Monday, August 19, :25 PM Shao, Misara; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey. The Specialists Ltd - Blacklist (RM 8-19).

Transcription

1 Allen, Louise From: Sent: To: Subject: Attachments: Allen, Louise Monday, August 19, :25 PM Shao, Misara; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey RE: The Blacklist - Vendor agreement with "The Specialist" The Specialists Ltd - Blacklist (RM 8-19).doc This form is fine with Risk Mgmt if Legal, Safety et al have no issues with the SAFE Act. Here is the red line. I removed the date, changed the production entity name and corrected some of the noun verb conjugation errors but, otherwise, it is identical to what was signed for Us & Them last week. Thanks, Louise From: Shao, Misara Sent: Monday, August 19, :09 PM To: Allen, Louise Subject: RE: The Blacklist - Vendor agreement with "The Specialist" Very helpful. Shall we proceed with your form for The Blacklist then? Do you want to make further edits? It has been a slog, because so many depts. are involved due to impact from NY s SAFE Act. I wonder if he signed anything for Unforgettable will check with Sarah when I return to the office tomorrow. Thanks! From: Allen, Louise Sent: Monday, August 19, :54 AM To: Shao, Misara Subject: FW: The Blacklist - Vendor agreement with "The Specialist" He signed an amended Prop rental agreement for Us & Them. Attached for your reference. Louise 1

2 The Specialists Ltd - Blacklist (RM 8-19) Props Rental Terms and Conditions Reference is hereby made to that certain bid dated as of August, 2013 between The Specialists Ltd. ( Lessor ) and Woodridge Productions, Inc.Remote Broadcasting, Inc. ( Company ) attached hereto. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, Lessor and Company hereby agree to the following: 1. Indemnification. Company shall indemnify and hold harmless Lessor, Lessor's parent company and/or subsidiaries of Lessor ("Indemnitees") from any and all costs and/or expenses (including reasonable outside attorney's fees) arising from any claim of injury or property damage incurred by any third person or Lessor as a direct result of Company's sole negligence regarding the use of the Props. If any of the Indemnitees claim damage to the Props, Lessor shall submit to Company in writing no later than five (5) business days following the return of the Props to Lessor a detailed listing of all claimed damage thereto and Lessor shall permit Company to inspect the Props. 2. Assumption of Risk. From the time the Props isare in the care, custody & control of Company, until the Props areis returned to Lessor during normal business hours, Company assumes all risks of loss and responsibility for any damage Company causes to the Props through its sole negligence including but not limited to all risks and losses while in transit, while at locations, while in storage (excluding storage at Lessor's premises) and while on Company's premises, reasonable wear and tear excepted. 3. Use of Props. Company will take reasonable precautions in regard to the use of the Props to protect all persons and property from injury or damage. The Props shall be used only by Company's employees or agents qualified to use such Props. 4. Sublease. Company warrants that it will not sublease any of the Props without prior written consent from Lessor. 5. Warranty. Lessor represents and warrants that the Props isare in good repair and working order, and to the best of Lessor's knowledge, the Props haves no defects, and that Lessor is the owner of the Props. Lessor will indemnify Company for any breach of the foregoing representations and warranty. Company acknowledges that the Props areis leased without warranty or guarantee except as required by law and as described herein. 6. Insurance. Company (or its payroll Company in the case of [a] below) shall maintain, at its own cost and expense, at all times during the term of this agreement: (a) Workers' Compensation Insurance adequate to comply with all applicable statutory, regulatory and other legal requirements in the territory of use and Employer's Liability in an amount not less than $1,000,000; (b) Commercial General Liability Insurance in an amount of $1,000,000 per occurrence; $2,000,000 aggregate for Bodily Injury and Property Damage Liability. Such coverage shall include protection for premises/operations, contractual liability, products/completed operations and broad form property damage including care, custody and control; (c) Automobile Liability Insurance in an amount of $1,000,000 combined single limit for Bodily Injury and Property Damage to include owned, non-owned and hired vehicles; and (d) All Risk Property Coverage covering the Props valued at Actual Cash Value as well as Physical Damage to vehicles to include Comprehensive and Collision coverage. At Lessor's request, Company shall deliver valid certificates of insurance evidencing the insurance described above and including Lessor as an additional insured and loss payee as its interests may appear. 7. Repair and Replacement. Company shall be responsible to Lessor for reasonable replacement costs as listed on the invoices and determined by Lessor acting reasonably or reasonable repair costs, or reasonable repair costs of all Props which areis lost, stolen, or damaged while in the care, custody and control of Company as a result of Company's sole negligence in accordance with paragraph 2 above, reasonable wear and tear excepted, using the Actual Cash Value of the Props at the time of such loss. Prior to repairing the Props, Lessor shall submit to Company at least three estimates, including at least one estimate from a repair facility designated by Company. In the event the Props areis lost or stolen, Company shall file a police report. 8. Late Fees / Security Deposit. Late fees and/or interest on late payments shall not accrue until the applicable payment is overdue at least thirty (30) days. If Company gives Lessor a security deposit in connection with the Props, Lessor shall, prior to making any deductions from such deposit, submit to Company in writing a list of the reasons for and amounts of the intended deductions, and afford Company the opportunity to cure any default under the Agreement and repair damaged Props, if any. 9. Photography/Sound Recording Rights. All rights of every kind in and to all photographs and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded in connection

3 with the Props throughout the world in perpetuity) shall be and remain vested in Company, its successors, assigns and licensees, and neither Lessor nor any other party now or hereafter having an interest in the Props, shall have any right of action against Company or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Lessor or any other party now or hereafter having an interest in the Props, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings. 10. Miscellaneous. This Rental Agreement contains the full and complete understanding between the parties and supercedes all prior agreements and understandings pertaining to the subject matter hereof and cannot be modified except in writing signed by both parties. Lessor agrees, represents, and warrants that its sole and exclusive remedy for Company's breach of this agreement shall be through an action at law for monetary damages, if any. Lessor irrevocably waives any right to rescission, equitable, or injunctive relief for any claim, loss, or cost of any kind arising through or in connection with this agreement or the subject matter hereof. ACCEPTED AND AGREED TO: COMPANY: WOODRIDGE PRODUCTIONS, INC.REMOTE BROADCASTING, INC. By: Its: LESSOR: THE SPECIALISTS, LTD. By: Its: The Specialists Ltd - Blacklist (RM 8-19)

4 Allen, Louise From: Sent: To: Cc: Subject: Hilary Kehoe Monday, August 19, :04 PM Shao, Misara Allen, Louise; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda Re: The Blacklist - Vendor agreement with "The Specialist" Great, thank you! On Mon, Aug 19, 2013 at 1:36 PM, Shao, Misara <Misara_Shao@spe.sony.com> wrote: Hi Hilary, If this is the agreement we need to sign with Ryder Washburn, yes, it is still outstanding. We (several units of Sony) are working on a document for him to sign on this series as well as another. Will keep you posted. Thanks, Misara From: Hilary Kehoe [mailto:nyhilbo@gmail.com] Sent: Monday, August 19, :00 AM To: Shao, Misara; Allen, Louise; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda Subject: Fwd: The Blacklist - Vendor agreement with "The Specialist" Hi all, Just going through my s and not sure if this is still outstanding. Pls advise. Thanks! Forwarded message From: Leslie Gyson <LgYSON@earthlink.net> 1

5 Date: Mon, Aug 12, 2013 at 9:18 PM Subject: Fwd: The Blacklist - Vendor agreement with "The Specialist" To: Hilary Kehoe <nyhilbo@gmail.com> Hey Hilary - Please look at the whole chain below. Louise from Risk was following up with the agreement with The Specialist ( formerly Weapons Specialist). Then Misara updated everyone and I let them know you were now the key point person. Hope all is well. Leslie Begin forwarded message: From: "Shao, Misara" <Misara_Shao@spe.sony.com> Date: August 12, :39:46 PM EDT To: Leslie Gyson <LgYSON@EARTHLINK.NET> Cc: "Allen, Louise" <Louise_Allen@spe.sony.com>, "Luehrs, Dawn" <Dawn_Luehrs@spe.sony.com>, "Zechowy, Linda" <Linda_Zechowy@spe.sony.com>, "Barnes, Britianey" <Britianey_Barnes@spe.sony.com> Subject: RE: The Blacklist - Vendor agreement with "The Specialist" Thank you, Leslie! Yes, I believe it is ok to continue working with him. We had a conference call with him last week. We haven t signed any paperwork with him, still working out the language, but I d like to do that soon. Several departments are working on how best to comply with New York s new laws. Best, Misara From: Leslie Gyson [mailto:lgyson@earthlink.net] Sent: Monday, August 12, :38 PM To: Shao, Misara Cc: Allen, Louise; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey Subject: Re: The Blacklist - Vendor agreement with "The Specialist" 2

6 Hi Misara - Hilary Kehoe has taken over for me as POC of The Blacklist. Her is nyhilbo@gmail.com. I will forward her the s below. I remember when we pursuing this a few weeks back that you were about to have a more encompassing meeting with Ryder. It was my understanding we were ok to use him while this was being sorted out. Is there anything I can pass on to Hilary and our prop master about what the next step will be? Best, Leslie On Aug 12, 2013, at 5:06 PM, Shao, Misara wrote: We re still working on this. Nothing signed yet but glad you re asking. Is this Ryder Washburn s company? If so, Ryder was not willing to sign our standard Equipment Rental T&C. He wanted some add l language waiving his indemnity to us if liability is due to human error (actors not knowing how to use the gun). I, on the other hand, wanted to build in some language indemnifying us in the event his assurances of being exempt from New York s new SAFE Act turns out not to be true. From: Allen, Louise Sent: Monday, August 12, :00 PM To: Shao, Misara; 'LgYSON@EARTHLINK.NET' Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey Subject: RE: The Blacklist - Vendor agreement with "The Specialist" What happened with this vendor as another production is looking at using Weapons Specialists Ltd. ( Us & Them ). From: Shao, Misara Sent: Tuesday, July 23, :18 PM To: 'LgYSON@EARTHLINK.NET' 3

7 Allen, Louise From: Sent: To: Cc: Subject: Allen, Louise Monday, August 12, :13 PM Shao, Misara; Wasney, Cynthia; Kiefer, Sarah Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey RE: The Blacklist - Vendor agreement with "The Specialist" Thanks for the update Misara. Yes, I believe this is Ryder Washburn s company. I am adding Sarah & Cynthia to this as they are handling for your department for Us & Them. Sarah/Cynthia it appears the standard agreement that I sent out earlier today will not work in its present form. From: Shao, Misara Sent: Monday, August 12, :07 PM To: Allen, Louise; 'LgYSON@EARTHLINK.NET' Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey Subject: RE: The Blacklist - Vendor agreement with "The Specialist" We re still working on this. Nothing signed yet but glad you re asking. Is this Ryder Washburn s company? If so, Ryder was not willing to sign our standard Equipment Rental T&C. He wanted some add l language waiving his indemnity to us if liability is due to human error (actors not knowing how to use the gun). I, on the other hand, wanted to build in some language indemnifying us in the event his assurances of being exempt from New York s new SAFE Act turns out not to be true. From: Allen, Louise Sent: Monday, August 12, :00 PM To: Shao, Misara; 'LgYSON@EARTHLINK.NET' Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey Subject: RE: The Blacklist - Vendor agreement with "The Specialist" What happened with this vendor as another production is looking at using Weapons Specialists Ltd. ( Us & Them ). From: Shao, Misara Sent: Tuesday, July 23, :18 PM To: 'LgYSON@EARTHLINK.NET' Cc: Allen, Louise; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Shao, Misara Subject: Re: The Blacklist - Vendor agreement with "The Specialist" No, it sounds like you need it sooner. However, on Friday's conference call, we need to discuss with Ryder the NY laws on firearm usage in film and TV. His main concern is that he thinks firearm malfunction is sometimes due to the actor, what he calls user error and he doesn't want to agree that that constitutes equipment failure. So I'm going to add in some language and see if it assuages his concern. From: Leslie Gyson <LgYSON@EARTHLINK.NET> To: Shao, Misara Sent: Tue Jul 23 19:29: Subject: Re: The Blacklist - Vendor agreement with "The Specialist" Should we wait til Friday to finalize an agreement? 1

8 Leslie Gyson Production Coordinator "The Blacklist" Chelsea Piers, Pier 62, Suite 305 New York, NY (646) (o) (917) (c) On Jul 23, 2013, at 8:01 PM, Shao, Misara wrote: Ryder called back. We discussed the changes he wants to paragraph 6. We will turn around a new redline tomorrow for his review. Plus, Sony has arranged a conference call with Ryder on Friday. Thanks. From: Leslie Gyson [mailto:lgyson@earthlink.net] Sent: Tuesday, July 23, :11 PM To: Shao, Misara Subject: Re: The Blacklist - Vendor agreement with "The Specialist" Ok. Great. Thanks for the effort. Hopefully you will hook up tomorrow. Best, Leslie Leslie Gyson Production Coordinator "The Blacklist" Chelsea Piers, Pier 62, Suite 305 New York, NY (646) (o) (917) (c) lgyson@earthlink.net On Jul 23, 2013, at 7:07 PM, Shao, Misara wrote: I called, he was out of the office. Left message with my contact info. Thanks. From: Leslie Gyson [mailto:lgyson@earthlink.net] Sent: Tuesday, July 23, :43 PM To: Shao, Misara Subject: Re: The Blacklist - Vendor agreement with "The Specialist" Oh great. Thank you. It's just that he really is the only game in town and our Prop Master is having a show & tell with production on Thursday so he needs to get things out from them. 2

9 Leslie Gyson Production Coordinator "The Blacklist" Chelsea Piers, Pier 62, Suite 305 New York, NY (646) (o) (917) (c) On Jul 23, 2013, at 6:17 PM, Shao, Misara wrote: I ve gotten the go-ahead to call Ryder I ll do that now. From: Shao, Misara Sent: Tuesday, July 23, :12 PM To: 'Leslie Gyson' Subject: RE: The Blacklist - Vendor agreement with "The Specialist" Hi Leslie, I ve been informed by our Safety & Security department that a conference call is being set up with Ryder this coming Friday, as this issue affects not just The Blacklist but also other Sony productions in New York. So, for your purposes on our production, can this wait until Friday or do you need me to call him right away? I kind of think Safety & Security wants me to wait but if this is urgent for our production needs, I will let them know. Please advise (and if you need to check with Laura Benson on this, please do so). Thank you! Misara From: Leslie Gyson [mailto:lgyson@earthlink.net] Sent: Tuesday, July 23, :23 PM To: Shao, Misara Subject: The Blacklist - Vendor agreement with "The Specialist" Hi Misara - I sent the standard Equipment Rental Terms and Conditions to the vendor we all use for weapons rental, The Specialist. Used to be called Weapons Specialist. The contact there, Ryder, said he had a couple of questions and wanted to change some wording. I thought I would see an from him spelling it out but as we are at the end of the day i wondered if you would mind calling him to straighten it out? Thank you so much. Best, Leslie Leslie Gyson Production Coordinator 3

10 Allen, Louise From: Sent: To: Subject: Attachments: Allen, Louise Tuesday, July 23, :46 AM Shao, Misara; Gina Roche; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda RE: The Blacklist Agreement / Weapons Specialist Weapons Specialist Ltd - BL (L&RM).pdf Paragraph 1 change is fine with Risk Mgmt as well. Paragraph 6 should remain in the agreement but can be revised. As Misara noted, we need particulars on the changes sought. Paragraph 8 OK to remove word reasonable and change actual cost to replacement cost re: equipment. Production, if you will be renting any vehicles, they we would have to reinsert actual cost solely as respects the vehicles. See attached mark up. Thanks, Louise From: Shao, Misara Sent: Tuesday, July 23, :06 AM To: Gina Roche; Luehrs, Dawn; Allen, Louise; Barnes, Britianey; Zechowy, Linda Cc: Shao, Misara Subject: FW: The Blacklist Agreement / Weapons Specialist Hi Gina, The change to paragraph 1 is ok Risk Management, do you agree? The proposed change to paragraph 6 is difficult, and I think they d need to submit the rewording RM, what do you think? The third item I will defer to Risk Management. Thanks, Misara From: Gina Roche [mailto:ginajonesroche@yahoo.com] Sent: Tuesday, July 23, :37 AM To: Shao, Misara; Luehrs, Dawn; Allen, Louise; Barnes, Britianey; Zechowy, Linda Subject: Fw: The Blacklist Agreement / Weapons Specialist Hi all, Please see the below changes that Weapons Specialist Ltd is asking us to make on the standard Equipment Agreement that I sent him: Changes needed: Item 1) days needs to be business days Item 6) needs to be removed or heavily reworded 1

11 Item 8) remove word reasonable and actual cash value needs to be replaces with Replacement Value as stated and scheduled by invoice. Please advise. Thanks! Gina Roché Asst. Production Coordinator "The Blacklist" Chelsea Piers, Pier 62, Suite 305 New York, NY (C) Forwarded Message From: Ryder Washburn To: 'Gina Roche' Sent: Tuesday, July 23, :24 AM Subject: RE: The Blacklist Agreement Changes needed: Item 1) days needs to be business days Item 6) needs to be removed or heavily reworded Item 8) remove word reasonable and actual cash value needs to be replaces with Replacement Value as stated and scheduled by invoice. Thank you, Ryder 2

12 Equipment Rental Terms and Conditions 1. Indemnification. Company shall indemnify and hold harmless Lessor, Lessor's parent company and/or subsidiaries of Lessor ("Indemnitees") from any and all costs and/or expenses (including reasonable outside attorney's fees) arising from any claim of injury or property damage incurred by any third person or Lessor as a direct result of Company's sole negligence regarding the use of the Equipment. If any of the Indemnitees claim damage to the Equipment, Lessor shall submit to Company in writing no later than five (5) days following the return of the Equipment to Lessor a detailed listing of all claimed damage thereto and Lessor shall permit Company to inspect the Equipment. 2. Assumption of Risk. From the time the Equipment is in the care, custody & control of Company, until the Equipment is returned to Lessor during normal business hours, Company assumes all risks of loss and responsibility for any damage Company causes to the Equipment through its sole negligence including but not limited to all risks and losses while in transit, while at locations, while in storage (excluding storage at Lessor's premises) and while on Company's premises, reasonable wear and tear excepted. 3. Use of Equipment. Company will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The Equipment shall be used only by Company's employees or agents qualified to use such Equipment. 4. Sublease. Company warrants that it will not sublease any of the Equipment without prior written consent from Lessor. 5. Warranty. Lessor represents and warrants that the Equipment is in good repair and working order, and to the best of Lessor's knowledge, the Equipment has no defects, and that Lessor is the owner of the Equipment. Lessor will indemnify Company for any breach of the foregoing representations and warranty. Company acknowledges that the Equipment is leased without warranty or guarantee except as required by law and as described herein. 6. Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced Equipment Rental Terms and Conditions v4

13 rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated. 7. Insurance. Company (or its payroll Company in the case of [a] below) shall maintain, at its own cost and expense, at all times during the term of this agreement, the following insurance, which policies shall include a provision that should any of the below described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.: (a) Workers' Compensation Insurance adequate to comply with all applicable statutory, regulatory and other legal requirements in the territory of use and Employer's Liability in an amount not less than $1,000,000; (b) Commercial General Liability Insurance in an amount of $1,000,000 per occurrence; $2,000,000 aggregate for Bodily Injury and Property Damage Liability. Such coverage shall include protection for premises/operations, contractual liability, products/completed operations and broad form property damage including care, custody and control; (c) Automobile Liability Insurance in an amount of $1,000,000 combined single limit for Bodily Injury and Property Damage to include owned, non-owned and hired vehicles as well as coverage for Physical Damage to vehicles to include Comprehensive and Collision coverage; and (d) All Risk Property Coverage covering the Equipment valued at Actual Cash Value. At Lessor's request, Company shall deliver valid certificates of insurance evidencing the insurance described above and including Lessor as an additional insured and loss payee as its interests may appear. 8. Repair and Replacement. Company shall be responsible to Lessor for reasonable replacement costs, or reasonable repair costs of all Equipment which is lost, stolen, or damaged while in the care, custody and control of Company as a result of Company's sole negligence in accordance with paragraph 2 above, reasonable wear and tear excepted, using the Actual Cash Value of the Equipment at the time of such loss. Prior to repairing the Equipment, Lessor shall submit to Company at least three estimates, including at least one estimate from a repair facility designated by Company. In the event the Equipment is lost or stolen, Company shall file a police report. 9. Late Fees / Security Deposit. Late fees and/or interest on late payments shall not accrue until the applicable payment is overdue at least thirty (30) days. If Company gives Lessor a security deposit in connection with the Equipment, Lessor shall, prior to making any deductions from such deposit, submit to Company in writing a list of the reasons for and amounts of the intended deductions, and afford Company the opportunity to cure any default under the Agreement and repair damaged Equipment, if any. 10. Photography/Sound Recording Rights. All rights of every kind in and to all photographs and sound recordings made hereunder (including, but not limited to, the right to exhibit any and all scenes photographed or recorded in connection with the Equipment Equipment Rental Terms and Conditions v4

14 throughout the world in perpetuity) shall be and remain vested in Company, its successors, assigns and licensees, and neither Lessor nor any other party now or hereafter having an interest in the Equipment, shall have any right of action against Company or any other party arising out of any use of said photographs and/or sound recordings whether or not such use is, or may be claimed to be defamatory, untrue, or censurable in nature and Lessor or any other party now or hereafter having an interest in the Equipment, hereby waives any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of any such photography or sound recordings. 11. Miscellaneous. This Rental Agreement contains the full and complete understanding between the parties and supersedes all prior agreements and understandings pertaining to the subject matter hereof and cannot be modified except in writing signed by both parties. Lessor agrees, represents, and warrants that its sole and exclusive remedy for Company's breach of this agreement shall be through an action at law for monetary damages, if any. Lessor irrevocably waives any right to rescission, equitable, or injunctive relief for any claim, loss, or cost of any kind arising through or in connection with this agreement or the subject matter hereof. ACCEPTED AND AGREED TO: COMPANY LESSOR By: By: Its: Its: Equipment Rental Terms and Conditions v4