Common use of Assembly and Disassembly Clause in Contracts

Assembly and Disassembly. The parties agree that any and all Equipment mobilization and/or demobilization costs including but not limited to,assembly, erection, reconfiguration, disassembly or other movement of the Equipment, were quoted by Maxim based on “Standard Activity”. Standard Activity means mobilization and demobilization during the following minimum weather conditions, and otherwise absent a force majeure, (i) ambient temperature in excess of twenty (20) degrees Fahrenheit; (ii) sustained winds (including gusts) less than twenty (20) miles per hour; (iii) no precipitation in the form of snow or ice; or (iv) minor precipitation in the form of rain (less than one (1) inch per twenty-four (24) hour period. Rates for Standard Activity apply eight (8) hours per day Monday through Friday (excluding holidays). Rates for mobilization and/or demobilization which do not fall within Standard Activity (the "Non-Standard Rates") shall be provided to Lessee prior to any such costs being incurred and the parties hereto shall cooperate in good faith to schedule such mobilization and/or demobilization on a cost efficient basis. LESSEE AND MAXIM EACH KNOWINGLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) IN WITH THIS LEASE, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, THE CONDUCT THE PARTIES, OR THE TRANSACTIONS RELATED HERETO.

Assembly and Disassembly. The parties agree that any and all Equipment mobilization and/or demobilization costs including but not limited to,, assembly, erection, reconfiguration, disassembly or other movement of the Equipment, were quoted by Maxim Lessor based on “Standard Activity”. Standard Activity means mobilization and demobilization during the following minimum weather conditions, and otherwise absent a force majeure, (i) ambient temperature in excess of twenty (20) degrees Fahrenheit; (ii) sustained winds (including gusts) less than twenty (20) miles per hour; (iii) no precipitation in the form of snow or ice; or (iv) minor precipitation in the form of rain (less than one (1) inch per twenty-four (24) hour period. Rates for Standard Activity apply eight (8) hours per day Monday through Friday (excluding holidays). Rates for mobilization and/or demobilization which do not fall within Standard Activity (the "Non-Standard Rates") shall be provided to Lessee prior to any such costs being incurred and the parties hereto shall cooperate in good faith to schedule such mobilization and/or demobilization on a cost efficient basis. LESSEE RENTAL EQUIPMENT SERVICE POLICY The United State Department of Labor (“DOL”) and the Occupational Health and Safety Administration (“OSHA”) provide that anyone operating a crane be required to perform a safety check of the equipment prior to each shift of operation. These pre-operational inspections require all fluid levels to be checked prior to each shift of operation and all operational safety equipment to be in operating condition prior to equipment use. Also, OSHA requires written documentation of these and other inspections to remain in compliance with the laws. Xxxxx Xxxxx Works, L.P. (“Maxim”) provides a log book in every crane to assist you in complying with the government regulations. Maxim will track all reported machine malfunctions with the help of your assigned competent equipment operator. Maxim provides annual inspections at no additional charge to help maintain compliance with OSHA laws and regulations. As a customer of Maxim renting equipment on a bare-rental basis, you are responsible for the daily, weekly and monthly inspection, as well as maintenance and repair of the Maxim equipment in your possession. To be in compliance with OSHA regulations, you must perform the following maintenance and operating procedures: • Ensure that the equipment is operated only by competent persons trained to operate the specific make and model of the crane provided. • Coordinate all repairs with the Maxim Service Department to ensure that the equipment is in a safe working condition and complies with OSHA and other state and local regulations. • Complete the DAILY CRANE LOG: Ensure that all operators accurately complete the DAILY CRANE LOG located in the document compartment of the crane. Instructions on completing the DAILY CRANE LOG are located on the inside cover. ENTRIES INTO THE DAILY CRANE LOG ARE MANDATORY AS PRESCRIBED BY OCCUPATIONAL SAFETY AND HEALTH ACT SECTIONS 1910 AND 1926. To help you stay in compliance with the laws: o All deficiencies noted on Forms C4 and C5, maintained on the DAILY CRANE LOG shall be faxed to the MAXIM EACH KNOWINGLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) IN WITH THIS LEASE, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, THE CONDUCT THE PARTIES, OR THE TRANSACTIONS RELATED HERETOService Manager listed below immediately after deficiencies are noted. The Service Manager will track the completion of each repair on a Maxim work-order. The requestor shall be notified when the necessary repairs have been completed.

Assembly and Disassembly. The parties agree that any and all Equipment mobilization and/or demobilization costs including but not limited to,, assembly, erection, reconfiguration, disassembly or other movement of the Equipment, were quoted by Maxim Lessor based on “Standard Activity”. Standard Activity means mobilization and demobilization during the following minimum weather conditions, and otherwise absent a force majeure, (i) ambient temperature in excess of twenty (20) degrees Fahrenheit; (ii) sustained winds (including gusts) less than twenty (20) miles per hour; (iii) no precipitation in the form of snow or ice; or (iv) minor precipitation in the form of rain (less than one (1) inch per twenty-four (24) hour period. Rates for Standard Activity apply eight (8) hours per day Monday through Friday (excluding holidays). Rates for mobilization and/or demobilization which do not fall within Standard Activity (the "Non-Standard Rates") shall be provided to Lessee prior to any such costs being incurred and the parties hereto shall cooperate in good faith to schedule such mobilization and/or demobilization on a cost efficient basis. LESSEE RENTAL EQUIPMENT SERVICE POLICY The United State Department of Labor (“DOL”) and the Occupational Health and Safety Administration (“OSHA”) provide that anyone operating a crane be required to perform a safety check of the equipment prior to each shift of operation. These pre-operational inspections require all fluid levels to be checked prior to each shift of operation and all operational safety equipment to be in operating condition prior to equipment use. Also, OSHA requires written documentation of these and other inspections to remain in compliance with the laws. Xxxxx Xxxxx Works, L.P. (“Maxim”) provides a log book in every crane to assist you in complying with the government regulations. Xxxxx will track all reported machine malfunctions with the help of your assigned competent equipment operator. Xxxxx provides annual inspections at no additional charge to help maintain compliance with OSHA laws and regulations. As a customer of Maxim renting equipment on a bare-rental basis, you are responsible for the daily, weekly and monthly inspection, as well as maintenance and repair of the Maxim equipment in your possession. To be in compliance with OSHA regulations, you must perform the following maintenance and operating procedures: • Ensure that the equipment is operated only by competent persons trained to operate the specific make and model of the crane provided. • Coordinate all repairs with the Maxim Service Department to ensure that the equipment is in a safe working condition and complies with OSHA and other state and local regulations. • Complete the DAILY CRANE LOG: Ensure that all operators accurately complete the DAILY CRANE LOG located in the document compartment of the crane. Instructions on completing the DAILY CRANE LOG are located on the inside cover. ENTRIES INTO THE DAILY CRANE LOG ARE MANDATORY AS PRESCRIBED BY OCCUPATIONAL SAFETY AND HEALTH ACT SECTIONS 1910 AND 1926. To help you stay in compliance with the laws: o All deficiencies noted on Forms C4 and C5, maintained on the DAILY CRANE LOG shall be faxed to the MAXIM EACH KNOWINGLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT OR PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF, ARISING OUT OF, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM (OR AS TO ANY THIRD PARTIES) IN WITH THIS LEASE, ANY OTHER DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, THE CONDUCT THE PARTIES, OR THE TRANSACTIONS RELATED HERETOService Manager listed below immediately after deficiencies are noted. The Service Manager will track the completion of each repair on a Maxim work-order. The requestor shall be notified when the necessary repairs have been completed.