ComplaintCal. Super. - 3rd Dist.July 31, 2017S A L V I O O S S Y 79 SY TA MA “Y L U P E O Y JO SA SI AA O MV 'T o O N D n H n F& F W Y NY N y N O NY N O N N O HD N Y w m m m t l e o n A M N f F Y e MY M SH O o O o w e N K O H R R h O W KY KS CO 5177-062370015 2017062314:91 Page Robert A. Wilks, Attorney at Law California Bar No. 47,256 Law Offices of Robert A. Wilks & Associates 1801 E. Parkcourt Place, Suite F 102 Santa Ana, CA 92701 (714) 838-2830 FAX: (714) 838-5990 Attorneys for Plaintiff, THE HERTZ CORPORATION Uacho. SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER BILL SANTUCCI JUSTICE CENTER THE HERTZ CORPORATION, a Corporation, Plaintiff(s), vs. GARY CLARK, an Individual; VICTOR A. RODRIGUEZ, an Individual; DOES | tol0; Defendant(s). Case No.: MCV00681592 COMPLAINT FOR MONEY UPON BREACH OF CONTRACT; NEGLIGENCE; BREACH OF BAILMENT AGREEMENT AMOUNT: $13,575.37 LIMITED OR UNLIMITED CIVIL CASE Plaintiff alleges as follows: FIRST CAUSE OF ACTION FOR MONEY UPON BREACH OF CONTRACT AGAINST GARY CLARK and DOES 1 to 10 1) The true names and/or capacities of Defendants DOES 1 to 10 are unknown to Plaintiff, who therefore sues them by fictitious names. Plaintiff is informed and believes and thereon alleges that each of said DOE Defendants is liable to Plaintiff of the acts and conduct alleged herein, and further that each of said DOE Defendants was the agent, servant or employee of the other Defendants including the other DOE Defendants, and in doing the acts, omission and events alleged herein, were acting within the scope and course of such agency, servitude and/or COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT File By Fax Page 1 of 6 S A L V I O O S S Y 29 S Y T I M “V Y L U d d O Y JO S A D I S A O M V ’ o o o N D B A FS F W NY N O N O N O NO NO HN O CT H KN R O w m m e mm l m l t o o X N D n A F& F W Y N O K § FO H O B e NH DB O a e F& F Ww W NY O K - O S 5177-062370015 2017062314:91 Page employment. Plaintiff will seek leave of court to amend this complaint to insert the correct names and identities of each of the DOE Defendants when ascertained by Plaintiff. 2) Plaintiff is informed and believes and thereon alleges that at all times mentioned herein DOE 10 was and is now a corporation under the laws of this state. 3) Prior to the commencement of this action and at all times mentioned in this complaint, the Plaintiff was authorized to do business in this state in the general business of vehicle rentals and is now and was a Corporation duly organized and existing by and pursuant to Law. The Acts and Events complained of herein occurred within, which is the subject of this action, is within the county of PLACER in the City of Auburn, State of California, and this court district and this court is the proper court for the commencement and trial of this action. 4) The obligation sued upon herein is not subject to Civil Code §1812.10 or 2984.4. 5) Plaintiff is informed and believes and thereon alleges that on or about 1/25/2016, a written agreement was made between THE HERTZ CORPORATION and the Defendants GARY CLARK under the terms of which the Defendant rented a vehicle from the Plaintiff. As a condition precedent to the rental of the vehicle from The Hertz Corporation and per the terms and conditions of the signed rental vehicle contract, Defendant agreed to “be responsible for all loss or damage to the rented vehicle even if someone else caused it or the cause is unknown”. In addition, Defendant agreed to pay for any and all of the “actual charges for towing, storage, and impound fees and an administrative charge” in the event that any damage came to the rental vehicle. A true copy of said vehicle rental agreement is attached hereto and marked as Exhibit “A,” and by this reference made a part hereof as if set forth in full. 6) On or about 1/27/2016, Defendant breached their said Rental Vehicle agreement because the rental vehicle sustained damage while in the exclusive use and possession of the Defendant during the terms of the rental agreement. . 7) Despite the demand for payment of the repair costs/ total loss value and other charges as provided for in the Hertz Rental Agreement , Defendant has failed to remit the cost of repairs/ total loss value in the amount of $12,762.00 or the costs of towing and storage in the amount of COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT Page 2 of 6 S A L V I O O S S Y 29 S H T I M “Y L Y a d O Y JO S A O I S A O MV ’T O o S e N A O W N FS F W Y N Y N O N O N O N H N O H N H N Y D Y N w w m m e e 5177-062370015 2017062314:91 Page $696.00 or the administrative fees in the amount of $117.37 for a total amount due and owing of $13,575.37. 8) Plaintiff has performed all of the terms and conditions of the aforementioned contract on its part to be performed, the Defendants have breached that agreement by failing to pay such sums of money as were due under the terms of said agreement. 9) No part of said sum has been paid, and the entire amount thereof is now due, owing and unpaid, together with the legal rate of 10 % interest thereon from and after 1/27/2016. SECOND CAUSE OF ACTION FOR NEGLIGENCE AGAINST GARY CLARK and DOES 1 to 10 10) Plaintiff refers to the allegations contained in Paragraphs 1 through 9 and by this reference makes them a part hereof as if set forth in full. 11) When Defendant accepted exclusive control and use of Plaintiff's rental vehicle, Defendant became obligated to use, operate and maintain said vehicle in a safe and damage free manner and condition. Plaintiff is informed and believes and thereon alleges that Defendant breached said duty of care. 12) Plaintiff is informed and believes and thereon alleges that on or about 1/27/2016, while in the Defendant’s exclusive use and possession, the Defendant negligently and carelessly drove, operated and/or used the rental vehicle belonging to Plaintiff OR negligently allowed others to drive, operate and /or use said vehicle in such a manner so as to cause significant and extensive damage to said rental vehicle. 13) Such negligence and carelessness is the direct and proximate cause of the damages suffered by the Plaintiff. The direct and legal consequences of the negligence of the Defendants and each of them, was that Plaintiff suffered damages in the amount of repair costs and / or total loss value of the rental vehicle, towing, storage and loss of use during repairs for a total loss in the amount of $13,575.37. COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT Page 3 of 6 SA LV IO OS SY 77 SN TI M “W LU AG OY JO S AI LL IO MV ] o o o N D n A H FS F W Y NY No y wo NH N H NH NY NY N O NO HK KF HF KF KF HF F O E S S | o N NA O A N eB B Y N Y K F C O C O P e N B O A ke W Y N Y | CS 5177-062370015 2017062314:91 Page 14) Demand for payment of the damages has been made upon the Defendants and each of them, but the Defendants and each of them failed and refused to pay the same, and the whole thereof, to wit $13,575.37 together with interest thereon at the legal rate of 10% per annum from and after 1/27/2016 is now due, owing and unpaid. THIRD CAUSE OF ACTION BREACH OF BAILMENT AGREEMENT AGAINST DEFENDANTS GARY CLARK_and DOES 1 to 10 15) Plaintiff refers to Paragraphs | through 14 of this complaint and by this reference incorporates them herein as though set forth in full. 16) On or about 1/25/2016, the Defendant rented a vehicle from the Plaintiff. Plaintiff delivered the custody and control of said vehicle to the Defendant in exchange for the express or implied promise of the Defendants that Defendants would hold, use and exclusively control the Property in a careful and prudent manner, and would return the Property of the Plaintiff in the same condition as when delivered, reasonable wear and tear excepted. The Defendants and each of them accepted the delivery and exclusive control of the Plaintiff's rental vehicle into their custody, but failed to exercise careful and prudent control over said Property and rather acted negligently and carelessly in the exercise of Defendants’ use and control of the Plaintiff's Property, and failed to prevent the damage and/or loss of such Property while such Property was in the exclusive control of the Defendants and each of them. 17) On 1/27/2016, Defendant damaged the Plaintiffs rental vehicle or allowed the Plaintiff's vehicle to be damages. As the direct and proximate result of the carelessness and negligence of the Defendant’s and each of them in and toward the care and custody of the Plaintiff's rental vehicle while in the exclusive custody of said Defendants, such Property was damaged or lost and in immediate need to repair or replacement. Further, Plaintiff is informed and believes and thereon alleges that the Defendants and each of them were rendered unable to return COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT Page 4 of 6 File By Fax a -£00 S A L V I O O S S Y 3 S X T I M “V Y L U I A O Y AO S A D I A A O MV 'T o O o e o n A a vA F& F WW N Y = N O N O N O N H N H W H N H N O N O | | | | | FF KF = | - o N N O N UU S e l U M h G L l U L N O O P CC O O S il UU TU TU C N C C U C O C O N C U l U W e L U l U C U M G O N S H C O 5177-062370015 2017062314:91 Page! the custody of the Plaintiff's rental vehicle to the Plaintiff in the same condition thereof as when delivered, due to such damage and/or loss of the Plaintiff's Property. 18) Plaintiff alleges that by reason of the negligent operation of said vehicle and as the direct and proximate negligence of the aforesaid , Plaintiff is owed the costs of repairing or replacing the rental vehicle, plus the costs of towing and storage and an administrative fee all in the amount of $13,575.37 and plus interest thereon at the rate to ten (10%) per year from and after 1/27/2016 is now due and owing to the Plaintiff. 19) A Demand for Payment of said sum has been made against the Defendants and each of them, but said Defendants have failed and refused to pay the sum to Plaintiff and that the whole of said sum is now due, owing and unpaid. FOURTH CAUSE OF ACTION FOR NEGLIGENCE AGAINST VEHICLE OPERATOR VICTOR A. RODRIGUEZ and DOES 1 to 10 20) Plaintiff refers to the allegations contained in Paragraphs 1 through 19 and by this reference makes them a part hereof as if set forth in full. 21) Plaintiff is informed and believes and thereon alleges Defendant VICTOR A. RODRIGUEZ was an unauthorized operator of the Rental Vehicle at the time of the accident. 22) Plaintiff is informed and believes and thereon alleges that the operator Defendant did operate said vehicle in an negligent and careless manner and with out regard for the obligation of all vehicles operators to operate vehicles safely and in accordance with the rules of the road , and did then and there cause their vehicle to collide with other vehicles on the freeway in such a severe manner as to cause extensive damage to the vehicle of the Plaintiff. 23) As the direct and proximate result of the Defendant’s negligence and carelessness as herein alleged, the Plaintiff's vehicle was severely damaged and deemed a total loss. 24) The direct and legal consequences of the negligence of the Defendant VICTOR A. RODRIGUEZ was that Plaintiff suffered damages in the amount of total loss value of the rental vehicle, towing, storage and loss of use during repairs for a total loss in the amount of $13,575.37 . COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT Page 5 of 6 File By Fax Anf IR S H L V I O O S S Y 3 S Y T I M "Y L Y A E O Y JO S A O L Y O M V T o O e e N H N On F F W Y NY O - N O N O H O N H H O H H N O H O N O | | H F H F HF F e F O E S S | o N NW N U N S F W O NY §S § CF BO CB O Q D H H SF W Y NH | S& S 5177-062370015 2017062314:91 Page 1 25) The total cost of damages is the sum of $13,575.37 which sum, together with the interest thereon at the legal rate of 10% per year, from and after 1/27/2016 is now due, owing and unpaid by the Defendants and each of them. 26) Demand for payment of the damages has been made upon the Defendants and each of them, but the Defendants and each of them failed and refused to pay the same, and the whole thereof, to wit $13,575.37 together with interest thereon at the legal rate of 10% per annum from and after 1/27/2016 is now due, owing and unpaid. WHEREFORE, Plaintiff prays Judgment against the Defendant(s) GARY CLARK and VICTOR A. RODRIGUEZ as follows: 1. For the sum of $13,575.37 together with interest thereon at the rate of ten percent (10%) per year from and after 1/27/2016; 2: For the cost of suit incurred herein; and 3. For such other and further relief as to the court seems just. Dated: June 23, 2017 . . OF Attorney for THE HERTZ CORPORATION COMPLAINT FOR MONEY; NEGLIGENCE; BREACH OF BAILMENT Page 6 of 6 y Fax 1N af 2R 5177-062370015 2017062314:91 Page EXHIBIT A File By Fax ' A -£A0 5177-062370015 2017062314:91 Page ' (Page 1 of 6) N porors#o rr RR H38990394 CLARK, GARY CAGRE01 0723904 VEHICLE 00599/1165679 15 TovoTA TKCAP 11 LICNV261AWU CLSYB MILES OUT 19987 FUEL OUT 8/8 RENTED: 01125/2016 09:55 @ GRASS VALLEY HLE RETURN: 01/26/2016 09:56 @ GRASS VALLEY HLE You agree to pay charges at the rates and in the amounts that appear on the left of the table below. Taxable charges are denoted by a T, and additional details about some charges appear beneath the table. Hertz's estimates of Your total charges appear on the right of the table below. Hertz's estimates assume (1) You will rent and return the vehicle at the times and places indicated, (2) if a mileage charge applies, You will drive no more than the distance indicated and (3) You will not incur any charges that are either listed below opposite **** or cannot be calculated until return If any of these assumptions is incorrect, additional charges or charges at higher rates may apply. CHARGE RATE | AMOUNT CHARGE ESTIMATE TIME i MILEAGE CHGS: RATE PLAN- HLEGE [H] CLASS YB 1 @$ 29.99/DAY WITH ALL MILES FREE $ 29.99 WITH ALL MILES FREE ADJUSTMENT SUBTOTAL T$ 29.99 ADDITIONAL CHARGES OPTIONAL SERVICES LDW ACCEPTED @¢$ 11.00PER DAY $ 11.00 FUEL & SERVICE $ 0.333/MI$ 9.990/GL 11 ITKCAP $ vee TAX | FEES TAX2 8.13% ONEST. TAXABLE TIL $ 29.99 $ wet4 ADJUSTIRER A ON CALIFORNIA REFUELING ESTIMATED CUSTOMER CHARGE $ 43.43 TOTAL ESTIMATED CHARGE $ 43.43 H38990394 EXHIBIT AA File By Fax AN -£00 (Page 2 of 6) 5177-062370015 2017062314:91 Page N PG20F5#0 RT RR H38990394 _/ A urther information relating to charges, and other terms to which You agree, appear er EXTRA CHARGES IF APPLICABLE: $ LateChaPER EX HR FUEL & SERVICE CHARGES: PURSUANT TO PARAGRAPH 8 OF THE RENTAL AGREEMENT, FUEL & SERVICE CHARGES APPLY AT$ 9.990 PER GALLON OR, IF YOU DO NOT BUY FUEL DURING THE RENTAL AT$ 0.333 PER MLE. BOTH RATES PRODUCE APPROXIMATELY THE SAME RESULT. YOU AGREE TO OPTIONAL SERVICES OF: LIS DECLINED PAI _ DECL OTHER FEES "AND Orr SALES TAX FUEL TAX 25h TAX RATE - XX. XXX% APPLIES TO ALL CHARGES MARKED T CA REFUEL SALES TAX RATE - XX.XXX% APPLIES TO CHARGES MARKED F TO RECEIVE BENEFITS EXTENDED TO EMPLOYEES/ MEMBERS OF PASSENGER CAPACITY: THE PASSENGER CAPACITY OF THIS VEHICLE IS DETERMINED BY THE NUMBER OF SEATBELTS AND, BY LAW, MUST NOT BE EXCEEDED. WHILE IN THE VEHICLE, PLEASE FASTEN YOUR SEATBELT. IT SAVES LIVES AND IT'S THE LAW. SHOULD YOU REQUIRE A LARGER VEHICLE, PLEASE CHECK AT THE COUNTER FOR AVAILABILITY. YOU WILL BE CHARGED AN ADMINISTRATIVE FEE ALONG WITH TOWING/IMPOUND EXPENSES IF THE CAR MUST BE TOWEDASA RESULT OF YOUR NEGLIGENCE. We prohibit smoking in all Vehicles. A cleaning fee will apply for violations. Excessive mileage on a repeat basis may result in suspension of future rent RES: PLAN: HLEGE CLASS: YB PREPARED BY: 5433/CAGRE01 PRINTED: 20160125095913 ISAI 138990394 File By Fax 5177-062370015 2017062314:91 Page 3 , (Page 3 of 6) N PG30F5 # 0 RTRR H38990394 LLS MPORTANT INFORMATION REGARDING TO You are oo to pay all tolls. For your convenience, we offer PlatePass, an electronic toll payment system operated by PlatePass LLC, for use on foll roads in the areas specified below. In the following areas all our vehicles (even without a windshield toll transponder) may use any cashless electronic toll lane: The entire States of ek COLORADO, NORTH CAROLINA, and TEXAS, the SAN SCO BAY AREA BRIDGES, and in Seattle, the TACOMA NARROWS BRIDGE and the SR 520 BRIDGE. TO USE PLATEPASS IN THESE AREAS, pass through a cashless toll lane. You will be billed automatically as outlined below. IF YOU DO NOT WISH TO USE PLATEPASS IN THESE AREAS, use only traditional cash toll lanes (if available) and make payment directly to the toll authority. REKEEEEKEERENIER IN DELAWARE, ILLINOIS, INDI MAINE, MARYLAND, MASSACHUSETTS, NEW HA RE, NEW JERSEY, NEW YORK, OHIO, PENNSYLVANIA, VIRGINIA, AND WEST VIRGINIA, only vehicles equipped with a windshield toll transponder may access the cashless toll lanes (the toll authority may malt for an alternative payment method, such as payment by mail). TO USE PLATEPASS IN THESE STATES, slide the transponder out of the shield box and pass through a cashless toll Jane. You will be billed automatically as outlined below. IF YOU DO NOT WISH TO USE PLATEPASS IN THESE STATES, keep the transponder fully within the shield box and use only traditional cash fanes (if available) to make payment directly to the toll authority. NOTE: Certain toll roads do not accept cash. If you travel on such a toll road without a personal trans that can be used on the toll road, you will be required to use PlatePass and be billed automatically as outlined below, or incur toll a or violations for which you will be res ible. For toll roads in Southern California that do not accept ee you will also be charged an administrative fee Where permitted by Toll Authorities, you may opt to use your personal transponder. Follow the instructions above for NOT utilizing PlatePass and install a compatible transponder properly. if PlatePass is used, PlatePass LLC will charge you a service fee of $4.95 for each day of your rental including prior or subsequent tid on which the PlatePass service Is not used ed at $24.75 per rental) plus incurred tolls at the Toll 's cash rate or hi undiscounted toll rate. PlatePass LLC wee charge your credit or debit card the applicable charges after the close of your rental. Charges typically take 1-3 weeks after the rental closes to appear on your statement, but a longer delay may occur. Cash customers will be invoiced. For additional information, visit www.platepass.com. FAILURE TO PAY ALL TOLLS MAY RESULT IN A TOLL CHARGE charges, violation fines/penalties incurred, plus applicable administrative fees. You authorize us to release your at rental information to PlatePass LLC and American Traffic Solutions to process and bill at all such toll, violation, and administrative charges and service fees, EXHIBIT 3 H38990394 5177-062370015 2017062314:91 Page 3 (Page “4 of 6) kD = PG 4 OF 5 Cr N #0 RT RR H38990394 ARBITRATION PROVISION: THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS RENTAL AGREEMENT, YOU AGREE TO THE ARBITRATION PROVISION. Except for claims for poe damage, personal injury or death, ANY DISPUTES BETWEEN US MUST SOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND THE RESPECTIVE HERTZ COMPANY IDENTIFIED ON PAGE ONE OF THIS DOCUMENT REINAFTER "HERTZ") EACH WAIVE THE RIGHT TO A TRIAL JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Hertz remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. et seq. In any arbitration under this Arbitration Provision, all issues are for the pki to decide, including his or her own jurisdiction, and any jections with respect to the existence, scope or validity of thi ‘tra ion Brovision. ea ifration will fake place tn e counly of Your billing address unless agreed otherwise. The American Arbitration Association med will administer any arbitration pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (together, the "Rules”). You can obtain the Rules at www.adr.org. You or Hertz may commence an arbitration by providing a written demand for arbitration to the other (to Hertz, The Hertz Corporation, 225 Brae Bivd., Park Ridge, NJ 07656, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Hertz will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgement on the arbitral award may be entered in any court having jurisdiction. An arbitration award and any judgement confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT no.arbitration@hertz.com OR BY MAIL TO The Hertz Corporation, 225 Brae Bivd., Park Ridge, NJ 07656, Attn: Arbitration. Include Your name, address, the number at the top of this Rental Record, and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Hertz of Your decision to opt out of arbitration, You do not need to do so again. 38990394 PRINTED: 20160125095913 File By Fax EXHIBIT x 5177-062370015 2017062314:91 Page 3 . (Page $ of 6) a N POS OFS #0 RT RR H38990394 ee HARGED TO <_ AUTH$ 244.00 / 015859 AT GRASS VALLEY HLE PH 5302727730 Rental Ext # CAGRE01 an VEHICLE MAY NOT BE DRIVEN INTO MEXICO. Califor California Civil oe Sectlo 1798.83 any iforn} a res fase oe Ss ap ind ividual gusiomer » r of ne to request a copy of By ca be olic eae orm crecing H ere not to ye ose his el somagon to third parties for jretr IGE. Face as tag et fated in P Par. 4 of the Renta Agreement Ter ditions the Rental Terms) which appear on ‘the ieiokcar Ce Io0 003) delivered to You with this Rental Record, You are responsible for all loss or damage to the rented vehicle even if someone else caused it or the cause is unknown, You are responsible for the cast oj repair up to the fair market ue of the a. icle, plus oe ae for admit st pe e@ and impound fees and strativé charge. Your own insurance nay cover Fenfed ene “You Seu ri aga or ihe H ee ae a Ade Hy . busts es ae sa ne Wah pe erat s MOY sht Dh on Be aa oe . direct ¢ See esse ch aig ag ane r SSbsinte Wh ern e le any third : ; Ae a a e e s ae oe a . ce ice Subal ae ims for i a fr oe S Re of int ae oar NY, ‘ a gO oly rece g ae cab 8 ih the iis is of ie Gt ins "2 ne ate 8 charge, urch ase = have read, tae ac mo a ree {0 es eiyices arid accet ce Ices a shawn 0 ig cord, Pansact On is clagsitied as a eftal Ret Rei The Hertz,Privacy Polic governs the use of data about you. A co; of the policy is a bilable at the rental counter and nine at hertz. corn File By Fax EXHIBIT 5177-062370015 2017062314:91 Page 8 RENTAL AGREEMENT TERMS AND CONDITIONS THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND INY OTHER DO CUMENTS WHICH YOU ARE aries TQ SIGN WHEN YOU ul i E AGREEMENT (THIS: AGREE- RENT THE CAR ic RENTAL Tae, Yeh GLE IDENTIFIED ON THE RENTAL MENT’ TH o RECORD, INCLUDING ALL THIS AGREEMENT IS BETWEEN YOU AND THE HERTZ ote Wel IS IDENTIFIED ON THE RENTAL RECORD (“HERTZ”). 1. be ining solely a baliment that allows You to use the Car as permitted byt ee You acknowledge that the Car is owned by. Herts t No one riz may transfer the Car or any r or obligations under this attempted transfer or sublease of the Car by anyone other than er is wad either You nor my Ae or - srr are - of Hertz. No one may se or repair the Car with A Opes ne HERTZ MAKES NO EXPRESS OR IMPLIED WARRANTES NCL ING WARRANTY . NERCHANTABLITY OR THAT THE CAR IS Fit FOR ANY PARTICULAR PUR- i Ginly i a i flowing. vats peli Your permission (“Authorized Operators"), may operate th tals commencing in the states g fowa , your spouse and Your Gas fa For emnplo ees and fellow employees inc dental to their business duties; (b) for rentals al (' eplacement Rentals”) hich are Severed as replacement ht} on the Re ecord, any person specifically : flamed as an insured on a automobile policy; and (c) for rentals other than i peg ar Rentals, any other person who meets Hertz's qualifications and who ‘ an Additional wal Operator form at the time of rental or who is i peal od under Your Hertz CDP number, if any, shown on the Rental Record. All ; Authorized Operators must be at jeast 25 years old and must have a valid caer license from a jurisdiction acceptable to Hertz, axcept that persons pce eee Car pursuant to clause {b) above need only be at least 21 years old. Except to the : extent necessary for valet parking or In an emergen ey as ay one by law, no i other _- are permitted to operate the Car ; tor purpose hereof, an “amer- i wf " - se ur rgent oo rane. which, nde the laws of the py ic! ed emergent urred, would justity the operation of an ait i Aadtoel Ab an Unloonssed cri ver. With respect to persons who must : ce A eld Form, other qualifications may, at yo je and place of rental and, where perm ma an oe ann fee for such persons, By red, A the Car Pee or ditional Authorized Operator form Is co ed), an Autho’ erator val be deemad jointly and severally responsible for Your hoa F this Agreement related to the Car, as well as for any obligations that this Agreement ~ Imposes on an Authorized oa of the Car (for example: the obliga- tions contained in Paragraphs 9 and 10(c)). ORD DUE TO REASONABLE USE EXCEPTED, YOU MST. RETURN THE CAR TO nd IN THE SAME rene TT 1S IN WHEN YOU RECEIVE IT. YOU MUST RETURN THE CAR IO H BY THE DUE DATE SPECIE ON THE RENTAL RECORD, OHS SOONER DEMANDED BY HERTZ. IN NO EVENT YOU KEEP THE CAR FO MORE T HAN THIRTY (30 DAYS (IN NEW JERSEY OHIO AND SOUTH DAKOTA 28D 8 Days UNLESS ORIZED IN WRITING BY HERTZ, THE CAR WILL RI CT T0 THESE TERMS AND CONDITIONS UNTIL HERTZ HAS WSPEGTED AnD A ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS a YOU Aft RESPONSIBLE FOR ANY | DAMAGE ig THE CAR UNTIL HERTZ HAS INS ED AND AC CEPTED IT THAT THE RETURN LOCATION IS- ‘OPEN | FOR USES at g zB Tae YCHARGES CHARGES FOR LDW, P, FOR T ADDITIONAL SERVICES OR OTHER HARGeS Wiel ARE § E RENTAL RECORD AS A PERIODIC RATE, MAY CO! TINUE TO ACGAUE UNTIL THE RETURN LOCATION REDPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER H ENDS YOU A WRITTEN DEMAND TO RETUAN IT, SENT’ TO YOUR ABDRESS SH oN THE RENTAL RECORD OR OTHERWIS WI E PROVIDED TE O pO DD HERTZ MA zMA\ Y,AT IR EXPEN se RE CQVER THE CAR WHERE CAR IS FOUND ILLEGALLY ee OR APPARE| NY Y ABANDO! ED OR ih CAR IS USED OR OBTAINED AS We is aaa PARAGRAPH 5, TH HERTZ a even THE CAR WITHOUT EXTENT PER: MITTED WAIVE aw RIGHT 10/ THEA NOTICE OR LEGAL P ROCESS A S A PRE-CONDITION FOR HERTZ RECOVERING THE CAR. UPON RETURN, [ Mi IERTZ” STAN- DARD CLEANING OR THERE IS EVIDENCE OF SMOKING NON-SMOKING eae. HERTZ MAY CHARGE YOU AN ADDITIONAL FEE TO HAVE THE CAR 7 eExuisitr &? m a le By Fax 5177-062370015 2017062314:91 Page 8 0 LOSS OF OR D. HE CAR ANI DOF TON NA AC DA MAGE WAIVERS a. EXCEPT AS STATED BELOW, YOU ARE RESPONSL BLE FOR ANY AND ALL LOSS OF OR DAMAGE TO TH CAR RESULT NG FROM ANY Cause INCLUDING BUT D TO COLLISION, ROLLOVER, THEFT, V. NALS. SELURE, FIR’ FLOOR HAIL OR OTHER Nes OF NATURE OR GOD REGARDLESS OF FAULT. b, EXCEPT AS STATED ‘GREATER OF Tr RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET ere OF THE CAR ats ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS G, STO BIMINUTION ¢ ‘OF PALE OF THE CAR AS DETERMINED HERTZ, AN ADMINISTRATIVE Gihhe E AND A REA- SONABLE CHARGE FOR LOSS OF USE. AS | MORE GEN- ERALLY PROVIDED IN PARAGRAPH WHERE PERMITTED UNDER APPLICABLE ww PROCESS ONE OR MORE VOUCHERS RS OR PAYMENT SLIPS AGAI NST YO URC CARD CREDIT FOR THESE ES, COSTS GES, ETHER OTHER APPLI CABLE LE_ CHAR AT OR FOLLOWING THE COMPLETION OF THE RENTAL c. YOUR RESPONSIBILITY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS LIMITED BY LAW IN CERTAIN _ JURISDICTIONS. THE FOLLOWING LIMITATIONS EXIST. FOR RENTALS COMMENCING IN ILLINOIS. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE S OTHER THAN THEFT WILL NOT EXCEED ees, THROUGH MAY 31, 2010, WHICH LIMIT WILL INCREASE B Y $500 P en YEAR STARTING JUNE 1, 2010; AND YOUR R SPONSIBILITY FOR THEET Wi i at YoU EXCEED one NLESS IT IS ESTABLISH! OR AN AUTHORIZED OPERATOR FAILED STO Ee ORDINARY CARE WHILE IN POSSESSION OF TH ECAR er OR AIDED IN THE COMMISSION OF a FOR RENTALS COMVENCING. ” INDIANA, ua E REESE LOR NO MORE THAN (1 A Levan OR D BY Hertz IF YOU ARE DAMAGE, AND (4) AN ADMINISTRATIVE oie ENTALS COMMENCING IN GE TOTHE YOUR RESCONSIBILITY FOR Pe OR DAMAGE TO TH R MARKET TH T PLUS ACTUAL TO’ 1 STORAGE AND IMPOUND FEES, AN ADMINI TIVE CHARGE ee a ABLE CHARGE FOR LOSS OF U IR} RESPON- SIBILITY FOR DAMAGE, TO THE DLC Loss OF USE OF CAR RESULTING FROM. aw tie her RELATED TO THEFT O} CAUSED BY YOU WILL NOT PXcEe YOU ARE NOT RESPONSIBLE FOR FP Sem d OR ABC) AGE TO THE CAR ore FROM THEFT OR VANDALISM IF YOU HAVE RELATED TO THE THEFT IGNITION KEY OR YOU ESTABLISH THAT THE IGNITION KEY WAS NOTIN THE CAR AT THE TIME OF THE THEFT, YOU FILE E THEFT WITH THE POLI AN OFFICIAL REPORT OF WITHIN 24 HOURS OF LEARNING OF THE THEFT AND You COOPERATE WITH HERTZ AND THE POLICE IN PROVIDING ARE NOT Fe par 5 COMMENCING Me WISCONSIN, 0 YoU YOU Pe FOR ANY RESULTING PRO P M, AN ACCIDENT wee IS wa oy BY YOU OR AN D INTENTIONALLY ANTON MISCONDUCT ond ER THAN | DAMAGE OgcURRING WHILE TH UTHORIZED OPERATO YOUR RESPONSIBILITY MAY ALSO BE LIMITED IN OTHER JURISDICTIONS. d. IF YOU HAVE ACCEPTED THE = OPTIONAL D LOSS DAMAGE WAIVER BLD w") WHICH IS NOT INSURANCE, HERTZ WILL NOT HO: You RESPONS SIBLE FOR Li OSS OF OR DAMAGE ‘O THE CAR EX DESCRIBED IN SUBPARAGRAPH ae IF YOU HAVE ACCEPTE D THE OPTIONAL PARTIAL DAM- AGE WAIVER Nae WHICH IS NOT INSURANCE or vee IS NOT AVAILABLE FOR ALL RENTALS, HERTZ Wi NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, EXCEPT AS DESCRIBED IN SRSEA Oe at tee it UP TO > AN AMOUNT EQUAL TO THE E LESSER O UCTIBLE UNDER YOUR OWN AUTOMOBILE “ INSURANCE UAT, APPLIES TO THE DAMAGE SUSTAINED BY THE CAR, rt ACCEPT PDW, YOUR NER WILL BE BILLED FOR FULL AMOUNT OF THE LOSS; ONLY THE ee ae DEDUCTIBLE UNDER YOUR POLicy P TO AA D AFTER THE LOSS IS PAID:” PDW 1S NOT ce INN NEVADA AND TEXAS. _IN po ace ERE THE SALE OF DAMAGE WAIVERS IS REGU! OR PROMIBITED THAT LAW WILL GOVERN YOUR RESPONSI. ITY FOR LOSS OF OR DAMAGE TO THE CAR. PURCHASE OF LDW OR PDW, WHICH ENTAILS AN ADDI- ea PhS tow Ge Gees IS ai {REQUIRED IN OWN INSCHANCE OR A COVER 7 LDW OR PDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR EXAMINE YOUR AUTOMOBILE INSUR- - ANCE POLICY AND THAT OF ANY AUTHORIZED OPERATO ae AFFORDS EAICLE, S TO DETERMIN NEV WHETHER THE A eo cree OF OR DAMAGE TO A RENTED VEH THE TERMS AND SCOPE OF SUCH H COVERAGE a INC’UDING THE AMOUNT OF THE DEDUCTI OTHER LIMITATIONS AND EXCESSES. you wwe TO DETERMINE WHETHER SUCH COVEHAGE IS ADVIS NE PROVIDED UNDER THE AGREEMENT. REGARDING Te REDIT CARD WHICH IS USED TO PAY FOR THE RENTAL O EXHIBIT /s ' i 5177-062370015 2017062314:91 Page ' FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE. e. USE OF THE CAR IN A MANNER PROHIBITED IN PARA- GRAPH 5 WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID LDW AND PDW AND CAUSE YOU 76 BE RESPON- SIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROMIBITED US FOR RENTALS CONIMENCING In N NEVAD. THOUGH IF YOU HAVE ACCEPTED LDW OR PDW, THEN W OR POW WILL BE VOID ONLY IN THE FOLLOWING CIR ST ASTAICES. DAMAGE OR LOSS RESULTING FROM NTENTION- WILLFUL, WANTON OR RECKLESS CO! A AED OPERATO! OF THE CAR BY Y! ‘TOR ON AN UNPAVED ROAD IF DOME ip tae On -T OF THE ROAD OR i) DAMAGE OR LOSS OCCUR- RING WHEN ie ECAR, iS B ial Use g o FOR en igrirUTeS SED _ CONNECTION WITH fener Cc INVOLVED. INA =D SPEED TEST CONTEST OPERATED BYA PERSON iC oon Cae RESULT OF F RAUDO BULENT CAR WAS RENTED AS A INFORMATION PROVIDED TO fe BY YOU UTHORIZED Ophea orb ta A_RESULT OF Fase INFORMATION PROVIDED TO HERTZ BY YOU OR AN UTHORIZED OPERATOR IF cranes WOULD NOT HAVE SSESSION SH THE KEY WAS NOT ja THE CAR. AT HE AME OF THE ealliee AND oe FILE AN O REPORT WITH THE Poot: HOURS OF L LEARNING OF THE TH ERT AN WITH HERTZ “ ys POLICE IN PROVIDING | INFORMATION REGARDING THE THEFT. HERTZ MAY REBUT THE PRE- or STATED ABOVE BY ESTABLISHING THAT YOU OR AN AUTHORIZED OPERATOR COMMITTED OR AIDED ANOTHER PERSON IN THE THEFT. FOR RENTALS NG IN 1 INDIANA, IOWA AND THE DER WHICH OT RELIEVE You OF YOUR RESPONSIBILI- AMAGE TO THE CAR APPEAR ON THE FORR COMMENCING IN WISCONSIN, THE CIRCUM- STANCES | UNDER WHICH LDW/PDW WILL NOT RE ELIEVE YOU OF YOUR ic cae FOR LOSS OR DAMAGE TO THE CAR APPEAR ON A SEPARATE LOSS DAMAGE WAIVER DIS- CLOSURE FORM WHICH WILL BE GIVEN TO YOU AT THE ewe REESE COMMENCEMENT OF THE RENTAL. f. YOU GRANT HERTZ A LIMITED POWER OF ATTOR- : NEY TO PRESENT CLAIMS FOR DAMAGE TO OR: LOSS OF THE CAR TO YOUR INSURANCE CARRIER. . , HI iS NE! MAY: i a. PERMIT THE USE OF THE CAR BY ANYONE OTHER | THAN YOU OR AN AUTHORIZED OPERATOR; INTENTIONALLY DESTROY, DAMAGE OR AID IN | fue THEFT OF THE CAR; Cc, TAKE OR ATTEMPT TO TAKE THE CAR INTO MEX- ICO ANYWHERE ELSE OUTSIDE OF THE UNIT- OR TO ERE ED STATES OR has We eanr AS EXPRESSLY : PERMITTED UNDER THIS AGREEMENT; d. ENGAGE IN ANY WILLFUL OR WANTON MISCON- DUCT WHICH AMONG. OTHER THINGS, MAY: CLUDE RECKLESS CONDUCT SUCH AS: THE FAIL- URE oO USE SEAT Savy She FAILURE TO USE’ CHILD SEZ ATS OR OTHER CHILD RESTRAI OPERATOR ; & USE OR PERMIT THE USE OF THE CAR BY ANY-! 1) WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL DRUGS OF OTHER APPECT A PERSONS ABIL THY $5 DAY ye Sa : | CHARGED ASCE CRIME SUC AS ne aT RE, TRANSPORTATION OF PERSONS, Dit UGS OR CON-: 3) TO ow OR PUSH ANYTHING UNLESS SPE ALLY AUTHORIZED IN WRITING BY HERTZ O TOW Tow 4) IN A SPEED TEST, SPEED CONTEST, RACE. Y, SPEED ENDURANCE CONTEST OR DEMO; i STRATION; 5) IN DRIVER TRAINING ACTIVITY; 6) TO CARRY PERSONS OR PROPERTY FOR .E., FOR A CHARGE OR FEE); _ IF THE CAR HAS BEEN OBTAINED FRO HERTZ: By FRAUD OR MISREPRESENTATION; O ” 3 5) TO CARRY HAZARDOUS MATERIALS (OTHER CUSTOMARY ee. OF oan ne gies USED IN THE OPERATION OF STORED WITHIN THE CONTAINERS PROVIDED FOR EXHIBIT (6 AN -£:0n0 5 5177-062370015 2017062314:91 Page: ' eee THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATE- : THAT ARE HAZARDOUS TO HUMAN HEALTH fen ne e OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT : LIMITED TO, ANY BIOLOGICALLY ACTIVE OR | RADIOACTIVE MATERIAL FOR RESEARCH, EDUCA- DEVELOPMENT OR INDUSTRIAL PURPOSES, TION, OR FOR PURPOSES INCIDENTAL THERETO; f. FOR RENTALS IN HAWAII, TAKE OR ATTEMPT TO TAKE THE CAR OFF THE ISLANDS OF HAWAII; AND ANY USE OF THE CAR IN A MANNER PROHIBITED ABOVE: i. TO THE EXTENT PERMITTED BY APPLICABLE | LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS TO THE CAR, EVEN IF YOU HAVE AMAGE ACCEPTED LDW OR PDW; i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF PERSONAL ACCIDENT INSURANCE ("PAI") AN PERSONAL EFFECTS COVERAGE (“PEC" ILITY INSURANCE SUPPLEMENT cus") E AND LIABILITY PROTECTION PROVIDED BY HERTZ UNDER THIS AGREEMENT; AND iii, WILL CONSTITUTE A BREACH OF THIS AGREE- MENT, MAKING YOU RESPONSIBLE, TO THE LLEST ITTED BY LA’ R ; z = at a Page. j ~ e we - us Quits & t n s d a a u C A R N L mous Pe fii] GP G 2 BG 2 a eee pemes | 5 see a gs 2 agbe Ge B e e S B R a p e s a e a o e ere e e ee ee ee e e = i e e e e a e c e e e a ees ae eas a o n até a o e z e e a =: z e y Seca Ss feet £ Bg j eee 3g of Ele ESEE 525 case Sa & s sh yeu seiucees c e e : a Si! a3 RIES; Cussiezce’ soec2herene Gee se 55 eeps £8e ae oa ae <3 Sooas opwtetauss 4 a o J e e a e e e S B s , 3 B 2 2 B z & é e e ~ @ 3 B s s s E S a a a a 2 e a e a e te P o e e e e e ee SE P R E S p a e e e o e s <3 ee 2 8 g R a E E SE z = bes 8 38 S E E S 2 2 tere Sect. oe segqzcgeey# Snccee = is ze = = Sess Efe ad eShl GEN ieeeipe ses fa) a lah gh Be S e s e e e eee is ieciiee gill = 458 aye, GSE Gaze age Ble Gicties t E seecacss i g s 9 Hh Bes R= S58 gus S E e e e e ee SG hee ge ete fe Geis iia ay oe wesSGae paSHes Aegeste tan e e Haus Sos Segeke ag ase ey ge ite : iS B s a ges Bee ecsé a e Bene . wocghe Eesde: BIESOBGccOF: ceneuee Sf = zuet GUBEE gz Segee Sine & , recgbee EEEUHs fico: GEHL 2) cok eed fae cela) aus i ; G a s s . s E E E E S S a e & § G r a s 88 Bi s suscaeee as i F a w r Sees i Heri *: “BEE a u a t i ial a 5177-062370015 2017062314:91 Page: INDEMNIFY AND HOLD HERTZ HARMLESS FROM ANY CLAIM HERTZ FOR LOSS OF OR AGAINST DAMAGE TO oe PROPERTY THAT IS CON- IS AGREEMENT. : a dia (opera CLOWN ARAGRA GOP NUMBER OR RATE PLAN IUTHE CASE OF A REPLACEMENT RENTA ANY, BETWEEN HERTZ AND THE SIBLE FOR DAMAGE TO Oem EY en Brie CLARY PROTECTO INSURER’), INCLUDE THE EXTENSION BY PH (a ae IF THE PROVISIONS OF YOUR RENTAL RECORD, IF ANY, APPLICABLE INSURER WHICH IS Rese a e a. WITHIN Bar. STATED IN THIS SUBPARAGRAPH, HERTZ WILL HARMLESS, AND DEFEND YOU AND’ ANY OTHER IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCE ° WiLL THE BASIC REQUI oan UBPARAGRAPH (b) APPLIES FOR ALL RENTALS OTHER THAN THOS® NGTED N SUBPARAG (a). b. FF YOUDO NOT PURCHASE LBL ITY INSURANCE SUPPLEMENT (U5) SUMMAR’ COVERAGE APPEARS BELOW) A LIMITED PROTECTION UNDER THE SUBPARAGRAPHS 10(a) AND 10(c). AUTHORIZED OPERA TERMS AND CONDITIONS STATED IN FOR ETS ee Florida law requires Hertz's and personal otherwise a uses noe protection to be pamary u less You tt the vad and colectble Laity insu Authorized Operator is protection of You r any eeate. Patan ewmnenanet Fe abi pometow or Yu farm fel db Aton nr heur anne nine Piao opr) erage cars ipo He that ¢. BaNTs EMPLOVES AND AFLATES HAAIRESS THOM AO AIG ANY AND ALL ERUSE OF ACTION ATTOR UM- NLS FEES AND EXPENSE OF ANY RAD LOSS") IN EXCESS OF THE lle By Fax perm Reine acres toa nate seat not pi Svc cal this Aqeemert vite a Garis h Mexico, ACGID ND VA the Car to 7 and to oa cir to enc sik cat es th te Yan shold oi et Weatuc ed deraiae onic ad Sa eee eee to Hertz. but and any Aorized Operators tO hier FLV a a EASLy poreCTan apie einen ee any records or Information jmredeton ope cours Pease pccaha cpa egtort wd nut fe , deat en Ni er er of Consequential damages {including lost profits matter covered by this Agreement. 7 b. You understand and agree e Riera & Vn sheer nenny this Agreement against any e tity other . PARKING AND TRAFRC VIOLATIONS /TOLLS/PRIVACY/KEYS a. PAY YOUR TICKETS/TOLLS IMMEDIATELY: You are for parking vlafons and Witee iadey see i penenee Nitin! Bay OS tome, es oe oe such costs Hing Bespin da Pond ae pow} hoo those related to colecton expense or the Senckg Wioeton abort You b 2 Vereen: teh nie by Bet poslonte Rata hee EXHIBIT )\\ An -£00 5177-062370015 2017062314:91 Page 2 a. plete ee pla Arg Fab gg skp ell ge by an expressly authorized representative of Hertz. representatives are not aithotved © Sin oriacene nae igdent b. _ This Agreement shall be govemed substantive law of te td thou Oita aot io fe cholo of as es which the rental commences, ocean ute ones eo uncondfionaly consent reat onl said b he ronments located in that jwisdicton, . ay ieicen ten Fe rare ee Ot ies Reta. g e deemed cn TET Cate , Nat elsewhere) to be consistant with such Bios he es maceann bee and shall not affect the eens rt neal ae es ape SUMMARY OF OPTIONAL SERVICES THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL OF THE PROVISIONS, LIM- TATIONS AND EXCEPTIONS OF THE APPLIGABLE LIABILITY INSURANCE SUPPLE- ENT, PERSONAL ACCIDENT AND PERSONAL EFFECTS INSURANCE POLICIES TERROR TDA REM EE OTRAL AND THIS AGREE- Nar aakte caer ore LOSS DAMAGE WAIVER AND THE OPTIONAL PARTIAL DAMAGE WAIVER, WHICH ARE NOT INSURANCE, SEE SUBPARAGRAPHS 4(d), 4(e) AND 7(d). The Insurance covel HERTZ (LIS and PAYPEC, ide a dupi- aes woe a Co pies pane 8 < cation of c verage ia ater save of torrae larethiesdifan ieee ot comny Wnt veacnncr amar a ee icactenn US ye i ahs lt rng an alc aes Se i earie eera for the difference Dik one h ie Bi a) ol Gols boa) Incuding death, ah py ee id By ewe fea fe aoa belwoer te staukcry menu foe spin P pe “ora eee eae. yesh css eg for the adi SES Seine manag unr ks a are from use of the Car as prohibited by this arising See sa tints unten pak, a copy of which is ow 1 te Paste heal eomarce eer FTE wp oe east i or partial rental day PERSONAL ACCIDENT INSURANCE (PAI) AND PERSONAL EFFECTS COVERAGE lf You accept PA / PEC on the Rental Record, coverage will be provided during the File By Fax * Car who . accept Pi cee ae accidents occurring while aeee PAI aso hen ambulance expense. o Benefits for any one accident are imited to $225,000. These benetis ae payeble witout to any other benefits which may be due under oa eee Gath y sate ae excksions, tes and cond - address of the insurance company Rede Sete anton te cules Gaeey cade an ‘our Rental Record. PERSONAL EFFECTS COVERAGE (PEC): pets wie sh para ofa Fp enue dary atp wage C Y a rita ot Your pea ialy with You during a tip using the ou ‘ou Ur cant a Yeo covered, if You personal effects ed setlist Fred ee ee foe lr rp alam emda Saher renem Thy ova pecan a Arnal automobiles, automobile ster sear iel se Seas Pro yap fate of is cose Borie tt ee Epa gh ; ent rae or conse- quential losses or damages of any kind. NOTICE OF CLAIM h the event of any Tkel to resutt in a claim for PEC benefits, immediate ee IN TEXAS: oe tn Diy wide operating areal vic The 2 aot et te tes ot ene EXHIBIT )\? 23 of 28 5177-062370015 2017062314:91 Page 3 EXHIBIT B File By Fax . 5177-062370015 2017062314:91 Page 2 THE HERTZ CORPORATION Damage Claims Hertz File Number: 05-2016-05013 Renter: GARY CLARK Responsible Party: GARY CLARK 180 RECREATION AUBURN CA 95603- - Home Phone: Work Phone: Date of Loss: 01/27/2016 Date of Birth: Drivers License: | LDW: Third Party: Contract Violation: Bodily Injury/Prop. Dmg: Air 1(Q Damage: NeverLostDamage:|0.00) Sirius Damage: DV: LOU: Admin.: Towing: Tax: }0. Payments: }0.00 00 1357537 Balance: EXHIBIT />( File By Fax 5177-062370015 2017062314:91 Page. 3 FOOTHILLS TOW Courteous.& Dependable... Reasonable Rates 21235 Canyon Way " : Al LIAS Py Vi a i C3 ES HOLD as BF Zs -2Lcteae ‘a Sue LBA ia ’ = GBE Lede HC) Ab JaksAat § 1s ea’ = agit a mB Sie! WE cme | wv PPA 2 oe Weer 5 } : i /PAe/. Zu PUK IDR BUA Sd , JOO LOCATION Or VEN, Dts 2 ae Les. if VEHICLE TOWED BY x 173 a5 4 Vp eye LIAS 546 REASON FOR: ‘[BXAccIDENT “EJABANDONED © (C]RCAT TIRE (_ISINGLE LINE WINCHING [_] ARREST (CUSTOLEN CAR [] ouT oF Gas C) UNREGISTERED j[] DUAL LINE WINCHING [LJ BREAK DOWN (1 IMPOUNDED - CL] Tow Zone © *. Chteck OUT [CD] SNATCH BLOCKS IC] CHAIN Wrap. «:+ . FSNOW REMOVAL: CSTARTin. co ater teen: WEQDOUY:. 2 eee TYPE OF TOW (J sune. (JWHEELLIFT [JFLATBEO “monte “Chena DUTY - pspareH rE Heth CZ. vas ZF wsores @ AO perme’ |p X/O” : * TEXTRA TRUCK OR PERSON ARRIVAL TIME ‘ . * . 7 : : 5. COMPLETION Jie f7 AS ‘> MINUTES @ &__PERHR To DINSIDE [] OuTSIDE < : os = S$ Oc - wa °° JAR OSMa 7: a fe] @ s FO, “Fenvwe 3 ( ‘IpAiDBy: [ICASH © [)CHECK# Dioreorr CARD AUTH # TroTAL I$ 575. ar Credit card Imprint / number . IC Service’ time: 6xcends hie Wes: ed Page. 8 599- W077. ~ [ca234402 ] No. 77658 8260 ‘Alpine Aventte, Suite A» Sacramento, CA 95826 Ps (916} 454-0958 « Fs (916) 452-3009 www.EagleTowingSac.com oan request, you are led to receive a copy a the: i and . ala etc f if begeve stat hai wrongfully towed, please ” natimnarusem tai : TOWING SERVICE THE EER un Yawk Youl see tm te tee ae porgria;entseen contacto c n e! | dp sac, CAN COUNTON' . File By Fax Re ce we mn am s Aa h we ei nt mD ei ns ae, San e
