Allen, Louise From: Sent: To: Cc: Subject: Allen, Louise Tuesday, May 21, 2013 5:28 PM Amid, Farhad; Think Like A Man 2 Accounting Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Zechowy, Linda; Romberg, Chris; Pina, Jill RE: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor - National Barricade Was this signed? If so, please email a signed copy for our files. Thanks, Louise From: Amid, Farhad Sent: Tuesday, May 07, 2013 2:16 PM To: Allen, Louise; Think Like A Man 2 Accounting; Calabrese, Kate Cc: Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Zechowy, Linda; Romberg, Chris; Pina, Jill Subject: RE: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor - National Barricade Just a few comments. I ve added mine to RM s. Thanks. From: Allen, Louise Sent: Tuesday, May 07, 2013 10:37 AM To: Think Like A Man 2 Accounting; Amid, Farhad; Calabrese, Kate Cc: Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Zechowy, Linda; Romberg, Chris Subject: RE: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor - National Barricade See comments from Risk Mgmt. Please wait for additional comments from Legal. Please forward a copy of the Delivery & Return Order referenced in paragraph 4 for our review as well. Thanks, Louise From: Think Like A Man 2 Accounting Sent: Monday, May 06, 2013 4:39 PM To: Amid, Farhad; Calabrese, Kate Cc: Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Allen, Louise; Zechowy, Linda; Romberg, Chris Subject: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor Attached please find the Rental Agreement for a vendor we would like to use in Las Vegas. We will be using this vendor for on set barricade rental during the filming of Think Like A Man 2. Please let us know if you need any additional information. Thank you, 1
National Barricade Company Rental Terms 1. The term Lessor as used hereinafter shall refer to National Barricade Company. The term Lessee and or Customer as used hereinafter shall refer to the client renting the equipment whether it is a person, company, or corporation. 2. All sums due upon the account shall be due and payable 30 days from date of invoice. Past due amounts shall bear interest at a rate of 1.5% per month. 3. If the account is turned over to a collection agency or an attorney for collection, reasonable collection and reasonable outside attorney s fees and costs may be charged thereupon, whether or not suit is brought. The Lessee agrees to be responsible for these fees and costs. 4. The terms and conditions under which equipment may be rented to the Customer are those set forth in this document and in the Delivery and Return Orders. In the event there is a conflict in the language of these documents, the terms of this Agreement shall prevail. Formatted: Highlight 5. Lessor shall give Customer a delivery or pick up number at time such order is placed. Lessor shall not be required to obtain written purchase order or other written designation authorizing any employee or agent ofr Customer to pick up equipment on behalf of Customer s account and Customer shall be responsible for all equipment rentals made in good faith by Lessor to or on behalf of customer s account. 6. Customer shall promptly report to Lessor all accidents involving rented equipment, whether or not injury to property or person results. 7. Customer shall be responsible for payment regardless of whether Nevada Preliminary Notice has been filled, or whether or not the Customer has been paid by the owner or primary contractor. The filing of the Nevada Preliminary Notice is for the protection of the Customer of prompt payment within allowable terms as stated on the invoice. Should Lessor collect from the primary contractor or owner of a project, by the filing of a lien, the Customer will refund any amount over the amount due to Lessor by the Customer. Customer acknowledges that Lessor may, from time to time and within its sole discretion, issue a preliminary notice concerning the use of rented equipment upon any construction project and agrees to provide, upon request, information to Lessor concerning the job sites upon which rented equipment is to be or may have been used. 8. Except if due to the negligence or willful misconduct of Lessor, Customer agrees that in the event any of the rented equipment is lost or destroyed before its return, to promptly pay in full market replacement value of said rented equipment, or if it is damaged or injured in any way, to pay an amount equal to the lesser of the reasonable cost of repairing the same or the full replacement value of same. Customer agrees to take good and reasonable care of all equipment rented pursuant to these terms and to use the equipment in a proper manner. 9. Calling in for a pick-up does not relieve Customer of their responsibility for protecting and preserving the rented equipment. 10. The terms stated herein shall remain in force if for any reason the rented equipment described herein is exchanged for another piece of equipment by Lessor. 11. Prices subject to change by Lessor from time to time during the terms of the Credit Account, applicable to all rental Customers, whether or not published or known in advance to Customer. 12. Except if due to the negligence or willful misconduct of Lessor, Customer releases Lessor from any and all claims for damage to Customer, by reason of the use and placement ofr rented equipment and to andagrees to indemnify Lessor from any and all claims for damage to any person or property by reason of the use and placement of said equipment by Lessee or any other person from the date of rental until said equipment is returned to Lessor. 13. Equipment shall not be removed without the express written permission of Lessor. 14. Rental day is any part of a 24 hour period beginning at 12:01 A.M. until 12:00 P.M. (midnight). Rentals will be charged on a time-out - time-in basis, whether or not equipment is actually used. The rental charge is strictly based on a per day possession basis. 15. All material rented by Lessor are to be inspected before shipment or pick-up by customer and should any such materials prove defective due to faults in manufacture, or fail to meet any written specifications, Customer shall not return the goods, but shall contact Lessor immediately stating full particulars in support of its claim, and Lessor will either replace the goods upon return of the defective or unsatisfactory material, or adjust the matter fairly and promptly, by rental credit, but under no
circumstances shall the Lessor be obligated for consequential or other damages, losses or expenses in connection with, or by reason of, the use of, or inability to use, materials rented for any purposes. 16. Credit is at the sole discretion of Lessor. Lessor may terminate the open account for any reason or other merchandise at any time. 17. Customer acknowledges that the rental commences as of the date and time hereof and ends only when the rented equipment is returned to Lessor under the terms stated herein. Should said equipment not be returned to Lessor at the time specified as herein stated, Customer agrees to pay rent for all additional time beyond that when the same is due, at the rate herein above specified. 18. Lessor will not be liable for any delay in the performance of orders or rental contracts, in the delivery of shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is directly or indirectly caused by, or in any manner, arises from, flood, fires, accidents, civil unrest, acts of God, war, government interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these herein before specified) beyond its control. 19. Customer acknowledges that equipment is fully fueled when rented (if applicable), and will pay for any fuel replacement required when the equipment is returned (if applicable). 20. Customer shall be responsible for determining the good operating condition of all equipment prior to receiving the same and NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN CONTRACT OF PURCHASE OR ACKNOWLEDGEMENT OR ORDER; IF, NOT IN SUCH CASE SUCH WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED. Notwithstanding the foregoing, Lessor represents and warrants that it has maintained the equipment in a reasonable manner and that the equipment has no latent or patent defects of which Lessor is aware or should be aware of upon reasonable inspection. 21. Customer agrees to pay all applicable taxes as imposed upon Lessor for the use of the rented equipment by Customer. 22. No option or right to purchase said equipment is granted by this contract as ownership of rented equipment shall remain the Lessor s. 23. The Contract terms between the Lessor and Customer, set forth in these Rental Terms, are several provisions and should any provision hereof be found unenforceable as a matter of law, all other remaining provisions shall remain in full force and effect between Lessor and Customer. 24. Customer agrees to notify Lessor if rented equipment fails to properly operate, at the time the failure is first observed. Customer agrees to inspect to their satisfaction all equipment before accepting the same. Except if due to the negligence or willful misconduct of Lessor, Customer assumes all risk of damage or injury occasioned by any equipment defect whatsoever and agrees to hold Lessor harmless from any and all claims for damages to any person or property by reason of the use of said rented equipment by Lessee or any other person from the date of rental until said equipment is returned to Lessor. 25. Equipment may not be sublet without the express prior written consent of Lessor. 26. Lessor agrees to service all units when required on regularly scheduled service routes, unless other arrangements are made between Lessor and the Customer and further agrees to replace all stolen or damaged parts or units upon reasonable notice being received by Lessor from the Customer and to do so as promptly as possible. Lessor, however, assumes no responsibility for the placement of the equipment after Lessor s employees have left the job site. 27. This 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 Customer 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. 26. Once you have read the terms of service please sign your name and date this form acknowledging that you understand and agree to our terms of service. Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering Formatted: Indent: Left: 0.5", No bullets or numbering
Company Name Date Signature Print Name, Title
Allen, Louise From: Sent: To: Cc: Subject: Attachments: Allen, Louise Tuesday, May 07, 2013 1:37 PM Think Like A Man 2 Accounting; Amid, Farhad; Calabrese, Kate Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Zechowy, Linda; Romberg, Chris RE: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor - National Barricade National Barricade Co - TLAM (RM).doc See comments from Risk Mgmt. Please wait for additional comments from Legal. Please forward a copy of the Delivery & Return Order referenced in paragraph 4 for our review as well. Thanks, Louise From: Think Like A Man 2 Accounting Sent: Monday, May 06, 2013 4:39 PM To: Amid, Farhad; Calabrese, Kate Cc: Barnes, Britianey; Luehrs, Dawn; Wattles, Carole; Brown, Nicholas; Allen, Louise; Zechowy, Linda; Romberg, Chris Subject: Think Like A Man 2 - Rental Agreement for Review - Las Vegas Vendor Attached please find the Rental Agreement for a vendor we would like to use in Las Vegas. We will be using this vendor for on set barricade rental during the filming of Think Like A Man 2. Please let us know if you need any additional information. Thank you, Amy Amy Green 2 nd Assistant Accountant Screen Gems Productions, Inc. Think Like A Man 2 1
National Barricade Company Rental Terms 1. The term Lessor as used hereinafter shall refer to National Barricade Company. The term Lessee and or Customer as used hereinafter shall refer to the client renting the equipment whether it is a person, company, or corporation. 2. All sums due upon the account shall be due and payable 30 days from date of invoice. Past due amounts shall bear interest at a rate of 1.5% per month. 3. If the account is turned over to a collection agency or an attorney for collection, reasonable collection and reasonable outside attorney s fees and costs may be charged thereupon, whether or not suit is brought. The Lessee agrees to be responsible for these fees and costs. 4. The terms and conditions under which equipment may be rented to the Customer are those set forth in this document and in the Delivery and Return Orders. In the event there is a conflict in the language of these documents, the terms of this Agreement shall prevail. Formatted: Highlight 5. Lessor shall give Customer a delivery or pick up number at time such order is placed. Lessor shall not be required to obtain written purchase order or other written designation authorizing any employee or agent ofr Customer to pick up equipment on behalf of Customer s account and Customer shall be responsible for all equipment rentals made in good faith by Lessor to or on behalf of customer s account. 6. Customer shall promptly report to Lessor all accidents involving rented equipment, whether or not injury to property or person results. 7. Customer shall be responsible for payment regardless of whether Nevada Preliminary Notice has been filled, or whether or not the Customer has been paid by the owner or primary contractor. The filing of the Nevada Preliminary Notice is for the protection of the Customer of prompt payment within allowable terms as stated on the invoice. Should Lessor collect from the primary contractor or owner of a project, by the filing of a lien, the Customer will refund any amount over the amount due to Lessor by the Customer. Customer acknowledges that Lessor may, from time to time and within its sole discretion, issue a preliminary notice concerning the use of rented equipment upon any construction project and agrees to provide, upon request, information to Lessor concerning the job sites upon which rented equipment is to be or may have been used. 8. Except if due to the negligence or willful misconduct of Lessor, Customer agrees that in the event any of the rented equipment is lost or destroyed before its return, to promptly pay in full market replacement value of said rented equipment, or if it is damaged or injured in any way, to pay an amount equal to the lesser of the reasonable cost of repairing the same or the full replacement value of same. Customer agrees to take good and reasonable care of all equipment rented pursuant to these terms and to use the equipment in a proper manner. 9. Calling in for a pick-up does not relieve Customer of their responsibility for protecting and preserving the rented equipment. 10. The terms stated herein shall remain in force if for any reason the rented equipment described herein is exchanged for another piece of equipment by Lessor. 11. Prices subject to change by Lessor from time to time during the terms of the Credit Account, applicable to all rental Customers, whether or not published or known in advance to Customer. 12. Except if due to the negligence or willful misconduct of Lessor, Customer releases Lessor from any and all claims for damage to Customer, by reason of the use and placement ofr rented equipment and to andagrees to indemnify Lessor from any and all claims for damage to any person or property by reason of the use and placement of said equipment by Lessee or any other person from the date of rental until said equipment is returned to Lessor. 13. Equipment shall not be removed without the express written permission of Lessor. 14. Rental day is any part of a 24 hour period beginning at 12:01 A.M. until 12:00 P.M. (midnight). Rentals will be charged on a time-out - time-in basis, whether or not equipment is actually used. The rental charge is strictly based on a per day possession basis. 15. All material rented by Lessor are to be inspected before shipment or pick-up by customer and should any such materials prove defective due to faults in manufacture, or fail to meet any written specifications, Customer shall not return the goods, but shall contact Lessor immediately stating full particulars in support of its claim, and Lessor will either replace the goods upon return of the defective or unsatisfactory material, or adjust the matter fairly and promptly, by rental credit, but under no
circumstances shall the Lessor be obligated for consequential or other damages, losses or expenses in connection with, or by reason of, the use of, or inability to use, materials rented for any purposes. 16. Credit is at the sole discretion of Lessor. Lessor may terminate the open account for any reason or other merchandise at any time. 17. Customer acknowledges that the rental commences as of the date and time hereof and ends only when the rented equipment is returned to Lessor under the terms stated herein. Should said equipment not be returned to Lessor at the time specified as herein stated, Customer agrees to pay rent for all additional time beyond that when the same is due, at the rate herein above specified. 18. Lessor will not be liable for any delay in the performance of orders or rental contracts, in the delivery of shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is directly or indirectly caused by, or in any manner, arises from, flood, fires, accidents, civil unrest, acts of God, war, government interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these herein before specified) beyond its control. 19. Customer acknowledges that equipment is fully fueled when rented (if applicable), and will pay for any fuel replacement required when the equipment is returned (if applicable). 20. Customer shall be responsible for determining the good operating condition of all equipment prior to receiving the same and NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN CONTRACT OF PURCHASE OR ACKNOWLEDGEMENT OR ORDER; IF, NOT IN SUCH CASE SUCH WARRANTY OR GUARANTEE IS LIMITED AS ABOVE PROVIDED. 21. Customer agrees to pay all applicable taxes as imposed upon Lessor for the use of the rented equipment by Customer. 22. No option or right to purchase said equipment is granted by this contract as ownership of rented equipment shall remain the Lessor s. 23. The Contract terms between the Lessor and Customer, set forth in these Rental Terms, are several provisions and should any provision hereof be found unenforceable as a matter of law, all other remaining provisions shall remain in full force and effect between Lessor and Customer. 24. Customer agrees to notify Lessor if rented equipment fails to properly operate, at the time the failure is first observed. Customer agrees to inspect to their satisfaction all equipment before accepting the same. Except if due to the negligence or willful misconduct of Lessor, Customer assumes all risk of damage or injury occasioned by any equipment defect whatsoever and agrees to hold Lessor harmless from any and all claims for damages to any person or property by reason of the use of said rented equipment by Lessee or any other person from the date of rental until said equipment is returned to Lessor. 25. Equipment may not be sublet without the express prior written consent of Lessor. 26. Lessor agrees to service all units when required on regularly scheduled service routes, unless other arrangements are made between Lessor and the Customer and further agrees to replace all stolen or damaged parts or units upon reasonable notice being received by Lessor from the Customer and to do so as promptly as possible. Lessor, however, assumes no responsibility for the placement of the equipment after Lessor s employees have left the job site. Once you have read the terms of service please sign your name and date this form acknowledging that you understand and agree to our terms of service. Company Name Date Signature
Print Name, Title