VEHICLE LOANER AGREEMENT
payable by Customer, which charges may be made during and/or after the Periodof Use. Such authorized charges will include any unpaid citations or other fines,
penalties, fees or costs assessed by a governmental authority, and any
administrative fee charged by Owner therefor, and any extra cleaning, towing orroadside assistance charges payable by Customer, which charges are further
explained in this Agreement. If Customer fails to pay any money due under or inconnection with this Agreement within 14 days of the date by which Customer was
required to pay the money, Owner may, without prejudice to any other rights orremedies Owner may have or be entitled to, charge Customer and Customer
agrees to pay, all additional charges as outlined below:a.
interest at an annual rate of 10% (compounded daily) on the total amountowing from the expiration of 14 days from the date on which Customer was
required to pay the money to the date of payment;b.
all costs incurred by Owner for the collection of the unpaid money, including
any costs incurred for a debt collection agency or attorneys; andc.
an administration fee of $50 for each overdue payment.

This Vehicle Loaner Agreement, Exhibit A to the Vehicle Loaner
Agreement, Attachment 1 to Exhibit A to the Vehicle Loaner Agreement(if applicable), and Exhibit B to the Vehicle Loaner Agreement(collectively, this “Agreement”) sets out the details and terms for all
Customers named in Exhibit A to the Vehicle Loaner Agreement(individually and collectively, referred to in this Agreement as“Customer”) to hire the use of a vehicle on Lāna‘i. This Agreement is anagreement between Lāna`i eCar Rental, LLC (“Owner") and Customer,
and is made as of the date specified at the signature line below. In
consideration of the use of said vehicle, Customer hereby agrees asfollows:
1.
VEHICLE DESCRIPTION AND PERIOD OF USE. Customer desires to use,
and Owner will allow Customer to use, the motor vehicle (herein referred to as"Vehicle") described in Exhibit A to the Vehicle Loaner Agreement attached hereto
and made a part hereof (“Exhibit A”), for the period of use (“Period of Use”)
described in Exhibit A and subject to adjustment as provided in this Agreement,
upon the terms and conditions set forth in this Agreement.

6.
a.
b.

2.
PERSONS WHO MAY DRIVE THE VEHICLE. Customer agrees that the
Vehicle may be driven during the Period of Use only by a Customer that: (a) is
named as a Customer on Exhibit A, and has signed this Vehicle Loaner Agreementand Exhibit A; (b) holds a current valid driver's license appropriate for the Vehicle,
legally authorizing Customer to operate the Vehicle (“legally authorizing” or similarterm to mean in this Agreement, legally authorizing, without restriction or if withrestriction, with a restriction that does not affect Customer’s legal authorization tooperate the Vehicle provided under this Agreement), during the entirety of the
Period of Use (c) has current and valid vehicle insurance (such term, as used in thisAgreement, shall include automobile liability insurance covering death of or injury toother parties and damages to property of other parties) that covers Customer’s useof the Vehicle under this Agreement during the entirety of the Period of Use; and(d) is 25 years of age or over. Customer warrants that he or she satisfies all of theforegoing requirements, and will provide to Owner evidence of (b) and (d) whensigning this Agreement.

c.
d.

e.
f.
g.

3.
USE FEES. Customer agrees to pay all of the Use Fees listed, at the rates
stated, in Exhibit A, for Customer’s use of the Vehicle during the Period of Use.
The basic daily fee and other Use fees specified in Exhibit A will be charged foreach 24-hour period and any portion of a 24-hour period during the Period of Use.
(For example, if a Customer uses a Vehicle from 1:00 p.m. on Monday through10:00 a.m. on Wednesday, Customer will pay the full basic daily fee for the 24-hour
period from 1:00 p.m. on Monday to 1:00 p.m. on Tuesday, and will pay the fullbasic daily fee for the partial 24-hour period from 1:00 p.m. on Tuesday to 10:00
a.m. on Wednesday.) Regardless of the estimated end date and time of the Periodof Use stated in Exhibit A, the Use Fees will be charged based on the actual end
date and time of the Period of Use, as provided in Exhibit B to the Vehicle Loaner
Agreement (“Exhibit B”), which Exhibit B will be completed and signed by Owner
and Customer upon return of the Vehicle to Owner in accordance with the terms ofthis Agreement, and thereafter will be attached hereto and made a part of thisAgreement. If Owner and Customer do not complete and sign Exhibit B upon
Customer’s return of the Vehicle, Customer will pay all Use Fees for the actual
Period of Use as indicated by Owner based on the date and time that Customer
returned the Vehicle to Owner in accordance with the terms of this Agreement. If
Customer fails to return the Vehicle to Owner by the estimated end date and timestated in Exhibit A and in accordance with the other terms of this Agreement, thenCustomer will pay Use Fees for the actual Period of Use of the Vehicle until the
Vehicle is returned to Owner as required by this Agreement, plus a late fee for each24-hour period or any portion of a 24-hour period for which Customer fails to return
the Vehicle as just stated, and may be responsible for additional charges andliabilities as provided in this Agreement.

h.
i.
j.

k.
l.
m.
n.
o.
p.
7.
a.
b.

4.
OTHER CHARGES. In addition to the Use Fees described in Section 3,
above, Customer acknowledges and agrees that Customer shall be responsible to
pay to Owner and/or any other applicable party, in a timely manner, any additionalcharges incurred, caused or permitted by Customer in connection with the Vehicle
or this Agreement or arising from or relating to any occurrences or matters during
the Period of Use, which charges may become due and payable or remain payable
even after the end of the Period of Use. These include, but are not limited to:a.
charges for loss of, damage to or repair of the Vehicle; lost or damaged keys
or accessories; or roadside assistance or towing charges if not due toinherent mechanical problems (subject to the other terms of this Agreement);b.
charges for cleaning the Vehicle's interior or exterior if the Vehicle is returnedin an excessively dirty condition that requires extra cleaning or deodorizing,
including cleaning due to spillage of fluids, food, vomit, other stains, pet hairor unpleasant odors, including from smoking in the Vehicle;c.
charges that may be imposed by State or other governmental authorities for
traffic or parking violations or infractions or other matters (for example,
governmental agencies may impose a fine for driving on the beach of $500);
andd.
any charges relating to the enforcement of the provisions of this Agreement
or the collection of amounts payable under this Agreement (including
attorneys’ fees and costs and other collection costs).

c.
d.
e.

f.
g.

USE OF THE VEHICLE. Customer shall not:use or allow the Vehicle to be used for the transport of passengers orproperty for hire or for a fee;
sublet, hire, loan, transfer or assign the Vehicle to any other person or allow
any person not named as a permitted Customer on Exhibit A to drive the
Vehicle;allow the Vehicle to be used outside his/her authority;
operate the Vehicle or allow it to be operated by any person who has
consumed alcohol or drugs, whether legally prescribed or not, in amounts orin a manner or combination that impairs Customer’s ability to drive the
Vehicle safely and legally;
cause or permit to be caused any damage to Vehicle, nor operate or handle
the Vehicle or allow it to be operated or handled recklessly, or in any mannerthat is a violation of the law, including operating the Vehicle on a flat tire;
operate the Vehicle or allow it to be operated for the transport of morepassengers than there are proper seat belts in the Vehicle;
drive or allow the Vehicle to be driven by any person if, at the time of driving
the Vehicle, (i) the driver does not hold a current valid driver's license
appropriate for the Vehicle legally authorizing driver to operate the Vehicle
and current and valid vehicle insurance covering the driver’s use of the
Vehicle under this Agreement, and (ii) the driver is not 25 years in age orover;drive or allow the Vehicle to be driven on any roads or in any conditions as
stated in Section 12(k) of this Vehicle Loaner Agreement, or on any beach,driveway, or surface likely to damage the Vehicle, nor plow through puddles;
operate the Vehicle or allow it to be operated to propel or tow any othervehicle or matter;use the Vehicle for hunting purposes, nor transport any animal (dead or alive)in the Vehicle (with the exception of licensed assistance dogs or otheranimals which must be permitted by law, provided that in all such cases(except where prohibited by law), proper evidence of authorization is provided
to Owner);use or operate or allow the Vehicle to be used or operated in involvementwith any illegal activity;
use any unauthorized equipment on or in the Vehicle;
carry or load anything on top or outside of the Vehicle;
fail to use seat belts and, if required, child restraint seats;
refuel or recharge the Vehicle in an incorrect manner or with the wrong typeof matter; orsmoke or allow any person to smoke in the Vehicle.
CUSTOMER’S OBLIGATIONS. Customer shall ensure that:
all reasonable care is taken when driving and parking the Vehicle;
the Vehicle is locked and secure at all times when it is not in use, and thekeys are kept safe;
no part of the engine, transmission, braking, suspension or other vehicle
systems are interfered with;should a warning light be illuminated or Customer believes the Vehicle
requires mechanical attention, Customer will stop driving and advise Owner
immediately;
the Vehicle is properly fueled or charged for Customer’s use and so as not tocause any damage to the Vehicle (electric vehicles may be returned to Ownerwith the keys for recharging at no additional cost, provided that it is the
Customer’s responsibility to inform Owner that Customer desires the Vehicle
to be recharged and that there are adequate recharging stations available; inno case will Owner be responsible for, nor does it provide any guarantee as
to, recharging the Vehicle or the amount of charge the Vehicle will have upon
return of the Vehicle to Customer);all drivers authorized to use the Vehicle during the term of this Agreement
and their guests and invitees are aware of and comply with all of the terms
outlined in this Agreement; andany authorized driver carries their driver's license with them in the Vehicle at
all times and will produce such information on demand to any enforcement
officer, governmental authority or representative of Owner.

8.
MECHANICAL REPAIRS, ACCIDENTS AND ROADSIDE ASSISTANCE. If
the Vehicle is involved in an accident, is stolen or vandalized, is damaged, breaks
down or requires repair or salvage, regardless of cause, Customer shall notify
Owner of the full circumstances by telephone immediately and fill out a report as
required by Owner, and in the case of any accident, theft or vandalism, shall notify
the police, and emergency services if needed, immediately. Customer shall notarrange or undertake any repairs or salvage without Owner's authority (this5.
COLLECTION OF PAYMENT. Unless an alternative form of payment isagreed to by Owner and Customer in writing, Owner will charge Customer’s credit,
debit or charge card that is provided at the time the reservation is made and/or
when the vehicle is picked up, and Customer consents to and authorizes the same,
all Use Fees payable by Customer and any other charges under this Agreement
Vehicle Loaner Agreement1includes, but is not limited to, purchasing a replacement tire or replacing a flat tire)
except to the extent that repairs or salvage are necessary to prevent further
damage to the Vehicle, persons or other property. Customer shall not drive the
Vehicle on a flat tire. Towing is free for all inherent mechanical faults (asdetermined by Owner or its authorized repairer) related to the Vehicle specified inthis Agreement. (Owner reserves the right to make such determination as towhether such towing is free or not after the Period of Use has ended, and to charge
Customer for the costs related to that towing after that determination is made.) For
all other roadside assistance call outs including flat tire, refueling, recharging, jump
start, lost keys, keys locked in the Vehicle, and the Vehicle becoming stuck in mud,sand or on an extremely uneven or dangerous surface, a service fee will becharged to Customer in the amount of $500 for most locations, although additionalcharges may apply. If the Vehicle requires maintenance, repair or replacement,
the decision to supply another vehicle to Customer is at Owner's sole discretion.
Customer will provide to Owner a legible copy of any service of process, pleading,notice or other communication of any kind relating to any claim, demand orproceeding in connection with any accident involving the Vehicle, and of any
paperwork relating to any roadside assistance.

12. INSURANCE EXCLUSIONS. Customer acknowledges that Customer’s
insurance company, or Owner, may pursue a claim against Customer under any
instance when Customer is in violation of any term of this Agreement or when
Customer may be responsible for a claim under this Agreement, such instances
include, but are not necessarily limited to, the following:a.
at any time when the driver of the Vehicle is under the influence of alcohol or
any drug;b.
at any time when the Vehicle is in an unsafe or unroadworthy condition, suchcondition arising during the Period of Use, that caused or contributed to thedamage or loss, and Customer was aware or should have been aware of theunsafe or unroadworthy condition of the Vehicle;c.
at any time when the Vehicle is driven in violation of any other provision ofthis Agreement;d.
at any time when the Vehicle is driven by anyone not named in thisAgreement as a Customer;e.
at any time when the Vehicle is driven by an unlicensed person or by aperson not legally authorized to operate the Vehicle;f.
at any time when the Vehicle is willfully or recklessly damaged or lost by
Customer, or a person under Customer’s authority or control;g.
at any time when the driver commits a traffic or parking offense or infraction
while driving or using the Vehicle;h.
at any time when the Vehicle is loaded or is being loaded in excess of the
manufacturer's specifications, or used in a manner beyond the Vehicle’s
normal use or capacity;i.
at any time when the driver fails to stop or remain at the scene following theoccurrence of an accident where required to do so by law;j.
any fine or penalty imposed as a result of prosecution for breach of any law;k.
at any time when the Vehicle was being driven on any of the following roads
or in any of the following conditions: the Munro Trail, in any area that is not on
a road, whether paved or dirt, including on any beach or other location withdeep sand or unstable dirt or gravel, in any muddy, slippery or dangerous
condition, or, for a 4-wheel drive vehicle, on any unpaved road on a day when
Owner’s representative informs Customer that the unpaved roads are off
limits or unsuitable for driving, or, for a non-4 wheel drive vehicle, on any
unpaved road; orl.
at any time when the Vehicle was operated beyond the estimated end date
and time of the Period of Use, or at any other time or in any othercircumstances notified by Owner to Customer that the Vehicle should not be
operated.

9.
RETURN OF VEHICLE. By no later than the estimated end date and time of
the Period of Use as indicated in Exhibit A, Customer shall return the Vehicle, anyaccessories provided with it and all keys to the Vehicle to Owner at such placedesignated for return of the Vehicle in Exhibit A, in the same condition Ownerreceived them in. Upon return of the Vehicle, Customer agrees to complete
Exhibit B with the authorized agent of Owner who is receiving the Vehicle for
Owner, and to sign Exhibit B. If Customer returns the Vehicle at a time other thansaid estimated end date and time, Customer will contact Owner to confirm the placeof return of the Vehicle. In no case shall Customer abandon the Vehicle or keys,
but must return the Vehicle and all keys to an authorized agent of Owner. Nothing
contained in this Agreement shall be construed to authorize Customer to retain the
Vehicle beyond the estimated end date and time of the Period of Use as indicatedin Exhibit A, unless Owner specifically agrees to an extension of the Period of Usein writing. The decision to agree to any extension is at Owner’s sole discretion.
Regardless if Owner has agreed or not to an extension of the Period of Use,
Customer will be responsible for the Vehicle and all Use Fees, charges and costs
and for abiding by all provisions of this Agreement for the actual Period of Use that
Customer retains the Vehicle or fails to return the Vehicle and all keys to Owner as
required by this Agreement. Customer acknowledges and agrees that theinspection of the Vehicle and any accessories at the time of Customer’s return of
the Vehicle to Owner may not reveal all damages or losses to the Vehicle oraccessories, and Owner reserves all rights and remedies against Customer as toany other damages or losses to the Vehicle or accessories for which Customer is
responsible under this Agreement but is discovered at a later time. If Customer
does not comply with any part of this paragraph, Customer shall be responsible forany and all costs, damages, losses and liabilities directly or indirectly incurred by
Owner due to Customer’s failure to comply with this paragraph. Customer acquires
no title to the Vehicle or accessories and no one, except for Owner, may transfer
them.
10.
a.

b.

c.

Nothing in this Agreement will be read as placing on Owner the responsibility of
notifying Customer of current weather, road or safety conditions, which will be theresponsibility of Customer to obtain and review.
13. RELEASE AND INDEMNITY. Customer agrees to defend, indemnify andhold harmless Owner and its management company, and each of their respective
officers, directors, members, managers, affiliates, employees, agents andrepresentatives (collectively, the “Indemnified Parties”), from and against, and pay
Indemnified Parties for, all claims, actions, proceedings, judgments, liabilities,
demands, losses, damages, costs and expenses (including attorneys’ fees andcosts) incurred or suffered by, or brought or threatened against, any of theIndemnified Parties resulting from, arising out of or relating to (i) the Vehicle during
the Period of Use; (ii) use or misuse of the Vehicle by Customer; (iii) any
occurrences or matters during the Period of Use; (iv) any claims, instances,offenses, infractions, violations or fines for which Customer is responsible under
Sections 10, 12 or 14 of this Agreement; or (v) any violation or failure to abide by
any term or provision of this Agreement by Customer. Owner and the Indemnified
Parties, to the extent permitted under any applicable law, make no representation
or warranty regarding the Vehicle or weather, safety, driving, traffic, roadway,environment or Vehicle conditions, no warranty of merchantability, and no warranty
that the Vehicle is fit for a particular purpose, whether express, implied or apparent.
Customer, for him or herself and for the other Customers, Customer’s guests andCustomer’s invitees and each of their respective estates, personal representatives,
heirs, successors-in-trust, successors and assigns (collectively, “Customer’sGroup”), hereby releases the Indemnified Parties from any and all claims andliabilities, including those for injury, death or property damage, that may arise as aresult of or are in connection with Customer’s use or any of Customer’s Group’s
use of the Vehicle. Customer assumes all risk of loss, including death, injury andproperty damage, on behalf of him or herself and Customer’s Group for their use of
the Vehicle, and acknowledges that a vehicle and driving or being a passenger in a
vehicle can be dangerous, that the island of Lāna‘i has areas that are remote andhave no telephones, facilities, drinking water or cell phone reception and thatdriving to such areas can be risky and that some roads on the island of Lāna‘i are
dangerous, bumpy, susceptible to mud and potholes and subject to changeableconditions including becoming impassable, depending on weather and otherfactors. IN NO EVENT SHALL OWNER BE LIABLE OR RESPONSIBLE TO
CUSTOMER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGESRELATED DIRECTLY OR INDIRECTLY TO ANY BREACH BY OWNER OF THISAGREEMENT.

LIABILITY. Customer is liable and responsible for:any loss of, or damage to, the Vehicle or its accessories during the Period of
Use or arising from or related to any occurrences or matters during the Periodof Use, even if someone else caused it or the cause is unknown, and any
loss, cost, expense, damages, claim or liability relating to the Vehicle or
Customer’s use thereof, and occurring during the Period of Use or arisingfrom or relating to any occurrences or matters during the Period of Use(including any claim arising out of any violation of law);
any loss of, or damage to, vehicles and property of any persons, and any
death or injury of, or damages, loss, cost or expense incurred by any
persons, relating to the Vehicle or Customer’s use thereof, and occurring
during the Period of Use or arising from or relating to any occurrences ormatters during the Period of Use; andany consequential damage, loss, expense or cost incurred by Owner relating
to Sections 10(a) or (b) above, including salvage costs, towing and storage
costs, diminution in value (which is the difference between the value of the
Vehicle before the damage and value of the Vehicle after the damage), lossof ability to re-loan or use the Vehicle and damages due to inability to fulfill
agreements with third parties due to loss of use of Vehicle, cost to hire or
obtain a replacement vehicle and loss of revenue.

However, Customer’s responsibility will not exceed the amount of damages
expressly limited by applicable law.
11. INSURANCE. Customer is advised that automobile insurance is carried by
Owner with respect to the Vehicle, but for any claims for which Customer may be
responsible under this Agreement, Owner or Owner’s insurance company may
pursue reimbursement of all costs (including, attorneys’ fees and costs) associatedwith said claims against Customer. (For example, Owner may pursue
reimbursement from Customer for any deductible required to be paid out of pocket
by Owner in relation to any such claim.) Customer acknowledges that as arequirement to being a driver of the Vehicle, Customer must have its own insurance
coverage covering Customer’s use of the Vehicle, and that Customer is responsiblefor investigating whatever insurance coverage he or she may or may not have.
Nothing in this Agreement shall be read to mean that Owner’s insurance policy will
be primary to Customer’s insurance policy, and, to the extent permitted by law,
Customer’s insurance policy will be deemed to be primary in relation to any suchclaim, unless Owner elects in writing to have Owner’s insurance policy to be
primary. Owner, on behalf of itself and Owner’s insurance company, reserves all
subrogation rights pertaining to any claims against or by Customer, and does notwaive any rights or remedies for such claims, even if an insurance company pays
for such claims.

14. TRAFFIC AND OTHER OFFENSES. All traffic and/or parking offenses,
infractions or violations by any Customer or which occur during the Period of Use,and all penalties, fines, costs, expenses, charges and/or fees relating thereto, arethe responsibility of Customer. Customer will immediately notify Owner of such an
offense, infraction or violation, and immediately provide Owner with copies of any
documentation, notices, correspondence or evidence of payment received orprovided by Customer in connection with the offense, infraction or violation. In theevent that Owner receives notice of any such offense, infraction or violation, Owner
will send a copy of such notice to Customer as soon as is practicable and may
provide the necessary information to the relevant issuing authority for such notices
to be directed to Customer or for such offense, infraction or violation to be handled

Vehicle Loaner Agreement
2

by Customer. Subject to applicable law, if Customer fails to provide Owner withreasonable evidence that it is handling and resolving such offense, infraction or
violation in a timely manner, and Owner may be subject to liability due to suchoffense, infraction or violation, then Owner may handle and resolve such offense,
infraction and violation, and Customer shall be subject to such resolution of thematter and any penalties, fines, costs, expenses, charges and/or fees resulting
from such resolution. In no case, will any provision in this Agreement be read tomean that Owner is obligated to pay for or handle such offenses, infractions or

Hawai‘i general excise tax (the “GET”) on gross income, as the same may beamended from time to time, or any other similar taxes imposed upon Owner withrespect to payments in the nature of a gross receipts tax, sales tax, privilege tax or
the like, excluding federal or state net income taxes, whether imposed by theUnited States, State of Hawai‘i or County of Maui, an amount which when added tosuch payments shall yield to Owner after deduction of all such tax payable by
Owner with respect to all such payments a net amount which Owner would haverealized from such payments had no such tax been imposed.

Customer is encouraged toresolve and pay directly to the court, county
government or other appropriate government agency
all applicable fines, costs, monetary assessments,
penalties, fees, surcharges, or other charges. Customer
violations on behalf of Customer.

19. AUTHORIZATION AND JOINT AND SEVERAL LIABILITY. Each personthat is a Customer under this Agreement agrees that any one person providing
authorization, consent or agreement or taking any other action, or receiving any
notice or other communication from Owner, as a Customer under this Agreement,
will be deemed to have provided proper and full authorization, consent oragreement or taken action, or received proper notice or communication from
Owner, on behalf of all persons that are a part of Customer under this Agreement,
regardless if less than all persons have signed or directly provided such
authorization, consent or agreement or taken such action, or received such noticeor communication from Owner. All persons that are a part of Customer under thisAgreement are jointly and severally liable for the obligations and provisions under
this Agreement to be performed, complied with or abided by Customer. However,for purposes of any charges payable by Customer under this Agreement, and any
communications made to Customer under this Agreement, all persons that are apart of Customer agree that Owner may elect, in Owner’s discretion, to charge andprovide communications only, first or primarily to the Customer indicated as“Primary” on Exhibit A, on behalf of Owner.

shall pay for or reimburse Owner for any penalties, fines, costs, expenses, charges,
administrative fees and/or other fees relating to such offenses, infractions or
violations, which are incurred, charged to or paid by Owner, including, any
administrative fees, costs or expenses imposed on Owner to waive any name andIn addition, Owner may also
charge an administrative fee to Customer, themaximum estimated amount of which is $75, plus
GET, to cover certain costs such as research of files
and communications with the court, county
government, governmental agencies and Customer.
address of Customer requirements.

20. MISCELLANEOUS. (a) The term “Vehicle” means the Vehicle, or its
replacements and all of its parts, equipment, accessories, keys and documents,
and the term “including” or similar term, means including, without limitation, or
including, but not limited to; (b) except as may be specifically provided otherwise inthis Agreement, no term of this Agreement may be waived or changed and thisAgreement may not be terminated without the written agreement of Owner, signed
or initialed by Owner’s authorized representative; (c) Owner reserves the right toshare Customer’s information obtained under or relating to this Agreement withthird parties for verification of driver’s license or insurance, for billing purposes or to
enforce collection efforts, to enforce other provisions of this Agreement, inconnection with any claims Customer is responsible for under this Agreement (e.g.,
Customer and accident information to insurance companies or third parties involvedin accidents with Customer), to detect fraud, prevent fraud and/or as required orrequested by law or any governmental agencies; (d) Customer shall not be
permitted to assign any of its interests, rights or obligations under this Agreement,
and any such attempted assignment will be null and void; (e), if any provision of thisAgreement is held by a court or other similar authority to be invalid or not
enforceable to its fullest extent, such provision shall be enforced to the extent
permitted by law, and the validity of the remaining provisions hereof will not beaffected thereby; (f) all notices and other communications will be provided to theparties based on the contact information in Exhibit A attached hereto, unless aparty provides the other party, in writing, of revised contact information, in whichcase, the receiving party will use the revised contact information for that notifying
party after such notice; (g) the numbers and headings of sections and subsectionsin this Agreement are inserted only for convenience and reference and shall in noway define, limit or describe the scope or intent of any provision of this Agreement;(h) this Agreement shall be binding upon and inure to the benefit of Owner andCustomer and each of their respective estates, personal representatives, heirs,
successors-in-trust, successors and permitted assigns; and (i) THIS AGREEMENTIS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF HAWAI‘I, AND CUSTOMER AGREES THAT ALL
ACTIONS OR PROCEEDINGS IN ANY WAY ARISING OUT OF OR RELATED TO
THIS AGREEMENT WILL BE HELD IN COURTS OR OTHER VENUES IN
HAWAI‘I.

15. CANCELLATION OF AGREEMENT. Owner has the right, at any time byproviding notice to Customer, to terminate this Agreement and take immediate
possession of the Vehicle if Customer fails to comply with, or is in violation of, anyof the terms or provisions of this Agreement, or if there is an occurrence that gives
Owner a claim or right against Customer under this Agreement, or if the Vehicle islost, damaged or inoperable or requires maintenance. The termination of thisAgreement under the authority of this clause shall be without prejudice and in
addition to the other rights and remedies of Owner and the rights and remedies of
Customer under this Agreement, law or otherwise. Upon termination of thisAgreement, all provisions which were intended or are required to survive thetermination of this Agreement in order for the parties to properly and fully satisfy orcomplete the obligations or provisions as provided in this Agreement, will survive
the Period of Use and/or termination of this Agreement.
16. GPS UNIT. Customer acknowledges and agrees that Customer is
responsible and liable for:a.
damage to or loss, including theft, of any global positioning system (“GPS”)
unit provided with the Vehicle and/or its accessories. The charge for any
damaged or lost GPS unit is $350 plus GET per unit; andb.
a handling and freight fee where any GPS accessory is damaged and/or not
returned with the GPS unit. The charge is $30 plus GET per GPS unit.
17. PERSONAL PROPERTY. Owner does not assume responsibility for any
personal property of Customer or Customer’s guests or invitees left in, on or about
the Vehicle at any time. Customer releases Owner and all other Indemnified
Parties from all claims for loss of, or damage to, Customer’s or Customer’s guests’
or invitees’ personal property whether handled, stored, left or carried in, on or about
the Vehicle, whether or not the loss or damage was caused by the negligence ofOwner or any of the other Indemnified Parties.
18. GET. (“GET”) To the extent that Owner must pay the same, Customer
agrees to pay to Owner, together with each Use Fee and any other charges
payable by Customer under this Agreement, which are subject to the State of

Vehicle Loaner Agreement
3