General Terms and Conditions

1. Payment. Payment is due on receipt of invoices. Applicant agrees to make payment to MEP for services performed and/or equipment provided under any Application for Credit, or any related or subsequent Purchase Order or service request, within thirty (30) days after Applicant’s receipt of an invoice for such services and/or equipment. A finance charge of 1.5% per month, 18% per annum, will be charged on all accounts commencing thirty (30) days from the date of invoice, after deducting all payment and credits during the billing cycle. To the extent that any collection action is required, Applicant agrees that MEP shall be entitled to collect, in addition to the monies owed and accrued interest, its costs of collection including reasonable attorneys’ fees, regardless of whether a formal action for collection is initiated.

2. Choice of Law and Consent to Jurisdiction. This Application for Credit and any related or subsequent Purchase Order or other service request shall be governed by and construed in accordance with the laws of the State of Indiana. In the event of any dispute between the parties, whether under this Application for Credit, any Purchase Order, service request and/or any other contract or agreement between with Applicant, Applicant hereby consents to the exclusive jurisdiction of the State and federal Courts of Indiana and agrees that venue shall be proper in Marion County, Indiana. Applicant waives any objection based on forum non convenience and any other objection to venue of any such action or proceeding. If Applicant has a dispute with MEP regarding the application or interpretation of any provision of this Credit Application, any Purchase Order, service request or other contract or agreement, including the breach thereof, Applicant shall, within seven (7) days after such dispute arises, submit its claim, in writing to MEP attaching all supporting documentation. Should MEP request additional documentation or information, Applicant shall provide such documentation and/or information promptly. With respect to any action, other than an action to collect unpaid invoices as set forth in paragraph 1 above, should any dispute between MEP and Applicant proceed to court and/or to any agreed upon alternative dispute resolution forum, and MEP prevails in such dispute, Applicant expressly agrees that MEP shall be entitled to all of its reasonable attorneys’ fees, disbursements and costs incurred in connection with the prosecution or defense of any such dispute.

3. Liability Disclaimed. Applicant understands and acknowledges that, except for MEP’s standard written warranty, MEP does not make and hereby disclaims any representation or warranty, express or implied, for the services, products, work and/or equipment provided by or through MEP. If MEP breaches any of its obligations under a Purchase Order, service request, or any other contract or agreement with Applicant, and/or if MEP refuses, fails or neglects to correct defective or nonconforming work, or to perform any other obligation or fulfill any other requirement imposed by such Purchase Order, service request or other contract or agreement with Applicant, and if MEP is liable under applicable law for such breach or defect, MEP’s sole liability to Applicant and Applicant’s sole remedy is limited to the cost of such services, products provided, work performed and/or equipment provided under such Purchase Order, service request or any other contract or agreement between the parties. IN CONSIDERATION FOR THE CREDIT TO BE EXTENDED FROM TIME TO TIME TO APPLICANT, APPLICANT HEREBY WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO APPLICANT. SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO APPLICANT.

4. Enforceability. If any provision of this Application for Credit is determined by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be deemed null and void to the extent so determined, but in all other respects, the provisions of this Application for Credit shall be enforceable according to its terms.

5. Notices. All notice shall be in writing (or promptly confirmed in writing) and shall be delivered by U.S. Mail, postage prepared, to: MEP Holding Co., Inc. 2350 N. Shadeland Avenue, Indianapolis, Indiana 46219; and to Applicant: at the address set forth on page 1 of this Application for Credit.

6. Entire Agreement. It is agreed and understood by Applicant that this Application for Credit constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all other prior understanding or agreements relating to the premises covered by this Application for Credit. This Application for Credit may not be changed, modified or varied except by writing signed by both parties. To the extent that any of the terms contained in this Application for Credit conflict with any terms of a subsequent Purchase Order, service request or other contract or agreement with Applicant, the terms of this Application for Credit shall control. For purposes of this Application for Credit, the term “Purchaser Order” shall include any purchase order generated by MEP or any other agreement evidencing services, equipment or work to be provided by MEP to Applicant.

EACH applicant acknowledges that SUCH applicant has read, understands AND ACCEPTS this entire APPLICATION FOR CREDIT, including THE general terms and conditions SET FORTH ABOVE, AND REPRESENTS AND WARRANTS THAT THE INFORMATION PROVIDED by applicant ON THE FIRST PAGE OF THIS APPLICATION FOR CREDIT IS TRUE, ACCURATE AND COMPLETE.

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