CUSTOMER APPLICATION

This Credit Application and Agreement including all information contained herein is a request for one or more extensions of business credit to defer payment for purchase of construction materials by Applicant from J. Mckinnon LLC affiliate Nash Corporation and all subsidiaries hereinafter, individually referred to as “Seller”. By submitting this application to Seller, Applicant hereby agrees that this Credit Application Agreement will apply to all sales. One or more of Sellers affiliates or subsidiaries may act as Sellers Collection Agent and have the ability to enforce the conditions and terms contained herein. Terms of each individual sale are set forth on each invoice and Applicant hereby agrees to the terms on each invoice. Until applicant has made settlement with Seller of the full amount due to Seller with respect to any materials supplied by seller for which Applicant receives payment from a third-party, Applicant shall segregate the proceeds for those materials and hold the same in trust for Seller. Seller shall have an equitable lien on funds paid to applicant until payment is made to seller. Applicant authorizes and consents to seller obtaining any and all credit reports and information it deems necessary from any and all sources. Applicant further authorizes seller to reinvestigate Applicants credit as Seller deems necessary in its sole discretion. Seller reserves the right to limit or terminate any extension of credit to Applicant in Seller’s sole and absolute discretion. Applicant authorizes Seller to act as a credit reference for Applicant by responding to inquiries from other creditors, trade associations or potential creditors of the Applicant regarding transactions or experiences with Applicant. Each of the undersigned does hereby certify that he/she is authorized to sign this credit application agreement on the behalf of the Applicant; that the information contained herein is true, accurate, and complete in all aspects; and that all purchases made by Applicant can and will be made in the ordinary course of business of Applicant for business purposes and that no credit sought or will be obtained for personal purposes. Applicant will advise seller in writing at the address referenced on its invoices with any changes in respect to any of the information included in this application or any other information that could reasonably affect the Applicants ability to pay. Applicant agrees to be liable for and immediately pay to Seller any and all court costs, reasonable attorneys fees, lien costs and all other costs, expenses incurred by Seller in enforcing the terms of this Credit Application Agreement, or collecting or attempting to collect money from Applicant, or enforcing or defending or prosecuting any claim against bonding companies, disbursing officers, guarantors, claims based on mechanics liens, stop notices or payment bonds up to the maximum amount allowable under state law, should any or all of this account be placed for collection. Seller retains right to amend or change this agreement upon written notice to Applicant at its sole discretion.