Common use of LOSS DAMAGE WAIVER Clause in Contracts

LOSS DAMAGE WAIVER. A Loss Damage Waiver shall be presented to the Lessee on the occasion of the Lessee entering into an Equipment Rental Agreement with the Lessor for the first time, which Loss Damage Waiver must either be accepted or declined by the Lessee. Once the Lessee accepts or declines the Loss Damage Waiver upon the first instance of entering into an Equipment Rental Agreement with the Lessor, the option selected by the Lessee shall apply to all subsequent occasions of the Lessee entering into an Equipment Rental Agreement with the Lessor unless the Lessee notifies the Lessor in writing to the contrary. If the Lessee fails to actively accept or decline coverage of the Loss Damage Waiver by indicating its preference in writing, the Lessee shall be deemed to accept the Loss Damage Waiver. The cost to the Lessee of accepting the Loss Damage Waiver is set our therein. If the Lessee accepts the Loss Damage Waiver form (or otherwise as provided by the Lessor), the Lessor will waive its entitlement to claim against the Lessee under paragraphs 18 and 20 of this Agreement for loss of or damage to the Equipment, however, the Lessee shall remain liable for all resulting loss or damage to the Equipment and all expenses of the Lessor pertaining thereto as a result of: a. The Equipment being used for a purpose for which is was not designed; b. Loss, damage or failure of any tires and tubes under any circumstances; c. Normal wear and tear and maintenance; d. Mysterious disappearance or damage which is deemed to occur as a result of theft, vandalism, mischief, conversion or any other malicious act; e. Breach of this Agreement; f. Overloading, exceeding weight capacities, misuse, abuse, negligent operation, damage resulting from striking objects (overhead or otherwise), or from improper transport, or any intentional damage, whether by the Lessee, anyone with the Lessee’s permission or anyone for whom the Lessee is responsible in law including without limitation its employees, representatives and agents; g. Lack of lubrication or other normal servicing of the Equipment as specified on the Equipment’s “daily check label”. h. The use or operation of the Equipment in violation of any law, rule, legislation, statute, regulation, code or any other legal authority; i. Damage to motors, other electrical appliances or devices resulting from artificial currents; j. Failure to follow any instruction or operator’s manual and/or training provided to the Lessee by the Lessor with respect to the Equipment; k. Costs incurred by the Lessor associated with any cleaning time of the Equipment exceeding two (2) hours; l. Any propane tank loss or damage; m. Use of the Equipment by an unqualified operator. The Lessee specifically acknowledges that it shall only allow properly trained operators to use the Equipment at all times; n. The Lessee’s failure to properly secure the Equipment by making access to the Equipment readily available to any unauthorized operator or otherwise not reasonably restricting access to the Equipment.

LOSS DAMAGE WAIVER. A Loss Damage Waiver shall be presented to the Lessee on the occasion NOTE: THIS IS NOT INSURANCE. IF LESSEE ACCEPTS THE LOSS/DAMAGE WAIVER, in consideration of the Lessee entering into an Equipment Rental Agreement with the Lessor for the first time, which Loss Damage Waiver must either be accepted or declined additional charge paid by the Lessee. Once the Lessee accepts or declines the Loss Damage Waiver upon the first instance of entering into an Equipment Rental Agreement with the Lessor, the option selected by the Lessee shall apply to all subsequent occasions of the Lessee entering into an Equipment Rental Agreement with the Lessor unless the Lessee notifies the Lessor in writing to the contrary. If the Lessee fails to actively accept or decline coverage of the Loss Damage Waiver by indicating its preference in writing, the Lessee shall be deemed to accept the Loss Damage Waiver. The cost to the Lessee of accepting the Loss Damage Waiver is set our therein. If the Lessee accepts the Loss Damage Waiver form (or otherwise as provided by the Lessor), the Lessor will waive its entitlement to claim against the Lessee under paragraphs 18 and 20 of this Agreement Lessee's liability for loss of or damage to the Equipment, however, the Lessee shall remain liable for all resulting loss or damage to the Equipment shall be modified only and all expenses strictly as follows: (i) Loss or Damage Resulting from Theft/Vandalism: In the event the loss or damage to the Equipment is caused by theft or vandalism (other than by Lessee), Lessee shall report such loss or damage to Rocrents and the police or other proper authority no later than twenty-four (24) hours after occurrence, and Lessee shall furnish to Rocrents, within ten (10) days of such loss or damage, a copy of the Lessor pertaining thereto written police report or the report of another proper authority regarding such loss or damage. Provided that Lessee reports such loss or damage as provided for herein, and is otherwise in compliance with Section 1(l), above, Rocrents agrees to limit its claim against Lessee to the lesser of: (a) two (2) times the four (4) week rental rate for such Equipment, or (b) the actual out of pocket loss or damage incurred by Rocrents after application of applicable insurance proceeds. (ii) Loss of Damage Not Resulting from Theft/Vandalism: In the event that the loss or damage to the Equipment is not caused by theft or vandalism and is not a result ofof one or more of the causes set forth below, Rocrents shall waive its claim against Lessee for such loss or damage; provided, however, Lessee reports such loss or damage to Rocrents not later than twenty-four (24) hours after the occurrence. Lessee’s liability to Rocrents for loss or damage to the Equipment is NOT waived by Rocrents under any of the following circumstances: a. The Loss or damage from overloading or exceeding the rated capacity of the Equipment being used for a purpose for which is was not designedor other misuses or improper use of the Equipment; b. Loss or damage from the Equipment striking overhead objects; c. Loss or damage associated with the Equipment’s rollover or upset; d. Loss or damage resulting from lack neglect of proper servicing of Equipment, including without limitation, the proper lubrication of the Equipment; e. Loss or damage to the Equipment resulting from any exposure to radioactive, contaminated or other hazardous material; f. Loss, damage damage, or failure of any tires and tubes under any circumstances; c. Normal wear and tear and maintenance; d. Mysterious disappearance g. Loss or damage which is deemed relating to occur as a result of theft, vandalism, mischief, conversion use or any other malicious act; e. Breach of this Agreement; f. Overloading, exceeding weight capacities, misuse, abuse, negligent operation, damage resulting from striking objects (overhead or otherwise), or from improper transport, or any intentional damage, whether by the Lessee, anyone with the Lessee’s permission or anyone for whom the Lessee is responsible in law including without limitation its employees, representatives and agents; g. Lack of lubrication or other normal servicing operation of the Equipment as specified on the Equipment’s “daily check label”.for any illegal purpose, in any illegal manner, or in violation of any law or ordinance; h. The Loss or damage relating to use or operation of the Equipment (i) by any person other than an employee of Lessee who has been property trained to operate the Equipment, or (ii) in violation of the Manufacturer's or operating safety instructions; i. Loss or damage associated with altering the Equipment to be used in a manner in which it was not intended to be used; j. Loss or damage caused by boom or mast damage from overloading or from the collision or striking of other objects when the boom or mast is in motion; k. Loss or damage of any nature to scaffolding; l. Loss or damage during the loading, unloading or transportation of the Equipment; m. Loss or damage caused by dishonesty of Lessee, its employees or persons to whom the Equipment is entrusted; n. Loss or damage caused by third parties or during unauthorized use of the Equipment; o. Loss due to mysterious disappearance of Equipment; and p. Loss or damage related to use of the Equipment in violation of any law, rule, legislation, statute, regulation, code or any other legal authority; i. Damage to motors, other electrical appliances or devices resulting from artificial currents; j. Failure to follow any instruction or operator’s manual and/or training provided to the Lessee by the Lessor with respect to the Equipment; k. Costs incurred by the Lessor associated with any cleaning time of the Equipment exceeding two (2terms of this Rental Agreement. THIS LOSS/DAMAGE WAIVER IS NOT INSURANCE AND DOES NOT PROTECT LESSEE FROM LIABILITY TO OTHERS ARISING OUT OF POSSESSION, USE OR OPERATION OF THE EQUIPMENT. LESSEE HEREBY ACKNOWLEDGES REVIEWING THIS RENTAL AGREEMENT, SPECIFICALLY SECTIONS 2(n) hours; l. Any propane tank loss or damage; m. Use of the Equipment by an unqualified operator. The Lessee specifically acknowledges that it shall only allow properly trained operators to use the Equipment at all times; n. The Lessee’s failure to properly secure the Equipment by making access to the Equipment readily available to any unauthorized operator or otherwise not reasonably restricting access to the Equipmentand 2(o) WITH ITS INSURANCE AGENT.

LOSS DAMAGE WAIVER. A Each Outbound Form shall indicate whether Customer has elected to participate in Lessor’s Loss Damage Waiver “LDW”) program for the Trailer thereunder and agrees to pay the “LDW Fee” and “LDW Deductible” as set forth thereon. The parties hereby agree and acknowledge that the LDW program is not an insurance policy and Lessor is not providing insurance to Customer hereunder. As such, the LDW program does not provide insurance coverage and therefore may be duplicative of coverage under Customer’s existing insurance policies. Customer shall not be presented required to the Lessee on the occasion provide comprehensive insurance coverage for physical damage to any of the Lessee entering into an Equipment Rental Agreement with the Trailers and shall not be liable to Lessor for the first time, which Loss Damage Waiver must either be accepted or declined by the Lessee. Once the Lessee accepts or declines the Loss Damage Waiver upon the first instance of entering into an Equipment Rental Agreement with the Lessor, the option selected by the Lessee shall apply to all subsequent occasions of the Lessee entering into an Equipment Rental Agreement with the Lessor unless the Lessee notifies the Lessor in writing to the contrary. If the Lessee fails to actively accept or decline coverage of the Loss Damage Waiver by indicating its preference in writing, the Lessee shall be deemed to accept the Loss Damage Waiver. The cost to the Lessee of accepting the Loss Damage Waiver is set our therein. If the Lessee accepts the Loss Damage Waiver form (or otherwise as provided by the Lessor), the Lessor will waive its entitlement to claim against the Lessee under paragraphs 18 and 20 of this Agreement for loss of or damage to the Equipment, however, the Lessee shall remain liable for all resulting loss or damage to any Trailer arising from collision and upset and/or the Equipment and all expenses specified perils of fire, lightning, theft, explosion, flood, windstorm, hail, earthquake, or act of God, vandalism, or roof damage in excess of the Lessor pertaining thereto as a result of: a. The Equipment being used for a purpose for which is was not designed; b. LossLDW Deductible per Trailer, damage or failure of any tires and tubes under any circumstances; c. Normal wear and tear and maintenance; d. Mysterious disappearance unless such loss or damage which arises from non-•‐compliance with Customer’s obligations under the Agreement and Customer shall not be required to provide comprehensive insurance coverage for physical damage to any Trailer; provided, however, that the LDW program shall not be applicable to the following: (a) tire and/or wheel theft unless the Trailer is deemed to occur stolen; (b) tire damage unless the tires are damaged as a result of thefta collision; (c) unlawful operations; (d) Trailer upset due to load shift, vandalism, mischief, conversion or any other malicious act; e. Breach of this Agreement; f. Overloading, exceeding weight capacities, misuse, abuse, negligent improper operation, damage resulting from striking objects (overhead or otherwise), or from improper transport, or any intentional damage, whether by the Lessee, anyone with the Lessee’s permission or anyone for whom the Lessee is responsible in law including without limitation its employees, representatives balancing and agents; g. Lack of lubrication or other normal servicing of the Equipment as specified on the Equipment’s “daily check label”. h. The use or operation of the Equipment in violation of any law, rule, legislation, statute, regulation, code or any other legal authority; i. Damage to motors, other electrical appliances or devices resulting from artificial currents; j. Failure to follow any instruction or operator’s manual and/or training provided to the Lessee by the Lessor with respect to the Equipment; k. Costs incurred by the Lessor associated with any cleaning time of the Equipment exceeding two (2) hours; l. Any propane tank loss or damage; m. Use of the Equipment by an unqualified operator. The Lessee specifically acknowledges that it shall only allow properly trained operators to use the Equipment at all times; n. The Lessee’s failure to properly secure the Equipment cargo contents; (e) floor damage resulting from improper loading or unloading of the Trailer and/or forklift usage; (f) damage caused by making access the hauling of hazardous materials or ultrahazardous materials; (g) Trailers sublet without Lessor’s prior written consent, or the transfer or assignment of this Agreement to another party without Lessor’s prior written consent; (h) failure to properly maintain the Trailers during the Rental Term in accordance with the maintenance provisions of the Agreement; (i) unapproved alterations to the Equipment readily available Trailers; (j) use of unauthorized (unlicensed or improperly licensed) drivers; (k) unexplained disappearance; or (l) shortage found upon taking inventory. Lessor’s failure to report any loss or damage to any unauthorized operator Trailer in accordance with Section 10 (Loss) above shall constitute Customer’s breach hereunder and shall void the liability coverage provided under the LDW program. Customer further hereby agrees and acknowledges that, upon fifteen (15) calendar days prior written notice, Lessor has the sole right to (a) cancel Customer’s participation in the LDW program or otherwise not reasonably restricting access (b) increase the LDW rate. Customer shall also have the right to cancel Customer’s participation in the EquipmentLDW program. In the event of any cancellation of Customer’s participation in the LDW program, either by Customer or Lessor, Customer shall, on the effective date of such cancellation, provide collision and comprehensive coverage for physical damage in accordance with Section 9 (Insurance) above.

LOSS DAMAGE WAIVER. A Loss Damage Waiver shall be presented to the Lessee on the occasion of the Lessee entering into an Equipment Rental Agreement with the Lessor for the first time, which Loss Damage Waiver must either be accepted or declined by the Lessee. Once the Lessee accepts or declines the Loss Damage Waiver upon the first instance of entering into an Equipment Rental Agreement with the Lessor, the option selected by the Lessee shall apply to all subsequent occasions of the Lessee entering into an Equipment Rental rental Agreement with the Lessor unless the Lessee notifies the Lessor in writing to the contrary. If the Lessee fails to actively accept or decline coverage of the Loss Damage Waiver by indicating its preference in writing, the Lessee shall be deemed to accept the Loss Damage Waiver. The cost to the Lessee of accepting the Loss Damage Waiver is set our out therein. If the Lessee accepts the Loss Damage Waiver form (or otherwise as provided by the Lessor), the Lessor will waive its entitlement to claim against the Lessee under paragraphs 18 and 20 of this Agreement for loss of or damage to the Equipment, however, the Lessee shall remain liable for all resulting loss or damage to the Equipment and all expenses of the Lessor pertaining thereto as a result of: a. The Equipment being used for a purpose for which is it was not designed; b. Loss, damage or failure of any tires and tubes under any circumstances; c. Normal wear and tear and maintenance; d. Mysterious disappearance or damage which with is deemed to occur as a result of theft, vandalism, mischief, conversion or any other malicious act; e. d. Breach of this Agreement; f. e. Overloading, exceeding weight capacities, misuse, abuse, negligent operation, damage resulting from fro striking objects (overhead or otherwise), ) or from improper transport, or any intentional damage, whether by the Lessee, anyone with the Lessee’s permission or anyone for whom the Lessee is responsible in law including without limitation its employees, representatives representative and agents; g. f. Lack of lubrication or other normal servicing of the Equipment as specified on the Equipment’s “daily check label”.; h. g. The use or operation of the Equipment in violation of any law, rule, legislation, statute, regulation, code or any other legal authority; i. h. Damage to motors, other electrical appliances or devices resulting from artificial currents; j. i. Failure to follow any instruction or operator’s manual and/or any training provided to the Lessee by the Lessor with respect to the Equipment; k. j. Costs incurred by the Lessor associated with any cleaning time of the Equipment exceeding two (2) hours; l. k. Any propane tank loss or damage; m. l. Use of the Equipment by an unqualified operator. The Lessee specifically acknowledges that it shall only allow properly trained operators to use the Equipment at all times; n. m. The Lessee’s failure to properly secure the Equipment by making access to the Equipment readily available to any unauthorized operator or otherwise not reasonably restricting access to the Equipment.