All Equipment Needs Handled

On all special contracted events which include staffing and special rentals service fees of 18% will be charged as will the tax rate of 7.75% on all services and foods provided.

EQUIPMENT RENTAL CONTRACT & NOTICE OF TERMS

This Equipment Rental (this "Rental") is made effective as date of delivery, between L & M Catering L.L.C. through its wholly owned subsidiary Gourmet FoodWorks (the "Company"), 6717 Vernon Ave, University City, Missouri 63130, and (Company or Representative named on Invoice) will be deemed as (the "Customer"),

RENTAL EQUIPMENT SUBJECT TO THIS CONTRACT. The Company shall rent the equipment listed on the attached invoice with approval (via phone) and follow up confirmation of order. And is defined as Exhibit "A" (original invoice).

PAYMENT TERMS. The rental payments shall be due whether or not the Customer has received notice of a payment. The payment terms of the rental are defined in Exhibit” B”.( Direct Billing Agreement)

SERVICE CHARGE. If any Rental installment is not paid within 14 day(s) after the return date, the Customer shall pay to the Company a surcharge charge of 1% of monies overdue per day. At this time the Rental will cease and the equipment shall be returned immediately to the Renter

NON-SUFFICIENT FUNDS. The Customer shall be charged $250.00 for each check that is returned to the Company for lack of sufficient funds.

RISK OF LOSS OR DAMAGE. The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final.

RENTAL TERM. This Rental shall begin on the above effective date and shall terminate on return in fully working condition to the Company’s facility. If the equipment has to be repaired to return it to a fully working state the equipment will continue to be Rented until it is repaired. The Rental period will end only when the equipment has been returned to a fully working state.

CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.

MAINTENANCE AND REPAIR. The Customer shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear. The Customer shall pay all costs required to maintain the equipment in good operating condition. Such costs shall include labor, material, parts, and similar items.

COMPANY'S RIGHT OF INSPECTION. The Company shall have the right to inspect the equipment during Customer's normal business hours.

RETURN OF EQUIPMENT. At the end of the Rental period, the Customer shall be obligated to return the equipment to the Company at the Customer's expense unless scheduled pick up or return has been made with the Company’s prior approval. Any freight, insurance or customs charges related to the rented equipment incurred during or at the end of the rental will be billed to the Customers account.

OPTION TO RENEW. If the Customer is not in default upon the expiration of this rental, the Customer shall have first option to rent the equipment on such terms as the parties may agree at that time.

ACCEPTANCE OF EQUIPMENT. The Customer shall inspect each item of equipment delivered pursuant to this Rental. The Customer shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Customer fails to provide such notice in writing within 2 day(s) after the delivery of the equipment, the Customer will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. Any subsequent claim that the equipment was not provided in fully functional order will not be considered.

FAILURE TO PERFORM

If the equipment fails to perform after the initial acceptance it will be the responsibility of the customer to repair and correct the problem. The Company will not be held responsible for any failure of equipment for any reason and the equipment will remain on rental unless a dispensation is granted in writing by the Company to waive the rental fees for the period of non-performance. The company will not be held responsible for any errors or omissions due to the Customer’s lack of operational or technical capability.

OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment.

WARRANTY. The Company makes no warranties; express or implied, as to the equipment rented. The Customer assumes the responsibility for the condition of the equipment.

INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, the Company shall have the option of requiring the Customer to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Company and subject to this agreement.

LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Customer, and the Customer shall indemnify and hold the Company harmless from and against all such liability. Customer shall maintain liability insurance of at least $10,000.00 unless waived in writing by the Company.

CASUALTY INSURANCE. The Customer shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.

TAXES AND FEES. During the term of this Rental, the Customer shall pay all taxes, assessments, and license and registration fees on the equipment unless exemption applies.

DEFAULT. The occurrence of any of the following shall constitute default under this Hire:

A. The failure to make a required payment under this Rental when due.

B. The violation of any other provision or requirement that is not corrected within 10 day(s) after written notice of the violation is given.

C. The insolvency or bankruptcy of the Customer.

D. The subjection of any of Customer's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.

RIGHTS ON DEFAULT. If the Customer is in default under this Rental, without notice to or demand on the Customer, the Company may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Customer responsible for any deficiency. The Company shall be obligated to re-rent the equipment, or otherwise mitigate the damages from the default, only as required by law.

NOTICE. All notices required or permitted under this Rental shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Rental.

ASSIGNMENT. The Customer shall not assign or sublet any interest in this Rental or the equipment or permit the equipment to be used by anyone other than the Customer or Customer's employees, without Company's prior written consent.

ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.

GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of Missouri and Illinois.

SEVERABILITY. If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.

On all special contracted events which include staffing and special rentals service fees of 18% will be charged as will the tax rate of 8.75% on all services and foods provided.