Common use of LOANS OF EQUIPMENT Clause in Contracts

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment such as construction equipment, vehicles, tools, pumps, motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be the Lender’s actual costs or the Lender’s costs based on current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the Lender. Equipment loans are subject to the following conditions: A. At the option of the Lender, equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general condition. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request from the Lender for the return of the equipment. When requested to return equipment to the Lender, the Borrower shall make every effort to return the equipment to the Lender within 24 hours of the request. In all cases, the Borrower shall notify the Lender when the Lender’s equipment is released. E. Lender’s costs related to the transportation, handling, and loading/unloading of equipment shall be chargeable to the Borrower. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. Without prejudice to a Lender’s right to indemnification under Article XIV, in the event loaned equipment is lost or damaged while in the custody and/or use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall reimburse the Lender for the reasonable cost of replacing or repairing said equipment. If the damaged equipment cannot be repaired within a time period specified by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower shall not be liable for damage caused by the sole negligence of the Lender’s operators.

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment such as construction equipment, vehicles, tools, pumps, motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be the Lender’s actual costs or the Lender’s costs based on current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the LenderMember. Equipment and tool loans are subject to the following conditions: A. Assets and equipment of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. B. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII 8 for terms and conditions applicable to use of borrowed personnel. B. Each Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general condition. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request notice from the Lender for the return of the equipment. When requested notified to return equipment to the a Lender, the Borrower shall make every effort to return the equipment to the Lender Lender’s possession within 24 hours of the requestfollowing notification. D. Borrower shall, at its own expense, provide consumable supplies needed to operate equipment unless mutually agreed upon otherwise. In all cases, the The Borrower shall notify the Lender when the take proper precaution in its operation, storage and maintenance of Lender’s equipment. Members are responsible to ensure that Equipment shall be used only by properly trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is releasedprovided “as is”, with no representations or warranties as to its fitness for particular purpose. E. Lender’s costs cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to borne by the BorrowerBorrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. Without prejudice to a Lender’s right to indemnification under Article XIV12, in the event loaned equipment is lost or damaged while being dispatched to Borrower, or while in the custody and/or and use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall reimburse the Lender for the reasonable cost of replacing or repairing said damaged equipment. If the damaged equipment cannot be repaired within a time period specified indicated by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which that is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties Members to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower No Member shall not be liable for damage caused by the sole negligence of the Lenderanother Member’s operatorsoperator(s).

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment such as construction equipment, vehicles, tools, pumps, motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be the Lender’s actual costs or the Lender’s costs based on current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the LenderMember. Equipment and tool loans are subject to the following conditions: A. Assets and equipment of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. B. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII 8 for terms and conditions applicable to use of borrowed personnel. B. Each Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general condition. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request notice from the Lender for the return of the equipment. When requested notified to return equipment to the a Lender, the Borrower shall make every effort to return the equipment to the Lender Lender’s possession within 24 hours of the requestfollowing notification. D. Borrower shall, at its own expense, provide consumable supplies needed to operate equipment unless mutually agreed upon otherwise. In all cases, the The Borrower shall notify the Lender when the take proper precaution in its operation, storage and maintenance of Lender’s equipment. Members are responsible to ensure that Equipment shall be used only by properly trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is releasedprovided “as is”, with no representations or warranties as to its fitness for particular purpose. E. LenderXxxxxx’s costs cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to borne by the BorrowerBorrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. Without prejudice to a LenderXxxxxx’s right to indemnification under Article XIV12, in the event loaned equipment is lost or damaged while being dispatched to Borrower, or while in the custody and/or and use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall reimburse the Lender for the reasonable cost of replacing or repairing said damaged equipment. If the damaged equipment cannot be repaired within a time period specified indicated by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which that is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties Members to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower No Member shall not be liable for damage caused by the sole negligence of the Lenderanother Member’s operatorsoperator(s).

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment such as construction equipment, vehicles, tools, pumps, motors, etc., may be made available upon request of a Party CountyParticipant. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be the Lender’s actual costs or the Lender’s costs based on current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Participant Emergency Program Assistance Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the Lender. Equipment loans are subject to the following conditions: A. At the option of the Lender, equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general condition. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request from the Lender for the return of the equipment. When requested to return equipment to the Lender, the Borrower shall make every effort to return the equipment to the Lender within 24 hours of the request. In all cases, the Borrower shall notify the Lender when the Lender’s equipment is released. E. Lender’s costs related to the transportation, handling, and loading/unloading of equipment shall be chargeable to the Borrower. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. Without prejudice to a Lender’s right to indemnification under Article XIV, in the event loaned equipment is lost or damaged while in the custody and/or use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall reimburse the Lender for the reasonable cost of replacing or repairing said equipment. If the damaged equipment cannot be repaired within a time period specified by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower shall not be liable for damage caused by the sole negligence of the Lender’s operators.

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment such as construction equipment, vehicles, tools, pumps, motors, etc., may be made available upon request of a Party CountyParticipating District. The first twelve eight (12) 8) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for after which use of equipment equipment, including construction equipment, vehicles, tools, pumps and motors, shall be at the Lender’s actual costs or the Lender’s costs based on their current equipment rates. If rate; or if no written rates have been established, the cost to the Borrower shall be based on at the hourly operating costs set forth in an industry standard publication as selected by the Party County Directors of Emergency Program ManagersManagement, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower Equipment and the Lender. Equipment tool loans are subject to the following conditions: A. 1. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each 2. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written notice from the Lender for the return of the equipment. When notified to return equipment to a Lender, the Borrower shall endeavor make every effort to provide return the equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general conditionthe Lender’s possession within twenty-four (24) hours following notification. C. Each 3. Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the its operation, storage and maintenance of the Lender’s equipment. Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is”, with no representations or warranties as to its fitness for particular purpose, or general condition. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request from the Lender for the return of the equipment4. When requested to return equipment to the Lender, the Borrower shall make every effort to return the equipment to the Lender within 24 hours of the request. In all cases, the Borrower shall notify the Lender when the Lender’s equipment is released. E. Lender’s costs related to the transportation, handling, and loading/unloading of equipment shall be chargeable to the Borrower. Lender shall provide copies of invoices for such these charges where when provided by outside sources and shall provide hourly accounting of charges for the LenderXxxxxx’s employees who perform such these services. F. 5. Without prejudice to a LenderXxxxxx’s right to indemnification under Article XIV, in the event loaned equipment is lost or damaged while in the custody and/or use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower Xxxxxxxx shall reimburse the Lender for the reasonable cost of replacing or repairing said the damaged equipment. If the damaged equipment cannot be repaired within a time period specified indicated by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such damaged equipment with equipment which is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower shall not be liable for damage caused by the sole negligence of the LenderXxxxxx’s operatorsOperators.

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment may be made available upon request of a Member. Unless mutually agreed upon otherwise, the first eight (8) hours of use shall be without cost to the Borrower, after which use of equipment, such as construction equipment, vehicles, tools, pumps, pumps and motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be at the Lender’s actual costs cost or the Lender’s costs based on at their current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the Lenderrate. Equipment and tool loans are subject to the following conditions: A. a. Assets and equipment of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. b. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each c. Loaned equipment shall be returned to the Lender upon as soon as reasonably possible after Borrower’s emergency or training needs end, or immediately upon the Borrower’s receipt of an oral or written notice from the Lender for the return of the equipment. When notified to return equipment to a Lender, the Borrower shall make every effort to return the equipment to the Lender’s possession within twenty-four (24) hours following notification, and in good operating condition. d. Borrower shall, at its own expense, provide any consumable supplies needed to operate equipment unless mutually agreed upon otherwise. The Borrower shall take proper precaution in its operation, storage and maintenance of Lender’s equipment. Members are responsible to ensure that equipment shall be used only by properly trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general conditionpurpose. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the e. Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request from the Lender for the return of the equipment. When requested to return equipment to the Lender, the Borrower shall make every effort to return the equipment to the Lender within 24 hours of the request. In all cases, the Borrower shall notify the Lender when the Lender’s equipment is released. E. Lender’s costs cost related to the transportation, handling, and loading/unloading of equipment equipment, even within the initial eight (8) hour period, shall be chargeable to borne by the BorrowerBorrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. f. Without prejudice to effecting a Lender’s right to indemnification under Article XIVas provided in this Agreement and even within the initial eight (8) hour period, in the event loaned equipment is lost or damaged while in the custody and/or and use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall promptly reimburse the Lender for the reasonable cost of repairing or replacing or repairing (as the case may be) said damaged equipment. If the damaged equipment cannot be repaired or replaced within a reasonable time period specified by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which that is of equal condition condition, quality, kind, and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of replacement equipment for that which was loaned while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties Members to this Omnibus Agreement who may be responsible in whole or in part for damage to to, or loss of the equipment. The Borrower shall not be liable for damage or loss caused by the sole negligence of the Lender’s operatorsoperator(s).

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment may be made available upon request of a Member. Unless mutually agreed upon otherwise, the first eight (8) hours of use shall be without cost to the Borrower, after which use of equipment, such as construction equipment, vehicles, tools, pumps, pumps and motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be at the Lender’s actual costs or the Lender’s costs based on cost, their current equipment rates. If rate, or if no written rates have been established, the cost to the Borrower shall be based on at the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, Designated Representative (or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the Lendertheir equivalent). Equipment and tool loans are subject to the following conditions: A. Assets and equipment of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. B. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general condition. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request notice from the Lender for the return of the equipment. When requested notified to return equipment to the a Lender, the Borrower shall make every effort to return the equipment to the Lender Lender’s possession within 24 hours of the requestfollowing notification. D. Borrower shall, at its own expense, provide consumable supplies needed to operate equipment unless mutually agreed upon otherwise. In all cases, the The Borrower shall notify the Lender when the take proper precaution in its operation, storage and maintenance of Lender’s equipment. Members are responsible to ensure that Equipment shall be used only by properly trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is releasedprovided “as is”, with no representations or warranties as to its fitness for particular purpose. E. LenderX. Xxxxxx’s costs cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to borne by the BorrowerBorrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the LenderXxxxxx’s employees who perform such services. F. Without prejudice to a LenderXxxxxx’s right to indemnification under Article XIV, in the event loaned equipment is lost or damaged while being dispatched to Borrower, or while in the custody and/or and use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower Xxxxxxxx shall reimburse the Lender for the reasonable cost of replacing or repairing said damaged equipment. If the damaged equipment cannot be repaired within a time period specified indicated by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which that is of equal condition condition, quality, kind, and capability. Any determinations of what constitutes “equal condition condition, quality, kind and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of equipment while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties Members to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. The Borrower shall not be liable for damage caused by This seems to conflict with the sole negligence of the Lender’s operatorsindemnification provision.]

LOANS OF EQUIPMENT. At the sole discretion of the Lender, equipment may be made available upon request of a Member. Unless mutually agreed upon otherwise, the first eight (8) hours of use shall be without cost to the Borrower, after which use of equipment, such as construction equipment, vehicles, tools, pumps, pumps and motors, etc., may be made available upon request of a Party County. The first twelve (12) hours of use will be without cost to the Borrower. After the first twelve (12) hours, the cost to the Borrower for use of equipment shall be at the Lender’s actual costs cost or the Lender’s costs based on at their current equipment rates. If no written rates have been established, the cost to the Borrower shall be based on the hourly operating costs set forth in an industry standard publication as selected by the Party County Emergency Program Managers, or as mutually agreed between the Borrower and Lender. For this Omnibus Agreement, equipment use begins at a time mutually agreed to by the Borrower and the Lenderrate. Equipment and tool loans are subject to the following conditions: A. a. Assets and equipment of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. b. At the option of the Lender, loaned equipment may be loaned with an operator. See Article XII for terms and conditions applicable to use of borrowed personnel. B. Each c. Loaned equipment shall be returned to the Lender as soon as reasonably possible after Borrower’s emergency or training needs end, or immediately upon the Borrower’s receipt of an oral or written notice from the Lender for the return of the equipment. When notified to return equipment to a Lender, the Borrower shall make every effort to return the equipment to the Lender’s possession within twenty-four (24) hours following notification, and in good operating condition. d. Borrower shall, at its own expense, provide any consumable supplies needed to operate equipment unless mutually agreed upon otherwise. The Borrower shall take proper precaution in its operation, storage and maintenance of Lender’s equipment. Members are responsible to ensure that equipment shall be used only by properly trained and supervised operators. Lender shall endeavor to provide equipment in good working order. All equipment is provided “as is,” with no representations or warranties as to its fitness for a particular purpose or its general conditionpurpose. C. Each Borrower shall, at its own expense, supply all fuel, lubrication and necessary maintenance for loaned equipment. The Borrower will take proper precaution in the operation, storage and maintenance of the e. Lender’s equipment. D. Loaned equipment shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower’s receipt of an oral or written request from the Lender for the return of the equipment. When requested to return equipment to the Lender, the Borrower shall make every effort to return the equipment to the Lender within 24 hours of the request. In all cases, the Borrower shall notify the Lender when the Lender’s equipment is released. E. Lender’s costs cost related to the transportation, handling, and loading/unloading of equipment equipment, even within the initial eight (8) hour period, shall be chargeable to borne by the BorrowerBorrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Lender’s employees who perform such services. F. f. Without prejudice to effecting a Lender’s right to indemnification under Article XIVas provided in this Agreement and even within the initial eight (8) hour period, in the event loaned equipment is lost or damaged while in the custody and/or and use of the Borrower, or while being returned by the Borrower to the Lender, the Borrower shall promptly reimburse the Lender for the reasonable cost of repairing or replacing or repairing (as the case may be) said damaged equipment. If the damaged equipment cannot be repaired or replaced within a reasonable time period specified by the Lender, then the Borrower shall reimburse the Lender for the cost of replacing such equipment with equipment which that is of equal condition condition, quality, kind, and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of the Lender. If the Lender must lease or rent a piece of replacement equipment for that which was loaned while its the Lender’s equipment is being repaired or replaced, the Borrower shall reimburse the Lender for such costs. The Borrower shall have the right of subrogation for all claims against persons other than parties Members to this Omnibus Agreement who may be responsible in whole or in part for damage to to, or loss of the equipment. The Borrower shall not be liable for damage or loss caused by the sole negligence of the Lender’s operatorsoperator(s).