Table of Contents:
	Definitions and Applicability		Compliance with Legal and Regulatory Constraints and Confidential/Proprietary Information
	Supplies		Indemnification and Limitation of Liability
	Equipment		Authority and Choice of Law
	Motor Vehicles		Assignment and Entire Agreement
	Network Capacity		Counter Parts and Termination
	Personnel		Survival of Obligations and Force Majeure
	Billing and Legal Point of Contact		Order of Precedence and Cooperation
	Safety		Effective Date

4. Equipment

At the time the Requester determines the need to request Equipment from the Provider (to the extent such Equipment is being requested separately from Provider personnel and is not intended to accompany and be used by Provider personnel), the Requester NSEP Organization will identify to the Provider NSEP Organization the name, address, telephone and facsimile numbers of the POC for Equipment (hereinafter Requester POC for Equipment) from whom all requests for Equipment will originate. Likewise, the Provider NSEP Organization will identify to the Requester NSEP Organization the name, address, telephone and facsimile numbers of the POC for Equipment (hereinafter Provider POC for Equipment) who will be responsible for handling all requests for Equipment.

Any transaction will require that the NSEP Organizations in each party to the transaction also identify to one another their POC for Legal and their POC for Billing.

1. Ordering — Only Equipment requested by the Requester POC for Equipment from the Provider POC for Equipment shall be subject to the terms of this Agreement.

1. Request — The Requester POC for Equipment will contact the Provider POC for Equipment with a written request for Equipment, specifying:

• Items of Equipment being requested
• Quantity of each item requested
• Whether the requested Equipment is to be purchased, leased or loaned
• Estimated duration of lease or loan period
• Requested delivery date
• Shipping address or addresses
• Deadline for responding to the request
  
  
  
2. Response — The Provider POC for Equipment will respond to the Requester POC for Equipment with a signed written statement proposing either Unit Pricing or Cost Plus Pricing to include:


• Items available for shipment (only Equipment which is in proper working order and safe for use will be offered to the Requester)
• Quantity of each item available
• Whether the Equipment may be purchased, leased or loaned
• Unit Price or Cost Plus Price to purchase or lease each item (quoted on a daily, weekly or monthly basis)
• Anticipated shipment date
  

  The prices quoted by the Provider will include all costs which the Provider intends to recover from the Requester, such as:

• Actual replacement cost or current depreciated value of the unit
• Shipment costs (round trip for leased items)
• Insurance (for shipment and for loss and liability due to use of leased Equipment in the designated work area)
• Administrative costs
• License and permit fees required by the Provider to sell or lease Equipment to the Requester
• Applicable taxes
• Contribution

  The price of each item of Equipment will exclude the cost of gas and oil for the operation of the Equipment while in the possession of the Requester. Such cost will be borne by the Requester.

  The Provider POC will be responsible for obtaining the authorizing signature in the Provider organization as appropriate for the total dollar amount of the transaction.

3. Confirmation — The Requester POC for Equipment will respond to the Provider POC for Equipment with a signed written confirmation accepting or rejecting the proposal in part or in total. The confirmation will include:


• Items of Equipment to be provided
• Whether the item is to be purchased, leased or loaned
• Concurrence with the quoted purchase or lease price of each item
• Delivery address or addresses
• Name and telephone number of the point(s)-of-contact at the delivery address or addresses
• Any other required shipping instructions

  The Requester POC will be responsible for obtaining the authorizing signature in the Requester organization as appropriate for the total dollar amount of the transaction.

2. Tracking — The Provider POC for Equipment, upon shipment of Equipment, will provide the Requester POC for Equipment with an inventory of Equipment being shipped to include:
   
• Manufacturer, model and serial (or company ID) number of each item
• Whether the item is being purchased, leased or loaned
• Date(s) shipped or planned date(s) of shipment
• Method of shipment (e.g., commercial carrier, transport by the Provider, etc.)
• Instructions for routine maintenance to be performed by the Requester
• Delivery address of each item
  
  
3. Routine Maintenance and Repair to Ensure Proper Working Condition and Safety — The Requester will perform or arrange for the performance of routine maintenance on all leased and loaned Equipment normally requiring such maintenance. Such routine maintenance will be performed as deemed necessary by the Requester unless specified in the tracking inventory furnished by the Provider. The Requester will also repair or have repaired any Equipment requiring such repair while in use by the Requester. The Requester will keep a log of all routine maintenance and repairs performed on Provider Equipment.
   
   
4. Return of Equipment — When the Requester is ready or required by the Provider to return leased or loaned Equipment to the Provider, the Requester POC for Equipment will notify the Provider POC for Equipment and request shipping instructions.

1. Maintenance Log — Upon return of Equipment to the Provider, the Requester will furnish a maintenance log to the Provider POC for Equipment of all repairs and routine maintenance performed on leased and loaned Equipment while in the possession of the Requester.

2. Provider Acceptance Testing — The Provider will perform acceptance testing upon return of Equipment to ensure that it is in proper repair and safe working order.

3. Damaged Equipment — The Requester agrees to return to the Provider leased and loaned Equipment provided by the Provider in the same condition as received, except for wear associated with normal usage. In the event leased or loaned Equipment is returned damaged or in inoperable condition, the Requester shall, at the option of the Provider, restore the Equipment to its original condition or reimburse the Provider for the actual cost of placing such Equipment in service and restoring such Equipment to its original condition at the time it was leased or loaned except for wear associated with normal usage.

4. Equipment Lost, Stolen or Damaged Beyond Repair — If leased or loaned Equipment is lost, stolen, or damaged beyond repair, the Requester shall reimburse the Provider for the current depreciated value of such Equipment except to the extent covered by insurance payable to the Provider and included in the costs to the Requester. Billing for lost, stolen or damaged Equipment will be submitted on a separate invoice.



5. Billing — Arrangements, terms and conditions for billing will be negotiated by the Requester and Provider POCs for Billing. The Provider invoice should generally reflect the confirmation document with the Unit Price or the itemized details of the Cost Plus Price such as:
   
• Equipment type
• Manufacturer, model number and serial (or company ID) number of each unit
• Indication that the unit was purchased or leased
• Unit cost or Cost Plus Price to purchase or lease each unit as agreed to during the ordering process
• Total amount due from the Requester

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