Rental Contract

IN ORDER TO RESERVE THE EQUIPMENT, YOUR SIGNATURE AND PAYMENT MUST BE RECEIVED.

THE TIME LISTED ON THE CONTRACT YOU SIGN IS A PLACEHOLDER AND ROUGH ESTIMATE FOR DELIVERY. ACTUAL DELIVERY TIME CAN VARY DEPENDING ON OUR WORKLOAD. IF YOU WANT DELIVERY AT A SPECIFIC TIME YOU WILL NEED TO MAKE SPECIAL ARRANGEMENTS FOR THAT. WE ARE NOT LIABLE FOR OTHERS WAITING ON US TO ARRIVE. GENERALLY THE TIME ON THE CONTRACT IS WHEN WE BEGIN LOADING THE EQUIPMENT ON YOUR ORDER, NOT THE TIME IT WILL BE DELIVERED TO YOU.

You are responsible to return the equipment clean and in the same working order as it was received. Unless Purchase Option has been exercised.

Should any damage, breakdown, or malfunction occur, you are required to turn off the machinery and immediately notify Cobra Leasing 801-592-6448.

You grant Cobra Leasing permission to save submitted payment information on file for future use.

You certify that you have read and agree to all Terms and Conditions of this Lease Contract.

Should you be in violation of any part of this Lease Contract, you will be in default and fully responsible for any arising costs.

Lessor, Cobra Leasing, LLC, a Montana limited liability company, hereby rents to you, the

undersigned “Customer/Lessee” the item(s) identified above (also referred to herein as the “Leased Item(s)”) on the terms set forth in this Lease Contract (“Contract”).

All charges due and coming due under this Contract are subject to FINAL AUDIT by COBRA. By signing below, you authorize COBRA to charge all amounts due and coming due under this Lease Contract to any and all debit or credit card(s) you provide.

TERMS AND CONDITIONS OF LEASE CONTRACT – COBRA LEASING, LLC LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE Copyright ©, EquipmentRentalContracts.com. (866) 582-2586. All rights reserved. Unauthorized reproduction and/or distribution expressly prohibited. For good and valuable consideration, you, and Cobra Leasing, LLC, a Montana limited liability company, (also referred to herein as “COBRA,” “Lessor,” “we,” “us” and “our”) agree as follows: 1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions, “Leased Item(s)” or “Item(s)” means the item(s) leased to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per Section [or “§”] 3 below); “Site” means the address set forth on P.1 where the Item(s) is/are to be delivered and/or used; and “Customer,” “Lessee,” “you” and “your” mean the “Renter,” “Customer,” “Lessee” and/or “Guarantor” (as applicable) identified on P.1. 2. You agree to lease from COBRA the Leased Item(s) for the period(s) specified on P.1 (the “Term”), to pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, and to remain liable for all loss, theft, injuries and damages of, to, and/or associated with such Item(s), until all Leased Item(s) is/are returned to and accepted by COBRA in the return condition required under this Contract (including § 10). You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder to account for time in transit, Act(s) of God, event(s) of force majeure or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed by COBRA in writing, you agree: (a) to pay us: (i) the Estimated Rent specified on P.1 in advance of the Term (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount(s) you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to COBRA; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Leased Item(s) upon return will, at our option, be deemed abandoned. 3. Upon the earlier of your receipt, or the delivery to the Site, of the Leased Item(s) unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined, counted and tested by you or your agent(s); and (b) you: (i) have carefully reviewed and fully understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, UL, ASSP, NFPA, DOT, FMCSA, IFTA, ANSI and other standards, applicable to the Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, Silica Dust, Ventilation, ELD, AWP/MEWP, training and familiarization, charging, fueling, cleaning, and site assessment requirements ); (iii) have been made aware of the need to use all applicable personal protective equipment and safety devices (including RESPIRATORY and FALL PROTECTION); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surface (call 811 and go to www.Call811.com, at least 3 full business days in advance); (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract. You agree to notify: (A) the police and COBRA in the event of any theft or accident involving any Leased Item(s); and (B) COBRA if any of the above requirements is/are breached or incorrect. 4. Except with respect to Leased Items COBRA rents from one or more third parties (each, a “TPO”) and then re-rents to you (“Re-Rented Items”), COBRA owns and will retain title to all Leased Items at all times. You will have exclusive control over the Leased Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT NOR WILL YOU PERMIT ANYONE ELSE TO: (a) the taking or existence of any lien, claim, security interest or encumbrance on any Leased Item(s); (b) have any title or ownership interest in or with respect to any Leased Item(s); or (c) loan, share, transfer, sublease, store, surrender or assign any Leased Item(s) or this Contract, without our prior written consent (in our sole discretion). COBRA may, from time to time, substitute Leased Item(s) and/or sell or assign all or any part of its interests in one or more Leased Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of COBRA or any TPO. 5. If we agree to deliver and/or retrieve any Item(s), you agree to: (a) pay our regular charge(s) therefor, and for all driving and waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for delay(s) caused by any acts or omissions of/by you, your agents, employees or contractors, or any other parties, including providers of other equipment or services (“Other Providers”) for which you agree to indemnify, defend, and hold harmless COBRA, its agents, employees, and contractors. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives and/or delivery personnel regarding the same (including status, condition, quality, utility, defects, and quantities of or with respect to the Item(s) and the Site). 6. NO WARRANTIES. COBRA IS NOT THE MANUFACTURER OR DESIGNER of any of the Item(s), all of which are provided “AS-IS”. NEITHER COBRA NOR ANY TPO MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY AND ALL WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND GOOD AND WORKMANLIKE PERFORMANCE, as well as any warranty(ies) arising from course of dealing, course of performance and/or usage of trade) regarding any Item(s) or Service(s) provided by or at the direction of COBRA or any TPO, nor does COBRA or any TPO make any warranty against INTERFERENCE OR INFRINGEMENT, all of which warranties you hereby waive. NO DESCRIPTIONS, SPECIFICATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY COBRA OR ANY TPO. 7. In the event of a Malfunction (as defined in § 3), you will immediately notify COBRA, and provided such Malfunction did not result from or in connection with: (a) any wrongful or negligent act or omission of/by you or anyone you permit to use or otherwise deal with any Leased Item; or (b) your breach of any provision of this Contract, COBRA will, at its option: (i) repair the Malfunctioning Item; (ii) provide you with a comparable item; or (iii) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. Neither COBRA nor any TPO shall have any other obligation(s) regarding Malfunctions, all of which you waive, together with all incidental and consequential damages. 8. WARNINGS: THE Leased ITEM(S) CAN BE DANGEROUS AND SHOULD BE FUELED, CHARGED, SERVICED, MAINTAINED, REPAIRED AND USED WITH EXTREME CARE, ONLY FOR THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY QUALIFIED, INSTRUCTED, TRAINED, FAMILIARIZED, AND LICENSED, ADULT USERS, OPERATORS AND OCCUPANTS. YOU AGREE TO PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL SUCH PARTIES, and ensure that each such Item is fueled, charged, used, operated and occupied safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by COBRA at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED AND/OR LICENSED ADULTS; and (e) otherwise in full compliance with this Contract, the Instructions and all applicable warranties and insurance policies, at all times. 9. INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ELECTRIC SHOCK, ILLNESS, PRODUCTS LIABILITY, LOSS, THEFT, DAMAGE, AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, FUELING, CHARGING, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, CLEANING, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, COBRA, EACH TPO, their respective parents, affiliates, subsidiaries, owners, shareholders, members, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including attorneys’ fees) arising from and/or in connection with the Item(s), this Contract, our negligence, and/or your breach of any one or more of the terms of this Contract; and except only as provided in § 7, (C) WAIVE all rights, remedies and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee. 10. You will ensure the Site is reasonably clean, safe, secure and fit for delivery and use of the Item(s), protect, properly maintain and care for each Item, keep each such Item safely and securely stored and locked when not in use, and return each such Item to COBRA on time at the end of the Term, complete (with all original batteries, cords, attachments and peripherals), clean and free of contamination (including asbestos, beryllium, silica and pathogens), and in good order, condition and repair, properly serviced, maintained, and if applicable, fully charged and/or full of the appropriate fuel, fluids, and lubricants (call COBRA for manufacturer-approved products). You agree to inspect the trailer coupling mechanisms, safety chain(s), tongue jacks, all tie downs and pins before trailers leave lessor’s premises, inspect the equipment periodically and maintain it in a safe and secure condition. If you fail to adhere to these (and all other) instructions, in addition to any other amounts specified on P.1, you will promptly pay to COBRA: (a) Rent at our highest incremental rate(s) until all such Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You shall not, nor permit anyone else to: (i) use any Leased Item while under the influence of any intoxicant(s) (including without limitation, CANNABIS, CANNABINOIDS, AND ALCOHOL, WHETHER OR NOT LEGAL) or to abuse, misuse, overuse, conceal, store with any third party, repair, modify, damage, or smoke and/or vape in any Leased Item(s); (ii) violate any Instruction, insurance policy or warranty; (iii) expose Leased Item(s) to flammable, explosive, harmful or hazardous substance(s) or circumstance(s); (iv) disable, misuse or circumvent safety equipment or device(s) in, on or with any Item(s); (v) park any items within 100 feet of salt piles; or (iv) take possession of or exercise control over any Leased Item(s), without our prior consent. 11. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof; (c) workers’ compensation insurance; and (d) for all vehicles and trailers included with or in the Leased Item(s): (i) hired auto liability insurance with minimum limits of $1,000,000; (ii) hired auto physical damage insurance for actual cash value; and (iii) replacement cost contents insurance for all contents thereof. Such policies shall, whenever possible: (A) name COBRA as an additional insured and loss payee; (B) waive subrogation against us; (C) be primary and non-contributory; and (D) include a severability of interests clause and such other provisions (including deductibles) as we may require. You irrevocably appoint COBRA as your agent and attorney-in-fact for purposes of submitting, negotiating, and settling claims on all such policies. 12. You agree to fully and timely pay all taxes (including sales, use, and other taxes), tolls, fines, fees, assessments, and other charges related to each item. If legal action is commenced in connection herewith, we will be entitled to recover our associated costs and expenses (including without limitation, attorneys’ fees) from you if we prevail. To the maximum extent permitted under applicable law, you grant to COBRA a lien on all real and personal property: (a) placed in or on; and/or (b) improved with, any Leased Item(s). We may, without notice or liability to you, monitor and/or inspect, in person and/or electronically (including via Telematics/GPS systems) any Leased Item(s) at any time. You consent thereto and agree that all information thereby obtained will be COBRA’s property. If any performance required of us is delayed, impaired or made more costly as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force majeure (including (but not limited to) fire, flood, storm, earthquake, tsunami, slide, subsidence, collapse, riot, war, violence or threat thereof, theft, terrorism, power surge or outage, epidemic, pandemic and governmental and regulatory actions) or other facts or circumstances beyond our reasonable control, we will be excused from such performance. You waive all statutes of limitations regarding our rights and remedies. 13. All amounts due hereunder but not timely paid will bear interest at the lesser of 18% per annum or the highest rate permitted under applicable law. You authorize us to charge all amounts coming due hereunder to any payment methods you provide (up to 150% of the new replacement cost of the Item(s)). You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the amount(s) actually paid by you and received by us hereunder for the Item(s) identified on P.1. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies. Time is of the essence. There are no third-party beneficiaries hereto other than the applicable Indemnitees. The terms of this Contract are severable. If any provision (t)hereof is deemed invalid or unenforceable by any court or arbitrator of competent jurisdiction, such provision will be deleted, and the remainder (t)hereof will remain valid and enforceable. This Contract, and any addenda we provide, each of which shall be deemed incorporated herein, represent(s) the entire agreement between you and COBRA, superseding all other agreements and representations (including our website and advertising) and cannot otherwise be amended or extended except in a writing signed by COBRA. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other Items you obtain from us at any time (except only as we may otherwise agree). 14. Your Lease is a “net” lease. Your obligations hereunder shall be absolute and unconditional and are not subject to any reduction, set-off, compensation, defense, counterclaim, crossclaim, interruption, deferment, or recoupment. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract or any other agreement(s) (“Other Contract(s)”) between you and any Indemnitee, and/or any of your obligations arising (t)hereunder or in connection (t)herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business; if COBRA deems itself insecure; or if any Leased Item(s) shall be lost, or damaged, you will be in DEFAULT hereunder and thereunder, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Leased Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, shut down, disassemble and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys’ fees, retrieval/repossession costs, collection costs and if civil fraud has occurred, punitive damages for civil fraud); and/or (vii) pursue any one or more other rights and/or remedies available (t)hereunder, at law and/or in equity, all of which are cumulative 15. This Contract shall be governed by and enforceable under the laws of Montana. Disputes arising in connection with the subject matter of this Contract, shall, at our option, be submitted to binding ARBITRATION in accordance with the Rules of the American Arbitration Association before a single arbitrator and in a location selected by COBRA. Judgment on the arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and exclusively in the federal, state, and local courts located in or nearest to, Flathead County, Montana (unless waived by COBRA). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. YOU HEREBY WAIVE: (A) YOUR RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER JOINT ACTION AGAINST COBRA; AND (B) YOUR RIGHT TO TRIAL BY JURY. This Contract: (i) is a true operating lease, and not a financing; (ii) is fair and reasonable; and (iii) shall bind and be enforceable by you, COBRA, and their respective insurers, subrogees, successors and permitted assigns. Digital, electronic, photocopied, and facsimiled signatures and initials appearing on this Contract will be deemed originals. 16. WARNING: Obtaining property available only for lease with the intent to avoid payment, and/or failing to timely return such property may be DEEMED THEFT, RESULTING IN CIVIL PENALTY(IES) AND/OR CRIMINAL PROSECUTION. See Montana Criminal Code §§45-6-301 et seq.