Common use of LOUISIANA INSURANCE Clause in Contracts

LOUISIANA INSURANCE. To the fullest extent permitted by Louisiana, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OT OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – Customer’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these. Customer shall indemnify Company for Company’s own negligence or fault, whether the negligence or fault of the Company is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.

LOUISIANA INSURANCE. To the fullest extent permitted by LouisianaLouisiana law, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God during the rental term and Customer Lessee shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer Lessee and Customer Lessee shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the CompanyLessor’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company Lessor arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OT OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – Customer’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these. Customer shall indemnify Company for Company’s own negligence or fault, whether the negligence or fault of the Company is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and Lessor’s complete scope of work, including all liability of Company arising out of any statuteservices, regulation advice, recommendations, plans or duty imposed by lawspecifications provided; ij) Customer Lessee shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.for

LOUISIANA INSURANCE. To the fullest extent permitted by Louisiana, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of occurring during the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyedterm; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 2033 10 01, CG 20 26 04 13, CG 2038 04 13, CG 25 03 03 97, and or CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer Lessee shall provide punitive damage coverage for CompanyLessor’s benefit on all liability policies, unless prohibited by state law; ji) Customer Lessee shall name Company Lessor as a Primary Loss Payee on all insurance policies, kj) Customer Lessee shall provide all insurance certificates to Company Lessor when requested by Company and prior to start of work by Companyrequested; lk) all of CompanyLessor’s policies, and the policies of anyone Company Lessor is required to insure shall be excess over all of CustomerLessee’s policies; ml) all CustomerLessee’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; nm) all CustomerLessee’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); on) all CustomerLessee’s policies must remove the “employer’s liability exclusion” for all additional insureds; and po) all CustomerXxxxxx’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liabilityIn the event of loss, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase proceeds of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. property damage MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER XXXXXX AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANYXXXXXX, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANYXXXXXX’S AND CUSTOMERLESSEE’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF CUSTOMERLESSEE’S WORK OT OPERATIONSOPERATION OR USE OF THE EQUIPMENT. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – CustomerXxxxxx’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The CustomerLessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of CustomerXxxxxx’s additional obligations hereunder, Customer Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down timetime for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the CompanyLessor, CompanyLessor’s insurance carriers or CompanyLessor’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operationsthe leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these. Customer Lessee shall indemnify Company Lessor for CompanyXxxxxx’s own negligence or fault, whether the negligence or fault of the Company Lessor is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of occurring during the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyedterm; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 2033 10 01, CG 20 26 04 13, CG 2038 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.03

LOUISIANA INSURANCE. To the fullest extent permitted by LouisianaLouisiana law, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God during the rental term and Customer Lessee shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer Lessee and Customer Lessee shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the CompanyLessor’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company Lessor arising out of any statute, regulation or duty imposed by law; i) Customer Additional Insured coverage shall include, but not be limited to, coverage for Lessor’s complete scope of work, including all services, advice, recommendations, plans or specifications provided; j) Lessee shall provide punitive damage coverage for CompanyLessor’s benefit on all liability policies, unless prohibited by state law; jk) Customer Lessee shall name Company Lessor as a Primary Loss Payee on all insurance policies, kl) Customer Lessee shall provide all insurance certificates to Company Lessor when requested by Company Lessor and prior to start of work by CompanyLessor; lm) all of CompanyLessor’s policies, and the policies of anyone Company Lessor is required to insure shall be excess over all of CustomerXxxxxx’s policies; mn) all CustomerLessee’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-non- renewal; no) all CustomerLessee’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OT OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – Customer’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these. Customer shall indemnify Company for Company’s own negligence or fault, whether the negligence or fault of the Company is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.operations

LOUISIANA INSURANCE. To the fullest extent permitted by Louisiana, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of occurring during the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyedterm; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 2033 10 01, CG 20 26 04 13, CG 2038 04 13, CG 25 03 03 97, and or CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer Lessee shall provide punitive damage coverage for CompanyLessor’s benefit on all liability policies, unless prohibited by state law; ji) Customer Lessee shall name Company Lessor as a Primary Loss Payee on all insurance policies, kj) Customer Lessee shall provide all insurance certificates to Company Lessor when requested by Company and prior to start of work by Companyrequested; lk) all of CompanyLessor’s policies, and the policies of anyone Company Lessor is required to insure shall be excess over all of CustomerLessee’s policies; ml) all CustomerLessee’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; nm) all CustomerLessee’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); on) all CustomerLessee’s policies must remove the “employer’s liability exclusion” for all additional insureds; and po) all CustomerXxxxxx’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. CustomerIn the event of loss, proceeds of property damage insurance on the Equipment shall be first made payable to Lessor. Lessee's agreements to indemnify and hold Company Lessor harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer Lessee may perform under this Agreement lease without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the CompanyLessor's right to maintain any breach of contract action against the CustomerLessee. Customer Xxxxxx hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer Lessee understands that this waiver shall bind its insurers of all levels levels, and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreementlease. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER XXXXXX AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANYXXXXXX, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANYXXXXXX’S AND CUSTOMERLESSEE’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF CUSTOMERLESSEE’S WORK OT OPERATIONSOPERATION OR USE OF THE EQUIPMENT. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – CustomerXxxxxx’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The CustomerLessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of CustomerXxxxxx’s additional obligations hereunder, Customer Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down timetime for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the CompanyLessor, CompanyLessor’s insurance carriers or CompanyLessor’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operationsthe leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these. Customer Lessee shall indemnify Company Lessor for CompanyXxxxxx’s own negligence or fault, whether the negligence or fault of the Company Lessor is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of occurring during the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyedterm; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 2033 10 01, CG 20 26 04 13, CG 2038 04 13, CG 25 03 03 97, and or CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer Lessee shall provide punitive damage coverage for CompanyLessor’s benefit on all liability policies, unless prohibited by state law; ji) Customer Lessee shall name Company Lessor as a Primary Loss Payee on all insurance policies, kj) Customer Lessee shall provide all insurance certificates to Company Lessor when requested by Company and prior to start of work by Companyrequested; lk) all of CompanyLessor’s policies, and the policies of anyone Company Lessor is required to insure shall be excess over all of CustomerLessee’s policies; ml) all CustomerLessee’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; nm) all CustomerLessee’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); on) all CustomerLessee’s policies must remove the “employer’s liability exclusion” for all additional insureds; and po) all CustomerLessee’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER XXXXXX AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANYXXXXXX, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANYXXXXXX’S AND CUSTOMERLESSEE’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF CUSTOMERLESSEE’S WORK OPERATION OR OPERATIONSUSE OF THE EQUIPMENT. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – CustomerXxxxxx's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer Lessee shall be required to indemnify Company Lessor for CompanyXxxxxx's own negligence or fault, whether the negligence or fault of the Company Lessor be direct, indirect or derivative in nature. However, the Customer Lessee is not required to indemnify Company Lessor against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the CompanyLessor, or the agents or employees of the CompanyLessor. The CustomerLessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of CustomerXxxxxx’s additional obligations hereunder, Customer Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down timetime for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the CompanyLessor, CompanyLessor’s insurance carriers or CompanyLessor’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operationsthe leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these.. MARYLAND INSURANCE – To the fullest extent permitted by Maryland, the Lessee agrees to purchase, maintain and carry the following insurance coverages prior to the Equipment’s arrival on the job site. The Lessee shall procure the following coverages for Lessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Xxxxxx’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Lessor’s insurance policies; d) inland marine/all-risk and or builder’s

LOUISIANA INSURANCE. To the fullest extent permitted by LouisianaLouisiana law, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerLessee’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God during the rental term and Customer Lessee shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer Lessee and Customer Lessee shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the CompanyLessor’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company Lessor arising out of any statute, regulation or duty imposed by law; i) Customer Additional Insured coverage shall include, but not be limited to, coverage for Lessor’s complete scope of work, including all services, advice, recommendations, plans or specifications provided; j) Lessee shall provide punitive damage coverage for CompanyLessor’s benefit on all liability policies, unless prohibited by state law; jk) Customer Lessee shall name Company Lessor as a Primary Loss Payee on all insurance policies, kl) Customer Lessee shall provide all insurance certificates to Company Lessor when requested by Company Lessor and prior to start of work by CompanyLessor; lm) all of CompanyLessor’s policies, and the policies of anyone Company Lessor is required to insure shall be excess over all of CustomerLessee’s policies; mn) all CustomerLessee’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-non- renewal; no) all CustomerLessee’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); op) all CustomerLessee’s policies must remove the “employer’s liability exclusion” for all additional insuredsinsureds and, additionally, all Lessee’s policies must remove any Professional Services liability exclusion based upon any definition of Professional Services using a definition of having a “license, advanced degree or certification” as part of the definition for Professional Services, and any exclusion that defines Professional Services as Rigging, Lift Director Operations, Signaling Operation, House Moving Operations, Pile Driving Operations, Demolition Operations, Concrete Pump Operations, Pilot Car Operations, Crane Operations or Crane Usage; and pq) all CustomerLessee’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. CustomerIn the event of loss, proceeds of property damage insurance on the Equipment shall be first made payable to Lessor. Lessee's agreements to indemnify and hold Company Lessor harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer Lessee may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the CompanyLessor's right to maintain any breach of contract action against the CustomerLessee. Customer Xxxxxx hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer Lessee understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. LESSOR SHALL BE CERTIFICATE HOLDER, LOSS PAYEE AND ADDITIONAL INSURED. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER XXXXXX AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANYXXXXXX, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANYXXXXXX’S AND CUSTOMERLESSEE’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, INCLUDING THE EQUIPMENT, ARISING IN ANY MANNER OUT OF CUSTOMERLESSEE’S WORK OT OPERATIONSOPERATION OR USE OF THE EQUIPMENT. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, INDEMNITY FOR ANY AND ALL LIABILITY OF LESSOR ARISING OUT OF ANY STATUTE, REGULATION OR DUTY IMPOSED BY LAW. XXXXXX’S OBLIGATION TO INDEMNIFY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, XXXXXX’S COMPLETE SCOPE OF WORK, INCLUDING ALL SERVICES, ADVICE, RECOMMENDATIONS, PLANS AND SPECIFICATIONS PROVIDED. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – CustomerXxxxxx’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The CustomerLessee’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company Lessor shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of CustomerXxxxxx’s additional obligations hereunder, Customer but only to the full extent permitted by law, Lessee shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down timetime for inability to use the Equipment, and costs of testing of property, Equipment, or other items) initiated by the CompanyLessor, CompanyLessor’s insurance carriers or CompanyLessor’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operationsthe leased Equipment, whether or not such accident involves personal injury, death or damage to the leased Equipment or other property or all of these. Customer Lessee shall indemnify Company Lessor for CompanyXxxxxx’s own negligence or fault, whether the negligence or fault of the Company Lessor is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.

LOUISIANA INSURANCE. To the fullest extent permitted by LouisianaLouisiana law, the Customer Lessee agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations the Equipment’s arrival on the job site. The Customer Lessee shall procure the following coverages for CompanyLessor: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and CustomerXxxxxx’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of CompanyLessor’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of the Equipment, including any equipmentboom or jib, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God during the rental term and Customer Lessee shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer Lessee and Customer Xxxxxx shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the CompanyLessor’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the CompanyLessor; f) for all liability insurance policies (including any excess/umbrella policies) Customer Lessee shall name as an additional insured, Company Lessor and CompanyLessor’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company Lessor and anyone whom Company Lessor is required by contract to name as an additional insured; g) Customer Lessee shall use all of the following ISO endorsements to provide additional insured status and coverage to CompanyLessor: CG 2001 04 13, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MAINE INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MAINE LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MAINE LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OT OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MAINE LAW. – – Customer’s duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these. Customer shall indemnify Company for Company’s own negligence or fault, whether the negligence or fault of the Company is direct, indirect or derivative in nature. MAINE INSURANCE – To the fullest extent permitted by Maine, the Customer agrees to purchase, maintain and carry the following insurance coverages prior to Customer beginning Work or Operations on the job site. The Customer shall procure the following coverages for Company: a) worker's compensation and employer's liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; b) primary non-contributory commercial general liability (“CGL”) insurance on an occurrence basis, including bodily injury and property damage coverages with minimum limits of $1,000,000 per occurrence and $2,000,000, in the aggregate; c) excess/umbrella following form non-contributory insurance in the amount of at least $5,000,000 and Customer’s primary and excess/umbrella policies must be endorsed so that they are primary and non-contributory to all of Company’s insurance policies; d) inland marine/all-risk and or builder’s risk which includes an all-risk physical damage insurance, on a primary non-contributory basis, to cover the full insurable value of any equipment, for its loss or damage from any and all causes, including, but not limited to, overloading, misuse, fire, theft, flood, explosion, overturn, accident, and acts of God and Customer shall pay all deductibles and or coinsurance requirements of the inland marine/builders risk policies provided by Customer and Customer shall also provide the greater of 6 months or $500,000.00 rental reimbursement coverage or similar coverages for the Company’s benefit for any loss or if the equipment is damaged, stolen, lost or destroyed; e) all policies are to be written by insurance companies acceptable to the Company; f) for all liability insurance policies (including any excess/umbrella policies) Customer shall name as an additional insured, Company and Company’s officers, directors, shareholders, members, managers, partners and employees, all affiliated partnerships, joint ventures and corporations of Company and anyone whom Company is required by contract to name as an additional insured; g) Customer shall use all of the following ISO endorsements to provide additional insured status and coverage to Company: CG 2001 04 132039 12 19, CG 20 10 10 01, CG 20 37 10 01, CG 20 28 07 04, CG 20 34 03 97, CG 20 26 04 13, CG 25 03 03 97240 12 19, and CG 24 04 05 09; h) Additional Insured coverage shall include, but not be limited to, coverage for any and all liability of Company arising out of any statute, regulation or duty imposed by law; i) Customer shall provide punitive damage coverage for Company’s benefit on all liability policies, unless prohibited by state law; j) Customer shall name Company as a Primary Loss Payee on all insurance policies, k) Customer shall provide all insurance certificates to Company when requested by Company and prior to start of work by Company; l) all of Company’s policies, and the policies of anyone Company is required to insure shall be excess over all of Customer’s policies; m) all Customer’s policies shall be endorsed to require the insurer to give at least thirty (30) days advance notice to all insured’s, including additional insured’s, prior to cancellation or non-renewal; n) all Customer’s policies must remove any exclusion for explosion, collapse and underground operations (XCU); o) all Customer’s policies must remove the “employer’s liability exclusion” for all additional insureds; and p) all Customer’s policies must include coverage for blanket contractual liability for the obligations assumed here-under and also for the liabilities assumed in the Indemnity section above. Customer's agreements to indemnify and hold Company harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance provisions and the purchase of any of the above coverages shall not operate to waive any of the above indemnity provisions. To the extent that the Customer may perform under this Agreement without obtaining the above coverages, such an occurrence shall not operate, in any way, as a waiver of the Company's right to maintain any breach of contract action against the Customer. Customer hereby agrees to waive any and all rights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, commercial general liability policies, or similar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and lien rights. The Customer understands that this waiver shall bind its insurers of all levels and agrees to put these insurers on notice of this waiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement. MARYLAND INDEMNIFICATION AND RELEASE PROVISIONS – – IT IS THE PARTIES INTENT THAT THIS PROVISION IS SPECIFICALLY IN COMPLIANCE WITH ALL MARYLAND LAWS, AND TO THE FULLEST EXTENT PERMITTED BY MARYLAND LAW, CUSTOMER AGREES TO INDEMNIFY, RELEASE, AND SAVE COMPANY, ITS EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS OR LOSS FOR DEATH OR INJURY TO PERSONS INCLUDING COMPANY’S AND CUSTOMER’S EMPLOYEES, OF ALL LOSS, DAMAGE OR INJURY TO PROPERTY, ARISING IN ANY MANNER OUT OF CUSTOMER’S WORK OR OPERATIONS. IT IS THE PARTIES’ INTENT THAT THIS DUTY TO INDEMNIFY IS AS BROAD AS PERMITTED BY MARYLAND LAW. – – Customer's duty to indemnify hereunder shall include all costs or expenses arising out of all claims specified herein, including all court and/or arbitration costs, filing fees, attorneys’ fees and costs of settlement. Customer shall be required to indemnify Company for Company's own negligence or fault, whether the negligence or fault of the Company be direct, indirect or derivative in nature. However, the Customer is not required to indemnify Company against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the Company, or the agents or employees of the Company. The Customer’s obligations hereunder shall further not be limited by the amount of its liability insurance and the purchase of such insurance for Company shall not operate to waive any of the above obligations. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning partial indemnification or procurement of insurance. If this paragraph is declared invalid, then all other paragraphs of this contract shall stand. Furthermore, as part of Customer’s additional obligations hereunder, Customer shall bear the cost of any investigation or adjustment (including but not limited to, attorneys’ fees and costs, private investigator/adjuster fees and costs, expert fees and costs, costs of storage and down time, and costs of testing of property, or other items) initiated by the Company, Company’s insurance carriers or Company’s third party adjusters into any accident of any kind, when such accident, or occurrence happens, involving directly or indirectly Customer’s Work or Operations, whether or not such accident involves personal injury, death or damage to property or all of these.;