Terms and conditions

This Rental Agreement Is hereby incorporated into this Rental Agreement in their entirety (collectively the “Agreement”), is between the renter identified above (“Renter”) and States Rentals LLC. This Agreement sets forth the terms and conditions
governing Renter ́s rental of the equipment described in the attached Description of Equipment including all parts and accessories, as well as any additional equipment Renter may subsequently rent from or through S (collectively the “Equipment”). For
avoidance of doubt the parties agree that this Agreement shall govern all future rentals of Equipment by Renter from the date hereof unless it has been superseded or amended by a new rental agreement or other writing in accordance with Section 16
below. By entering this Rental Agreement, Renter is representing that he has read and agreed to the Terms of Use, Privacy Policy and Rental Protection Plan (if purchased) and understands that their terms are legally binding on him.

Section 1 Rental Period

The Rental Period will begin upon delivery of Equipment to Renter (unless otherwise agreed to) and end at the earlier of when Renter calls or texts States Rentals to schedule pickup of the Equipment or 28 days after the beginning of the Rental Period. If
Renter has not scheduled the Equipment to be picked up by the end of a given Rental Period, the Rental Period will automatically renew for an additional 28 day Rental Period. Renter may decrease the length of any renewal Rental Period by scheduling
pick up of the Equipment prior to the expiration of the Rental Period. States Rentals LLC may elect to not renew the Rental Period at any time by notifying Renter prior to the expiration of the current Rental Period. States Rentals shall have the right to
replace the Equipment with other similar equipment at any time and for any reason.

Section 2 Billing and Rental Rates

Except for COD customers (as determined by States Rentals in its sole discretion), Renter will be billed for all rental and other charges accumulated during the Rental Period at the conclusion of the Rental Period. Payment of the invoice(s) is due by the
date indicated on the invoice. This record and the obligations evidenced or secured hereby are subject to the security interest of Capital One, National Association, as agent for the benefit of certain secured parties and any sale or other disposition
violates the rights of Capital One, National Association. The total charges specified in this Agreement are: (a) estimated based upon Renter ́s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental
Period may change) and other information conveyed by Renter to States Rentals; and (b) for the Equipment ́s use for One Shift, unless otherwise noted. “One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week
period. Hours accrued on machines in excess of One Shift will be charged an overage fee assessed at the daily rate of the contract. Rental charges accrue during Saturdays, Sundays and holidays. Rental rates for the Equipment will be set forth in the
applicable purchase order confirmation, description of equipment, and/or schedule (each a “Rental Confirmation Document”) issued to Renter in connection with each rental of Equipment pursuant to this Agreement. Renter agrees that it will be bound by
and pay the rates set forth in any Rental Confirmation Document unless it notifies States Rentals that there is an error in the Rental Confirmation Document within twenty-four (24) hours of such Rental Document being sent to Renter ́s email address or
otherwise delivered to Renter.

Section 3 Taxes and Other Fees

The rental rates do not include and Renter is responsible for determining and paying all sales, use, other applicable taxes, and any personal property tax surcharges or recovery fees that Renter may owe as a consequence of renting the Equipment and
using any associated services provided by States Rentals including, but not limited to, environmental recovery fees, consumables, licenses, and delivery fees. Delivery fees will be calculated based on the type of Equipment being delivered or picked up,
the requested delivery and pickup time, the distance of the delivery or pickup, and other relevant considerations. Delivery and pickup charges will be negotiated with the Renter prior to the pickup or delivery.
Section 4 Required Insurance Coverage
Renter will maintain and carry for the duration of the Rental Period, at Renter ́s sole cost and expense, the following insurance:

a. Comprehensive or Commercial Form General Liability Insurance including, but not limited to, coverage for any property damage, bodily injury, personal injury, death, and contractual liability with a minimum limit of liability of $1,000,000.00 per
occurrence and $2,000,000.00 in the aggregate; and

b. Automobile Liability Insurance if Renter will be transporting with their own vehicle or trailer the Equipment on any public highways or byways, including underinsured and uninsured motorist coverage, with a minimum combined single limit of liability of
$1,000,000.00 per occurrence for bodily injury, personal injury, death and/or property damage. Renter will also:. Carry Property Insurance with a minimum limit of liability of $100,000.00 per occurrence for damage or losses to equipment; All insurance
policies described above must contain, or be endorsed to contain, the following provisions:

a. States Rentals and its officers, directors, employees, agents, representatives, and assigns are to be covered as additional insureds on the general liability and automobile liability insurance policies and as loss payees on the property insurance policy;

b. A waiver of rights of recovery against States Rentals and the Equipment Owner, and their insurers, by the Renter and its insurers as well as a waiver of subrogation against States Rentals, Equipment Owner, and their insurers; and

c. A provision that States Rentals must receive at least 30 days written notice prior to any cancellation or change in Renter ́s coverage.

Renter shall exercise all rights available under its insurance policies required by this Section 4 and take all actions necessary to process and pursue all insurance claims against those policies in force at the time of the rental and/or loss.
States Rentals reserves the right to require Renter to submit Certificates of Insurance and/or Letters of Endorsement verifying that Renter holds and carries policies meeting the above criteria and containing the specified endorsements.

Section 5 Inspection of Equipment and Acceptance

Renter represents and warrants that Renter is capable of and qualified to inspect the Equipment to determine its condition, state of repair, whether it is in good working order, safe to use and suitable for Renter ́s intended use. Renter further represents
that prior to taking possession of the Equipment and before attempting to use the Equipment (except to the extent necessary to perform such inspection) that it has inspected the Equipment, found it to be in good working order and repair, and fit for
Renter ́s intended use. Renter will be deemed to have accepted the Equipment at the time it takes possession either by picking up the Equipment at an States Rentals yard or by delivery of the Equipment to Renter ́s jobsite.

Section 6 Renter ́s Representations and Warranties

a. Renter represents and warrants that Renter is qualified to operate the Equipment and has obtained all necessary licenses, certifications, credentials, permits and variances required by the jurisdiction(s) in which Renter will operate the Equipment for
operation of the Equipment and Renter ́s intended use of the Equipment and has met any other requirements or conditions set by such jurisdiction(s).

b. Renter represents and warrants that only Renter or Renter ́s qualified agents or employees operating under Renter ́s direct supervision will operate the Equipment and that Renter has verified that every employee and agent who will be operating the
Equipment has satisfied all requirements and conditions for operation of the Equipment set by the jurisdiction(s) where the Equipment will be operated including, but not limited to, obtaining any required licenses or certifications.

c. Renter represents and warrants that Renter ́s use of the Equipment will be for legal purposes only and that Renter ́s use of the Equipment will comply with all applicable federal, state, local and other laws, rules, directives, regulations, ordinances, and
requirements. RENTER AGREES TO DEFEND, INDEMNIFY AND HOLD STATES RENTALS HARMLESS FROM ALL FINES, PENALTIES AND COSTS INCURRED BY STATES RENTALS FOR RENTER ́S FAILURE TO COMPLY.

d. Renter represents and warrants that the Equipment will only be used and stored at the Job site(s) (“Delivery Address”) identified in the Description of Equipment or other Confirmation Document, and the Equipment may not be driven or operated on
public highways or byways. If at any time during the Rental Period, Renter wants to use or store the Equipment at another location(s), Renter may request permission from States Rentals to use or store the Equipment at the additional location(s) by
sending an email to Sales@statesrentalsllc.com Renter may not use or store the Equipment at the additional location(s) unless and until Renter receives a confirmation email from States Rentals approving the additional location(s).

e. Renter represents and warrants that Renter is familiar with the manufacturer ́s specifications for the Equipment as contained in the manufacturer ́s operation and maintenance manual or other similar guide or manual, is qualified and able to perform
any routine maintenance required or recommended by the manufacturer for the Equipment, and will perform, at Renter ́s expenses, any such required or recommended maintenance in the manner and at the intervals specified or recommended by the
manufacturer. Renter further represents and warrants that Renter will not use the Equipment in a manner that is likely to result in anything other than ordinary wear and tear of the Equipment and Renter acknowledges that, except as otherwise provided
in this Agreement, Renter will be solely responsible for any damages to the Equipment beyond ordinary wear and tear. Ordinary wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and
reasonable use on a One Shift basis, unless otherwise agreed. The following shall not be deemed ordinary wear and tear: (i) damage resulting from lack of lubrication, insertion of improper or dyed fuel, or maintenance of necessary oil, water and air
pressure levels; (ii) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning, or improper operation, including
overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which
rented; and (f) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.

f. Renter represents and warrants that if at any time the Equipment is involved in an accident, suffers a malfunction, becomes unsafe, or is damaged Renter shall immediately (i) cease using the Equipment and (ii) notify States Rentals. If such condition
is the result of a defect in the Equipment, States Rentals will, if possible, repair the Equipment or replace the Equipment with similar equipment. States Rentals has no obligation to repair or replace Equipment that was damaged due to negligence,
misuse, abuse, or neglect. Renter ́s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accrued during the time the Renter
TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER AGREES TO INDEMNIFY, DEFEND AND HOLD STATES RENTALS, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AND AFFILIATES,
PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR
OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION, USE,
POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST STATES RENTALS BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER,
RENTER SHALL NOT BE OBLIGATED TO INDEMNIFY STATES RENTALS FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF STATES RENTALS. IN
FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, RENTER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY
BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY RENTER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL
FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
Nothing in this Section shall be construed to waive, limit, or otherwise reduce Renter ́s liability for any loss, damage, or injury arising out of Renter ́s possession, custody, operation and use of the Equipment, including liability to third parties.
Section 7 Disclaimer of Warranties STATES RENTALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY
THAT THE EQUIPMENT IS SUITED FOR RENTER ́S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, STATES RENTALS DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL AGREEMENT.

Section 7 Default

Renter shall be in default of this Agreement if Renter fails to pay any rent charges or other charges or fees when due or if Renter breaches any other terms of this Agreement, or if Renter becomes insolvent or ceases to do business as a going concern,
or if a petition of bankruptcy is filed by or against Renter. In the event that the Renter is considered in default of this agreement, States Rentals reserves the right to file Mechanic liens and or claim on any bond, on any and or all equipment leased, subject
to all state and local ordinances in relations to the filing and claim on any lien/bond. All notifications will be sent via certified mail to any applicable party including, but not limited to, General Contractor, Property owner, and Subcontractors. Any applicable
fees, charges and interest due at time of claim are the responsibility of the Renter and shall be included in the total amount owed. All past due accounts are subject to a 1.5% finance charge on all invoices 30 days or more past due, which is an annual
percentage rate of 18%. Renter agrees to pay all costs of collections, including attorney ́s fees and court costs, whether or not a lawsuit is filed.
Renter also agrees that in the event of Renter ́s default States Rentals shall have, in addition to all rights and remedies at law or in equity, the right to enter onto the property where the Equipment is being held and to take all actions necessary to
repossess the Equipment without legal process or notice. Renter hereby consents to such repossession and waives all claims for damages and losses caused by such repossession and shall pay all costs and expenses incurred by States Rentals in
repossessing the Equipment. This Agreement is governed by the laws of the State of Missouri, without regard to its conflict of laws principles. Renter and States Rentals agree that exclusive jurisdiction and venue for any suit or collection action to enforce
the terms of this Agreement shall lie in Boone County, Missouri or Dallas County, Texas, and both parties consent to venue and personal jurisdiction in such courts.

Section 8 Returned Payment

Should a payment on any account be returned by the bank for any reason, there will be a fee imposed by States Rentals of $25 to be due immediately, further, any account(s) that have a check returned by the bank shall be immediately suspended from
credit terms and placed on a COD payment status for no less than 30 calendar days. Review of said account is subject to approval by States Rental Collections Manager.

Section 9 Credit Accounts

Any and all accounts are subject to suspension from credit at any time at the discretion of the Collections Manager if they were not able to use the Equipment due to the failure or defect. Renter agrees that, if Renter elects to sign this Agreement using
electronic signatures, the electronic signatures, whether digital or encrypted, of the respective signatories hereto are intended to authenticate such signatures and to have the same force and effect as the use and delivery of manual signatures and give
rise to a valid, enforceable, and fully effective agreement to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any other similar state laws, acts, or statutes based on
the Uniform Electronic Transactions Act

Section 10 Risk of Loss and Indemnification

RENTER SHALL BE RESPONSIBLE FOR ALL LOSSES TO THE EQUIPMENT, UP TO THE FULL REPLACEMENT VALUE OF THE EQUIPMENT, DAMAGE OR INJURY CAUSED BY, RESULTING FROM OR IN ANY WAY CONNECTED WITH THE
EQUIPMENT, ITS OPERATION, POSSESSION OR USE, FROM THE TIME THE EQUIPMENT IS DELIVERED TO RENTER UNTIL THE TIME EQUIPMENT IS PICKED UP FROM RENTER BY STATES RENTALS OR OTHERWISE RETURNED TO
STATES RENTALS CARE, CUSTODY, AND CONTROL. RENTER IS RESPONSIBLE FOR ALL DAMAGE INCLUDING TIRES. A CLEANING CHARGE WILL APPLY TO EQUIPMENT RETURNED WITH EXCESSIVE DIRT, CONCRETE, AND/OR
PAINT. A FUEL CHARGE WILL BE APPLIED TO ALL UNITS NOT RETURNED FULL OF FUEL. IN NO EVENT SHALL STATES RENTALS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
A “Loss” is any loss to the Equipment including, but not limited to losses caused by theft, accident, misuse, damage (other than ordinary wear and tear) or destruction of the Equipment. After a Loss occurs, Renter shall immediately:
(a) notify States Rentals of the Loss; (b) notify the police of the Loss if the Loss is due to theft or other applicable cause(s); (c) secure and maintain the Equipment unless it is not safe to do so; (d) cooperate with States Rentals and/or its agents and local
law enforcement in investigating the Loss; and (e) in addition to all sums otherwise owed under this Rental Agreement and, except as modified by Renter ́s purchase of the Rental Protection Plan, pay States Rentals the full cost of repairs for any
damages to the Equipment or, if the Equipment is lost, stolen or destroyed, pay to States Rentals the full replacement cost of the Equipment. become outstanding beyond established and approved credit limits or become delinquent outside of the agreed
upon credit terms. Reinstatement of credit terms is at the discretion of the Collections Manager. Should an account be referred to “Collections,” any and all legal fees, attorney fees, and collection fees associated with the collection of the outstanding
debt, shall become the sole responsibility of the Renter and subject to any interest accrued per this agreement.

Section 11 Assignment

Renter shall not sublease, sub-rent, assign, loan, pledge as collateral, or otherwise encumber the Equipment or assign or attempt to assign any interest in the Equipment without prior written authorization from States Rentals, and any attempt to do so
shall be void. States Rentals can freely assign this Agreement and its rights hereunder to affiliates and third parties.

Section 12 Title and Subordination

Title to the Equipment does not transfer to Renter, and Renter understands and agrees that Renter ́s rights to the Equipment pursuant to this agreement are subordinate to the rights of any bank, lender or other secured party holding a lien or other
security interest against the Equipment.
Renter shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.

Section 13 Only Agreement; Counterparts

This Agreement along with any Addendums attached hereto and subsequent Descriptions of Equipment or other Confirmation Documents represent the entire agreement between Renter and States Rentals with respect to Renter ́s rental of Equipment
from States Rentals. Any terms and conditions, whether oral or written, contained in any customer issued purchase order or similar document are rejected by States Rentals to the extent they are inconsistent with or different from the terms contained
herein. The terms and conditions of this Agreement shall control over any conflicting terms contained in a Confirmation Document, customer purchase order or similar document. This Agreement may only be altered, modified, amended or superseded by
a writing signed by authorized representatives of each party hereto. Renter may sign this Agreement manually or electronically, and the Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each
of which, when executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same Agreement.

Section 14 Waiver & Severability

States Rentals failure to enforce a provision of this Agreement is not a waiver of its right to do so later. If a provision of this Agreement is found to be unenforceable; the remaining provisions of this Agreement will remain in full force and effect.