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Mobile Modular Management Corporation a Sale Agreement
<br />Division of McGrath RentCorp
<br />mobile 11450 Mission Blvd. Contract: 1Date
<br />modular Mira Loma, CA 91752 Printed: 12/04/2024
<br />Your ftiert- our commitment Phone: (951) 360-6600
<br />www.mobilemodular.com
<br />the remaining cancellation fee balance within ten (10) business days after receiving written notice of the balance due. If no down payment has been made by
<br />Buyer at the time of cancellation, Buyer shall pay to Seller the entire cancellation balance within ten (10) business days of receipt of written notice from
<br />Seller stating the cancellation fee balance that is due.
<br />4. DELIVERY AND PLACEMENT OF EQUIPMENT. Seller agrees to deliver the Equipment to the site location listed on the Sale Agreement (the
<br />"Site"). Buyer warrants and represents that it has exercised due diligence and care in selecting a suitable site for the Equipment, shall clearly mark the site
<br />of placement and shall direct Seller on exact placement and orientation of the Equipment. Upon request from Buyer and for an additional fee, Seller will
<br />perform a site visit and make recommendations on placement as it relates to site accessibility and layout. Buyer further warrants that the Site will have (1)
<br />safe access free from encumbrances; (2) a level pad, which is hereby defined as having no greater than a 4-inch drop in 40 feet (length) and no greater than
<br />a 1-inch drop in 8 feet (width); and (3) adequate soil bearing pressure of not less than 1500 psf, except in the state of Florida, where the mininmm soil
<br />bearing pressure is 2000 psf. Following delivery, Seller will remove all Seller -owned Equipment such as plywood, tools, etc. prior to or at the time of
<br />building acceptance. Buyer is responsible for all necessary permits, utility hookups, and Site preparation.
<br />5. INSPECTION AND ACCEPTANCE. Following delivery and setup of the Equipment, Buyer shall inspect the Equipment within forty eight
<br />(48) hours of substantial completion and provide immediate written notice to Seller specifying defects, if any, which Buyer observes. If Buyer fails to
<br />provide such notice within four (4) days following substantial completion of the project, it shall be conclusively presumed between Buyer and Seller that
<br />Buyer has inspected the Equipment and that all Equipment is in conformance with the Agreement and has been accepted by Buyer.
<br />6. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Agreement, the serial number and other identification data relating to the
<br />Equipment when ascertained by Seller.
<br />7. LOSS OR DAMAGE. All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the site location. Buyer
<br />agrees to indemnify and hold Seller harmless from any loss resulting from the theft, destruction or damage to the Equipment. The cost of any required
<br />repairs shall be home by Buyer. Any loss of or damage to the Equipment shall not alleviate Buyer's obligation to pay Seller any remaining balance of the
<br />Purchase Price existing at the time of the loss.
<br />8. INSURANCE. Upon delivery of the Equipment and until Buyer has paid for the Equipment in full, Buyer shall provide, maintain, and pay all premiums
<br />for property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value and will name
<br />Seller as loss payee of the proceeds, unless Buyer has paid Seller the entire purchase price in full prior to the scheduled delivery of the Equipment. This
<br />coverage will extend to all property of Seller located at the delivery site during the installation. Upon receipt of the proceeds of any insurance, Seller will
<br />refund to Buyer any amounts in excess of the balance due Seller by the Buyer in fulfilling the obligations specified herein. Notwithstanding the above,
<br />Buyer shall also provide, maintain, and pay all premiums for general liability insurance in the amount of S1,000,000.00 (one million dollars) and name
<br />Seller as an additional insured. All insurance shall be with a company having an A.M. Best rating of A- or better, and shall not be subject to cancellation
<br />without thirty (30) days prior written notice to Seller. Buyer shall deliver to Seller insurance certificates, or evidence of insurance proving the existence of
<br />policies meeting the above requirements, upon execution of the Agreement Seller may require Buyer's insurance carrier to be licensed to do business in the
<br />state where the Equipment is being sold. Buyer's obligation to provide said insurance will cease once Equipment has been paid for in full and pursuant to
<br />Section 2.
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<br />Buyer hereby waives and releases all claims against Seller for (i) loss of or damage to all property, goods, wares and merchandise in, upon or about the
<br />Equipment and (ii) injuries to Buyer, Buyer's agents and third persons. Seller shall not be liable for any consequential, incidental, or special damages of any
<br />kind (including, but not limited to damages for loss of use or of profit by Buyer or any other party; or for any collateral damages), except to the extent caused
<br />by Seller's negligence or delay, which may result from or arise in connection with the manufacture, delivery, installation, checkout or use of the Equipment
<br />or in connection with the services rendered by Seller hereunder.
<br />49-. TERMINATION FOLLOWING BREACH. In the event (a) of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by or
<br />against Buyer voluntarily or involuntarily, under the provisions of the Bankruptcy Code of the United States, for the appointment of a receiver or trustee or
<br />any assignment for the benefit of creditors of Buyer, or (b) that Buyer fails to make timely payments, or perform any of its other obligations, under the
<br />Agreement, and such failure or default is not cured within ten (10) days after written notice of such failure or default is provided by Seller, the Agreement
<br />automatically shall be terminated in the case of any event described in clause (a) above and may be terminated by Seller in the case of any event described
<br />in clause (b) above and, upon such termination, full payment pursuant to the terms of the Agreement shall become immediately due and payable from
<br />Buyer. In the event of any such breach or termination, Seller shall have all rights provided by law and under the terms and conditions of the Agreement,
<br />including but not limited to: repossession and disposal of the Equipment (and, if any personal property shall remain located in the Equipment at such time,
<br />Buyer consents to Sellers possession and disposal or destruction of such personal property without notice or accounting to Buyer) and recovery of
<br />attorney's fees and other reasonable costs and expenses associated with any breach or termination (including any such disposal or destruction), shall be
<br />reimbursed by Buyer on
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