Rental Contract

1. AUTHORITY TO SIGN: It is hereby agreed that any individual signing this contract as a representative or agent for the person or company with whom he is employed (hereinafter referred to as "Renter") is authorized to sign this contract as representative or agent and shall thereby make said person or company liable for full payment of all purchases, rental charges or any other costs that might be incurred against any equipment rented or sold by Viper.

2. COMPLIANCE WITH LAWS/USE OF EQUIPMENT AND/OR VEHICLE(S): The exact manner in which this equipment will be used and the trade or occupation of the user and the qualifications or lack of qualifications of the user and the equipment or lack of equipment of the user are beyond the control of Viper. Viper therefore expressly disclaims any responsibility for Renter's compliance of failure to comply with OSHA and/or any other governmental safety or health regulations or standards. Renter agrees not use or allow anyone to use the rented equipment and/or vehicle(s) for any illegal purpose or in any illegal manner. Renter agrees, at his sole expense, to comply with all municipal, county, state, and federal laws, ordinances, and regulations (including O.S.H.A.) which may apply to the use of the rented items during the rental period. Renter further agrees to pay all licenses, fees or taxes arising from his use of the rented items. Renter shall not: allow any

person who is not qualified to operateethe rented rented vehicle(s) and/or equipment; use the vehicle(s) and/or equipment when it is in need of repair or in an unsafe condition or situation, misuse, harm or abuse of the vehicle(s) and/or equipment, permit any repairs to the vehicle(s) and/or equipment without Renter's written permission; allow any lien l toto be placed upon the rented vehicle(s) and/or equipment. Renter agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the rented vehicle(s) and/or equipment daily and to immediately notify Viper when w it is found to need repair or maintenance. Renter acknowledges that Renter has no responsibility to inspect the equipment and/or vehicle(s) white it is in the possession of Renter. If the vehicle(s) and/or equipment becomes unsafe or requires repair, Renter shall discontinue using it and notify Renter immediately. If such condition is the result of normal operation, Renter will repair or replace the

vehicle(s) and/or equipment with similar item(s) in good working order if such replacement item(s) are available. Renter is not responsible for any damage or costs caused by delays, or otherwise Renter has no obligation to replace vehicle(s) and/or equipment rendered inoperable by misuse, abuse, or neglect.

3. RECEIPT/INSPECTION OF EQUIPMENT: Renter hires his equipment on an as is basis. Renter acknowledges that he has had or will have the opportunity to personally inspect the vehicle(s) and/or equipment at point of delivery - and finds it suitable for his needs. Renter acknowledges receipt of all items listed in this contract in good working order and repair and that he understands its proper operation and use without instructions from Viper. Renter acknowledges that prior to

leaving Viper premises he has or will have the opportunity to inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the rented equipment to Renter's towing vehicle, if any, and Renter declares that he has received the equipment in a secure and operative condition. Viper is not responsible for any damage to Renter's towing vehicle caused by detachable hitches or mirrors.

4. DISCLAIMER OF WARRANTIES: Viper MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter's sole remedy for any failure of or defect in equipment shall be the termination of any rental charges accruing after the time of failure, provided the equipment is

returned to Viper within twenty-four hours from the time of defect. Viper shall not be responsible to Renter or any agent or employee of Renter or to any other party for any loss, damage or injury of any and every nature whatsoever including any any special or consequential damages, caused by, resulting from, or in any way connected with the rental or purchase of this equipment, the operation or use of this equipment, or any defect in or failure of the equipment.

5. INDEMNIFICATION BY RENTER: Renter expressly indemnifies and holds Viper harmless of, from and against any aand all claims, loss, costs, damages, attorney's fees and/or liability in connection with the lease and/or purchase of the equipment described herein, whether or not a lawsuit is filed, in the event proceedings are commenced by Viper to recover possession of said equipment, or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay

reasonable attorney fees and all costs incurred in connection therewith.

6. SUBLETTING & LOCATION: No item of leased equipment shall be sublet or assigned or removed from the location represented by Renter without the prior written consent of Viper. Renter agrees not take said leased equipment or cause the same to be taken out of a 150 mile radius of the Viper location from which the equipment is rented without prior permission from Viper.

7. RETURN OF EQUIPMENT, DAMAGED EQUIPMENT: At the expiration or sooner termination of all rental agreements, or upon Viper's demand, Renter promises to return all leased equipment to Viper's premises during Viper's regular business hours, in the condition and repair as when delivered to Renter subject only to reasonable wear and tear. Renter shall be liable for all damages to or loss of the equipment. If Viper has agreed to deliver the equipment to Renter or to pick up the

equipment from Renter, Renter shall be responsible for all loss or damage to the equipment from the time of delivery to Renter until picked up by Viper. If the equipment is returned in a damaged or excessively worn condition, Renter shall pay Viper the reasonable cost of repair and pay rental on the equipment at the regular rental rate until all repairs have been completed. Viper shall be under no obligation to commence repair work until Renter has paid to Viper the estimated cost.

8. REASONABLE WEAR AND TEAR: Reasonable wear and tear of leased equipment shall mean only the normal deterioration of the equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week) basis. The following shall not be deemed reasonable wear and tear; (a) damage resulting from lack of lubrication or maintenance of necessary oil, water, and air pressure levels; (b) damage resulting from lack of servicing or preventive maintenance suggested in the manufacturers operation and maintenance manual; (c) damage resulting from any collision, overturning, or improper operation of the equipment, including overloading or exceeding the rated capacity of the equipment; (d) damage in the nature of dents, bending, tearing, staining, and misalignment to the equipment or any part thereof; (e) wear resulting from use in excess of a one shift basis, and (f) any other damage to the equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the equipment shall be made to the

reasonable satisfaction of Viper and in a manner, which will not adversely affect the operation or value of the equipment, such as welding instead of replacing a part.

9. TAMPERING: Renter shall not disconnect or tamper with the hour meter, odometer, or speedometer on any leased equipment, and if the same shall show signs of having been disconnected or tampered with, Renter agrees to pay Viper in addition to the regular rental, the sum of five dollars ($5.00) per hour for each and every hour that Renter has vehicle, machine or equipment off the premises of Viper.

10. DESTRUCTION: In case of the loss or destruction of any leased vehicle, machine or equipment or any of the accessories, or of loss or possession thereof; or inability to return same to Viper for any reason whatever, Renter will pay to Viper the then full replacement list value together with the full rental rate as specified until such item is replaced.

11. DEPOSIT: Renter hereby agrees that any rental deposit in addition to securing the payment of rental changes hereunder, shall be deemed to be a guarantee by Renter of the full and completed performance of each and all of the items, covenants, and agreements to be performed by Renter hereunder, and in the event of any breach by Renter of any of the said terms, covenants and/or agreements, said deposit shall be credited against any damages, cost or expense incurred by Viper as a result of said breach

12. FAILURE TO DELIVER: Renter here remises, releases and discharges Viper from any and all liability or damages which might be caused by failure to deliver any vehicle, machine or equipment within the agreed time by Viper.

13. DRIVERS LICENSE: Renter and/or Renter's representative and agent represents and warrants that he is a person of lawful age, and has in his possession an unrevoked driver's license issued by the State of California or other State of U.S.

14. IMPROPER OR EXCESSIVE USE: Rental rates are for a normal usage based on an eight hour day, five days per week. On power equipment, a two shift operation rate will be 1-1/2 times the single shift rate. Three shift operation rate will be 2 times the single shift rate. Any violation of the normal time/rate basis and/or use of the equipment for purposes other than it is designed will be considered improper or excessive use and be assessed accordingly. All rentals shall commence when the equipment leaves Viper's premises and shall terminate when the equipment is returned to Viper's premises.

15. RENT PURCHASE AGREEMENT: Rental equipment does not carry the option to purchase unless Viper and Renter agree upon same prior to rental of such machine, vehicle, or equipment in writing.

16. TIRE/TUBE REPAIR OR REPLACEMENT: Repair or replacement of tires and tubes is expressly not included in the rental rate and is the responsibility of the Renter.

17. TITLE: Title to all rented equipment, is and shall remain in Viper. If the equipment is levied upon or the agreement is terminated for any reason whatsoever. Viper may retake the equipment without notice or legal process and may take all action reasonably necessary to do so.

18. SECURITY AGREEMENT: Title and the right to immediate possession of any purchased equipment described on the front side hereof shall remain in Viper until all items have been paid for in full. Renter hereby grants to Viper a security interest in said equipment pursuant to the provision of the California Commercial Code and any other applicable provisions of law, except to the extent as otherwise provided for herein. In the event of default by Renter, Viper shall be entitled to immediate possession of all equipment described herein.

19. NOTICE OF NON-WAIVER: Any failure of Viper to insist upon strict performance by Renter of the condition and terms of this agreement shall not be construed as a waiver of Viper's right to demand strict compliance. Time is expressly made the essence of this agreement.

20. RETAKING OF EQUIPMENT: If for any reason it becomes necessary for Viper to retake the equipment, Viper and its agents may go upon Renter's property and retake the equipment without notice and legal process. Viper and its agents may take all action reasonably necessary to retake the equipment and Renter waives for himself, agents, and employees all claims for damages and ponte losses, physical and pecuniary, caused by retaking by Viper. Renter agrees to pay all costs and expenses incurred by Viper in retaking the equipment.

21. DEFAULT: Should Renter in any way fail to perform, observe, or keep any provision of this agreement, Viper may exercise concurrent or separately any one or more of the following remedies:

(a) To terminate this agreement.

(b) To declare the entire rent immediately due and payable to commence legal action therefor.

(d) To pursue any and all other remedies available to Viper.

22. THEFT: WARNING! Failure to return equipment on the expiration and due date in certain circumstances, will be considered a theft, resulting in a criminal prosecution. Your attention is directed to Penal Code Section 487(a) and Vehicle Code Section 10855 of the State of California.