Terms and Conditions

BINS BY THE BAY, LLC

EQUIPMENT LEASE AGREEMENT

THIS AGREEMENT made by and between Bins By The Bay, LLC whose address is 214 Magnolia Avenue, Satsuma, Alabama 36572 (herein “Lessor”), and (herein “Lessee”).

For and in consideration of the rent to be paid and the mutualcovenants contained herein Lessor and Lessee agree as follows:

1.(a) Lessee. Lessee agrees to rent a 16 yard bin at a rental rate of $200.00 for two (2) days, $250.00; for one (1) week (7 calendar days); $295.00 for two (2) weeks (14) calendar days; or $375.00 for one (1) month (30) calendar days. Lessee chooses the ____ day option for a 16 yard bin at the rental rate of

(b) Lessee agrees to rent a 25 yard bin at a rental rate of $250.00 for two (2) days; $300.00 for one (1) week (7 calendar days); $345.00 for two weeks (14 calendar days); $425 .00 for one (1) month (30 calendar days). Lessee chooses the ____ day option for a 25 yard bin at a rental rate of $_____.

Trenchers and stump grinders rental rates are attached hereto as Exhibit ___ and incorporated by reference as fully as though set out herein.

(c) All flat rates are applicable unless otherwise specified. Delivery and pickup are included in the rental rate unless noted otherwise.

(d)Lessee may extend for extra days of a rental which will be allowed at the rate of $25.00 per day.

2.Terms of Use: (a) Seven thousand lbs. is included in the rental fee, however, if the weight limit is exceeded there will be an additional charge of $35.00 for every thousand lbs. over the seven thousand lbs. weight limit. The bin/dumpster may not be filled over the top rim. Any materials over the top rim of the bin/dumpster will be taken out and left as Lessee’s site.

(b) Lessee may not dump oil, oil filters, gasoline, lead or acid batteries, antifreeze, propane tanks, tires, flammable liquids, solvents, glue, chemicals, paint, paint cans, aerosol sprays, or hazardous materials as that term is defined by applicable federal, state agency environmental laws, ordinances, or regulations.

(c) Customer Warrants: that any access/location provided for Lessor’s equipment is sufficient to bare the weight of all equipment and vehicles requested to perform the delivery, storage of rental equipment and pick up of the rented equipment.

(d) Limitations of Liability: Lessor shall not be responsible for any damage to pavement, driveway, roads, lawns, landscaping, fencing, mail boxes, plants, trees, or shrubbery. Lessee specifically agrees to and does assume liability for damage of such items.

(e) It is recommended you call Lessor at 251-206-7964 if you require your bin/dumpster or other leased equipment to be picked up ahead of the scheduled time, otherwise it will be picked up on the scheduled date.

3.Indemnity/Hold Harmless: Lessee agrees to indemnify and hold harmless Lessor from all claims, suits and demands for personal injury, property damage, wrongful death of any individuals including, but not limited to, Lessee’s employees, contractors, agents, servants, or representatives incurred as a direct or indirect result of any type operation, use, handling or transportation of the leased equipment including reasonable attorney’s fees with counsel of Lessor’s choice, and costs of defense.

4.Care and Operation of Equipment: The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances and regulations relating to the possession, use, or maintenance of the equipment. Lessee is responsible to see that Lessee and anyone Lessee allows to use the leased equipment is familiar with all safety rules and safe operating procedures prior to operating the leased equipment. The Lessee shall immediately advise Lessor of any notice of any claim, levy, lien, or legal process issued against the equipment.

5. Risk of Loss or Damage: The Lessee assumes all risk of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this lease.

6.Acceptance of Equipment: The Lessee shall inspect each item ofequipment leased pursuant to this lease. The Lessee shall immediately notify the Lessor of any discrepancies between such item of equipment and the description of the equipment and in this lease and Exhibit ___. If the Lessee fails to provide such notice in writing within three (3) day(s) after delivery of the equipment, the Lessee will be conclusively presumed to have accepted the equipment as specified in this lease.

7.Default: The occurrence of any of the following shall constitute a default under this lease:

a. The failure to make a required payment under this lease when due.

b. The violation of any other provision or requirement of this lease that is not corrected within three (3) business days.

c. The insolvency or bankruptcy of the Lessee.

d. The subjection of any of Lessee’s property to any levy, seizure, assignment, application or sale for or by any other creditor or governmental agency.

8.Rights on Default: In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this lease without notice or demand of the Lessee, the Lessor may take possession of the equipment as provided by law, deduct costs of recovery (including attorney’s fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency.

9.Notice: All notices required or permitted under this lease shall be deemed delivered when delivered by a person or by mail, postage pre-paid, addressed to the appropriate party at the address shown for that party at the beginning of this lease.

10.Assignment: The Lessee shall not assign or sublet any interest in this lease or permit the equipment to be used by anyone other than the Lessee or Lessee’s employees without Lessor’s prior written consent.

11.Entire Agreement: This lease constitutes the entire agreement between the parties. No modification or amendment of this lease shall be effective unless in writing and signed by the parties. This lease replaces any and all prior agreements oral or otherwise between the parties.

12.Governing Law: This lease shall be construed in accordance with the laws of the State of Alabama.

13.Severability: If any provision of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

14.Waiver: The failure of either party to enforce any provisions of this lease shall not be construed as a waiver or limitation of the party’s right and subsequently enforce and compel strict compliance with every provision of this lease

15.DISPUTE RESOLUTION/ARBITRATION: THE PARTIES WILL ATTEMPT TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT THROUGH NEGOTIATIONS BETWEEN THE PARTIES OR NON-BINDING MEDIATION. IF THE MATTER IS NOT RESOLVED BY MEDIATION, OR NEGOTIATION, THE PARTIES WILL RESOLVE THE DISPUTE USING ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURE. ANY DISPUTES NOT RESOLVED SHALL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD WILL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT BY ANY COURT HAVING PROPER JURISDICTION. THE ARBITRATION SHALL TAKE PLACE IN MOBILE COUNTY, ALABAMA AND THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION OR BY AGREEMENT OF LESSOR AND LESSEE.

16.Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless, from all loss and damage to the equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury, disability and death of workmen and/or other persons caused by the operation, use, control, handling, or transportation of the equipment during the term of this Lease.

LESSOR:

BINS BY THE BAY, LLCWITNESS:

BY: Matthew Maherg

LESSEE:WITNESS:

BY: Clicking check box on website is lessee agreeing and signing Lease Agreement.