Common use of Personal Guaranty Clause in Contracts

Personal Guaranty. In consideration of your having extended credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer, the undersigned hereby personally guarantees the prompt payment when due of any and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees that this is an absolute, unconditional and continuing guaranty of payment of the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received by Vendor by registered mail. Such notice of revocation shall be ineffective as to any then existing indebtedness of customer to Vendor, or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guaranty. The undersigned hereby further individually guarantees payment of all accrued interest, and reasonable attorneys’ fees, collection costs, and expenses incurred by Vendor, or its subsidiaries, in the enforcement of this Guaranty and securing payment of the underlying obligations owed by customer. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, and the undersigned agrees that Vendor, or its subsidiaries, need not resort for payment of the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed by the laws of the Governing State. The undersigned guarantor consents to jurisdiction and venue of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signing. The undersigned guarantor(s) in recognition that my credit history may be a continuing, necessary factor in the evaluation of this ongoing personal guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address of the agency that furnished it when requested. (Sign as individual guarantor, (Sign as individual guarantor, not as officer of corporation.) not as officer of corporation.) Dated: Dated: _ Signature: _ Signature:

Personal Guaranty. In consideration of your having extended the extension of credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer("Applicant"), the undersigned hereby personally undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the prompt payment when due of any Applicant to United Rentals ("UR"). It is understood and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees agreed that this is an absolute, unconditional and a continuing guaranty of payment and UR shall not be obligated to notify the undersigned of the debtsdates or amounts of any such credit, liabilities, that the undersigned waives demand and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received default and agrees that any extension of time or other forbearance, which may be gran xxx by Vendor by registered mail. Such notice of revocation UR shall be ineffective as to any then existing indebtedness of customer to Vendor, not affect or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon alter UR's rights under this Guarantyguaranty. The undersigned hereby further individually guarantees waives: (a) notice of acceptance of this guaranty; (b) any demand for payment under this guaranty; (c) benefit of all accrued interest, exemptions and reasonable attorneys’ fees, collection costs, homestead laws; (d) all set-offs and expenses incurred by Vendor, or its subsidiaries, in counterclaims; and (e) all other notices to which the enforcement of this Guaranty and securing payment of the underlying obligations owed by customerundersigned might otherwise be entitled. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, The undersigned for themselves and the undersigned Applicant further agrees that Vendor, or its subsidiaries, need not resort for payment of to pay a service charge to UR at the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed maximum rate allowed by the laws of the Governing Statejurisdiction where the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney's fees and all other fees arising from collection. This is a guaranty of payment and not of collection and the undersigned further waive s any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned's obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of UR, its successors and assigns and shall bind the heirs, executors, personal representatives, administrators, assignees, purchasers, and other successors of the undersigned. If any provision or part of this guaranty is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such provision. The undersigned's obligations hereunder may be canceled only by written notice delivered to UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR's receipt of the cancellation notice, together with all pre - and post- cancellation service charges, reasonable costs of collection, including attorney's fees, incurred in UR's efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned guarantor agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subject in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR's extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signingDelaware. The undersigned guarantor(srecognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Applicant shall not use said payments for any other purpose until payment in full has been made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant's ability to rent and/or purchase equipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx.xxxxxxxxxxxxx.xxx/en/legal/rental-agreement], as amended from time to time (collectively the "Rental Agreement"). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect the undersigned's liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in recognition that my credit history may be a continuing, necessary factor use at the time of each rental or sales transaction in the evaluation jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this ongoing personal Credit Agreement and guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies regardless of whether the Rental Agreement is executed by an authorized representative of Applicant or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process undersigned. A copy of the affect current terms and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address conditions of the agency that furnished it when requestedRental Agreement is available upon request. (Sign as individual guarantor, (Sign as individual guarantor, not as officer Individual Signature Date Signed Print Name of corporation.) not as officer Individual Social Security Number Date of corporation.) Dated: Dated: _ Signature: _ Signature:Birth Home Address City State Zip Witness Signature Date Print Name of Witness CREDIT APPLICATION AND AGREEMENT

Personal Guaranty. In I, , residing at , as an inducement for and in consideration of your having extended extending credit on account at my request to the referenced customer(hereinafter referred to as “Company”), _of which I am (title), jointly and severally for myself, my marital community (if any), and in order to induce you to extend future credit on account to said customer, the undersigned hereby personally guarantees the prompt payment when due of any and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees that this is an absolute, unconditional and continuing guaranty of payment of the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received by Vendor by registered mail. Such notice of revocation shall be ineffective as to any then existing indebtedness of customer to Vendor, or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guaranty. The undersigned hereby further individually guarantees payment of all accrued interest, and reasonable attorneys’ fees, collection costs, and expenses incurred by Vendor, or its subsidiaries, in the enforcement of this Guaranty and securing payment of the underlying obligations owed by customer. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, and the undersigned agrees that Vendor, or its subsidiaries, need not resort for payment of the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and my legal representatives, successors and assigns assigns, unconditionally guarantee to Renton Concrete Recyclers LLC, (hereinafter “RCR”) its successors and assigns, the prompt payment of all sums that become due pursuant to the Application for Credit and Purchase Agreement (collectively the “Agreement”), and in case default is made in any payment called for thereunder, the undersigned jointly and severally unconditionally agree to pay such undersigned personobligations and claims to RCR, its successors and assigns. Presentation of payment, notice of default, notice of dishonor, protest, notice of protest, notice of or consent to modification, extension or renewal of the credit agreement are all hereby waived. Facsimile and or electronic signatures will have the same force and effect as an original signature. Signature Print name Date PURCHASE AGREEMENT I (We) promise to pay each invoice in full within (30) days of the date of statement, or as specified in terms and conditions of a separate written contract. If, however, this account is not paid as agreed, a delinquency charge shall accrue on the amount of the unpaid balance at the end of the month following the date of the invoice. The delinquency charge shall be computed at the rate of 18% per annum on the unpaid balance or at the highest rate of interest allowed by applicable law for loans or forbearance of money, whichever is less. We agree to provide Renton Concrete Recyclers with notice information and lender information for all projects. We agree to give written notice to Renton Concrete Recyclers LLC prior to the sale or transfer of all or substantially all of the stock or assets of our business; if we fail to do so, then we shall remain fully liable for any unpaid merchandise received by the buyer or transferee of the business. If this account is placed for collections, I (we) then agree to pay you, as liquidated damages in addition to the foregoing, an amount equal to the amount charged you on said collection by such collection agency, not exceeding, however (35%) of the amount unpaid thereon, together with such costs of investigation, court costs, and reasonable attorney fees that may be incurred in connection with collection, including those on appeal. I (we) authorize Renton Concrete Recyclers to inquire into and obtain from any bank, lending institution, credit reference, or credit reporting agency, any and all information relating to Customer's credit worthiness or financial condition and/or Customer's principals' creditworthiness or financial condition, whether or not listed in the above Credit Application. This Guaranty agreement is governed by State of Washington law, without regard to conflict of laws. Jurisdiction and Venue for any action shall be in Snohomish County, Washington. I (we) hereby certify under penalty of perjury that the laws above information is true and correct to the best of my (our) knowledge. I understand the Governing State. The undersigned guarantor consents above-stated credit terms and policy as stated and agreed to jurisdiction and venue of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signing. The undersigned guarantor(s) in recognition that my credit history may be a continuing, necessary factor in the evaluation of this ongoing personal guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address of the agency that furnished it when requestedsame. (Sign as individual guarantor, Company name) By (Sign as individual guarantor, not as officer of corporation.Signature) not as officer of corporation.) Dated: Dated: _ Signature: _ Signature:Date (Title)

Personal Guaranty. In consideration of your having extended credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer, the undersigned hereby personally guarantees the prompt payment when due of any and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees that this is an absolute, unconditional and continuing guaranty of payment of the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received by Vendor by registered mail. Such notice of revocation shall be ineffective as to any then existing indebtedness of customer to Vendor, or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guaranty. The undersigned hereby further individually guarantees payment of all accrued interest, and reasonable attorneys’ fees, collection costs, and expenses incurred by Vendor, or its subsidiaries, in the enforcement of this Guaranty and securing payment of the underlying obligations owed by customer. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, and the undersigned agrees that Vendor, or its subsidiaries, need not resort for payment of the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed by the laws of the Governing State. The undersigned guarantor consents to jurisdiction and venue of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signing. The undersigned guarantor(s) in recognition that my credit history may be a continuing, necessary factor in the evaluation of this ongoing personal guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address of the agency that furnished it when requested. (Sign as individual guarantor, (Sign as individual guarantor, not as officer of corporation.) not as officer of corporation.) Dated: Dated: _ Signature: _ Signature:

Personal Guaranty. In consideration of your having extended credit on account to the referenced customer, _, and in order to induce you Lessor to extend future credit on account to said customerenter into this Schedule with Lessee, the undersigned undersigned, jointly and severally, hereby personally guarantees irrevocably and unconditionally, guaranty, without deduction or diminution by reason of counterclaim, offset, or defense, the prompt and complete payment when due under, whenever due, and performance of this Schedule to Lessor or its assigns, including any and all indebtedness now existing or hereafter incurred modifications, additions, supplements and amendments thereof, as well as all of said customer Lessee's other Schedules with Lessor that have commencement dates not later than ten (10) days after Lessor receives written notice from the undersigned of their desire not to , (hereinafter called “Vendor”) without limitguaranty any additional Schedules. The undersigned warrant and guaranty that this Schedule has been properly executed by Lessee, and further agrees agree that this is an absolute, unconditional and continuing guaranty shall be of payment of the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice irrespective of revocation is received by Vendor by registered mail. Such notice any invalidity or unenforceability of revocation shall be ineffective as to the Schedule or any then existing indebtedness of customer to Vendorprovisions thereof, or its subsidiariesthe existence, validity or as to value of any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guarantysecurity. The undersigned hereby further individually guarantees payment waive presentment notice of acceptance hereof, all accrued interestnotices of any kind to which we may be entitled, and reasonable attorneys’ feesall defenses of a 13 guarantor or surety. The undersigned consent that from time to time, collection costswithout notice to or further consent from the undersigned and without releasing or affecting the undersigned's liability hereunder, the time for payment or performance under this Schedule may be extended or accelerated in whole or part, any security therefore may be exchanged, rescheduled, enforced, sold, scheduled or otherwise dealt with, the provision of any documents may be canceled, modified or waived, any other guarantors may be rescheduled, and expenses incurred by Vendorany indulgence may be granted to Lessee, or as Lessor may in its subsidiariessole discretion determine. The obligation and liability of each undersigned is direct, in the enforcement of this Guaranty continuing and securing payment of the underlying obligations owed by customer. Guarantor’s liability under this Guaranty unconditional, shall not be diminished or affected by any sales, extensions, renewals, compromises, settlements, releases, whether or other transactions involving not the referenced customer or its indebtedness, or any collateral securing indebtednessEquipment is repossessed, and the Lessor may in its sole discretion determine. The obligation and liability of each undersigned agrees that Vendoris direct, or its subsidiariescontinuing and unconditional, need not resort for payment of the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated diminished or affected whether or not the Equipment is repossessed, and Lessor shall not be required to proceed against Lessee or resort to any other right or remedy before proceeding against the undersigned under this guaranty. No payment by the undersigned, except payment in full of all liabilities hereunder, shall entitle the undersigned to be subrogated to any change of the rights or remedies of Lessor under this Schedule. The undersigned warrant they have read this Schedule and hereby waive any and all rights to a trial by jury, and agree to the venue and jurisdiction contained therein, and agree that only full payment and performance of the Schedule can discharge the undersigned's liability. (Guarantor hereby grants to lessor a security interest in all goods as set forth in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any causeMaster Lease Agreement. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and guaranty shall be binding upon the heirs undersigned and legal the heirs, representatives, successors and assigns of such undersigned personhe undersigned, in favor of Lessor and Lessor's successors and assigns. This Guaranty is governed by the laws of the Governing State. The undersigned guarantor consents to jurisdiction guaranty cannot be terminated or changed orally and venue of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signing. The undersigned guarantor(s) in recognition that my credit history no provision hereof may be a continuing, necessary factor modified or waived except in the evaluation of this ongoing personal guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address of the agency that furnished it when requested. (Sign as individual guarantor, (Sign as individual guarantor, not as officer of corporationwriting.) not as officer of corporation.) Dated: Dated: _ Signature: _ Signature:-------------------------------------------------------------------------------

Personal Guaranty. In consideration of your having extended credit on account to the referenced customer, _FOR VALUE RECEIVED, and in order consideration for, and as an inducement to induce you _________________________, a California limited liability company, as Landlord, to extend future credit on account to said customerenter into the foregoing Office Lease dated _____________________ (the “Lease”), with _____________, as Tenant, the undersigned individual(s), ________________, hereby personally guarantees absolutely and unconditionally guarantee to Landlord, its successors and assigns, the prompt and full payment when due of any all rent and all indebtedness now existing or hereafter incurred of said customer other payments to , (hereinafter called “Vendor”) without limitbe made by Tenant under this Lease, and further agrees that this is an absolutethe full performance and observance by Tenant of all the other terms, unconditional covenants, conditions and continuing guaranty of payment of agreements therein provided to be performed and observed by Tenant, for which the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received by Vendor by registered mail. Such notice of revocation undersigned shall be ineffective as to any then existing indebtedness of customer to Vendor, or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guarantyjointly and severally liable with Tenant. The undersigned hereby further individually guarantees payment waives any notice of all accrued interestnonpayment, and reasonable attorneys’ fees, collection costs, and expenses incurred by Vendornonperformance or nonobservance, or its subsidiaries, in the enforcement proof of this Guaranty and securing payment of the underlying obligations owed by customernotice or demand. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, and the The undersigned agrees that Vendorin the event of default by Tenant under the Lease, Landlord may proceed against the undersigned before, after or its subsidiaries, need not resort for payment of the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guarantysimultaneously with proceeding against Tenant. This Guaranty shall not be abrogated terminated, affected, or impaired in any manner by reason of: (1) the assertion by Landlord against Tenant of any change of the rights or remedies reserved to Landlord pursuant to the provisions of the Lease; (2) the commencement of summary or other proceedings against Tenant; (3) the failure of Landlord to enforce any of its rights against Tenant; or (4) the granting by Landlord of any extensions of time to Tenant. The undersigned further covenants and agrees that: (1) the undersigned shall be bound by all the provisions, terms, conditions, restrictions and limitations contained in the form Lease which are to be observed or status performed by Tenant thereunder, the same as if the undersigned were named therein as Tenant; and (2) this Guaranty shall be absolute and unconditional and shall be in full force and effect with respect to any amendment, addition, assignment, sublease transfer or other modification of the customerLease, whether caused by deathor not the undersigned shall have knowledge or have been notified of or agreed or consented thereto. If Landlord at any time is compelled to take action, by legal proceedings or otherwise, to enforce or compel compliance with the admission terms of this Guaranty, the undersigned shall, in addition to any other rights or remedies to which Landlord may be entitled hereunder or as a matter of law or in equity, pay to Landlord all costs, including reasonable attorneys’ fees, incurred or expended by Landlord in connection therewith. In the event the Lease is disaffirmed by a Trustee in Bankruptcy for Tenant, the undersigned agrees that it shall, at the election of Landlord, either assume the Lease and perform all of the covenants, terms and conditions of Tenant thereunder or enter into a new ownerslease, officerswhich said new lease shall be in form and substance identical to the Lease. All duties and obligations of the undersigned pursuant to this Guaranty shall be binding upon the successors and assigns of the undersigned. For purposes of this Guaranty, shareholders or directors, or their withdrawal or by any change in the business word “Tenant” shall include the successors and assigns of customer from any causethe undersigned. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed by and construed in accordance with the laws of the Governing StateState of California. The undersigned guarantor consents further agrees that, to jurisdiction the extent that Tenant makes a payment or payments to Landlord or Landlord receives any proceeds of collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or otherwise is required to be repaid to Tenant, its estate, trustee, receiver or any other party, including, without limitation, under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligations of Tenant or part thereof which has been paid, reduced or satisfied by such amount shall be reinstated and venue continued in full force and effect as of the Vendordate such initial payment, reduction or satisfaction occurred. The undersigned shall defend and indemnify Landlord of and from any claim or loss under this paragraph including Landlord’s choice attorney and paralegal fees and expenses and other expenses in the defense of any such action or suit. The undersigned waives and shall have no right of subrogation, indemnification, reimbursement or exoneration with respect to the liabilities of Tenant under the Lease or any suit initiated rights of contribution from any other guarantors of such liabilities. “Guarantor waives (i) notice of acceptance of this guaranty and any and all notices and demands of every kind that may be required to be given by Vendor any statute or rule or law, (ii) presentment, demand, notice of dishonor, protest and all other notices whatsoever, (iii) any right to participate in any security now or later held by Landlord, (iv) any right to enforce this Guaranty Agreement and/or remedies Tenant now has, or later may have, against Landlord, (v) diligence in collection or protection of or realization upon any obligation hereunder, or any security for or guaranty of any of the foregoing, and any and all formalities that otherwise might be legally required to recover unpaid balances due under said Guaranty Agreement. If signed charge Guarantor with liability, (vi) any right to require Landlord to proceed against Tenant or any other person at any time or to proceed against or exhaust any security held by more than oneLandlord at any time or to pursue any other remedy whatsoever at any time, (vii) the defense of any statute of limitations affecting the liability of Guarantor hereunder or the enforcement thereof, to the extent permitted by law, (viii) any duty of Landlord to advise Guarantor of any information known to Landlord regarding the financial condition of Tenant (it shall jointly is agreed that Guarantor assumes the responsibility for being and severally bind each person signingkeeping informed regarding such condition), (ix) Civil Code Sections 2800-2802, 2807, 2809, 2819, 2845, 2849, and 2850. The undersigned guarantor(s) obligations of Guarantor hereunder are independent of the obligations of Tenant and, in recognition that my credit history the event of any default hereunder, a separate action or actions may be a continuing, necessary factor in the evaluation of this ongoing personal guaranty, hereby consents to brought and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask prosecuted against Guarantor whether or not Tenant is joined therein or a personal credit report was requestedseparate action or actions are brought against Tenant." Dated: _______________________________, you will tell me; if you receive 200______. __________________________________________ Signature EXHIBIT E SUITE ACCEPTANCE AGREEMENT Building Name/Address: 5000 Xxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxxxx Tenant Name: Derycz Scientific, Inc. Suite Number: 202 As a personal credit report you will give me the name and address representative of the agency that furnished it when requestedabove referenced tenant, I/we have physically inspected the suite noted above and its improvements with a representative of 5435 Balboa, LLC. (Sign I/we accept the suite improvements as individual guarantorto compliance with all the requirements indicated in our lease, (Sign as individual guarantor, not as officer also including the following verified information below: Lease Commencement Date: Occupancy Date: Lease Rent Start Date*: Actual Rent Start*: Lease Expiration Date: Actual Expiration Date: Date Keys Delivered: Tenant currently has possession of corporation.) not as officer of corporation.) Datedthe Premises and has their own keys. Items requiring attention: Dated: ________________________________________________________________________ Signature: ____________________________________________________________________________________________ Signature:____________________________________________________________________________________________ ____________________________________________________________________________________________

Personal Guaranty. In consideration of your having extended the extension of credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer("Applicant"), the undersigned hereby personally undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the prompt payment when due of any Applicant to United Rentals ("UR"). It is understood and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees agreed that this is an absolute, unconditional and a continuing guaranty of payment and UR shall not be obligated to notify the undersigned of the debtsdates or amounts of any such credit, liabilities, that the undersigned waives demand and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received default and agrees that any extension of time or other forbearance, which may be gran xxx by Vendor by registered mail. Such notice of revocation UR shall be ineffective as to any then existing indebtedness of customer to Vendor, not affect or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon alter UR's rights under this Guarantyguaranty. The undersigned hereby further individually guarantees waives: (a) notice of acceptance of this guaranty; (b) any demand for payment under this guaranty; (c ) benefit of all accrued interest, exemptions and reasonable attorneys’ fees, collection costs, homestead laws; (d) all set-offs and expenses incurred by Vendor, or its subsidiaries, in counterclaims; and (e) all other notices to which the enforcement of this Guaranty and securing payment of the underlying obligations owed by customerundersigned might otherwise be entitled. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, The undersigned for themselves and the undersigned Applicant further agrees that Vendor, or its subsidiaries, need not resort for payment of to pay a service charge to UR at the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed maximum rate allowed by the laws of the Governing Statejurisdiction wh ere the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney's fees and all other fees arising from collection. This is a guaranty of payment and not of collection and the undersigned further waive s any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned's obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of UR, its successors and assigns and shall bind the heirs, executors, pe rsonal representati ves, administrators, assignees, purchasers, and other successors of the undersigned. If any provision or part of this guarant y is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may be, shall be deemed n ull and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such provision. The undersigned's obligations hereunder may be canceled only by written notice delivered to UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR's receipt of the cancellation notice, together with all pre - and post- cancellation service charges, reasonable costs of collection, including attorney's fees, incurred in UR's efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned guarantor agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subj ect in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR's extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signingDelaware. The undersigned guarantor(srecognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Applicant shall not use said payments for any other purpose until payment in full has been made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant's ability to rent and/or purchase eq uipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx. xxxxxxxxxxxxx.xxx/xx/xxxxx/xxxxxx-xxxxxxxxx], as amended from time to time (collectively the "Rental Agreement"). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect the undersign ed's liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in recognition that my credit history may be a continuing, necessary factor use at the time of each rental or sales transaction in the evaluation jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this ongoing personal Credit Ag reement and guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies regardless of whether the Rental Agreement is executed by an authorized representative of Applicant or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process undersigned. A copy of the affect current terms and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address xxxxxx ions of the agency that furnished it when requestedRental Agreement is available upon request. (Sign as individual guarantor, (Sign as individual guarantor, not as officer Individual Signature Date Signed Print Name of corporation.) not as officer Individual Social Security Number Home Address City State Zip Witness Signature Date Print Name of corporation.) Dated: Dated: _ Signature: _ Signature:Witness

Personal Guaranty. In consideration of your having extended the extension of credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer(“Applicant”), the undersigned hereby personally undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the prompt payment when due of any Applicant to United Rentals (“UR”). It is understood and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees agreed that this is an absolute, unconditional and a continuing guaranty of payment and UR shall not be obligated to notify the undersigned of the debtsdates or amounts of any such credit, liabilities, that the undersigned waives demand and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received default and agrees that any extension of time or other forbearance, which may be granted by Vendor by registered mail. Such notice of revocation UR shall be ineffective as to any then existing indebtedness of customer to Vendor, not affect or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon alter UR’s rights under this Guarantyguaranty. The undersigned hereby further individually guarantees waives: (a) notice of acceptance of this guaranty; (b) any demand for payment under this guaranty; (c) benefit of all accrued interest, exemptions and reasonable attorneys’ fees, collection costs, homestead laws; (d) all set-offs and expenses incurred by Vendor, or its subsidiaries, in counterclaims; and (e) all other notices to which the enforcement of this Guaranty and securing payment of the underlying obligations owed by customerundersigned might otherwise be entitled. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, The undersigned for themselves and the undersigned Applicant further agrees that Vendor, or its subsidiaries, need not resort for payment of to pay a service charge to UR at the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed maximum rate allowed by the laws of the Governing Statejurisdiction where the originating UR location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses UR incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with UR, including without limitation reasonable attorney’s fees and all other fees arising from collection. This is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned’s obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of UR, its successors and assigns and shall bind the heirs, executors, personal representatives, administrators, assignees, purchasers, and other successors of the undersigned. If any provision or part of this guaranty is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such provision. The undersigned’s obligations here under may be canceled only by written notice delivered to UR by certified mail, with proof of delivery. Upon receipt by UR of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of UR’s receipt of the cancellation notice, together with all pre- and post- cancellation service charges, reasonable costs of collection, including attorney’s fees, incurred in UR’s efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned guarantor agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subject in right of payment to the prior payment in full of all indebtedness to UR by Applicant. In consideration of UR’s extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signingDelaware. The undersigned guarantor(srecognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by UR pursuant to this agreement to be held in a separate account in trust for payment to UR. The undersigned agrees that the Applicant shall not use said payments for any other purpose until payment in full has been made to UR. The undersigned agrees to act as a fiduciary for payment to UR in exchange for the Applicant’s ability to rent and/or purchase equipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for UR shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C. §523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://xxx.xxxxxxxxxxxxx.xxx/en/legal/rental-agreement], as amended from time to time (collectively the “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect the undersigned’s liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in recognition that my credit history may be a continuing, necessary factor use at the time of each rental or sales transaction in the evaluation jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this ongoing personal Credit Agreement and guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies regardless of whether the Rental Agreement is executed by an authorized representative of Applicant or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process undersigned. A copy of the affect current terms and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address conditions of the agency that furnished it when requestedRental Agreement is available upon request. (Sign as individual guarantor, (Sign as individual guarantor, not as officer Individual Signature Date Signed Print Name of corporation.) not as officer Individual Social Security Number Date of corporation.) Dated: Dated: _ Signature: _ Signature:Birth Home Address City State Zip Witness Signature Date Print Name of Witness

Personal Guaranty. In consideration of your having extended credit on account The undersigned individual hereby absolutely and unconditionally guarantees to the referenced customerHolder the performance by the Company of each and every covenant, _agreement and obligation of the Company under this Note including, and in order to induce you to extend future credit on account to said customerwithout limitation, the undersigned hereby personally guarantees payment to the prompt payment when Holder (or, if applicable, successors or assignees) of all sums due of any and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees that this is an absolute, unconditional and continuing guaranty of payment of under the debts, liabilities, and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received by Vendor by registered mail. Such notice of revocation Note at the time such sums shall be ineffective as to any then existing indebtedness of customer to Vendor, or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon this Guarantydue and payable. The undersigned hereby further individually guarantees payment obligation of all accrued interest, and reasonable attorneys’ fees, collection costs, and expenses incurred by Vendor, or its subsidiaries, in the enforcement of this Guaranty and securing payment of the underlying obligations owed by customer. Guarantor’s liability Guarantor under this Guaranty shall be a direct and primary obligation, and the Holder shall not be affected required to exhaust any of its rights or remedies against the Company or any Guarantor prior to making any demand on or invoking any of the Holder's rights and remedies against the Guarantor. In any action brought by Holder against the Guarantor under this Guaranty, the Guarantor shall not be entitled to, and shall not, plead as a defense that Holder is legally or equitably insolvent or is dissolved or liquidated, and the Guarantor covenants and agrees to pay to the Holder all costs and expenses (including attorney's fees) incurred by Holder in any salessuch action. The Guarantor hereby (i) waives presentment, demand, notice, protest, notice of protest and notice of non-payment and any other notice required to be given under the law in connection with the delivery, acceptance, performance, default or enforcement of the Note or any of any document or instrument evidencing any security for payment of this Note; (ii) consents to any and all delays, extensions, renewalsrenewals or other modifications of the Note or waivers of any term hereof or release or discharge by the Holder of the Company or release, compromisessubstitution or exchange of any security or guarantee for the payment hereof or the failure to act on the part of the Holder or any indulgence shown by the Holder, settlementsfrom time to time and in one or more instances, releases(without notice to or further assent from the Company) and agrees that no such action, failure to act or failure to exercise any right or remedy, on the part of the Holder shall in any way affect or impair the obligations of the Company or the Guarantor or be construed as a waiver by the Holder of, or other transactions involving otherwise affect, any of the referenced customer Holder's rights under this Note or its indebtedness, under any document or instrument evidencing any collateral securing indebtedness, and the undersigned agrees that Vendor, security or its subsidiaries, need not resort guarantee for payment of this Note; and (iii) agrees to pay in the indebtedness to event of a default hereunder, on demand, all costs and expenses of collection of this Note and/or the customer enforcement of the Holder's right with respect to, or the administration, supervision, preservation, protection of, or realization upon, any other person property securing payment or collateralguarantee of payment hereof, before enforcing its rights under this Guarantyincluding reasonable attorneys' fees plus costs, all such amounts payable as obligations of the Company. This Guaranty and all rights, obligations and liabilities arising hereunder shall be construed and enforced in accordance with the laws of the State of Florida. This Guaranty shall not be abrogated by any change in bind the form or status of Guarantor below and the customerGuarantor's heirs, whether caused by deathlegatees, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns assigns, and shall inure to the benefit of such undersigned person. This Guaranty is governed by the laws of the Governing State. The undersigned guarantor consents to jurisdiction Holder, its successors and venue of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signing. The undersigned guarantor(s) in recognition that my credit history may be a continuing, necessary factor in the evaluation of this ongoing personal guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process of the affect and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address of the agency that furnished it when requested. (Sign as individual guarantor, (Sign as individual guarantor, not as officer of corporationits assigns.) not as officer of corporation.) Dated: Dated: _ Signature: _ Signature:

Personal Guaranty. In consideration of your having extended the extension of credit on account to the referenced customer, _, and in order to induce you to extend future credit on account to said customer("Applicant"), the undersigned hereby personally undersigned, jointly, severally and unconditionally guarantees and promises to pay all amounts now owing or which may hereinafter become owing by the prompt payment when due of any Applicant to Opifex LLC ("Opifex"). It is understood and all indebtedness now existing or hereafter incurred of said customer to , (hereinafter called “Vendor”) without limit, and further agrees agreed that this is an absolute, unconditional and a continuing guaranty of payment and Opifex shall not be obligated to notify the undersigned of the debtsdates or amounts of any such credit, liabilities, that the undersigned waives demand and obligations of said customer guaranteed hereby, and this Guaranty shall continue in full force and effect unless written notice of revocation is received default and agrees that any extension of time or other forbearance, which may be granted by Vendor by registered mail. Such notice of revocation Opifex shall be ineffective as to any then existing indebtedness of customer to Vendor, not affect or its subsidiaries, or as to any transaction or commitment previously undertaken by Vendor, or its subsidiaries, in reliance upon alter Opifex's rights under this Guarantyguaranty. The undersigned hereby further individually guarantees waives: (a) notice of acceptance of this guaranty; (b) any demand for payment under this guaranty; (c) benefit of all accrued interest, exemptions and reasonable attorneys’ fees, collection costs, homestead laws; (d) all set-offs and expenses incurred by Vendor, or its subsidiaries, in counterclaims; and (e) all other notices to which the enforcement of this Guaranty and securing payment of the underlying obligations owed by customerundersigned might otherwise be entitled. Guarantor’s liability under this Guaranty shall not be affected by any sales, extensions, renewals, compromises, settlements, releases, or other transactions involving the referenced customer or its indebtedness, or any collateral securing indebtedness, The undersigned for themselves and the undersigned Applicant further agrees that Vendor, or its subsidiaries, need not resort for payment of to pay a service charge to Opifex at the indebtedness to the customer or any other person or collateral, before enforcing its rights under this Guaranty. This Guaranty shall not be abrogated by any change in the form or status of the customer, whether caused by death, by the admission of any new owners, officers, shareholders or directors, or their withdrawal or by any change in the business of customer from any cause. This Guaranty shall be binding upon each person signing this Guaranty, regardless of any failure of other persons to sign this Guaranty, and shall be binding upon the heirs and legal representatives, successors and assigns of such undersigned person. This Guaranty is governed maximum rate allowed by the laws of the Governing Statejurisdiction where the originating Opifex location(s) stated on the invoice(s) is located on all delinquent balance(s) as well as all costs and expenses Opifex incurs in connection with the collection of any delinquent balance or any other default by the Applicant on any agreement or transaction the Applicant may enter into with Opifex, including without limitation reasonable attorney's fees and all other fees arising from collection. This is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the Applicant or other person or to require that resort be had to any security. The undersigned's obligation shall remain effective and be enforceable regardless of any subsequent incorporation, reorganization, merger or consolidation transfer or sale of the Applicant or any other change in the composition, nature, personnel, or location of the Applicant. This guaranty shall inure to the benefit of Opifex, its successors and assigns and shall bind the heirs, executors, personal representatives, administrators, assignees, purchasers, and other successors of the undersigned. If any provision or part of this guaranty is in conflict with any applicable statute or rule of law, such provision, or part thereof, as the case may be, shall be deemed null and void to the extent that it may conflict therewith, but without invalidating the remaining provisions hereof or the remaining part of such provision. The undersigned guarantor hereby consent(s) to Opifex's use of a non-business consumer credit report on the undersigned in order to further evaluate the credit worthiness of the undersigned as principal(s), proprietor(s), and/or grantor(s) in connection with the extension of business credit as contemplated by this credit application. The undersigned hereby authorize(s) Opifex to obtain and utilize a consumer credit report on the undersigned from time to time in connection with the extension or continuation of the business credit represented by the credit application. The undersigned as (an) individual(s) hereby consent(s) to the use of such credit report consistent with the Federal Fair Credit Reporting Act as contained in 15 USC§ 1681 et seq. The undersigned's obligations hereunder may be canceled only by written notice delivered to Opifex by certified mail, with proof of delivery. Upon receipt by Opifex of such cancellation notice, the undersigned shall not be liable for any further extensions of credit to the Applicant; however, the undersigned shall continue to be liable for all indebtedness of Applicant incurred prior to the date of Opifex's receipt of the cancellation notice, together with all pre- and post- cancellation service charges, reasonable costs of collection, including attorney's fees, incurred in Opifex's efforts to collect any indebtedness incurred prior to the date of receipt of the cancellation notice. The undersigned agrees that any and all claims of the undersigned against the Applicant shall be subordinate and subject in right of payment to the prior payment in full of all indebtedness to Opifex by Applicant. In consideration of Opifex's extension of credit to Applicant, the undersigned hereby expressly waives any right of trial by jury in any proceeding arising out of, or relating to, this guaranty, to the extent allowed by the laws of the State of Delaware. The undersigned further consents to jurisdiction and venue for any such action in Kent County, State of the Vendor’s choice with respect to any suit initiated by Vendor to enforce this Guaranty Agreement and/or to recover unpaid balances due under said Guaranty Agreement. If signed by more than one, it shall jointly and severally bind each person signingDelaware. The undersigned guarantor(srecognizes the obligation both of the Applicant and the undersigned to cause that portion of all payments received by Applicant which include payment to Applicant for the equipment and supplies furnished by Opifex pursuant to this agreement to be held in a separate account in trust for payment to Opifex. The undersigned agrees that the Applicant shall not use said payments for any other purpose until payment in full has been made to Opifex. The undersigned agrees to act as a fiduciary for payment to Opifex in exchange for the Applicant's ability to rent and/or purchase equipment and supplies on credit. The undersigned agrees that any failure to hold payments in trust for Opifex shall create a debt which is not dischargeable in bankruptcy and which shall be an exception to discharge pursuant to the terms of 11 U.S.C.§523(a)(4) and (6). The undersigned agrees to be bound, by the Online Rental Agreement Terms and Conditions [xxxxx://0xxxx00x-x000-00xx-x0xx-0xx00x000x00.xxxxxxxx.xxx/ugd/6bc5f2_1b966ff250c14b4590fe7c30cf1977c7.pdf], as amended from time to time (collectively the "Rental Agreement"). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect the undersign's liability. The undersigned acknowledges that the Rental Agreement terms and conditions may change over time and agrees to be bound by such terms and conditions in recognition that my credit history may be a continuing, necessary factor use at the time of each rental or sales transaction in the evaluation jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference and constitute a part of this ongoing personal Credit Agreement and guaranty, hereby consents to and authorizes Vendor to periodically obtain my consumer credit report from credit reporting agencies regardless of whether the Rental Agreement is executed by an authorized representative of Applicant or others who supply information on credit history, as deemed necessary in the ongoing credit evaluation process undersigned. A copy of the affect current terms and duration of this personal guaranty. If I ask whether or not a personal credit report was requested, you will tell me; if you receive a personal credit report you will give me the name and address conditions of the agency that furnished it when requestedRental Agreement is available upon request. (Sign as individual Individual Signature Date Signed Print Name of Individual Social Security Number Home Address City State ZIP ■ Witness Signature Date Print Name of Witness ■ Has Applicant or any of its owners, partners, officers, directors, or managing members, or any guarantor, (Sign as individual guarantorever been a debtor in a voluntary or an involuntary bankruptcy Yes D No filing, not as officer had a receiver appointed, or made an assignment for the benefit of corporation.) not as officer creditors? Has any of corporation.) Dated: Dated: _ Signature: _ Signature:Applicant's owners, partners, officers, directors, or managing members ever been an owner, partner, officer, director, or managing member of any business Yes D No enterprise which was a debtor in a voluntary or an involuntary bankruptcy filing, had a receiver appointed, or made an assignment for the benefit of creditors? ■