Common use of Equipment Services Clause in Contracts

Equipment Services. i. PCI may rent, license, lease, sublet or otherwise provide certain equipment to Customer, including without limitation loaders, excavators, forklifts, vehicles, tools, machinery, attachments and other mechanical devices, (the “Equipment”) from time to time. Equipment may be provided with a PCI operator or Customer may supply the operator of Equipment. ii. Regardless of whether Equipment is operated by PCI personnel or Customer personnel, Customer shall at all times supervise, direct and control the activities of the operator of the Equipment and the operator shall follow the instructions, signals, direction and supervision of Customer. Customer, if providing the operator, shall only utilize properly insured, licensed and trained operators. iii. Customer shall keep the Equipment well lubricated, properly adjusted and otherwise in good and efficient working order, and provide any daily servicing required by Equipment’s manufacturer, including without limitation daily inspection, adding fluids, blow out air filters and adding air to tires. If Customer requests, PCI may provide a field service mechanic to ensure routine servicing is completed in accordance with the manufacturer’s requirements, subject to availability and additional rates/charges. Customer shall return Equipment with the same fuel level as received. iv. Any and all Equipment damage or loss shall be the responsibility of Customer while Equipment is in Customer’s custody and control (which shall include when Equipment is being operated by PCI personnel under Customer’s supervision, direction and control). Customer shall insure the Equipment at full replacement value. Customer shall return the Equipment in the same condition as it was received. Customer shall indemnify, defend and hold PCI harmless for any and all Claims arising out of Customer’s use of Equipment as provided in this Section II(a)(1), including without limitation the negligence of personnel or operators provided by PCI, in accordance with Article VII. Customer shall immediately report to PCI any unsafe condition, improper maintenance of Equipment or unsatisfactory performance of an operator or other personnel provided by PCI with sufficient details to permit PCI to investigate and/or take appropriate action. v. Customer shall not sublease or sublicense the Equipment or permit any alterations to the Equipment without the express written permission of PCI. vi. For the avoidance of doubt, this Section II(a)(1) applies where PCI rents, licenses, leases, sublets or otherwise provides the Equipment for Customer’s use and does not apply to situations where PCI utilizes Equipment to perform the Services for Customer.