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MISC EQUIP/PROPSSETS, WARD/3RD PARTYPROP DMG/VEH PHYS DMG
CA 6404746-03 11/1/2013
KZK PROJECT
THE CERTIFICATE HOLDER IS HEREBY PROVIDED WITH EVIDENCE OF LIABILITY COVERAGE AND IS ADDED AS AN ADDITIONALINSURED AND/OR LOSS PAYEE, AS APPLICABLE, BUT ONLY AS RESPECTS PREMISES/VEHICLES AND EQUIPMENTLEASED/RENTED BY THE NAMED INSURED IN CONNECTION WITH THE FILMING ACTIVITIES OF THE PRODUCTION ENTITLED “KZKPROJECT”.
11/1/2014
A- LOCKTON COMPANIES, INC.1185 AVENUE OF THE AMERICAS, STE. 2010, NY, NY 10036B- AON/ALBERT G. RUBEN & CO., INC.15303 VENTURA BL., SUITE 1200, SHERMAN OAKS, CA
MPT 07109977 8/1/2013 8/1/2014 $1,000,000 LIMITB
MESQUITE PRODUCTIONS, INC.
599 WEST MOWRY DRHOMESTEAD, FL 33030
CLL 6404745-03 11/1/2013 11/1/2014
1,000,000
1,000,000
2,000,0001,000,000
10,0001,000,0001,000,000
XX
X
X
X
A
A
FIREMAN’S FUND INSURANCE COMPANYTOKIO MARINE AMERICAN INSURANCE
102516
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
INSURED
CONTACTNAMEPHONE(A/C, No, Ext):
FAX(A/C, No):
E-MAILADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE ADDL
INSR POLICY NUMBERSUBRWVD (MM/DD/YYYY)
POLICY EFF(MM/DD/YYYY)POLICY EXP LIMITS
EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)PROPERTY DAMAGE(Per accident)
EACH OCCURRENCE
AGGREGATE
WC STATU-TORY LIMITS
OTH-ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN’L AGGREGATE LIMIT APPLIES PER:
LOCPOLICYPRO-JECT
ANY AUTO
AUTOMOBILE LIABILITY
ALL OWNED SCHEDULED
HIRED AUTOSNON-OWNED
EXCESS LIABOCCUR
CLAIMS-MADE
DED RETENTION $WORKERS COMPENSATION
UMBRELLA LIAB
Y / NN / A
AND EMPLOYERS’ LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD© 1988-2010 ACORD CORPORATION. All rights reserved.
AUTOS AUTOS
AUTOS
4/09/2014
Mobile Mini Inc
7420 South Kyrene Road, Suite 1010!Tempe, Arizona 85823!
1
Allen, Louise
From: chris kocses [[email protected]]Sent: Thursday, April 10, 2014 12:48 PMTo: Herrera, Terri; Allen, LouiseCc: Wasney, Cynthia; Luehrs, Dawn; Zechowy, Linda; Barnes, BritianeySubject: Re: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**Attachments: Mobile Mini Inc_Fully Executed Agreement_040914.pdf; Mobile Mini Inc_Cert040914.pdf
Hi Everyone, Attached please find the fully executed agreement between Mesquite Productions Inc and Mobile Mini Inc. Any questions please contact me. Thanks! Chris Kocses Production Secretary "Untitled KZK Project" Mesquite Productions Inc. 305.242.0019 - O 305.242.0020 - F On Thursday, April 10, 2014 12:45 PM, "Herrera, Terri" <[email protected]> wrote: Chris, I spoke to Louise this morning to let her know that Mobile Mini agreed to sign our Equipment Rental Agreement instead of using their form. Please forward executed agreement, when available. Thanks, Terri From: Allen, Louise Sent: Wednesday, April 09, 2014 7:33 PM To: chris kocses Cc: Wasney, Cynthia; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, Terri Subject: FW: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** Rec'd your voicemail msg Chris. The mark-up was attached but am re-sending anyway. I'm going to take a closer look at the insur requirements in the a.m. and will add any additional wording required. Thanks, Louise Allen Risk Management T: (519) 273-3678
1
Allen, Louise
From: Allen, LouiseSent: Thursday, April 10, 2014 12:18 PMTo: 'chris kocses'; '[email protected]'; Coss, Renee; Pamela Holdridge;
[email protected]; RICHARD PECORACc: Wasney, Cynthia; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, TerriSubject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**Attachments: Mobile Mini_Terms&Conditions - Unt KZK (RM)(Revised).pdf
I revised the wording in paragraph 4 to conform with the insurance requirements of the vendor. Please use this revised mark‐up.
Thanks, Louise Allen Risk Management T: (519) 273-3678
From: Allen, Louise Sent: Wednesday, April 09, 2014 10:33 PM To: chris kocses Cc: Wasney, Cynthia; Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Herrera, Terri Subject: FW: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**
Rec'd your voicemail msg Chris. The mark-up was attached but am re-sending anyway. I'm going to take a closer look at the insur requirements in the a.m. and will add any additional wording required.
Thanks,
Louise Allen
Risk Management
T: (519) 273-3678
From: Allen, Louise Sent: Wednesday, April 09, 2014 12:26 PM To: '[email protected]' Cc: chris kocses; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney, Cynthia; Coss, Renee; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**
, except if due to the negligence or willfulmisconduct of MMI, its agents or employees.
, except if due to the negligence orwillful misconduct of MMI, its agentsor employees.
, except if due tothe negligence orwillful misconductof MMI, its agentsor employees.
or
as
as received,reasonablewear and tear excepted.
related to your useor possession
reasonable outside
Except if due to the negligence or willful misconduct of the MMIRelated Parties,
. Notice of cancellation shall beprovided in accordance with policyprovisions. Customer's liability policyshall be primary and non-contributoryin accordance with the indemnityprovisions herein. For claims for whichCustomer is liable hereunder,Customer shall be responsible for anydeductibles or self-insured retentionsunder its policies.
reasonable outside
CERTIFICATE OF INSURANCE REQUIREMENTS FOR CUSTOMERS FOR ELIGIBILITY TO DECLINE LLW AND/OR FOR RENTAL OF TRAILERS THAT WILL BE USED ON ROAD
• All certificates of insurance (COI) must be validated by a Mobile Mini Accounts Receivable (A/R) representative. • These requirements do not apply to self-insurance statements, which will be validated on a case-by-case basis. • Loss Limitation Waiver (LLW): With the exception of on-road trailer rentals, certificates are not required from
customers who purchase Mobile Mini’s LLW. LLW will be charged if a validated COI is not on file. If a criterion specifies “on-road trailer rentals only”, it is not required to decline LLW.
• On-Road Trailer Rentals: All criteria apply. An on-road trailer rental is defined as; a rental where any party other than Mobile Mini may transport a Mobile Mini rental trailer on-road, for any distance, at any time during the rental, even if transport is only between a Mobile Mini branch and the site the trailer will be used.
• All or any part of this document may be provided to a customer or insurance carrier.
CERTIFICATE OF INSURANCE (COI) REQUIREMENTS CHECKLIST:
Note: Criterion numbers correspond with box numbers on the next page.
1. Insurance Carrier (on-road trailer rentals only): The insurance carrier must carry an AM Best Rating of B+ or above.
2. Insured: The “insured” must be the same name as our customer. Note 1: The only exception in regard to on-road trailer rentals is; if a non-commercial customer is hiring an outside transportation company and states that no one else will transport the equipment on-road, we will accept a COI from the transportation company. Note 2: A DBA is acceptable if our customer’s name is included.
3. Policy Expiration Date: Must be current.
4. General Liability Coverage: Coverage of at least $1,000,000 per occurrence.
5. Property Coverage Evidence of leased/rented equipment property coverage in an amount equal to the replacement cost of the unit(s) being leased/rented. IMPORTANT: For security offices and mobile offices, the COI must specify unit numbers and/or or serial numbers. Note 1: Obtain replacement costs from the Prices & Terms Document or by calling the corporate Customer Service Dept. Note 2: Property coverage must be listed independently from any property coverage included in the general or automobile liability coverage.
6. Auto Liability Coverage (on-road trailer rentals only): Combined single limit auto liability coverage of at least $1,000,000. Note: If a customer rents a trailer and will never take it on any public road, auto liability coverage is not required. IMPORTANT: Regarding Auto Liability; Any Auto or Scheduled Autos must be checked. If Scheduled Autos is checked, the certificate must list the VIN or Unit number of each on-road use trailer that is currently on rent or pending rental delivery.
7. Deductible: If listed, deductibles should not exceed $1,000 for property damage coverage and $50,000 for liability coverage.
8. Certificate Holder: “Mobile Mini, Inc.” must be named. Note: The Certificate Holder address should be the corporate office address. In addition, COI’s submitted to decline LLW should say “Attn: Billing” and COI’s submitted to rent on-road trailers should say “Attn: On-Road Trailers.” If you receive a COI in your branch that does not include the “Attn: Billing” or Attn: “On-Road Trailers” designation, you must handwrite the correct designation in the Certificate Holder area of the COI before sending to corporate.
9. Comments, Notes or Special Items:
a. Additional Insured: Mobile Mini, Inc. must be named as Additional Insured under General Liability with respect to equipment leased/rented from Mobile Mini. For on road trailer rentals, Mobile Mini must also be named Additional Insured under Auto Liability.
b. Loss Payee: Mobile Mini, Inc. must be named as Loss Payee under Leased/Rented equipment Property Coverage with respect to equipment leased/rented from Mobile Mini.
c. Primary Coverage Statement: A statement that the customer’s insurance policy is primary and any other insurance maintained by Mobile Mini is excess to the customer’s insurance and shall not contribute to losses or damage covered under the customer’s insurance policy must be included.
10. Cancellation (on-road trailer rentals only): The COI must provide for at least 30 days written cancellation notice.
Page 1 of 2Mobile Mini, Inc. Form RSR-050f Customer COI Requirements, Date Issued: DRAFT, Date Last Revised: N/A
Item is required for on-road trailer rentals but is not required to decline LLW.
Item is required on all certificates.
1. Insurance carrier must carry an AM Best Rating of B+ or above. 2. “Insured” name must be the same
name as our customer (reference the checklist for the one exception).
3. Policy must not be expired.
10. At least 30 days cancellation notice required.
9. Items a, b and c are all required. a
b c
7. If listed, deductibles should not exceed $1,000 for property damage and $50,000 for liability.
5. Leased/rented equipment property coverage in the amount of the replacement value per unit is required. (This property coverage must be listed separately from the property coverage included in general or auto liability coverage.) Important: For security offices & mobile offices, the certificate must also list the unit and/or serial number.
4. General liability coverage of at least $1,000,000 is required (as shown to the right).
$1,000,000 $1,000.000 $1,000,000 $1,000,000 $100,000 $5,000
6. Combined single limit auto liability coverage of at least $1,000,000 is required (as shown to the right). Important: Regarding Auto Liability; Any Auto or Scheduled Autos must be checked. If Scheduled Autos is checked, the certificate must list the VIN or Unit number of each on-road use trailer that is currently on rent or pending rental delivery.
Mobile Mini, Inc. 7420 South Kyrene Road, Suite 101 Attn: Billing Tempe, AZ 85283
7/15/08
11/30/07 11/30/09
X
$ 1,000 Deductible
8. “Mobile Mini, Inc.” at the corporate office address must be named. Note: Certificates to decline LLW should include “Attn: Billing” and certificates for on-road trailer rentals should include “Attn: On-Road Trailers.”
30
Mobile Mini, Inc. Form RSR-050f Customer COI Requirements, Date Issued: DRAFT, Date Last Revised: N/A
11/30/07 11/30/09
Leased/Rented Equipment Property Coverage Office Unit 123456
1
Allen, Louise
From: Wasney, CynthiaSent: Wednesday, April 09, 2014 1:06 PMTo: Allen, Louise; [email protected]: chris kocses; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Coss, Renee;
Pamela Holdridge; [email protected]; RICHARD PECORASubject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**
No comments from TV Legal. Note that the vendor can terminate the agreement at any time for any reason without notice.
From: Allen, Louise Sent: Wednesday, April 09, 2014 9:26 AM To: [email protected] Cc: chris kocses; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney, Cynthia; Coss, Renee; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** See mark‐up from Risk Mgmt. I understand some of these changes were previously accepted on Battle Creek. Please clarify what the Personal Property Expense is. Is this some type of optional insurance? Please wait for additional changes from Legal/Cynthia. Note that you are renting on a monthly basis with no pro‐ration for periods of less than a month and vendor is taking a lien on all the contents of the trailer. Vendor also has broad rights to enter or repossess the trailer.
Thanks, Louise Allen Risk Management T: (519) 273-3678
From: [email protected] [mailto:[email protected]] Sent: Wednesday, April 09, 2014 11:52 AM To: Allen, Louise Cc: chris kocses; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney, Cynthia; Coss, Renee; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: Re: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** We are shooting in a locale that has a lot of challenges with availability and selection. Time is of the essence on this. Sent from my iPhone On Apr 9, 2014, at 11:46 AM, "Allen, Louise" <[email protected]> wrote:
I will mark it up but this isn't a very good agreement. Is there another vendor you could use instead?
1
Allen, Louise
From: Barnes, BritianeySent: Wednesday, April 09, 2014 11:57 AMTo: Allen, LouiseCc: Luehrs, Dawn; Zechowy, Linda; Allen, Louise; Herrera, TerriSubject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**Attachments: Mobile Mini - Battle Creek.pdf
Louise – We used Mobile Mini on Battle Creek and a few times last year. Attached is a copy of the agreement with the revisions that were made. Britianey Barnes Sr. Analyst | P. 310.244.4241 | F. 310.244.6111 [email protected] From: Allen, Louise Sent: Wednesday, April 09, 2014 8:46 AM To: chris kocses; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney, Cynthia; Coss, Renee Cc: greer yeaton; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** I will mark it up but this isn't a very good agreement. Is there another vendor you could use instead?
Thanks, Louise Allen Risk Management T: (519) 273-3678
From: chris kocses [mailto:[email protected]] Sent: Wednesday, April 09, 2014 10:05 AM To: Allen, Louise; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney, Cynthia; Coss, Renee Cc: greer yeaton; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: Re: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** Hi Louise, Mobile Mini will not accept the Third Party Vehicle Rental Agreement or the Equipment Rental Agreement. Can you please review the Mobile Mini Terms & Conditions and make any comments needed. Production is picking up two containers for tomorrow and will need to have insurance in place. Thanks! Chris Kocses Production Secretary "Untitled KZK Project"
1. Lease. Customer (“you”) hereby lease from Mobile Mini (“MMI”) all units and equipment (including stairs) identified on the reverse hereof and any future substituted or added units (collectively, “Units”). This Master Lease will govern all future rentals unless agreed in writing otherwise. Unless identified in writing as a sale, you shall not acquire any ownership interest in any Unit. The term of a Unit lease (“Lease”) commences upon the date of delivery of a Unit and continues on a monthly (meaning every 28 days) basis (each a “Period”) until terminated as provided herein. You agree to pay MMI the lease charges, sales and prorated personal property tax assessments or comparable amounts, delivery, pickup and fuel charges, Loss Limitation Waiver charge, waiting time charges if delivery/pickup exceeds one hour on-site, and other charges set forth in invoices delivered to you (collectively, “Charges”). Unless agreed to otherwise by MMI, all Charges are due monthly in advance without demand. Charges and terms of this Lease are subject to change upon notice to you and shall be effective upon the earlier of payment by Customer of its next invoice or the next Charges due date. You shall owe all Charges for each Period regardless of the number of days Units were on-rent and there will be no return of Charges in the event a Unit is returned prior to the end of a Period. You shall pay as liquidated damages (not a penalty) $25 (and any bank fees) for dishonored checks and 15% of unpaid pretax Charges after each Charges’ due date. If you have provided MMI with credit card information, you authorize MMI to charge your credit card for all Charges. Following each Period, each Lease shall renew automatically for additional Periods until you give MMI at least 5 working days notice to terminate a Lease. You shall pay in advance the deposit indicated to secure your performance of a Lease. The deposit will be returned if you request in writing within 30 days of Unit’s return in undamaged condition or revert to MMI for its own account if not so requested. MMI may apply the deposit for damage and any other Charges and you will replace such deposit amounts if Units are still on rent. Any payments made by you to MMI above Charges owed each Period shall revert to MMI for its own account if not claimed by Customer in writing within 30 days of such payment. 2. Delivery, Use and Removal. You may either pickup/return Units (upon meeting MMI insurance/indemnification requirements) or pay for MMI delivery/return. You may store Units at your delivery location or pay MMI to store Units at a MMI facility and agree Units may be stored by MMI at an alternative location in MMI’s sole discretion. By using Units you or your agent accept the Units as free of defects, in good repair and working condition. You agree to inspect Units prior to use and to notify MMI in writing of any defect. Regardless of being in transit, at your location or a MMI facility, you shall be solely responsible for all loss, theft and damages (except ordinary wear and tear) to Units, Unit contents (“Contents”) and your premises or other property, for any cause whatsoever, including (without limitation) damages caused by theft, vandalism, forces of nature, leaking of any Unit, condensation, humidity, or damages relating to the delivery or removal of a Unit. You shall not allow habitation in Units or store dangerous, illegal, unsanitary, explosive, staining, malodorous or hazardous materials in any Unit, remove any Unit from the United States or alter any Unit in any way (including drilling holes, painting or affixing signs). You agree not to store collectibles, currency, software, heirlooms, jewelry, works of art or anything having sentimental value to you and waive any claim for emotional or sentimental attachment to the Contents. If a Unit is delivered and placed by MMI, you must contact MMI to relocate any Unit and obtain MMI’s written consent or pay MMI’s then-current relocation rates. You shall pay MMI all Charges to clean, paint, repair, remove locks, make immediately ready for re-lease any Unit and to remove, store, retain or dispose of Contents. You shall keep Units freely accessible at all times to inspection and removal by MMI. If a Unit is destroyed, damaged beyond repair, lost, stolen, not returned to or not repossessed by MMI, you shall pay MMI the replacement value of such Unit, plus applicable taxes. You assume full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or other, resulting from your use or placement of Units in violation of such ordinances, rules and/or regulations. You must call MMI to schedule Unit return or removal. MMI will attempt to schedule delivery/removal of the Unit as requested by you but rental Charges will continue until delivery/removal of the Unit is completed. You are responsible to remove all locks and clean and empty the Unit prior to removal by or return to MMI. MMI may remove all locks, empty Unit and any Contents left in Units may become MMI property without payment. You shall pay additional removal charges (including for failed attempts) if a Unit isn’t ready for MMI removal or for changes in site condition. MMI’s driver or agent may refuse a delivery/removal and MMI can charge Customer if such cannot be accomplished due to safety or potential damage. You authorize MMI to attempt to place Units pursuant to your instructions on a driveway or other paved surface accessible from a street, over your lawn or other non-paved area and you represent that any placement area will have adequate size, clearance and structural integrity to sustain the weight and size of the Unit(s), delivery truck and any other related equipment. 3. Warranty Disclaimer. You shall maintain the Unit in good condition. You are responsible to weekly inspect the Unit’s interior and exterior to assure it is in good working condition. You shall keep each Unit free from all liens and grant MMI a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. MMI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR SECURITY OF UNITS OR MMI FACILITIES OR COMPLIANCE WITH LAW AND YOU AGREE YOU HAVE SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR YOUR INTENDED USE. You lease the Units “as is.” MMI shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of you or your agents or invitees for any reason. You shall indemnify, hold harmless, defend and reimburse MMI and its directors, officers, employees, and agents (“MMI Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from your use of the Units or (iv) your breach of this Lease. Units shall not be attached or affixed to real property. Customer acknowledges that it will not store above the maximum value and weight of Contents of Units set forth on MMI’s rental documents and such value shall be conclusive as to the maximum value of all Contents. Individual items shall be limited to $.60 per pound up to the Content maximum value. This maximum value is significant consideration in the establishment of rental price. 4. Insurance and Loss Limitation Waiver (“LLW”). Neither you nor your insurer shall have any claim (direct or by way of subrogation) against MMI or MMI Related Parties for any loss or damage to any property resulting from any casualty. INSURANCE FOR UNIT CONTENTS IS YOUR RESPONSIBILITY--MMI DOES NOT PROVIDE ANY INSURANCE. You will provide prior to delivery or upon request a Certificate of Insurance naming MMI as loss payee and additional insured with coverage equal to the Unit replacement cost. The policy shall be acceptable to MMI in its discretion and provide for 30 days notice to MMI prior to cancellation or modification. Unless you maintain such policy, you accept the LLW and shall pay its Charge. LLW terms are published on www.mobilemini.com/LLW and hereby incorporated by reference. You acknowledge receipt of such terms and that they are part of each Lease. Your payment of the LLW waives your liability for Units (not Contents) up to the replacement cost of Units (subject to $1,000 deductible per occurrence for all non-storage container Units) for certain limited types of loss other than flood and windstorm damage to modular offices located within 150 miles of coastal waters. 5. Miscellaneous. MMI may terminate this Lease at any time without notice for any reason whatsoever. You release any claim that MMI has duties of a bailee or under “warehouseman” laws. Each of the following constitute an “Event of Default:” (a) you fail to perform any term of any Lease, (b) you have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if MMI has a reasonable belief of an anticipatory default by you. Upon an Event of Default MMI may, without legal process or notice, terminate a Lease, enter any premises where a Unit is located, repossess Units, remove any locks on your property or Units, remove Contents without regard to their protection or pursue any other remedy available. You irrevocably grant MMI unrestricted access to your property and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units. If a Unit is repossessed, MMI is approved in advance to remove Contents or exercise its lien and hold Contents and you shall have no claim against MMI for damaged Contents. If you do not pay all Charges due and remove all Contents from MMI premises, you grant MMI permission to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to indemnify MMI and MMI Related Parties from any claims for trespass, conversion or damages of any nature arising from repossession. You agree to pay, as liquidated damages, MMI’s collection/repossession/disposal fees, attorney’s fees and any other cost incurred by reason of any Event of Default or the exercise of MMI’s remedies. Repossession of a Unit shall not relieve you of your obligation to pay Charges owed hereunder. No remedy referred to is exclusive, and each shall be in addition to any remedy referred to herein or otherwise available to MMI. If MMI seeks to recover or repossess Units by means of “writ of replevin” or similar method, you waive any security or bond posting requirement prior to such process. Acceptance of partial payment shall not constitute a waiver of MMI’s right to full payment. Any endorsements appearing on your checks shall not affect Charges owed. You shall not transfer or hypothecate the Unit, assign your duties hereunder or sublease the Unit. MMI may assign, pledge or transfer this Lease without your consent. Except as provided in Section 1, a Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Lease was executed by MMI (“Jurisdiction”) and contains the entire understanding of the parties and supersedes the terms of any purchase order or similar document from you or any other agreement among the parties. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that MMI may bring suit against you in any county where the Unit or Customer is located. If any term hereof is unenforceable, such invalidity shall not affect the enforceability of the Lease or any other provision. This Lease may be executed in multiple counterparts including by fax or other electronic transmission, each of which shall be regarded as an original and constitute one instrument. Your indemnity obligations shall survive termination of a Lease. You agree that MMI’s total aggregate liability under this Lease shall not exceed $5,000. MMI, you and any of your agents, or invitees waive any right to trial by jury for any cause of action brought against MMI or MMI Related Parties. Both parties agree to exclusively abide by the access, lien and lien sale procedures herein and waive to the fullest extent possible any legal requirements for other access, lien, notice and/or sale procedures.
Mobile Mini Master Lease Agreement Terms & Conditions 2012 Mobile Mini, Inc. v.1112
1
Allen, Louise
From: Allen, LouiseSent: Tuesday, April 08, 2014 12:43 PMTo: 'chris kocses'; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Herrera, Terri; Wasney,
Cynthia; Coss, ReneeCc: greer yeaton; Pamela Holdridge; [email protected]; RICHARD PECORASubject: RE: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite**
Are we renting vehicles or equipment? Yes, please try to use either the Third Party Vehicle Rental form if you are renting vehicles or the Equipment Rental form if you are renting equipment instead of the vendor's form.
Thanks, Louise Allen Risk Management T: (519) 273-3678
From: chris kocses [mailto:[email protected]] Sent: Tuesday, April 08, 2014 12:22 PM To: Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda; Allen, Louise; Herrera, Terri; Wasney, Cynthia; Coss, Renee Cc: greer yeaton; Pamela Holdridge; [email protected]; RICHARD PECORA Subject: Re: Untitled KZK Project - Terms & Conditions (Mobile Mini) **Please Expedite** Attached please find the insurance requirements for Mobile Mini. Chris Kocses Production Secretary "Untitled KZK Project" Mesquite Productions Inc. 305.242.0019 - O 305.242.0020 - F On Tuesday, April 8, 2014 12:04 PM, chris kocses <[email protected]> wrote: Hi, Attached please find the Terms & Conditions for Mobile Mini. Production will be renting two containers on Thursday, April 10th, 2014. Could I use a Third Party Vehicle Rental Agreement if mobile mini accept it? Any questions please contact me. Chris Kocses Production Secretary "Untitled KZK Project" Mesquite Productions Inc.
CERTIFICATE OF INSURANCE REQUIREMENTS FOR CUSTOMERS FOR ELIGIBILITY TO DECLINE LLW AND/OR FOR RENTAL OF TRAILERS THAT WILL BE USED ON ROAD
• All certificates of insurance (COI) must be validated by a Mobile Mini Accounts Receivable (A/R) representative. • These requirements do not apply to self-insurance statements, which will be validated on a case-by-case basis. • Loss Limitation Waiver (LLW): With the exception of on-road trailer rentals, certificates are not required from
customers who purchase Mobile Mini’s LLW. LLW will be charged if a validated COI is not on file. If a criterion specifies “on-road trailer rentals only”, it is not required to decline LLW.
• On-Road Trailer Rentals: All criteria apply. An on-road trailer rental is defined as; a rental where any party other than Mobile Mini may transport a Mobile Mini rental trailer on-road, for any distance, at any time during the rental, even if transport is only between a Mobile Mini branch and the site the trailer will be used.
• All or any part of this document may be provided to a customer or insurance carrier.
CERTIFICATE OF INSURANCE (COI) REQUIREMENTS CHECKLIST:
Note: Criterion numbers correspond with box numbers on the next page.
1. Insurance Carrier (on-road trailer rentals only): The insurance carrier must carry an AM Best Rating of B+ or above.
2. Insured: The “insured” must be the same name as our customer. Note 1: The only exception in regard to on-road trailer rentals is; if a non-commercial customer is hiring an outside transportation company and states that no one else will transport the equipment on-road, we will accept a COI from the transportation company. Note 2: A DBA is acceptable if our customer’s name is included.
3. Policy Expiration Date: Must be current.
4. General Liability Coverage: Coverage of at least $1,000,000 per occurrence.
5. Property Coverage Evidence of leased/rented equipment property coverage in an amount equal to the replacement cost of the unit(s) being leased/rented. IMPORTANT: For security offices and mobile offices, the COI must specify unit numbers and/or or serial numbers. Note 1: Obtain replacement costs from the Prices & Terms Document or by calling the corporate Customer Service Dept. Note 2: Property coverage must be listed independently from any property coverage included in the general or automobile liability coverage.
6. Auto Liability Coverage (on-road trailer rentals only): Combined single limit auto liability coverage of at least $1,000,000. Note: If a customer rents a trailer and will never take it on any public road, auto liability coverage is not required. IMPORTANT: Regarding Auto Liability; Any Auto or Scheduled Autos must be checked. If Scheduled Autos is checked, the certificate must list the VIN or Unit number of each on-road use trailer that is currently on rent or pending rental delivery.
7. Deductible: If listed, deductibles should not exceed $1,000 for property damage coverage and $50,000 for liability coverage.
8. Certificate Holder: “Mobile Mini, Inc.” must be named. Note: The Certificate Holder address should be the corporate office address. In addition, COI’s submitted to decline LLW should say “Attn: Billing” and COI’s submitted to rent on-road trailers should say “Attn: On-Road Trailers.” If you receive a COI in your branch that does not include the “Attn: Billing” or Attn: “On-Road Trailers” designation, you must handwrite the correct designation in the Certificate Holder area of the COI before sending to corporate.
9. Comments, Notes or Special Items:
a. Additional Insured: Mobile Mini, Inc. must be named as Additional Insured under General Liability with respect to equipment leased/rented from Mobile Mini. For on road trailer rentals, Mobile Mini must also be named Additional Insured under Auto Liability.
b. Loss Payee: Mobile Mini, Inc. must be named as Loss Payee under Leased/Rented equipment Property Coverage with respect to equipment leased/rented from Mobile Mini.
c. Primary Coverage Statement: A statement that the customer’s insurance policy is primary and any other insurance maintained by Mobile Mini is excess to the customer’s insurance and shall not contribute to losses or damage covered under the customer’s insurance policy must be included.
10. Cancellation (on-road trailer rentals only): The COI must provide for at least 30 days written cancellation notice.
Page 1 of 2Mobile Mini, Inc. Form RSR-050f Customer COI Requirements, Date Issued: DRAFT, Date Last Revised: N/A
Item is required for on-road trailer rentals but is not required to decline LLW.
Item is required on all certificates.
1. Insurance carrier must carry an AM Best Rating of B+ or above. 2. “Insured” name must be the same
name as our customer (reference the checklist for the one exception).
3. Policy must not be expired.
10. At least 30 days cancellation notice required.
9. Items a, b and c are all required. a
b c
7. If listed, deductibles should not exceed $1,000 for property damage and $50,000 for liability.
5. Leased/rented equipment property coverage in the amount of the replacement value per unit is required. (This property coverage must be listed separately from the property coverage included in general or auto liability coverage.) Important: For security offices & mobile offices, the certificate must also list the unit and/or serial number.
4. General liability coverage of at least $1,000,000 is required (as shown to the right).
$1,000,000 $1,000.000 $1,000,000 $1,000,000 $100,000 $5,000
6. Combined single limit auto liability coverage of at least $1,000,000 is required (as shown to the right). Important: Regarding Auto Liability; Any Auto or Scheduled Autos must be checked. If Scheduled Autos is checked, the certificate must list the VIN or Unit number of each on-road use trailer that is currently on rent or pending rental delivery.
Mobile Mini, Inc. 7420 South Kyrene Road, Suite 101 Attn: Billing Tempe, AZ 85283
7/15/08
11/30/07 11/30/09
X
$ 1,000 Deductible
8. “Mobile Mini, Inc.” at the corporate office address must be named. Note: Certificates to decline LLW should include “Attn: Billing” and certificates for on-road trailer rentals should include “Attn: On-Road Trailers.”
30
Mobile Mini, Inc. Form RSR-050f Customer COI Requirements, Date Issued: DRAFT, Date Last Revised: N/A
11/30/07 11/30/09
Leased/Rented Equipment Property Coverage Office Unit 123456
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