Agreement Relating To

Agreement Relating To

AGREEMENT RELATING TO

THE USE OF EQUPMENT OWNED

BY THE OHIO WATER ENVIRONMENT ASSOCIATION

THIS AGREEMENT (the “Agreement”) is made by and between OHIO WATER ENVIRONMENT ASSOCIATION, a not-for-profit 501(c)(3) association (hereinafter referred to as "OWEA"), and ______, a ______, located at ______, ______(hereinafter referred to as "User").

NOW, THEREFORE, the parties agree as follows:

  1. Equipment/Term: OWEA, in consideration of the satisfactory performance of the terms and conditions of this Agreement, hereby grants to User the right to use the following described equipment owned by OWEA: Wilo pump skid and associated tools (hereinafter referred to as the “Equipment"), during the following dates/times:

From a.m./p.m. on , 201 to am/pm on , 201 .

  1. Rights and Responsibilities of User: User shall have the following rights, privileges and responsibilities:

User may use the Equipment during the dates/times agreed upon above, including pick-up from and return to ______(site designated by OWEA); and User must ensure that its representative or employee who will be responsible for the care and custody of the Equipment at all times during the effectiveness of this Agreement is an OWEA member, and that an OWEA member will always be present during the transport and use of the Equipment.

User acknowledges that receipt of all equipment in good working condition and User understands its proper operation and use.

User acknowledges the User has examined the Equipment and all hitches, bolts, safety chains hauling tongue together with all devices and materials used to connect the equipment to Users towing equipment if any.

User is responsible for the loading and unloading of the Equipment and assumes the risk of, and hold OWEA harmless for any property damage, personal injury due to negligence in the loading and or securing the Equipment for transportation.

  1. Rights and Responsibilities of OWEA: OWEA shall have the following rights, privileges and responsibilities:

Ensure the Equipment is available at the dates/times agreed upon above; and

Provide trained OWEA member to instruct User regarding proper use of the Equipment prior to User’s use.

  1. No express or implied guarantees. OWEA makes no warranties or guarantees, either express or implied as to the condition of the Equipment or suitability of the Equipment for its intended use or function by User.
  1. Direct Expenses: User shall reimburse OWEA for all OWEA's direct expenses incidental to User’s use of the Equipment. Such direct expenses shall include:

Repair or Replacement of Equipment if damaged, lost, misplaced or stolen.

  1. Care and Custody of Equipment: User shall take the necessary steps to assure that User, its employees, agents, representatives, guests and invitees shall not injure, mar, or in any way deface the Equipment, nor cause or permit anything to be done whereby said Equipment shall be in any manner injured, marred or defaced, and that the Equipment will be kept safe and secure.
  1. Indemnification/Hold Harmless: User shall indemnify and hold OWEA harmless for and from any and all loss, damage or injury to any person or property, arising from or connected with the Equipment or User’s use thereof. User further agrees to waive all claims against OWEA on account of any loss, damage, or injury from whatever cause which may occur to User or its employees, agents, representatives, guests and invitees in the use said Equipment, the giving of this waiver being part of the consideration upon which this Agreement is based. User further agrees to indemnify OWEA for any loss or of or damage done to, the Equipment during User’s use and custody of the same, and in the event the Equipment cannot be reasonably repaired at User’s expense or the Equipment is lost, misplaced or stolen, User agrees to replace the Equipment with equipment acceptable to OWEA.
  1. Compliance with Laws:

User acknowledges that OWEA has no control over the use of the Equipment by User, and User agrees at its sole expense to comply with all municipal, county, state and federal laws, ordinances and regulations including Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the equipment while in its possession and use by the User.

  1. Signatures: The individuals signing below agree that the parties will comply with the terms and conditions of this Agreement.

Ohio Water Environment Association[Insert Name of User]

“OWEA”“USER”

By:By:

Name:Name:

Title:Title:

Date:Date:

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