time, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has tailed or refused 10 take proper care of the Equipment or if Lessee shalt have failed to make any payment provided for herein when due, Lessor shall have right without notice to Lessee to forthwith remove the Equipment and Lessee agrees to indemnify Lessor for any expense incurred by Lessor in the connection with such removal, including without limitation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT B Page Two Rf Rental Contract 6. Indemnification. Lessee assumes liability for. and hereby agrees to indemnify, protect and keep harmless Lessor from and against any and all liabilities, obligation, kisses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorneys fees, of whatsoever kind and nature, arising out d the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by whom operated, or any failure on the part of Lessee to perform or comply with any conditions of this Lease. The provisions of this paragraph (6) shall continue in full force and eRed notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shall authorize Lessee or any other person to use or operate any item of Equipment so as to impose any liability or obligation on Lessor. 7. Insurance. Lessee shall obtain and provide Lessor with a certificate of insurance naming Lessor as additional insured in the amount of $1,000,000.00 for combined single fimit bodily Injuryfproperty damage coverage and all risk equipment properly damage coverage in the amount of the full replacement value of the equipment described in the schedule. 8. Defects and Repairs. Lessor shall in no event be subjed to liability to Lessee for any claim for delay or arising out of loss of use of the Equipment by reason of defect therein, breakdown or maladjustment. On receipt of notice thereof in writing Lessor within a reasonable time will repair or replace airy item of Equipment requiring same. All repairs and adjustments are to be performed by Lessor except when written permission is given by it to the servicing, repair or adjustment of the Equipment by others. Such repair and adjustment will be performed by Lessor tree of charge in all instances where required due to ordinary wear and tear. When In Lessor's judgment said defect, breakdown or maladjustment is due to negled or misuse of the Equipment by Lessee, such service will be billed to Lessee at prevailing rates. 9. Rental Payments. The rent for the Equipment shall be the amount stated and shall be due and payable without any discount, abatement or reduction Within ten (10) days. Payment for repairs or service perfomred by Lessor pursuant to paragraph (7) above shall be due and payable within ten (10) days after billing by Lessor. The receipt d arty check or other Item on account of any rental payment will not be considered as payment thereof until such check or other item is honored when presented for payment. ALL TRANSPORTATION CHARGES FOR SHIPMENT OF THE EOLAP64ENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE EQUIPMENT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. AN such amounts shall be Payable at the office of Lessor or its assigns (or at such other place as Lessor may from time to time designate In writing). Overdue payment for the rent and other charges, including Lessee liability for damages and losses as described in this Rental Contract, shag bear interest at the lessor of 18% or the highest rate allowed by applicable law, and Lessee make payment of such interest to Lessor. 10. No Offset AN rental and other payments okra hereunder shall be paid by Lessee irrespective of any set-off. counter-olaim, recoupment, defense or other right which Lessee may have against the supplier of the Equipment or any other party. 11. Warranties. LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT. LOM NO EXPRESS OR MPL IED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT. INCLUDING BUT NOT LMITED TO: THE MERCHANTABILITY OF THE EQUPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE: THE DESIGN OR CONDITION! OF THE EQUIPMENT: COMPL ANCE OF THE EQUIPMENT WITH THE REQUIREIdIENTS OF ANY LAW, RULE, SPECFICRTION OR CONTRACT PERTA94M THERETO; THE QUALITY OR CAPACITY OF THE EQUIPMENT: THE WORKMANSHIP IN THE EQUIPMENT: PATENT INFRINGENENT, OR LATENT DEFECTS. Lessee will be submgated to Lessors claims, d any, against the manufacturer or supplier of fire Equipment for breach of any watnhnly, with rasped to the Equipment and, upon written request from Lasses, Lessor shall take all reasonable action requested by Lessee to atoree any such warranty which Is ent xceabte by Lessor in its own name. Provided that (a) Lessee is not in default under this Lease and (b) Lessor shall not be obligated to resod to Ifigalion to enforce any such waranty unless Lessee shall pay all expenses in connection therewith. Notwithstanding the foregoing, Lessee's obligations to matte the payrnerds due under Uhler Lease shad be and are absokAe and unconditional. AN proceeds of any such warranty recovery from the manufacturer or supplier of the Equipment shall first be used to repair the affected EquhprtnenL 12. Title to Equipment. TNe to each item of Equipment stall remain with Lessor at all times and Lessee shag have no right, title or interest therein except as expressly set bM in tlhis Lease. Lessee, at its expense will protect and defend Lessors title to the Equipment and will keep the Equipment free and clear from any and all clams, fiens, encumbrances and legal processes of Lessee s creditors and oerer persons. Lessor assumes no liability and makes no representation as to the treatment by Lessee of this Lease or the rental or otter paymerds for financial statement or to purposes. 13. Asslip nnent by Lessee. Without Lessors prior written consent. Lessee may not (a) assign. transfer. pledge, hypothecate or otherwise dispose d this Lease or any Interest therein or (b) sublet or lend the Equipment or permit same to be used or operated by anyone other than Lessee or Lessee's employees. 14. Taxes and Requirements of Law. Lessee will keep the Equipment free and dear of all levies, liens and encumbrances and, as additional rent during the term of this Lease, shag pay all assessments, license fees, twos (including sales. use, excise, personal property. ad valorem, stamp, documentary and other taxes) and all other governmental charges. fees, fines or penalties vvfafsoever. whether payable by Lessor or Lessee, on or relating to the Equipment or the use, registration, rental, shipment, frarrsportalim. delivery. over iership or operation thereof, and on or relating to this Lease and any Schedules executed in connection herewith, and Lessee shall file of returns required therefor and tumfsh copies UmereW to Lessor at its request, provided, however, that the foregoing shag not include arty federal, state or city income or franchise taxes of Lessor. Lessee shall comply with and conform to any m mictpei, state and federal laws and regulations relating b the use and operation of said Equipment. 15. Remedies of Lessor. Upon the occurrence of any default and at any time thereafter (subject to any applicable grace provisions) Lessor may without any further notice exercise one or more or the following remedies, as Lessor in its sole dise nrlion may eled: (a) declare all unpaid rentals under this Lease to be immediately due and payabtexb) terminates this Lease as to any or all gems of Equipment:(c) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and remove the Equipment, vrlhout any liability for suit, action or other proceeding by the Lessee;(d) cause Lessee at Its exgxense to promptly return the Equipment to L essorXe) use, hold, sell, lease or otherwise dispose dthe Equipment or any item thereof on the premises of Lessee or any other location without affecting the obligations of Lessee as provided In this Lease;(t) proceed by appropriate action either in law or equity, or submit such claim to arbitration in New Yak City (pursuant to the Rules and Regulations of the American Arbltrotion Association) to enforce perfauance by L.esse of the applicable covenants of this Lease or to recover damages for the breach Uhered. LESSEE WAIVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR IN THE EVENT OF A DEFAULT THEREUNDER BY LESSEE. 16. Severabli ft. Any provision of this Lease which is prohibited or uneakwceable in any jurisdiction shag, as to such jurisdiction, be ineffective to the extent of such prohbiticn and w,enfaoeaWe wglrohR inagdaling the rerrafning provisions hereof, To The relent permitted by applicable taw. Lessee hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect 17. Modification. No modification of this Lease scrag be valid or effective for any purpose unless in wilting and signed by Lessor and Lessee. 18. Conshuuction. This tease shag in all respects be governed by and construed in accordance with the laws of the State of New York 19. Parties. The provisions of this tease slag be binding upon, and inure to the benefit of, the assigns, representatives and successors of the Lessor and Lessee. T there is more than one Lessee named in this Lease, the gabiiilyd each shag be join(and several. 20. The undersigned hereby warrants tat he is acting and entering into this contract with the authority of said Lessee. (NOTE) - Copy of Lessee's Insurance Certificate must be on record with Lessor noting ON SITE ENERGY as 'Additional Insured' with Mtinimum Lability of $1,000,000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR RENTAL THEREOF. THIS RENTAL is SUBJECT TO, OF THE CONDITIONS PRINTED ON PAGES 1 AND 2 OF THIS DOCUMENT. THE RECEIPT OF THIS EQUIPMENT SHALL CONSTITUTE NJACCFPT drA'HE LRMS AND CONDITION THEREIN CONTAINED ABOVE, OR ON PAGES 1. Reference M 125053 X .;.. E ......... ............. ..... ... Contract Date 9/20/2004 s LESSEE GUARANTY The undersigned Guarantor guarantees to Lessor. Lessors successors and assigns. the full perfomance and observance of all the agreements to be performed and observed by Lessee in the aTadned Rental Contract, wid"A requiring any notice to Guarantor Of nonpayment or, nonperformance, or proof, or notice of demand. to hold the undersigned responsible under this guaranty. all of which the undersigned hereby expressly waives; and expressly agrees that the legality of this agreement and the agreements of the Guarantor under this agreement shall not be ended, or changed by reason of the claims to Lessor against Lessee of any or ft rights or remedies given to Lessor as agreed in the attached Rental Contract. The Guarantor further agrees that this guaranty shall remain and continue in fug force and effect as to any renewal, change or extension of the Rental Contract. Guarantor hereby waives the right to a brief by jury in the event any action or proceeding is commenced by or against the Guarantor concerning this guaranty. This is an absolute and continuing guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor PF ON SITE ENEF 'COMPANY OF CENTRAL PENN YVANIA, LLC 238 N. Locust Point Road Building 1-C Mechanicsburg, PA 17050 PO #: Phone: (516) 937-1500 Fax: (516) 937-1516 DELIVERED: 9/19/2004 ASAP Restoration 116 4th Street ORDERED BY. Gary Morton DATE OF CONTRACT: 9420/2004 MATERIAL AND EQUIPMENT RENTED: RETURNED: RENTAL CONTRACT New Cumberland PA17070 ............ ----- ................................. .................. ---.--.----...--.--.-..----.---..-- Phone: 717-774-6400 Fax: (3) DdEase 365 CFM dehumidifiers, each with two air movers Replacement value = $ 4,200.00 each Week = 7 days Jobsite Address: Reference Quote # 125051 Weekly One Way : Delivery 6.00% Sales Tax: Total LESSEE $1,050.00 $125.00 $63.00 $1,113.00 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment") described in the schedule ("Schedule') upon the terms and corMftions set forth herein ("Lease"). 2. Tenn. The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redefivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee will be charged a cancellation charge. 3. Inspection of Equipment. Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same in such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Failure to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. Risk of Loss. Any loss, damage, theft or destruction of any Rem of Equipment shall be bome by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shag impair the obligations of Lessee under this Lease, all of which shall continue in force and effect. Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or component parts hereof at replacement cost. 5. Recovery of Equipment. If at any time, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has failed or refused to take proper pre of the Equipment or if Lessee shag have failed to make any payment provided for herein when due, Lessor shag have right without notice to Lessee to forthwith remove the Equipment and Lessee agrees to indemnify Lessor for any expense incurred by Lessor in the connection with such removal, including without limitation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT C Page TAlo of Rental Contract 6. Indemnification. Lessee assumes liability for, and hereby agrees to indemnify, protect and keep harmless Lessor from and against arty and all liabilities, obligation, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorneys fees, of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by whom operated, or any failure on the part of Lessee to perform or comply with arty conditions of this Lease. The provisions of this paragraph (6) shall eatinue in full force and effect notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained In this Lease shall authorize Lessee or any other person to use or operate any item of Equipment so as to impose any liability or obligation on Lessor. 7. Insurance. Lessee shall obtain and provide Lessor with a certificate of insurance naming Lessor as additional insured in the amount of $1,000,000.00 for combined single limit bodily injury/property damage coverage and all risk equipment property damage coverage in the amount or the full replacement value Ollie equipment described in the schedule. 8. Defects and Repairs. Lessor shaft in no event be subject to liability to Lessee for any claim for delay or arising out of loss of use of the Equipment by reason of defect therein, breakdown or maladjustment. On receipt of notice thereof in writing Lessor within a reasonable time will repair or replace any item of Equipment requiring same. All repairs and adjustments are to be performed by Lessor except when written permission is given by it to the servicing, repair or adjustment of the Equipment by others. Such repair and adjustment will be performed by CessbF free of charge in all instances where required due to ordinary wear and tear. When in Lessor's judgment said defect, breakdown of maladjustment is due to neglect or misuse of the Equipment by Lessee, such service will be billed to Lessee at prevailing rates. 9. Rental Payments. The Ford for the Equipment shag be the amount stated and shag be due and payable without any discount, abatement or reduction within ten (10) days. Payment for repairs or service performed by Lessor pursuant to paragraph (7) above shag be due and payable within ten (10) days after bitfng by Lessor. The receipt of any check or other Item on account or any rental papnend will not be considered as payment thereof until such check or other Kern is honored when presented for payment. ALL TRANSPORTATION CHARGES FOR SHIPMFJNT OF THE EQUIPMENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE EQUIPMENT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. All such amounts shag be payable at the office of Lessor or ft assigns (or at such other place as lessor may from time to time designate in writing). Overdue payment for the Ford and other charges, Including Lessee frabrTity for damages and losses as described in this Rental Contract, shag bear interest at the lessor of 18% or the highest rate allowed by applicable law, and lessee make payment of such interest to Lessor. 10. No Offset. AN rental and other payments due hereunder shag be paid by Lessee irrespective of any seloff, counterclaim, recouprnerd. defense or other right which Lessee may have against the supplier or the Equipment or any other party. 11. Warranties. LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURERS AGENT, MAKES NO EXPRESS OR IWPLJM WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR iTS FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT: COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW. RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP IN THE EQUIPMENT; PATENT INFRINGEMENT; OR LATENT DEFECTS. Lessee wig be subrogated to Lessor's deans, K a3 rry, against the n onuracturer or supplier of the Equipment for broach or any vm andy with respect to the Equipment and. upon written request from lessee. Lessor shag lake all reasonable action requested by Lessee to enforce eery such warranty which is enforceable by Lessor in its own name, provided that (a) Lessee is not in default under this Lease and (b) Lessor shag not be obligated to resort to Rtigation to efface any such warranty unless Lessee shag pay all expenses in connection therewith. Nolwdbstan6ng the foregoing. Lessee's obligations to make the payments due under this Lease shag be and are absolute and uncondrTwnai. AN proceeds ovary such warranty recovery from the manufacturer or supplier of the Equipment shag first be used to repair the affected Equipment. 12. Title to Equipment. Title to each item or Equipment shag remain with Lessor et all times and Lessee shag have no rigid, title or interest therein except as expressly set forte In this Lease. Lessee. of its expense will prated and defend Lassoes title to the Equipment and will beep the Equipment free and dear from any and all claims, liens, encumbrances and legal processes of Lessees creditors and other persons. Lessor assumes no liability and makes no representation as tD the treatment by Lessee of this Lease or the rental or other payments for financial statement or ?axc purposes. 13. Assignnent by Lessee. Without L.essoes prior written consent, lessee may not (a) assign, transfer, pledge, hypothecate or otherwise dispose of this Lease or any interest therein or (b) sublet or lend the Equipment or permit same to be used or operated by anyone other than Lessee or Lessee's employees. 14. Taxes and Requirements of Law. Lessee will keep the Equipment free and dear of all levies, Bens and encumbrances and, as additional Ford during the tens of this Lame, shall pay all assessments, license fees, taxes (Including sates, we, excise, personal property, ad valorem, stamp, documentary and other taxes) and all anther gavernmerdal charges. fees, fines or penalties whatsoever, whether payable by Lessor or Lessee, on or relating to the Equipment or the use, registration, rental. shipment, transportation, delivery. Ownership or operation tieriid, and on or relating to this Lease and any Schedules executed In connection herewith, and Lessee shag file all returns required therefor and furnish copies therefor to Lessor at its request, provided, however. that the foregoing shag not include any federal, state or sty income or franchise lazes of Lessor. Lessee shall comply with and conform to any municipal. state and federal laws and regulations relating to the use and operation of said Equipment. 15. Remedies of Lessor. Upon the occurrence or any default and at any time thereafter (subject to any applicable grace provisions) Lessor may without arty further notice exercise one or more of the follwAig remedies, as Lessor in its sole discretion may elect (a) declare all unpaid rentals under this Lease to be immediately due and payabletb) terminates this Lease as to any or all Items of Equipment(c) take possession of the Equipment wherever fowl. and for this purpose enter upon any premises of Lessee and remove No Equipment, without any fiabgty for wrl, action or other proceeding by the Lessee;(d) muse lessee at its ex pensii to promptly return the Equipment to L.essorle) use, hold, seg. lease or otherwise dispose of the Equipment or any Item thereof on the premises of Lessee or any other location waVKxd affecting the obligations of Lessee as provided in this LeaseA proceed by approprfafe action either in law or equity. or submit such claim to mbgrallori in New York City amrsuard to the Rules and Regulations of the American Arbitration Association) to enforce pvrfotnmance by Lease of the applicable covenants of this Lease or to recover damages for the breach thereof. LESSEE WAIVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR IN THE EVENT OF A DEFAULT THEREUNDER BY LESSEE. 16. Severabltlty. Any provision of this Lease which Is. prohibited or unenforceable in any fur on shall, as b such Jurisdiction, be Ineffective to the extent of such prohibition and unenforceable without Invalidating the remaining provisions hexed To ire extent permitted by applicable law. Lessee hereby waives any provision of law which pmh?bds or renders wrerdonceabie any provisions hereof in arty respect. 17. Modification No modification of this Lease shag be raid or effective for any purpose unless in wring and signed by Lessor and Lessee. 18. Constructlon. This Lease shall in all respects be governed by and construed in accordance with the laws of the State of New York. 19. Patties. The provisions of this tease shall be binding upon, and inure b the benefit of, the assigns, representatives and successors of the Lessor and Lessee. If there is more than one Lessee named in this Lease, the liability of each shall be joint and several. 20. The undersigned hereby warrants that he 7s acting and entering into this contract with the authority of said Lessee. (NOTE) - Copy of Lessees Insurance Certificate mast be on record with Lessor rating ON SITE ENERGY as Additional insured' with Minimum Laibility of $1,000,000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR RENTAL THEREOF. THIS RENTAL IS SUBJECT TO ALL OF THE CONDITIONS PRINTED ON PAGES 1 AND 2 OF THIS DOCUMENT. THE RECEIPT OF THIS EQUIPMENT SHALL CONSTITIITE AN ACCEPTANCE OF THE TERMS AND CONDITION THEREIN CONTAINED ABOVE, OR ON PAGES 1. Reference M 125051 Contrad `..... .. . ....................................... Date 92012004 W- GUARANTY The undersigned Guarantor guarantees to Lessor. Lesses surccessOm and assigns, the fug performance and observance of all the agreements to be Lessee in the attached Rental Contract, without requiring any notice to Guarantor of nonpayment or, non o? and observed by nod responsible under this guaranty, all of which the performance, or proof. or notice demand, nett the e Guarantor under this nd shall not be ended. or undersigned hereby expressly waives and expressly agrees that the legality of this agreement and the agreements of the e agreement changed by reason of the claims to Lessor against Lessee of any of the rights or remedies given to lessor as agreed in the attached Rental Contract. The Guarantor further agrees that this guaranty shag remain and continue in full force and effect as to any renewal, change or extension of the Rental Contract. Guarantor hereby waives the right to atrial by jury in the event any action or proceeding is commenced by or against the Guarantor concerning this guaranty. This Is an absolute and continuing guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor PF ON SITE ENEP DELIVERED: 9/20/2004 ASAP Restorations 116 4th Street ORDERED BY: Don DATE OF CONTRACT y 9/20/2004 MATERIAL AND EQUIPMENT RENTED: One GR 4" trash pump 0 5PA-5,6'S 20' suction hose 100' layflat discharge hose Unit delivered full of fuel, must be returned full or $3.50 per gallon to re-fill Replacement value = $ 32,000.00 PM required @ 150 hours @ $ 375.00 per service Jobsite Address: Reference Quote # 125052 Weekly One Way : Delivery 6.00% Sales Tax: Total LESSEE $844.20 $53.00 $94.00 $95.00 $65.17 $1,151.37 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment') described in the schedule ("Schedule") upon the terms and conditions set forth herein ("Lease'). 2 Twit The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. M the event Lessee cancels delivery, Lessee will be charged a cancellation charge. 3. Inspection of Equipment. Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same in such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Failure to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. Risk of Loss. Any loss, damage, theft or destruction of any Rem of Equipment shall be borne by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impair the obligations of Lessee under this Lease, all of which shag continue in force and effect. Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or component parts hereof at replacement cost. 5. Recovery of Equipment. If at any time, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has failed or refused to take proper care of the Equipment or if Lessee shalt have failed to make any payment provided for herein when due, Lessor shall have right without notice to Lessee to forthwith reprove the Equipment and Lessee agrees to indemnify Lessor for any expense incurred by Lessor in the connection with such removal, including without limitation, reasonable attorneys fees and cost of any legal proceedings. 'COMPANY OF CENTRAL PENN" YVANIA, LLC 238 N. Locust Point Road Building 'i-%; Mechanicsburg, PA 17050 PO #: Phone: (516) 937-1500 Fax: (516) 9374516 RETURNED: RENTAL CONTRACT New Cumberland PA17070 .....- ............. -..... .....- - ..... _...... ..................... --............ -..................... Phone: 717-774-6400 Fax: EXHIBIT D Page Two of Rental Contract 6. Indemnification. Lessee assumes liability for, and hereby agrees to indemnify, protect and keep harmless Less from and against any and all liabilities, obligation, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorneys fees, of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by whom operated, or any failure on the part of Lessee to perform or, comply with any conditions of this Lease. The provisions of this paragraph (6) shall continue in full force and effect notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shag authorize Lessee or any other person to use or operate any item of Equipment so as to impose any liability or obligation on Lessor. 7. Insurance. Lessee shag obtain and provide Lessor with a certificate of insurance naming Lessor as additional insured in the amount of $1,000,000.00 for combined single limit bodily injurWproperty damage coverage and all risk equipment property damage coverage in the amount of the full replacement value of the equipment described in the schedule. 8. Defects and Repairs. Lessor shag in no evert be subject to Iiabiiity to Lessee for any claim for delay or arising out of loss of use of the Equipment by reason of defect therein, breakdown or maladjustment. On receipt of notice thereof in writing Lessor within a reasonable time will repair or replace arty item of Equipment requiring same. Alt repairs and adjustments are to be performed by Lessor except when wrftfen permission is given by it to the servicing. repair or adjustment of the Equipment by others. Such repair and adjustment will be parkin d by Lessor. free of charge in all instances where required due to ordinary wear and tear. When in Lessor's judgment said defect, breakdown or maladjustment is due to negled or misuso of the Equipment by Lessee. such service will be bitted to Lessee at prevailing rates. 9. Rental Payments. The rent for the Equipment shag be the amount slated and shag be due and payable without any discount, abatement or reduction within ten (10) days. Payment for repairs or service performed by Lessor pursuant to paragraph (n above shall be due and payable within ten (10) days after billing by Lessor. The receipt of any check or other Rem on account of any, rental payment will not be considered as payment !hereof until such check or other item is honored when presented for payment. ALL TRANSPORTATION CHARGES FOR SHIPMENT OF THE EQUIPMENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE EQUIPMENT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. AN such amounts shall be payable at the office of Lessor or is assigns (or at such other place as Lessor may from time to time designate in writing). Overdue payment for the rent and other charges, inchrd'ag Lessee liability for damages and losses as described in this Rental Contract, shag bear interest at the lessor of 18% or the highest rate allowed by applicable law, and Lessee make payment of such interest to Lessor. 10. No Offset. AN rental and other payments due hereunder shag be paid by Lessee Irrespective of any set-off, counterclaim, recoupmert, defense or other right which Lessee may have against the supplier of the Equipment or any other party. 11. Warranties. LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURERS AGENT, MANS NO EXPRESS OR IMPLIED WARRANTY OF ANY WND WHATSOEVER WITH RESPECT TO THE EQUIPMENT. INCLUDING BUT NOT LIMITED TO, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE: THE DESIGN OR CONDITION OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW. RULE. SPECIFICATION OR CONTRACT PERTAINING THERETO; THE QUALITY OR CAPACITY OF THE EQUIPMENT. THE WORIWANSHIP IN THE EQUIPMENT: PATENT PIFRWGE ENT, OR LATENT DEFECTS. Lessee will be subrogated to Losses claims. if any, against the manufacturer or supplier of the Equipment for beach of any vvamudy with rasped to the Equipment and, upon written request tram Lessee. Lessor shag take all reasonable action requested by Lessee to enforce any such warranty which is enforceable by Lessor in its own name, provided l hat (a) Lessee Is not in debut hander this Lease and (b) Lessor shat not be obligated to resort to Ftigation to erdome any such warranty unless Lessee shelf pay all expenses in connection therewith. Nalwithstarhdng the foregoing, Lessees obligations to make the payments due under this Lease shag be and are absolute and haoahdhtioruri. AN proceeds of any such warranty recovery tram the manufacturer or supplier of the Equipment shall lust be used to repair the affected Equipment. 12. Title to Egndpmenrt. Title to each item of Equipment shag ruin with Lessor at all times and Lessee shag have no right, We or interest therein except as expressly set forth in this Lease. Lessee, at its expense will protect and defend Lassoes title to the Equipment and will keep the Equipment free and clear from any and at claims, ions, encumbrances and legal processes of Lessee's creditors and other persons. Lessor assumes no fiabilty and makes no representation as to the treatment by Lessee of this Lease or the rental or other payments for financial statement or to purposes. 13. Assignment by Lessee. Without Lesson's prior vw*m consent, Lessee may not (a) assign, transfer, pledge, hypothecate or otherwise dispose of this Lease or any Interest therein or (b) sublet or lend the Equipment or permit same to be used or operated by anyone other than Lessee or Lessee's employees. 14. Taxes and Requirements of Law. Lessee will beep the Equipment free and clear of at levies, Bens and encumbrances and, as addtionral rent during the term of this Lease, shag pay at assessments, license fees, taxes (KwkW g sales, use, Parise. personal property, ad valorem, stamp, documentary and other taxes) and at other governmental charges, fees, fines or pence whatsoever, whether payable by Lessor or Lessee, on or retating to the Equipment or the use, registration, rental. shipment, transportation, delvery. ownership or operation thereof, and on or relating to this Lease and any Schedules executed in connection herewith, and lessee shag file all returns required therefor and furnish COPOS therefor to Lessor at is request, provided, however. that the foregoing shag not include any federal, state or city intone or franchise taxes of Lessor. Lessee shall comply with and conform to any municipal. state and federal laws and regulations relating to the use and operation of said Equipment. 15. Remedies of Lessor. Upon the occurrence of any default and of arty time thereafter (subjed to any applicable grace provisions) Lessor may wit out any Airt het notice exercise one or more of the following remedies, as Lessor in its sole discretion may elect: (a) declare all unpaid rentals under this Lease to be immediately due and payable4b) terminates this Lease as to any or at items of ET*iment;(c) tales possession of the Equipment wherever found, and for this purpose enter upon any premises of lessee and Rene the Equllinrert, without any liability for sit, action or other proceeding by the Lessee;(d) cause Lessee at its expense to promptly return the Equipment to LessorXe) use, hold, sell, lease or otherwise dispose of the Equipment or any item thereof on the premises of Lessee or any other location without affecting the obligations of Lessee as prodded in this Lease;(!) proceed by appropriate action either in law or equity, or submit such chum to arbitration in New Yak City (pursuant to the Rules and Regulations of the American Arbitration Associatiorh) to enforce perfamianoe by Lease of the applicable covenants of this Lease or to recover damages for the breach thereof. LESSEE WAVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR IN THE EVENT OF A DEFAULT THEREUNDER BY LESSEE. 16. Severablility. Any provision of this Lease which is prohibited or unenforceable in any jurisdiction shat, as to such jurisdiction, be ineffective to the extent of such prohibition and unenforceable without mvafhdating the remaining provisions hereof. To the extent permitted by applicable law, Lessee hereby waives any provision of law which prohibits or readers unenforceable any provisions hereof in any respect 17. MWMC20ML No modification of Ift Lease shat be valid or effective for any purpose unless in writing and signed by Lessor and Lessee. 18. Constnrctfon. This Lease shat in all respects be governed by and construed in accordance with the laws of the State of New York. 19. Parties. The prodsiorm of this lease shag be binding upon, and inure to the benefit of the assigns, representatives and successors of the Lessor and Lessee. I there is more than one Lessee named in this Lease, the liability of each shall be joint and several. 20. The undersigned hereby warrants that he is acing and entering into this contract with the authority of said Lessee. (NOTE) - Copy of Lessee's Insurance Certificate must be on record with Lessor noting ON SITE ENERGY as 'Additional Insured' with Minimum Laibility of $1,000,000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR RENTAL THEREOF. THIS R IS SUBJECT TO ALL OF THE CONDITIONS PRINTED ON PAGES 1 AND 2 OF THIS DOCUMENT. THE RECEIPT OF THIS E SHALL CONSTITUTE ACCEPT E OF THE TERMS AND CONDITION THEREIN CONTAINED ABOVE, OR ON PAGES 1. Reference 125052 Contract Date 9/20/2004 .?.._ ................. GUARANTY LL The undersigned Guarantor guarantees lo Lessor, Lessor's successors and assigns, fug performance and observance of all the agreements to be performed and observed by Lessee in the attached Rental Contract, without requiring any notice to Guarantor of nonpayment or, nonperformance, or proof, or notice of demand, to hold the undersigned responsible under this guaranty, all of which the undersigned hereby expressly waives and expressly agrees that the legality of this agreement and the agreements of the Guarantor under this agreement shall not be ended, or changed by reason of the claims to Lessor against Lessee of any of the rights or remedies given to Lessor as agreed in the attached Rental Contract. The Guarantor further agrees that this guaranty shalt remain and continue in full force and effect as to any renewal, change or extension of the Rental Contract. Guarantor hereby waives the right to a trial by jury in the evert any action or proceeding is commenced by or against the Guarantor concerning this guaranty. This is an absolute and continuing guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor PF ON SITE ENERG ?OAAPANY OF CENTRAL PENNSI --1ANIA, LLC 238 N. Locust Point Road Building 14; Mechanicsburg, PA 17050 PO #: Phone: (516) 9374500 Fax: (516) 9374516 DELIVERED: 8/22/2004 ASAP Restoration 116 4th Street ORDERED BY: Don DATE OF CONTRACT: 9/22/2004 MATERIAL AND EQUIPMENT RENTED: Rental of one 1,000 watt gas generator set Jobsite Address: Reference Quote # 125065 RETURNED: RENTAL CONTRACT New Cumberland PA17070 Phone: 717-774-6400 LESSEE Fax: 6.00% Weekly : Delivery Sales Tax: Total $125.00 $7.50 $132.50 1. Lem. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment) described In the schedule ("Schedule") upon the terms and conditions set forth herein ("Lease"). 2. Teri. The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee wig be charged a cancellation charge. 3. Inspection of Equipment Lessee has sm ined the Equipment and has found saute to be in first-rate mechanical condition. Lessee urderfalkes to return the same In such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equonent. Failure to claim defect within such period shad be deemed an irrevocable waiver thereof. 4. Risk of Loss. Arry loss, damage, theft or destruction of any Bern of Equipment shag be borne by Lessee wrJuatng, wdxO gmgation, damage caused by freezing or kick of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shag impair the obligations of Lessee under this Lease, all of which shag continue in force and effect. Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or con ,4ww3nl parts hereof at replacement cost. 5. Recovery of Eau onent. If at any time, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has faded or refused to take proper care of the Equipment or N Lessee shag have failed to make any payment provided for herein when due, Lessor shag have right without notice to Lessee to kdhwgh remove the Equipment and Lessee agrees to mdemrdty Lessor for any wpm" incurred by Lessor in the connection with such removal, including without gmgation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT H PF ON SITE ENEF 'COMPANY OF CENTRAL PENN,'-' YVANIA, LLC 238 N. Locust Point Road Building i Mechanicsburg, PA 17050 PO #: Phone: (516) 937-1500 Fax: (516) 9374616 DELIVERED: 9/2312004 4:30 PM ASAP Restoration 116 4th Street ORDERED BY. Don DATE OF CONTRACT: 9/23/2004 MATERIAL AND EQUIPMENT RENTED: RETURNED: RENTAL CONTRACT New Cumberland PA17070 ..-.-..... -....... --------- - --- -- ....... ............. -- Phone: 717-774-6400 Fax: (2) DdEaz dehumidifiers, with air movers to be delivered on 9/24 Note: Rate will drop to $440.00 per unit per week if kept for extra weeks Week = 7 days Replacement value = $ 4,200.00 each Jobsite Address: Reference Quote # 125058 Weekly One Way : Delivery 6.00% Sales Tax: Total LESSEE $960.00 $95.00 $63.30 $1,118.30 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment) described in the schedule ("Schedule") upon the terms and condttons set forth herein ("Lease'). 2. Tenn The term of this Lease shall commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee will be charged a cancellation charge. & Inspection of Equi;mxmt. Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same in such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Faiure to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. Risk of Loss. Any loss, damage. theft or destruction of any Rem of Equipment shall be borne by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment In whole or in part, shalt impair the obligations of Lessee under this Lease, all of which Owl continue in force and effect Lessee will be bided for any Rem of Equipment destroyed or damaged beyond reasonable repair and wit pay for same or component parts hereof at replacement cost. 5. Recovery of Equipment. If at any tone, Lessor has reason to believe that the Equipment is in danger of theft or damage or that Lessee has faded or refused b take proper care of the Equipment or If Lessee shall have faded to make any payment provided for herein when due, Lessor shad have right without notice to Lessee to forthwith remove the Equipment and Lessee agrees to indemnify Lessor for any expense Incurred by Lessor in the connection with such removal, inckxfrV without limitation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT F f9age Two of Rental Contract 6. Indemnification. Lessee assumes liability for, and hereby agrees to indemnity, protect and keep harmless Lessor prom and against any and all liabilities, obligation, losses, damages, Injuries, claims, demands, penalties, actions, costs and expenses. including reasonable attorneys fees, of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by wham operated, or any failure on the part of Lessee to pedorm or comply with any conditions of this Lease. The provisions of this paragraph (6) shall continue in full force and effect notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained in this lease shall authorize Lessee or any other person to use or operate any item of Equipment so as to impose any liability or obligation on Lessor. 7. Insurance. Lessee shall obtain and provide Lessor with a certificate of insurance naming Lessor as addiiahal insured in the amount o($1,000.000.00 for combined single limit bodily lrju ylproperly damage coverage and all risk equipment property damage coverage in the amount of the fill replacement value of the equipment described in the schedule. 8. Defects and Repolm Lessor shall in no event be subject b liability to Lessee for any claim for delay or arising out of lass of use of the Equipment by reason of detect therein, breakdown or rnaladjusinmert. On receipt of notice thereof In writing Lessor wither a reasonable time will repair or replace any item of Equipment requiring same. AN repairs and adjustments are to be performed by Lessor except when written permission is given by it to the servicing, repair or adjustment of the Equipment by others. Such repair and adjustment will be performed by Lessor Tree of change in all Instances where required due to ordinary wear arid tear. When in Lessor's judgment said detect, breakdown or maladjustmert is dire to neglect or misuse of the Equipment by Lessee, such service will be tilled to Lessee at prevailing rates. 9. Rental Payments. The rent for the Equipment shhall be the amount stated and shad be due and payable without any discount, abatement or reduction within ten (10) days. Payment for repairs or service performed by Lessor pursuart to paragraph (7) above shah be due and payable within ten (10) days after billing by Lessor. The receipt of any check or other (tom on account of any rental payment will not be considered as payment thereof unlit such check or other item is honored when presented for payment. ALL TRANSPORTATION CHARGES FOR SHIPMENT OF THE EClUPIbENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE EOUIPNENT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. All such amounts strati be payable at the office of Lessor or Its assigns (or at such other place as Lessor may from time to time designate in writing). Overdue payment for the rent and other charges, including Lessee liability for damages and losses as described in this Rental Contract, shall bear Merest at the lessor of 19% or the highhed rate allowed by applicable law, and lessee make payment of such Interest to Liessor. 10. No Offset AN ratan and other payments due hereunder shall be paid by Lessee irrespective of any set-off, cotter-claim, recoupment, defense or other right which Lessee may have against the supplier of the Equipment or any other party. 11. War Mkt. LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTUREMS AGENT, WAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQIUIPNENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE EQUIPMENT: COMPLIANCE OF THE EQUIPMENT WITH THE REQ XRENENTS OF ANY LAW, RULE. SPECIFICATION OR CONTRACT PERTAM40 THERETO. THE Qt1ALLIlY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP N THE EQUIPMENT, PATENT INFRNG113ENf. OR LATENT DEFECTS. Lessee "M be subrogalad to Lessors chins, f any, against the or supplier ofthe Equipine t for breach of any wamudy with respect to the Equipment and, upon wrttan request Iran Lessee, Lessor shell lain all reasonable action requested by Lessee Io enforce any such warranMy which is entaoeable by Lessor In its own name. provided that (a) Lessee is not in default under lift Lease and (b) Iassar shall not be obligated to resat b INgWon to enforce any such wararty unless Lessee shall pay all expenses In cerpieotorh therewith. KNAhatamSag the foregoing, Lessees obligations to make the payme is due underOrs Lease shat be and are absolute and uncadtiond. AD proceeds of any such washy recovery from the manufacturer or supplier of the Equipment shall fist be used to repair the affected Equipment. 12. Tale to EW*mert. Tate to each item of Equipment shall remain wth Lessor al at tines and Lessee shall have no right, We or interest therein except as expressly eel touch In this Lease. Lessee, at Is expanse will protect and defend lessors We to the Equipment and will hoop the Equipment free and dear from any and all claims, lions. .x,+..dxancee and legal processes of Lessees creditors Tid other persons. Lessor assumes no liability and makes no representation as to the treatment by lessee of this Lease or the rental or other payments for financial statement or fakir purposes. 13. Assignment by Lessee, Vik hout Lessors prior vw Mahn consent. Lessee may not (a) assign, transfer, pledge, hypothecate or otherwise dispose of this Lease or any interest therein or (b) sublet or lend the Equipment or permit some to be used or operated by anyone other than Lessee or Lessee's employees. 14. Taxes MW Requirements of Law. Lessee will keep the EgclpanvA free i d dear of all levies, liens and encumbrances and, as additional rent ding to term of this Lease, shall pay e,0 assesenrerds, license ton, faxes (including sales, use. maciae. personal property, ad valorem. damp. documentary and other taxes) and all other governmental charges. Sam fines or penalties whalsoover, whether payable by I essor or Lessee. an or nefatng b the Equipment or the use, registration, rental, slipmerht, transportation. deivery. ow nwship or operation t ed. ad on or refatsg to fns Lease and any Sdhedndes executed In connection henawlth, and Lessee shall file all retcams required therefor and finish copies therefor to Lessor at Its request, provided. however, that that foregoing shall not include any federal, state or city income or franchise taha>s of Lessor. Lessee shall complywith and cadonm to ay municipal, stale ad federal laws and regulations wising b the use and operation ofsand Equipment. 15. Remedies of Lessor. Upon the occurrence of any default and at any time thereafter (subject to any applicable grace provisions) Lessor may without any further notice exerase one or more d th knowing remedies, as Lessor in its sole discretion may sled: (a) declare all unpaid rentals under this tease to be Immediately due and payablo;(b) terminate* this Lease as to any or all Berns of Equipmenk(c) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee end remove the Equipment, willhout any ialta ft for silt, action or other proceeding by the L.essee•,(d) cause Lessee at its aWise to promptly return the Equipment to LesscrXe) use, hotel, sell. loess or otherwise dispose ofthe Equipment or any item thereof on the premises of Lessee or any other location without affecting the obligators of Lessee as provided In this Lease;(f) proceed by appropriate action sillier In law or equity, or submit such claim to abilration in New Yak City (pursuaud to the Rules and Regulators of the American AdArefion Association) to enforce ptrfin...a" by Lassa ofthe applicable covenants duns Lease orto recover damages for the breach thereof. LESSEE WAIVES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HEARING WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR N THE EVENT OF A DEFAULT THEREUNDER BY LESSEE. 16. Severablility. Any provision of this Lease which is prohibited or u..c."caable in any jrsisdicdon shy, as to such jtai kftn, be Ineffective to the extent of such prohNtlon and unenforceable without Invalidating the remaining provisions hereof To the extend permitted by sppficabie law. Lessee hereby waives any provision of law which prohibits or renders ur.&Aueat4a any provisions hereof lo any respect 17. Modifiafiom No modification of this Leave shall be valid orefectve for any purpose unless in writing and signed by Lessor and Lessee. 1S. Construction. This Lease shall in all respects be governed by and construed in accordance with the laws of the State of New York 19. Parties The provisions of this lease shall be binding upon, and inure to the heneld of, the assigns, representatives and successors of the Lessor and Lessee. f thereis more than one Lessee named in this lease. Go liability of each shall be joint and several. 20. The undersigned hereby warrants that he is acting and entering kilo this contract with the authority of said Lessee. (NOTE) - Copy of Lessees Insurance Certificate roust be on nxx and wilh Lessor noting ON SITE ENERGY as Additional Insured' with Minimum Lability of $1.000.000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR RENT THEREOF. THIS RENTAL IS SUBJECT TO ALL OF THE CONDITIONS PRINTED ON PAGES 1 AND 2 OF THIS DOCUMENT. THE RECEIPT OF THIS " SHW L AN ANCE OF THE TERMS AND CONDITION THEREIN CONTAINED ABOVE, OR ON PAGES 1. Reference 0: 125058 Contrad Date x/2312004 LESS GUARANTY The undersigned Guarantor guarantees b Lessor. Lessors successors and assigns. the full performance and observance of all the agreements to be performed and observed by Lessee in the attached Rectal CortuacL without re*nrkg any notice to Guarantor of nonpayment or, norpak,.oance, or proof, or notice of demand, to hold the undersigned responsible under this guaranty, at of which the udesignW hereby expressly waives and expressly agrees that the legality of this agreement and the agreements of the Guarantor under this agreement shall not be ended, or charged by reason of the darns to Lessor against Lessee of any of the rights or remedies given to Lessor as agreed in the attached Rental Contract. The Guarantorfurther agrees that kris guaranty shall renrhain and continue in full force and elect as to any renewal, change or extension of the Rental Contract. Guarantor hereby waives the right to a trial by jury in tie avoid any action or prooeeifirg is commenced by or against the Guarantor concerning this guaranty. This is an absolute and contimft guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor PF ON SITE ENERG w nOMPANY OF CENTRAL PENNSI (ANIA, LLC 238 N. Locust Point Road Building 1-6 Mechanicsburg, PA 17050 PO #: Phone: (516) 9374500 Fax: (516) 9374516 DELIVERED: RETURNED: RENTAL CONTRACT ASAP Restoration 116 4th Street ORDERED BY: Don _-• ------------ DATE OF CONTRACT: 9/24/2004 MATERIAL AND EQUIPMENT RENTED: Ten - Dryer Fans One week equals 7 days Replacement value = $250.00 each plus freight Freight will be added to invoice New Cumberland PA17070 _........... ............ ......................... _. ---...................... ..... _.................... ........... Phone: 717-774-6400 Jobsite Address: Harrisburg PA Reference Quote # 125059 Fax: Weekly Round Trip : Delivery 6.00% Sales Tax: Total LESSEE $1,000.00 $60.00 1. Ecorse. Lessor hereby leases to Lessee, and Lessee hereby rents from the Lessor all the material, equipment and other property ("Equipment) described In the schedule ("Schedule`) upon the terms and conditions set forth herein ("Lease"). 2. Term. The term of this Lease shalt commence upon receipt of the Equipment by Lessee and shall terminate upon the date of redelivery of the Equipment to Lessor. In the event Lessee cancels delivery, Lessee will be charged a cancellation charge. 3. Mapection of Equipment Lessee has examined the Equipment and has found same to be in first-rate mechanical condition. Lessee undertakes to return the same In such condition, reasonable wear and tear excepted. Any claim of defect must be asserted in writing to Lessor within 72 hours of receipt of the Equipment. Famkwe to claim defect within such period shall be deemed an irrevocable waiver thereof. 4. WA of Loss. Any loss, damage, theft or destruction of any item of Equipment shall be bome by Lessee including, without limitation, damage caused by freezing or lack of lubrication. No such loss, damage, theft or destruction of the Equipment, in whole or in part, shall impak the obligations of Lessee under this Lease, all of which shall continue in force and effect. Lessee will be billed for any item of Equipment destroyed or damaged beyond reasonable repair and will pay for same or coonponent parts hereof at replacement cost. 5. Recovery of Equipment If at any tine, Lessor has reason to believe that the Equipment is in danger of then or damage or that Lessee has failed or refused to We proper care of the Equipment or if Lessee shall have failed to maim any payment provided for herein when due, Lessor shag have right without notice to Lessee to forthwith remove tine Equipment and Lessee agrees to mdemmnify Lessor for any expense incurred by Lessor in the connection with such removal, including wMW limitation, reasonable attorneys fees and cost of any legal proceedings. EXHIBIT G Mp Two W Rental Contract 6. tndemrNtkation. Lessee assumes lbUffil for, and nereby agrees to indemnify, protect and keep harmless Lessor - in and against any and all liabilities, obligation, losses, damages. injuries, claims, demands, penalties, actions, costs and expenses, including reasonable attorneys fees, of whatsoever kind and nature, arising out of the use. condition (including, but not limited to, talent and other defects and whether or not discoverable by Lessee or Lessor) or operation of any item of Equipment, regardless of where, how and by whom operated, or any falture on the part of Lessee to perform or comply with any condiliorrs of this Lease. The provisions of this paragraph (6) shag continue in full tome and effect notwithstanding the expiration or other lamination of this Lease. Lessee is an independent contractor and nothing contained in this Lease shall authorize Lessee or any other person to use or operate any Iten of Equipment so as to Impose any liability or obligation on Lessor. 7. Imswance. Lessee shall obtain and provide Lessor with a certificate of insurance naming Lessor as additional insured in the amount of $1,000.OWD0 for combined single limit bodily k urylproperly damage coverage and all risk equipment property damage coverage in the amount of to full replacement value of the equipment described in the schedule. 8. Defects and Repairs. Lmeser shag in no event be subject to Iabfily to Lessee for any claim for delay or arising out of loss of use of the Equipment by reason of defect therein, broolok vm or madadjuslawnt On receipt of notice fhered in writing Lessor wIttln a reasonable time will repair or replace any item of Equipment requiring same. At repairs and adjustments are to be performed by Lessor except when written permission n given by it to the servicing. repair or adjustment of the Equipment by others. Such repair and adjustment will be performed by Lessorinee of charge In all Instarxas where required due to ordinary wear and tear. When in Lessors judgmmerht said defect, brealadown or mahadjustrnent is due to neglect or misuse of the Equipment by Lessee, such service will be billed to Lessee at prevailing rates. 9. Rental Paymermts. The rent for tea Equipment shag be the amount stated and shall be due and payable without any discount, abatement or reduction within ten (10) days. Payment for repairs or service performed by Lessor pursuant to paragraph (7) above stall be clue and payable within ten (10) days after bill" by Lessor. The receipt of any ctmeck or deer item on assert of any retai payment will not be considered as payment thereof umfil such check or other item is honored whin presented for payment ALL TRANSPORTATION CHARGES FOR SHUNT OF THE EQUIPMENT BY LESSOR TO LESSEE OR FOR THE RETURN OF THE ECAWMI IT FROM LESSEE TO LESSOR SHALL BE BORNE BY LESSEE. AN such amounts shall be payable at the office of Lessor or Is assigns (or at such other place as Lessor may from time to time designate In writing). Overdue payment for the rent and other charges. i cl udag Lessee liability for damages and losses as described w this Rental Contract, shall bear Interest at the lessor of 18% or the higtred rate flowed by applicable law, and Lessee Crake payment of such Interest to l essor. 10. No Offset. AN rental and other payments due hereunder shall be paid by Lessee irrespective of any setoff, courder-claim, recoupmet, defense or other right which Lessee may have againd the supplier of to Equipment or any other party. 11. W ,-dk,& LESSOR, NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT. MAKES NO EXPRESS OR PLED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT. NCLUDNG BUT NOT LIMITED TO THE WERC HANTAw n Y OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULJAR PURPOSE: THE DESIGN OR CONDITION OF THE EQUIPMENT: COMPLIANCE OF THE EQUIPMENT WITH THE RECAAREIWIENTS OF ANY LAW, RULE, SPECFICATION OR CONTRACT PERTANING THERETO; THE QUALITY OR CAPACITY OF THE EQUIPMENT: THE WORKMANSHIP N THE EQUIPMENT: PATENT I FRINGE Ef (T: OR LATENT DEFECTS. Lessee will be st"Vated to Lessor's claims. W any, against the marnrfadurer or supplier of the Equipment for breach of ary warranty with reaped to the Equipment and, upon written request firm Lessee. Lessor shall take all reasonable action requested by Lessee to enforce any such waraldy which is erioroeable by Lessor in its own name, provided that (a) lessee Is not in default under this Lease and (b) Lessor shag not be obligated to resort to ration to enforce any with vwam* Idlest Lessee shalt pay all ercp ensas in connection therewith. Notwithstanding the foregoing. Lessee's obligations to make the payments due under 2" Lease shall be and are absolute and tumondbonal. All proceeds of any such wara* recovery from the naradaduror or supplier of the Equipmerd shall fast be used to repair the affected Equipment. 12. Tide to FW% _ nit. Tile to each item of Equipment shall remain with Lessor at all tines and Lessee shall have no right, title or interest therein except as egxes* ad forth In Ithis Lease. Lessee. at Its eeperse will prated and deferd Lessors title to the Equipment and will keep the Equipment free and dear from any and at daims, lens. eneu nbranoes and legal processes Gf Lessee's CroMmrs and other persons. Lessor assumes no I r and crakes no represertalon as to the treatment by Lessee of this Lease orthe rend orother paymxds for fammcid sta b mxd orbd pupowc 13. Assignment by l essee. WIthout L owor'ss prior written consent, Lessee may not (a) assign. hamster, pledge, hypothecate or otherwise dispose of this Lease or any ihIn no therein or (b) sublet or hand the Equipment or pemil scone to be used or operated by anyone other than Lessee or Lessee's employees. 14. Taxes and Reepirements of Law. Lessee will keep the Equipment free and clear of all levies, lens and encumbrances and, as additional rend during the tern of this Lease. SW pay alt a_us.W ....d?, lioenes fees, fazes (rock ding sales, use, excise, personal property. ad valorem, stamp, documentary and other taxes) and all atlar govemmneMal charges, fees, fares or penalties whatsoever. Ywheller payable by Lessor or Lessee, on or rehafing to the EquRxnend or the use, registration, rental. shipment, tranepo.Wion. delivery, ownership or operation thereof, and an or relating to this Leese ad any Schedules executed in connection herewith. and Lessee shall fie all ret rm required therefor and furnish copies therefor to Lessor at ft request, provided, however. Ifat the foregoing slag not include airy federal, state or city income or franchise taxes of Lessor. Lessee shag comply wlth ad canton to any municipal, state and federal haws and regulations relaing to the use and operation of said Equipment. 15. Remulles of Lessor. Upon the occurrence of any default and at any time thereafter (subject to any applicable grace provisions) Lessor may withhold ay further notice exercise one or more of the following remedies. as Loseq# in its axle discretion may elect (a) declare all unpaid rentals under this Lease to be immediately due and poyable;(b) lamdralee this Lease as to any or all Items of E :(c) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and ran ove the Equipment, vd#KM any liability for suit, action or other proo swing by the Lessee-,(d) cause lasses at its wpense to promptly return the Equipment to Lessor je) rue, hold, sell. Mew or atlrerwise dispose of the EQniprllant or any item thereof on the premises of Lessee or any other location without affecting the obligations of Lessee as puovifed in this Lsase:(f1 proceed by appropriate action either in new or equity, or surest such calm to arbitration in New York City (pursuant to the Rules and Regulations of the Mexican Arbilalion Ai a v -' " R) to enforce pe.fi...,a=* by l esae of the applicable covenants of this Lease or to recover damages for the breach thereof. LESSEE WANES ANY AND ALL RIGHTS TO NOTICE AND TO A JUDICIAL HtEARNG WITH RESPECT TO THE REPOSSESSION OF THE EQUIPMENT BY LESSOR N THE EVENT OF A DEIFAULT THEREUNDER BY LESSEE. 18. Severabift. Any provisim of this Leese which is prohibItad or unenforceable in any jurisdiction slag, as to such Jurisdiction, be ineffective to the extent of such Prohibition and a v* .ih._,.tzW- witinont i vafidafng the remaining pnwisions hereof. To the extend permiied by applicable law. Lessee hereby waives any provision of law which prohibiTs at renders unvin"u-AAs any provisions hared in any respect. 17. Modifladom No maCK: 1' Ti of ids Lease shag be valid or effective for ay purpose unless in writing and signed by Lessor and Lessee. 18. Construcdan. This Lease shall In all respects be governed by and eonshued in aocordanoe with the laws dire Slate c (Now Yorfc. 19. Parties The provisions of this lease shag be binding upon, and inure b the benefit of, to assigns, representatives and successors of the Lessor and Lamm. If there is more than one Lessee named In this Lease, the liability of each stall be joint and several. 20. The u e ...Vriod hereby lnarernts that the is acting and oil"" Into this contract with the authority of said Lessee. (NOTE) - Copy of Lessee's Insurance Centificafe must be on record with Lessor noting ON SITE SMWGY as'Additio W Insured' with Minimum Loibility of $1.000.000.00. WE HAVE RECEIVED THIS EQUIPMENT PURSUANT TO OUR ORDER FOR RENTAL TH THtlS RENTAL IS SUBJECT TO ALL OF THE CONDITIONS PRINTED ON SHALL ANCE OF THE TERMS AND CONDITION THEREIN PAGES 1 AND 2 OF THIS DOCUMENT. THE RECEIPT OF THIS EQU777 CONTA 4ED ABOVE, OR ON PAGES 1. Reference if: 125059 Contract Date 91240004 ..... LESSEE GUARANTY The undersigned Guarantor guarantees to Lessor, Lessors successors and assigns. the full performance and observance of all the agreements to be performed and observed by Lessee in the attached Rental Contract, without requiring any notice to Guarantor of nonpayment or, nonperformance, or proof, or notice of demand, to hold the undersigned ra..poiv" under this guaranty, all of which the undersigned hereby expressly waives aid expressly agrees that the legality of this agreement and the agreenerdc of the Guarantor under tat agreement stall not be ended, or clanged by reason of the claims to Lessor against Lessee of any of the rights or remedies given to Lessor as agreed in the attached Rental Contract. The Guarantor further agrees that thts guaranty shag remain and continue In full force and effect as to any renewal, change or extension of the Rental Contrad. Guarantor hereby waives the right to a trial by jury in the event any action or proceeding is ciAananasd by or against the Guarantor concerning this guaranty. This is an absolute and continuing guaranty. Print Name: Print Address: Social Security No.: Signature Guarantor ct- cl ? 1 w? 17-? C? C Cam. r r n N O m n 29 C11 CA .r? rQr-t c rn SITE ENERGY COMPANY OF IN THE COURT OF COMMON PLEAS OF ITRAL PENNSYLVANIA, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2004-6501 CIVIL L. MORTON, individually and CIVIL ACTION - LAW business as ASAP RESTORATION ICES, Defendant ACCEPTANCE OF SERVICE I hereby accept service of the Complaint on behall'of Defendant Gary L. Morton, and doing business as ASAP Restoration Services and certify that I am authorized to so. KUNDRAT & ASSOCIATES LAW OFFICES SNELBAKER BRENNEMAN / By: ? ? y as Jab F. Kundrat, Esquire 107 oas Street Harrisburg, PA 17102 _ ?, , __._ ?,, ?, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06501 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ON SITE ENERGY COMPANY OF CENT VS MORTON GARY L ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MORTON GARY L but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 24th , 2005 , this office was in receipt o attached return from DAUPHIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R ? Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County .00 74.25 01/24/2005 SNELBAKER & BRENNEMAN Sworn and subscribed to before me this 3a ,1 day of ?LGS A. D. ?t o?,Q . , 1 Q 9 j-Prothonotary in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06501 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ON SITE ENERGY COMPANY OF CENT VS MORTON GARY L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MORTON GARY L D/B/A ASAP RESTORATION SERVICES but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers,: Docketing 6.00 Out of County .00 /?i° cESurcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 01/24/2005 SNELBAKER & BRENNEMAN Sworn and subscribed to before me this 2"k day of n»? A.D..' n AQ" l2 /?'WC nVViL("'r -?T Prothono a y in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania On Site Energy Company of Central Pennsylvania vs. Gary L. Morton et al SERVE: Gary L. Morton d/b/a ASAP Restoration Service 04-6501 civil t? o. Now, January 4, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Y Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to ` a and made known to So answers, Sworn and subscribed before sne this _ day of , ?0 20 , at o'clock M. served the copy of the original the contents thereof. Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT S f t4e ?$hPxiff ( ) t'?Q a Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania ON SITE ENERGY CO OF CENTRAL PA vs County of Dauphin MORTON GARY L Sheriff's Return No. 0035-T - - -2005 OTHER COUNTY NO. 04 6501 AND NOW:January 18, 2005 at 10:51AM served the within NOTICE & COMPLAINT upon MORTON GARY L by personally handing DBA ASAP RESTORATION SERVICES to JOHN KUNDRAT - ATTORNEY FOR DEFT 1 true attested copy(ies) of the original NOTICE & COMPLAINT to him/her the contents thereof at 107 BOAS ST HBG, PA 00000-0000 Sworn and subscribed to before me this 19TH day of JANUARY, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 and making known So Answers, ,?,? r? Sheriff of Dauphin County, Pa. By t? ?, .. 7 rq?1r Deputy SheriCff Sheriff's Costs:$37.25 PD 01/05/2005 RCPT NO 202856 HOPKINS I The Curt of CgmLmen Fleas of Cumberland County, Pennsylvania On Site Energy Company of Central Pennsylvania Gary L. Morton et al SERVE: Gary L. Morton No 04-6501 civil TJow January 4, 2005 1. SHERIFF OF CUMBE,RLANT?t COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Fl Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of the contents thereof. COSTS Sworn. and subscribed before SERVICE me this _ day of .20 4 WdLEAGE AFFIDAVIT 20 , at o'clock M. served the copy of the original County, PA S m (pff ire of the oS4Pri ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania ON SITE ENERGY CO OF CENTRAL PA vs County of Dauphin MORTON GARY L Sheriff's Return No. 0035-T - - -2005 OTHER COUNTY NO. 04 6501 AND NOW:January 18, 2005 NOTICE & COMPLAINT MORTON GARY L at 10:51AM served the within upon by personally handing to JOHN KUNDRAT - ATTORNEY FOR DEFT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 107 BOAS ST HBG, PA 00000-0000 Sworn and subscribed to before me this 19TH day of JANUARY, 2005 . IIGC/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers,o Sheriff of Dauphin County, Pa. By C ` ""? z? 7 Deputy She ff Sheriff's Costs:$37.25 PD 01/05/2005 RCPT NO 202856 HOPKINS ON SITE ENERGY COMPANY OF CENTRAL PENNSYLVANIA, LLC, IN THE COURT OF COMMON I CUMBERLAND COUNTY, PEN OF ANIA Plaintiff V. NO. 2004-6501- Civil GARY L. MORTON, individually and doing business as ASAP RESTORATION SERVICES Defendants CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes Defendant, GARY L. MORTON, individually and doing b iness as ASAP RESORATION SERVICES, by its attorneys, KUNDRAT & ASSOCIATES, an states the following: 1. Denied. After reasonable investigation Defendant is without sufficientl information to determine the truth of this allegation and proof of same is demanded at the time o? trial. 2. Denied. Gary L. Morton does not do business under the fictitious or name ASAP Restoration Services. Additionally Gary L. Morton does not conducu Tsurned ness at 234 Pine View Drive, Palmyra, Pennsylvania, 17078. 3. Denied. After reasonable investigation Defendant is without sufficienN information to determine the truth of this allegation and proof of same is demanded at the time cq trial. COUNTI 4. No response is necessary. 5. Denied. After reasonable investigation Defendant is without sufficiero information to determine the truth of this allegation and proof of same is demanded at the time If trial. 6. Denied. After reasonable investigation Defendant is without sufficiedf information to determine the truth of this allegation and proof of same is demanded at the time of trial. 7. Denied. After reasonable investigation Defendant is without sufficierjk information to determine the truth of this allegation and proof of same is demanded at the time qr trial. 8. Denied. After reasonable investigation Defendant is without sufficient information to determine the truth of this allegation and proof of same is demanded at the time 4 trial. 9. Denied. After reasonable investigation Defendant is without sufficient?information to determine the truth of this allegation and proof of same is demanded at the time o (trial. 10. Admitted that Defendant has failed and refused to pay rental charges voiced to him. To the contrary, no monies are owed by Defendant to Plaintiff. 11. Conclusion of law to which no response is necessary. 12. Denied. After reasonable investigation Defendant is without sufficient Information to determine the truth of this allegation and proof of same is demanded at the time WHEREFORE, Defendant request that requests that judgment be granted against the Plaintiff. COUNT II 13. No response is necessary. 14. Denied. After reasonable investigation Defendant is without to determine the truth of this allegation and proof of same is demanded at the time 15. Denied. After reasonable investigation Defendant is without to determine the truth of this allegation and proof of same is demanded at the time ofl? rial. 16. Denied. After reasonable investigation Defendant is without to determine the truth of this allegation and proof of same is demanded at the time ofb?rial. 17. Denied. After reasonable investigation Defendant is without to determine the truth of this allegation and proof of same is demanded at the time 18. Conclusion of law which no response is necessary. WHEREFORE, Defendant demands judgment against Plaintiff. KUNDRAT & ASSOCIATES By: Jo S. ndrat, Esquire 1 Bo s Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff Date: March 7, 2005 VERIFICATION I, Gary L. Morton, do hereby verify that the facts stated in the foregoing gJnstrument are true and correct to the best of my knowledge, information and belief. I unddrstand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. BY: ry L. Mo Dated: March 7, 2005 n7 CJ '? i4 =. "n ?-c cn . .? , ? ,T" n ? " ?- r N ; ? ( ? ?..'. - Yi - -Yl J ? i _.- . ? ;. t?% K Curtis R. Long Prothonotary (Office of the Vrotbonotarp 11 Renee K. Simpson Cumberrattb Countp Deputy Prothonotary John E. Slike Solicitor e11- (e 561 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573