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