Common use of RISK OF LOSS AND CLAIMS Clause in Contracts

RISK OF LOSS AND CLAIMS. Except for EQUIPMENT received by the Dealer under the Will Call Program, all risk of loss and damage to any PRODUCT purchased by Dealer from the Company that is not borne by the carrier while the PRODUCT is in the possession of the carrier shall be the responsibility of the Company, provided upon delivery Dealer promptly and properly inspects and records any loss of or damage to the PRODUCT. For EQUIPMENT received by Dealer under the Will Call Program, risk of loss will be assumed by Dealer upon the EQUIPMENT being delivered by the Company to the Will Call Provider, or if there is no Will Call Provider, the Dealer will assume the risk of loss when Dealer or Dealers designated carrier receives EQUIPMENT. In accordance with the MANUAL, Dealer shall cooperate with the Company in processing all claims for loss or damage to PRODUCTS. Dealer shall bear all risk of loss or deterioration of, or damage to, PRODUCTS from the time delivery is tendered to Dealer. Dealer shall promptly notify the Company if any new and unused EQUIPMENT is substantially damaged while in Dealers possession. To preserve the quality and value of new EQUIPMENT offered to the public, the Company shall have the option to repair or replace any such EQUIPMENT. Dealer shall assign to the Company Dealer’s rights under any insurance contract related to such EQUIPMENT repaired or replaced by the Company; however, the total cost to repair or replace such EQUIPMENT shall be the sole responsibility of Dealer. In witness whereof, the parties have executed this Amendment as of the 26th day of December, 2006. Titan Machinery, Inc. (Dealer Trade Name) /s/ Xxxxx X. Xxxxx (Authorized Dealer Signature) President (Title) NOTE: IF DEALER IS CORPORATION, ATTACH CERTIFIED COPY OF CORPORATE MINUTES AUTHORIZING EXECUTION. CNH AMERICA LLC December 30, 2006 Regional Sales Director Date AMENDMENT TO DEALER AGREEMENT This is an amendment to the CNH America LLC Dealer Agreement for New Holland brand Agricultural Products dated June 22, 2006 (and amended on June 22, 2006) (the “Agreement”) between CNH America LLC, a Delaware Limited Liability Corporation (“Company”), and TITAN MACHINERY, INC., a (an) Corporation (individual, partnership or (name of state) corporation) ND (doing business as TITAN MACHINERY, INC.) with a principal place of business at 0000 XXXXXXXXX XXXXX, XXXXXXXXX, XX 00000 (“Dealer”).

RISK OF LOSS AND CLAIMS. Except for EQUIPMENT received by the Dealer under the Will Call Program, all risk of loss and damage to any PRODUCT purchased by Dealer from the Company that is not borne by the carrier while the PRODUCT is in the possession of the carrier shall be the responsibility of the Company, provided upon delivery Dealer promptly and properly inspects and records any loss of or damage to the PRODUCT. For EQUIPMENT received by Dealer under the Will Call Program, risk of loss will be assumed by Dealer upon the EQUIPMENT being delivered by the Company to the Will Call Provider, or if there is no Will Call Provider, the Dealer will assume the risk of loss when Dealer or Dealers Dealer’s designated carrier receives EQUIPMENT. In accordance with the MANUAL, Dealer shall cooperate with the Company in processing all claims for loss or damage to PRODUCTS. Dealer shall bear all risk of loss or deterioration of, or damage to, PRODUCTS from the time delivery is tendered to Dealer. Dealer shall promptly notify the Company if any new and unused EQUIPMENT is substantially damaged while in Dealers possession. To preserve the quality and value of new EQUIPMENT offered to the public, the Company shall have the option to repair or replace any such EQUIPMENT. Dealer shall assign to the Company Dealer’s Dealers rights under any insurance contract related to such EQUIPMENT repaired or replaced by the Company; however, the total cost to repair or replace such EQUIPMENT shall be the sole responsibility of Dealer. In witness whereof, the parties have executed this Amendment as of the 26th day of DecemberFebruary, 20062007. Titan MachineryTITAN MACHINERY, Inc. INC. (Dealer Trade Name) /s/ Xxxxx X. Xxxxx (Authorized Dealer Signature) President CEO-Chief Executive Officer (Title) NOTE: IF DEALER IS CORPORATION, ATTACH CERTIFIED COPY OF CORPORATE MINUTES AUTHORIZING EXECUTION. CNH AMERICA LLC December 30, 2006 Regional Sales Director Date AMENDMENT TO DEALER AGREEMENT This is an amendment to the CNH America LLC Dealer Agreement for New Holland brand Agricultural Products dated June 22, 2006 (and amended on June 22, 2006) (the “Agreement”) between CNH America LLC, a Delaware Limited Liability Corporation (“Company”), and TITAN MACHINERY, INC., a (an) Corporation (individual, partnership or (name of state) corporation) ND (doing business as TITAN MACHINERY, INC.) with a principal place of business at 0000 XXXXXXXXX XXXXX, XXXXXXXXX, XX 00000 (“Dealer”).Date

RISK OF LOSS AND CLAIMS. Except for EQUIPMENT received by the Dealer under the Will Call Program, all risk of loss and damage to any PRODUCT purchased by Dealer from the Company that is not borne by the carrier while the PRODUCT is in the possession of the carrier shall be the responsibility of the Company, provided upon delivery Dealer promptly and properly inspects and records any loss of or damage to the PRODUCT. For EQUIPMENT received by Dealer under the Will Call Program, risk of loss will be assumed by Dealer upon the EQUIPMENT being delivered by the Company to the Will Call Provider, or if there is no Will Call Provider, the Dealer will assume the risk of loss when Dealer or Dealers Dealer’s designated carrier receives EQUIPMENT. In accordance with the MANUAL, Dealer shall cooperate with the Company in processing all claims for loss or damage to PRODUCTS. Dealer shall bear all risk of loss or deterioration of, or damage to, PRODUCTS from the time delivery is tendered to Dealer. Dealer shall promptly notify the Company if any new and unused EQUIPMENT is substantially damaged while in Dealers Dealer’s possession. To preserve the quality and value of new EQUIPMENT offered to the public, the Company shall have the option to repair or replace any such EQUIPMENT. Dealer shall assign to the Company Dealer’s Dealers rights under any insurance contract related to such EQUIPMENT repaired or replaced by the Company; however, the total cost to repair or replace such EQUIPMENT shall be the sole responsibility of Dealer. In witness whereof, the parties have executed this Amendment as of the 26th day of DecemberFebruary, 20062007. Titan Machinery, Inc. (Dealer Trade Name) /s/ Xxxxx X. Xxxxx (Authorized Dealer Signature) President CEO-Chief Executive Officer (Title) NOTE: IF DEALER IS CORPORATION, ATTACH CERTIFIED COPY OF CORPORATE MINUTES AUTHORIZING EXECUTION. CNH AMERICA LLC December 30, 2006 Regional Sales Director Date AMENDMENT TO DEALER AGREEMENT This is an amendment to the CNH America LLC Dealer Agreement for New Holland brand Agricultural Products dated June 22, 2006 (and amended on June 22, 2006) (the “Agreement”) between CNH America LLC, a Delaware Limited Liability Corporation (“Company”), and TITAN MACHINERY, INC., a (an) Corporation (individual, partnership or (name of state) corporation) ND (doing business as TITAN MACHINERY, INC.) with a principal place of business at 0000 XXXXXXXXX XXXXX, XXXXXXXXX, XX 00000 (“Dealer”).Date

RISK OF LOSS AND CLAIMS. Except for EQUIPMENT received by the Dealer under the Will Call Program, all risk of loss and damage to any PRODUCT purchased by Dealer from the Company that is not borne by the carrier while the PRODUCT is in the possession of the carrier shall be the responsibility of the Company, provided upon delivery Dealer promptly and properly inspects and records any loss of or damage to the PRODUCT. For EQUIPMENT received by Dealer under the Will Call Program, risk of loss will be assumed by Dealer upon the EQUIPMENT being delivered by the Company to the Will Call Provider, or if there is no Will Call Provider, the Dealer will assume the risk of loss when Dealer or Dealers designated carrier receives EQUIPMENT. In accordance with the MANUAL, Dealer shall cooperate with the Company in processing all claims for loss or damage to PRODUCTS. Dealer shall bear all risk of loss or deterioration of, or damage to, PRODUCTS from the time delivery is tendered to Dealer. Dealer shall promptly notify the Company if any new and unused EQUIPMENT is substantially damaged while in Dealers possession. To preserve the quality and value of new EQUIPMENT offered to the public, the Company shall have the option to repair or replace any such EQUIPMENT. Dealer shall assign to the Company Dealer’s Dealers rights under any insurance contract related to such EQUIPMENT repaired or replaced by the Company; however, the total cost to repair or replace such EQUIPMENT shall be the sole responsibility of Dealer. In witness whereof, the parties have executed this Amendment as of the 26th day of DecemberFebruary, 20062007. Titan Machinery, Inc. TITAN MACHINERY INC. dba XXXXX INTERNATIONAL (Dealer Trade Name) /s/ Xxxxx X. Xxxxx (Authorized Dealer Signature) President CEO-Chief Executive Officer (Title) NOTE: IF DEALER IS CORPORATION, ATTACH CERTIFIED COPY OF CORPORATE MINUTES AUTHORIZING EXECUTION. CNH AMERICA LLC December 30March 5, 2006 2007 Regional Sales Director Date AMENDMENT TO DEALER AGREEMENT This is an amendment to the CNH America LLC Dealer Agreement for New Holland brand Agricultural Products dated June 22, 2006 (and amended on June 22, 2006) (the “Agreement”) between CNH America LLC, a Delaware Limited Liability Corporation (“Company”), and TITAN MACHINERY, INC., a (an) Corporation (individual, partnership or (name of state) corporation) ND (doing business as TITAN MACHINERY, INC.) with a principal place of business at 0000 XXXXXXXXX XXXXX, XXXXXXXXX, XX 00000 (“Dealer”).Date