Rental Contract

EQUIPMENT RENTAL AGREEMENT

No operations are furnished, directly or indirectly with our equipment, or vehicles.

In consideration of hiring of the vehicles and/or equipment (herein 'the equipment') described on the front of this contract it is agreed as follows:

1. DEPOSIT. Renter acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of renter's obligations under this contract.

2. WARNING. The use of false or fictitious identification to obtain the equipment or the failure to return the equipment upon the expiration of this contract may be considered a theft, resulting in criminal prosecution.

3. POSSESSION/TITLE. Renter's right to possession of the equipment terminates on the return date indicated on the front of this contract of possession; after this date constitutes a material breach of this agreement. Tire is at the essence of this agreement. Any extension of this agreement must be agreed upon in writing prior to the equipment is shall remain in rental center. If the equipment is not returned earlier level agreed and for any reason whatsoever, rental center may create said items without further notice or legal process and we hereby force in ensuring all necessary to do so. Renter hereby agrees to indemnify, defend and hold rental center harmless from any and all claims and causes of action arising from such marketing. If equipment is leased upon, renter shall notify rental center immediately.

4. RECEIPT/INSPECTION OF EQUIPMENT. Renter hires the equipment on an "as is" basis. Renter acknowledges that he has personally inspected the equipment prior to its leaving rental center (regardless of point of delivery) and finds it suitable for his needs. Renter acknowledges receipt of all items listed in this agreement, free of any damages; he is good working order and repair and that he understands its proper operation and use without further instructions regarding operation and use from rental center. It is the Renter's responsibility to return the rental center any equipment damage that exists prior to taking possession of the equipment. Renter acknowledges that the renting entity makes no warranty regarding loss of equipment or theft and that Renter shall be the responsibility of the renter. Renter acknowledges that he has lost or had no opportunity to inspect all hitches, bolts, safety chains, handing equipment under devices and materials used to connect the equipment to renter's vehicle, if any, and renter disclaims that has received the equipment in a secure and operable condition.

5. SOLVENCY. Renter represents to rental center that he is not insolvent and should not become insolvent, that he will return all equipment to rental center immediately.

6. RENTAL PERIOD/RATE/PAYMENT. Rental period is for a maximum of twenty four (24) hours unless a longer term is specified in the "return date". Rental charges begin immediately upon delivery of the equipment to the location described by the renter or to renter equipment loading rental center, whichever exposed first. Rental charges cease upon return of the equipment to rental center in an acceptable condition. If the equipment is returned prior to the end of the minimum rental period, the rental due will be for the renter minimum rental period. Rental center may terminate rental a any time and declare the equipment without further notice in case of violation by renter of any term or condition of this agreement. Renter agrees to pay any collection costs and attorney's fees incurred in collection of this account or every charge not included. Rental rates are based upon single shift usage (8 hours per day, 5 days per week). If renter makes greater use of the equipment it is agreed that the additional usage will be charged.

7. REFUELING SERVICE CHARGE, ORDINARY WEAR AND TEAR. Renter acknowledges that a "Refueling Service Charge" will be applied for all equipment not returned full of fuel. The exact cost of the Refueling Service Charge may vary depending on the date Renter returns the equipment. Renter acknowledges that the Refueling Service Charge is not a retail sale of fuel. Renter avow the Refueling Service Charge it Renter returns the equipment with a full fuel tank. Ordinary wear and tear" shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage which is not "ordinary wear and tear" includes that is not limited to: excessive corrosion, overturning or improper operation, including overloading or exceeding the rated capacity of the equipment; damage to the bottom of the chassis, bearing, sealing, misuse, operation error or mishandling of any of the equipment or any part thereof; damage resulting from lack of fuel or lubrication; failure to maintain proper oil, water, hydraulic or air pressure levels; lack of cleaning; line damage; track damage. Renter shall be responsible for all damage not caused by ordinary wear and tear.

8. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Renter agrees not to use or allow anyone in use the equipment to any illegal purpose or any illegal manner. Renter acknowledges that rental center has no physical control over the use of the equipment. Renter agrees at his sole cost and expense with all inquiries or, comply again and federal laws, ordinances and regulations (including O.S.H.A.) within any apply to the use of the equipment during the rental period. Renter further agrees to pay for fines, fees, penalties or taxes arising from his use of the equipment, including any subsequently determined to be due as a result of an audit. Renter shall not allow any person not to be fully qualified to operate the equipment of not be the equipment. Renter shall not allow any person to use or operate the equipment when it is in need of repair or where it is in unsafe condition (including, missing, broken, harm or abuse of equipment) permit any repairs to the equipment without rental center's written permission, or, allow a lien to be placed upon the equipment. Renter agrees to notify them, all final levels, all paperwork and shall qualifiy inspect the equipment at least daily, and to discontinue, use and immediately notify rental center when equipment is found to need repair or maintenance. Renter acknowledges that rental center has no responsibility to inspect the equipment while it is in renter's possession. If the equipment becomes unsafe or requires repair, renter shall discontinue using it until ready rental center immediately.

9. RETURN OF EQUIPMENT. Renter agrees to return the equipment to rental center during regular business hours upon "return date" in as good condition as when received, ordinary wear and tear accepted. If the equipment is not returned in such condition, additional usage will be charged for the period during which the equipment cannot be rented because of necessary repairs.

10. PURCHASE ORDERS. The use of rosters purchase order number on this agreement is for renter's convenience and identification only.

11. SUBLETTING/LOCATION OF EQUIPMENT. Renter agrees not to sublet, loan or assign use equipment. Renter shall not move the equipment from the address at which renter represented it was to be used.

12. DISCLAIMER OF WARRANTIES. Rental center makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the equipment is fit for renter's particular intended use, or that it is free of latent defects. Rental center shall not be responsible to renter for any loss or lost damage or injury caused by, resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Rental center shall not be responsible for any defect in other unknown to rental center. Renter's sole remedy for any failure of defect in the equipment shall be termination of the rental charges at the time of either specified that renter resulted caused immediately of such failure and returns the equipment to rental center within twenty (24) hours of such failure.

13. DEFAULT. Should renter in any way fail to observe or comply with any provision of this agreement, rental center may, in its sole discretion, exercise any and all of the following remedies:

(a) Termination of this agreement. (b) Retake the equipment. (c) Declare any outstanding rent and charges due and payable and initiate legal action to recover the same. (d) Pursue any of the remedies available to rental center (exercise of any remedy available to rental center shall not constitute an election of remedies) or a waiver of any additional remedies to which rental center may be entitled).

14. RETENTION OF EQUIPMENT. If for any reason it becomes necessary for rental center to retain the equipment, rental center may retake the equipment without further notice or legal process.

15. ACCIDENTS, REPORTING AND INDEMNIFICATION. IN THE EVENT OF ANY ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING FROM USE OF THE EQUIPMENT WHILE IT IS IN RENTER'S POSSESSION, RENTER HEREBY EXPRESSLY AGREES TO ASSUME RESPONSIBILITY FOR HIMSELF, HIS OWN EMPLOYEES, AGENTS AND ASSIGNS SUCH ACCIDENT AND AGREES TO INDEMNIFY, DEFEND AND HOLD RENTAL CENTER HARMLESS FROM ANY CLAIM OR ACTION ARISING THEREFROM. RENTER AGREES TO NOTIFY RENTAL CENTER IMMEDIATELY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE NAMES, ADDRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION FROM ALL PARTIES INVOLVED AND ALL WITNESSES.

16. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of rental center to insist upon strict performance by renter as regards any provision of this agreement shall not be construed as a waiver of rental center's right to demand strict compliance with all other provisions of this agreement against renter in any other claim. The provisions of this agreement shall be severable and that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.

17. INSURANCE AND INSURANCE CERTIFICATE. Rental Center does not supply insurance for the equipment. Renter must insure the equipment for its full replacement value. A copy of the insurance certificate or other proof of insurance shall be provided to rental center in no way changes the obligation of the Renter to compensate rental center for the full new replacement value of the equipment.

18. DIESEL EXHAUST FLUID (DEF) Lessee agrees to return renter equipment full of (DEF) or be subject to pay rental center to fill tank(s).

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PARTS RETURN POLICY

NEW PARTS (Stock Items) (1) Returned within 30 days: 30% restocking fee will be charged (2) Returned after 30 days: 50% restocking fee will be charged (3) After 60 days: parts will NOT be accepted for return

NON-REFUNDABLE PARTS INCLUDE BUT ARE NOT LIMITED TO: (1) Items not new or not in new saleable condition (2) Items not in original package or opened sealed package (3) Items replaced or discontinued by manufacturer (4) Expendable items, including, but not limited to, gaskets, belts, filters, o-rings, hoses, electrical parts and any item with a list price of less than $20.00 (5) Any part that has been installed, cut to length or manufactured to customer's specifications (6) Any fluids or greases either in bulk or containers

Any and all returns must be accompanied by a receipt and must be approved by Parts Manager. Wakaimea Heavy Equipment, LLC ("WHE") reserves the right to reject any and all parts returned and to revoke acceptance of any parts found to be unacceptable after their return. Any returned part deemed unacceptable will be held for a period not exceeding 30 days to allow ample time for customer to advise WHE, in writing, as to the disposition to be made of the part. In the absence of such written advice, WHE will assume that the part is to be discarded and will assume no further responsibility for the part.