POWER TECHNIQUE NORTH AMERICA LLC, D/B/A NATIONAL TANK & EQUIPMENT MASTER RENTAL TERMS AND CONDITIONS

1. GENERAL

As used herein, “NTE” means Power Technique North America LLC, d/b/a National Tank & Equipment. “Customer” means the entity renting any equipment (collectively “Equipment”) from NTE. This Master Rental Terms and Conditions Agreement together with the terms contained herein is hereinafter referred to as these “Rental Terms” and shall apply to all orders for Equipment placed by the Customer with NTE during the Term. NTE’S RENTAL OF EQUIPMENT TO CUSTOMER IS EXPRESSLY CONDITIONED ON CUSTOMER’S ASSENT TO THESE RENTAL TERMS. ANY CUSTOMER TERMS OR CONDITIONS WHICH ADD TO, VARY FROM, OR CONFLICT WITH THESE RENTAL TERMS ARE HEREBY EXPRESSLY OBJECTED TO. Any order to rent Equipment from NTE shall constitute Customer’s assent to these Rental Terms, any addendum attached hereto covering specific rental Equipment, and/or any commercial terms contained in NTE’s quotation relating to the Equipment. In the event a separate written agreement covering rental terms and conditions has been negotiated and agreed to in writing by authorized representatives of NTE and Customer and such agreement is applicable to the particular rental, it shall take precedence (to the extent of inconsistencies) and these Rental Terms will be supplemental to such agreement. Quotations may be withdrawn by NTE at any time before receipt of Customer’s acceptance.

2. TERM AND RENTAL PERIOD

(a) The term of this Agreement shall commence on the date listed above and shall continue in effect for 12 months thereafter. These Rental Terms may be renewed for successive 12 month periods upon mutual agreement. Rental rates for the following renewal period shall be subject to mutual agreement.

(b) Unless agreed otherwise in writing, the rental period will begin on the date of pick up by Customer or shipment of the Equipment from NTE’s facility and, unless sooner terminated as provided below, will continue in full force and effect for the minimum rental commitment period identified by NTE in its written quotation or until the Equipment is returned at NTE’s facility during NTE’s normal business hours, whichever occurs later (the “Rental Period”). A daily rental is twenty-four (24) hours. A weekly rental is seven (7) consecutive days. A monthly rental is twenty-eight (28) consecutive days.

(c) If Customer retains possession of the Equipment beyond the expiration or termination of the Rental Period without NTE’s prior written consent, the rental rate during such holdover period shall be one hundred fifty percent (150%) of the then-applicable daily rental rate. Such holdover shall not constitute a renewal or extension of the Rental Period, and NTE may demand the return of the Equipment at any time during the holdover period. All other terms and conditions of these Rental Terms shall remain in full force and effect during any holdover period.

3. DELIVERY AND RETURN OF EQUIPMENT

Unless otherwise agreed in writing, Customer will: (a) be responsible for all freight-related costs in both directions, (b) unload the Equipment from the carrier and install the Equipment, (c) un-install and load the Equipment onto the carrier, and (d) pay any and all applicable governmental fees and other ancillary charges related to transportation/delivery. Unless otherwise agreed in writing, NTE will select the carrier of the Equipment in both directions. Customer must contact NTE to request pick-up/return of the Equipment. In the event Customer returns the Equipment with less fuel than when the Equipment was delivered to Customer, NTE may charge a refueling fee. In the event the Equipment is not returned in a reasonably clean condition, NTE may charge a cleaning fee.

4. FORCE MAJEURE

If NTE is not able to perform or is delayed due to any cause beyond its reasonable control (including but not limited to acts of God, strike or other concerted action of workmen, act or omission of any governmental authority, act of war or terrorism, act of the public enemy, embargo, delays of carriers, or delays by NTE’s usual suppliers), the time of performance will be extended by the amount of time reasonably sufficient to make up for the delay.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NTE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR SERVICES, DOWNTIME COSTS, AND DELAY COSTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. NTE’S LIABILITY TO CUSTOMER UNDER ANY THEORY OF RECOVERY (ARISING FROM OR RELATED TO THE RENTAL, THE EQUIPMENT, THE SERVICE, AND/OR THE CONTRACT, INCLUDING, BUT NOT LIMITED TO, BREACH THEREOF) SHALL BE LIMITED TO THE AMOUNT OF MONEY RECEIVED BY NTE FROM CUSTOMER FOR THE RENTAL OF THE PARTICULAR EQUIPMENT/SERVICE GIVING RISE TO THE CLAIM. For purposes of this Section, the term “NTE” means Power Technique North America LLC, d/b/a National Tank & Equipment, its affiliates, suppliers, and subcontractors, and their respective employees/agents.

6. WARRANTY

Customer acknowledges that rented Equipment is in a USED CONDITION. NTE warrants that Equipment is delivered in a mechanically operable condition, and any services performed by NTE will be performed in a workmanlike manner. If Equipment or services do not meet the above-stated warranties, Customer will promptly during the rental period notify NTE in writing and NTE will, at NTE’s option, replace or repair the defective Equipment and re-perform the defective portion of service. At NTE’s sole discretion, NTE may provide a pro-rata refund in lieu of such repair or replacement or re-performance of service.

THE ABOVE-STATED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (WRITTEN, ORAL, IMPLIED, OR OTHERWISE). ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. Correction of nonconformities as provided above set forth the exclusive remedies with respect to the quality of or any defect in any Equipment or service.

7. CUSTOMER INSURANCE OBLIGATIONS-COMMERCIAL GENERAL LIABILITY INSURANCE, ETC.

Customer shall at all times during the rental period, at its expense, have and maintain: (a) Commercial General Liability insurance in an amount not less than \$2,000,000 each occurrence for bodily injury and property damage; (b) Automobile Liability insurance in an amount of \$2,000,000 combined single limit each occurrence; (c) Worker’s Compensation insurance in accordance with applicable statutory law; (d) Employer’s Liability insurance in an amount not less than \$1,000,000 for bodily injury each accident or disease.

For each insurance policy, the insurer shall be a reputable insurance company and the coverage shall be primary, and non-contributory. In the event of a loss, Customer shall cooperate with NTE and Customer’s insurer in the investigation, prosecution and defense of any claim or suit and shall do nothing to impair or invalidate the applicable coverage. Customer’s insurance obligations do not limit its ultimate liability under these Rental Terms.

8. CUSTOMER INSURANCE OBLIGATIONS – INSURANCE FOR THE EQUIPMENT

In addition to the insurance coverages stated above in Section 7, Customer shall at its expense insure the Equipment throughout the Rental Period with a reputable insurance company in an amount not less than the retail replacement value of the Equipment, which shall be determined by NTE. At the time of rental, Customer must provide to NTE a certificate of insurance evidencing insurance coverage for the Equipment and naming Power Technique North America LLC, d/b/a National Tank & Equipment as a loss payee and/or additional insured on said certificate. The coverage of the insurance shall include losses caused by theft, vandalism, fire, weather, Acts of God, acts or omissions of Customer, its employees or agents or third parties, and other risk of loss customarily insured against in a commercial property loss policy. Coverage shall be primary and non-contributory. In the event of a loss, Customer shall cooperate with NTE and Customer’s insurer in the investigation, prosecution and defense of any claim or suit and shall do nothing to impair or invalidate the applicable coverage. Customer’s insurance obligations do not limit its ultimate liability under these Rental Terms. If Customer fails to provide the above-stated certificate of insurance for the Equipment at the time of rental, Customer will be charged for the Reduced Risk of Equipment Loss Option (“RRELO”) in accordance with Section 9 below.

9. REDUCED RISK OF EQUIPMENT LOSS OPTION (“RRELO”)

IF CUSTOMER FAILS TO PROVIDE THE ABOVE-STATED CERTIFICATE OF INSURANCE FOR THE EQUIPMENT AT THE TIME OF RENTAL, CUSTOMER WILL BE DEEMED TO HAVE ELECTED THE RRELO AND AGREES TO PAY THE ADDITIONAL CHARGES FOR THE RRELO IN ACCORDANCE WITH THIS SECTION. THE RRELO CHARGES WILL BE CHARGED ON THE RENTAL INVOICES. THE TOTAL CHARGES FOR THE RRELO WILL BE EQUAL TO FOURTEEN PERCENT (14%) OF THE TOTAL RENTAL CHARGES. CUSTOMER IS FULLY RESPONSIBLE FOR THE LOSS OF OR DAMAGE TO THE EQUIPMENT SUBJECT TO THE TERMS AND CONDITIONS OF THE RRELO PLAN. For further information on the RRELO plan, please visit nterents.com/nte-rrelo-plan/.

10. CANCELLATION

In the event Customer cancels its order prior to the start of the Rental Period, Customer shall pay NTE a cancellation fee equal to twenty-five percent (25%) of the total quoted rental charges for the applicable Equipment, plus all costs actually incurred by NTE in preparing the Equipment for rental, including transportation, mobilization, and restocking costs. NTE may deduct such amounts from any deposit held pursuant to these Rental Terms.

11. RENTAL RATES; PAYMENT; FEES

The rental rates are indicated by NTE in its written quotation. Unless otherwise agreed to in writing, if NTE provides any service, service charges will apply. Unless otherwise agreed to in writing, the payment terms are Net 30 days after NTE’s invoice date. Amounts past due will bear interest at a monthly rate of 1.5% (18% per annum) or the maximum rate allowed by law, whichever is lower. Customer will pay all costs and expenses, including reasonable attorney’s fees, incurred by NTE in collecting overdue amounts from Customer.

In the event NTE’s Equipment is not allowed into Customer’s site during an agreed time for any reason beyond NTE’s control, Customer shall pay any expenses incurred by NTE for wait time plus five percent (5%). It is expressly agreed that if the rental period exceeds twelve (12) calendar months, the rental rates are subject to a price escalation up to a maximum of 5% over the preceding rental rate, unless otherwise agreed to by the parties. NTE shall provide Customer with thirty (30) days written notice prior to any price escalation, which shall take effect on Customer’s next billing cycle.

NTE may, in its sole discretion, require Customer to pay a security deposit prior to or at the time of rental as a condition of renting the Equipment. The amount of the security deposit shall be determined by NTE and communicated to Customer in NTE’s written quotation. The security deposit shall be held by NTE as security for the faithful performance of Customer’s obligations under these Rental Terms and may be applied by NTE against any amounts owed by Customer, including rental charges, repair costs, cleaning fees, and any other charges or damages. Any remaining balance of the security deposit shall be returned to Customer within thirty (30) days after the Equipment is returned to NTE’s facility and all of Customer’s obligations have been satisfied. The security deposit shall not bear interest.

12. TAXES

Taxes are not included in any price or rate, unless the price or rate specifically lists the tax as a line item. Customer is responsible for all applicable taxes (except any taxes on NTE’s income) and governmental fees. If sales tax, use tax, or other taxes in addition to any listed specifically as part of the stated price or rate are imposed on NTE, Customer agrees to pay them or reimburse NTE.

13. ENVIRONMENTAL FEES

NTE charges an Environmental Fee in connection with rental of certain machines. The Environmental Fee is not collected on behalf of any government agency. The Environmental Fee has been established by NTE to offset its direct and indirect environmental related expenses. The Environmental Fee (if any) shall be charged as follows: (a) Daily rentals: $10 per day (per machine); (b) Weekly rentals: $25 per week (per machine); (c) Monthly rentals: $45 per month (per machine). These fee amounts are subject to change.

14. USE AND MAINTENANCE/ACCESS

Customer will perform routine maintenance on the Equipment in compliance with NTE’s instructions, except for any specific maintenance that NTE has agreed to perform in writing. Without limiting the generality of the foregoing, Customer will, at Customer’s expense, perform daily observations of the oil level, Diesel Exhaust Fluid (“DEF”) level, where applicable, and the fuel level and add oil, DEF and fuel of the specified and approved types as necessary to maintain the oil, DEF and fuel levels within the proper ranges. Additional maintenance related Customer responsibilities are set forth in NTE’s written quotation. Unless expressly agreed otherwise by NTE, Customer may not perform Equipment repairs. Customer shall at all times use, install, store, operate, and maintain the Equipment in strict compliance with all applicable federal, state, and local laws, regulations, and ordinances, including all applicable environmental, health, and safety requirements. Only properly trained authorized individuals, who are not under the influence of drugs or alcohol or otherwise impaired, may use, operate, and maintain the Equipment. Should the Equipment become unsafe, malfunction, or require repair, Customer must immediately cease the use and notify NTE. Customer shall provide NTE necessary access to the Equipment to perform required maintenance and/or to swap out the Equipment for proscribed service. IN THE EVENT CUSTOMER FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, CUSTOMER AGREES TO INDEMNIFY AND HOLD NTE HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, EXPENSES, AND DAMAGES ARISING FROM THE FAILURE AND TO REIMBURSE NTE FOR ANY COSTS INCURRED TO REMEDY THE CONSEQUENCES OF SUCH FAILURE.

15. SITE SAFETY

NTE and Customer acknowledge that if NTE will be on Customer’s site, each party will comply with all applicable Federal, State, and local health or safety laws and regulations. If Customer requests that NTE comply with Customer’s on-site health/safety programs or procedures, NTE will comply with those safety programs or procedures that have been provided in advance with reasonable opportunity to review to the extent applicable to the scope of service. Neither party’s safety-related obligations nor responsibilities under any law or regulation (including OSHA) will be transferred, in whole or in part, to the other party.

16. OWNERSHIP OF EQUIPMENT

Customer acknowledges that the Equipment is the property of NTE. Customer may not sub-rent, loan, assign, alter, or dispose of the Equipment. Customer may not tamper with, cover, remove, or deface any serial number, plate or marking (including but not limited to any NTE logo) on the Equipment. The Equipment is, and will at all times remain, personal property regardless of its use or manner of attachment to any personal or real property. Customer will keep the Equipment free and clear of all liens, levies, and encumbrances. NTE may, upon reasonable notice, inspect the Equipment during regular business hours.

NTE reserves the right, at any time during the Rental Period, to substitute the Equipment with equipment of equal or greater specifications and capability. In the event of such substitution, NTE shall provide Customer with reasonable advance notice and shall coordinate the substitution to minimize disruption to Customer’s operations. No substitution shall alter or affect any other terms or conditions of these Rental Terms.

17. REMOTE MONITORING

NTE may install remote data monitoring devices for the Equipment, and/or use the Equipment’s existing remote data monitoring devices (if any). NTE (and/or certain authorized NTE contractors) may at any time (but shall not be obligated to) monitor, access, view, and/or use the data for the purposes of monitoring the location of the Equipment, helping determine the condition and status of the Equipment, helping service scheduling, and/or potentially increasing overall customer service. NTE shall use commercially reasonable efforts to prevent unauthorized disclosure of the data. Customer acknowledges and consents to NTE’s collection, storage, and use of data obtained through remote monitoring for the purposes described in this Section. NTE shall own all data collected through remote monitoring of the Equipment, and Customer shall have no right, title, or interest in such data. NTE shall retain such data only for as long as reasonably necessary for the purposes described herein or as required by applicable law. NTE reserves the right to terminate, suspend, and/or modify the remote monitoring at any time in whole or in part. Any remote monitoring is provided “AS IS” and “AS AVAILABLE”, with no warranty of any kind. NTE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, AND OTHERWISE) RELATING TO REMOTE MONITORING, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. Without limiting the generality of the foregoing, NTE hereby expressly disclaims all warranties regarding the reliability, accuracy, functionality, completeness, up-time, security, timeliness, and/or performance including but not limited with respect to any remote monitoring and/or or any related software, hardware, technology, data, transmission, network, and application.

18. RISK OF LOSS

Customer is responsible for all risk of loss to the Equipment during the Rental Period. Customer is solely responsible for and agrees to pay NTE the full replacement value for replacing and/or repairing damage to the Equipment from any cause whatsoever, and further agrees to pay NTE all expenses for loss of use (calculated at the relevant rental rate), claim administration fees, diminishment in value, towing, storage, or impound fees, and costs incurred by NTE to recover the Equipment and establish damages, regardless of fault or negligence of the Customer or any person, and regardless if damages are the result of an Act of God. Notwithstanding the foregoing, the Customer is not responsible for damage or loss to the Equipment to the extent that the same is caused by (a) a latent defect in the Equipment, (b) failure of NTE to properly perform its agreed-upon maintenance on the Equipment, or (c) any act or omission of NTE. In the alternative, Customer may elect the RRELO by electing the benefit provided in Section 9 (RRELO), in writing, at the time of entering into this rental agreement.

19. NOTICE OF DAMAGE, LOSS OR ACCIDENT

Accidents, loss, theft, damage or failure of the Equipment must be reported immediately by telephone and within 24 hours in writing to the NTE facility where the Equipment was rented and to the public authorities (where required by law or by NTE). Customer and its employees or agents must provide NTE and the public authorities with complete information and assistance in the investigation and prosecution of any matter arising from the accident, loss, theft or damage, including the immediate delivery of every process, pleading or paper relating to any claims, suits and proceedings, and must cooperate with NTE in all manners connected with any claims or suits.

20. LOCATION OF THE EQUIPMENT

Customer may not move the Equipment from Customer’s address or location indicated in the rental agreement without prior written notice to NTE. In no event may Customer move the Equipment outside the United States. Customer shall comply with all applicable export control and sanctions laws and regulations, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control, and shall not export, re-export, or transfer the Equipment or any related technical data in violation of such laws and regulations.

21. DEFAULT

Customer will be in default if Customer: (a) fails to pay any rent when due, (b) breaches any material term of these Rental Terms, (c) becomes insolvent or ceases doing business or is designated as the debtor in a petition for bankruptcy filed by or against Customer, or (d) defaults on any other agreement with NTE. In the event of Customer’s default, NTE may peaceably enter Customer’s premises without legal process or liability to render the Equipment inoperable or remove the Equipment. NTE may also terminate the rental agreement without notice to Customer and without prejudice to any other claims NTE might have against Customer, and Customer will remain liable for any loss or damage to the Equipment notwithstanding the termination. Customer agrees to pay NTE all monies due for the remainder of the rental term as liquidated damages and not as a penalty. The parties acknowledge and agree that such liquidated damages represent a reasonable estimate of NTE’s actual damages resulting from Customer’s default, which damages would otherwise be difficult to calculate with certainty. NTE shall have no obligation to mitigate its damages by re-renting the Equipment. NTE’s remedies provided herein are not exclusive, but are cumulative to all other remedies existing by law and/or in equity.

22. INTELLECTUAL PROPERTY

No patents, copyrights, trademarks, or other intellectual property is being sold, assigned, or otherwise transferred to Customer. No drawings, designs, specifications, or anything else provided by NTE will be deemed to be “work made for hire” as that term is used under the U.S. Copyright Act.

23. CONFIDENTIALITY

In connection with the rental and/or performance hereunder, NTE and Customer (as to information disclosed, the “Disclosing Party”) may each disclose Confidential Information to the other party hereto (the “Receiving Party”). “Confidential Information” shall mean all information related to the business, products, or services of the Disclosing Party that is not generally known to the public, provided that the obligations of this paragraph shall not apply as to any portion of the Confidential Information which: (a) is or becomes generally available to the public other than as a result of disclosure by the Receiving Party, its representatives or its affiliates, or (b) has been or is subsequently independently developed by the Receiving Party, its representatives or affiliates, without reference to the Confidential Information, or (c) is required to be disclosed by law or valid legal process provided that the Receiving Party who intends to make such disclosure shall promptly notify the Disclosing Party in advance of such disclosure and reasonably cooperate in attempts to maintain the confidentiality of the Confidential Information. The Receiving Party agrees, except as otherwise required by law: (a) to use the Confidential Information only as authorized in these Rental Terms or as otherwise authorized in writing by the Disclosing Party to the Receiving Party, and (b) to take reasonable measures to prevent disclosure of the Confidential Information. Upon the Disclosing Party’s request, the Receiving Party shall destroy or return to the Disclosing Party all copies of Confidential Information. If either party or any of their respective affiliates or representatives is required or requested by subpoena, interrogatories, or similar legal process to disclose any Confidential Information, such party agrees to provide the Disclosing Party with prompt written notice of such request, so that the Disclosing Party may seek an appropriate protective order or waive compliance by the Receiving Party with the provisions herein. This Section 23 survives any expiration/termination of the contract.

24. INDEMNITY

Customer shall indemnify, defend and hold NTE harmless against all claims, losses, damages, actions, fines, penalties, costs, expenses and liabilities of any nature whatsoever, including but not limited to negligence, bodily injury, death, tort and strict liability, including attorney’s fees, arising out of, relating to, or resulting from the Customer’s use, operation and/or transportation of the Equipment or arising out of or in connection with the negligence or willful misconduct by Customer during the Rental Period, except to the extent caused by the NTE’s gross negligence or willful misconduct. Customer’s obligations contained in this Section shall not be limited by any insurance required of Customer.

25. MISCELLANEOUS

25.1. THESE RENTAL TERMS CONTAIN THE ENTIRE AGREEMENT BETWEEN NTE AND CUSTOMER WITH RESPECT TO THE TERMS AND CONDITIONS, AND SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS NEGOTIATIONS, COMMUNICATIONS, AND ORAL OR WRITTEN STATEMENTS REGARDING THIS SUBJECT MATTER.

25.2. This agreement cannot be superseded, amended, or modified except by an agreement signed by representatives of each party. In no event will any Customer-issued boilerplate/pre-printed purchase order or document be considered a negotiated agreement regardless of whether it is signed by NTE.

25.3. Neither party may assign or transfer the rental agreement in whole or in part without the prior written consent of the other party (which consent shall not be unreasonably withheld); any purported assignment in violation of this sentence will be void. Irrespective of the foregoing, NTE may, without consent, assign the rental agreement to any of its affiliates and may use sub-contractors.

25.4. The provisions of these Rental Terms are severable and the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. In addition, if any provision of these Rental Terms (or portion thereof) is determined by a court to be unenforceable as drafted, the parties acknowledge that it is their intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law.

25.5. Neither party’s failure to enforce, nor its waiver of a breach of, any provision contained in these Rental Terms shall constitute a waiver of any other breach or of such provision.

25.6. All headings, captions and numbering in these Rental Terms are for convenience of reference only and shall not be used to interpret any meaning of any terms or condition.

25.7. The validity, performance, and all other matters relating to the interpretation and effect of these Rental Terms or the Agreement will be governed by the laws of the U.S. State in which NTE’s applicable rental facility is located (without regard to any conflict of laws principles). The parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in the county and state in which NTE’s applicable rental facility is located for any action or proceeding arising out of or relating to these Rental Terms, and each party waives any objection to such jurisdiction and venue, including on the basis of inconvenient forum.

25.8. The parties are independent contractors under this agreement and no other relationship is intended including, without limitation, any partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or any other special relationship.

25.9. All rights and obligations contained in these Rental Terms, which by their nature or effect are required or intended to be kept, observed, or performed after the termination or expiration of the order/contract will survive and remain binding upon and for the benefit of the parties, their successors, and permitted assigns.

25.10. The parties expressly, voluntarily, and unequivocally waive any right they may have to a jury trial and agree that all disputes, claims, and counterclaims relating to or arising from these Rental Terms shall be litigated or otherwise resolved without a jury.

25.11. Customer shall reimburse NTE for all charges, costs, expenses and attorneys’ fees incurred by NTE: (a) in defending or protecting its interests in the Equipment; (b) in the execution, delivery, administration, amendment and enforcement of these Rental Terms or the collection of any installment of rent under these Rental Terms; and (c) in any lawsuit or other legal proceeding to which these Rental Terms gives rise, including, but not limited to, actions in tort.

25.12. All notices required or permitted under these Rental Terms shall be in writing and shall be deemed effectively given: (a) upon personal delivery; (b) upon confirmed transmission by email; (c) one (1) business day after deposit with a nationally recognized overnight courier service; or (d) three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices shall be sent to the addresses set forth in the rental agreement or to such other address as either party may designate by written notice to the other party.

25.13. These Rental Terms and any rental agreement governed hereby may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures, including signatures transmitted by email or other electronic means, shall be deemed original signatures for all purposes.