Common use of PROPOSAL ACCEPTANCE Clause in Contracts

PROPOSAL ACCEPTANCE. This Proposal incorporates by reference IronPlanet’s standard terms and conditions which are located on IronPlanet’s Website, which were read and agreed to by Seller as a condition of registration. Except as may be otherwise provided herein, IronPlanet’s standard terms and conditions shall apply to this Proposal. IronPlanet and Seller hereby agree that a copy of this Proposal, which if transmitted by facsimile (▇-▇▇▇-▇▇▇-▇▇▇▇) or electronic mail, shall be binding and have the same force and effect as a signed original. This Proposal shall be deemed in effect upon signature of both parties below: By: /s/ ▇▇▇ ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ (signature) (signature) Print Name: ▇▇▇ ▇▇▇▇▇▇ Print Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: VP of Ops Title: Executive Vice President Date: 6/14/2010 Date: 6/14/2010 This Proposal shall not be copied, reproduced or provided to anyone other than the Seller, or its Counsel, without prior written consent of IronPlanet. This Proposal is a confidential communication between IronPlanet and Seller. IronPlanet has a bond (#70259768) on file with the Secretary of State, California. Select Seller Payment Instructions: o Company Check o Wire Transfer If Wire Transfer, instructions: Beneficiary Name: Beneficiary Acct. No.: Bank Name: Bank Location: Bank (ABA) Routing No.: Preferred Provider Proposal Confidential (v. 1.0) With the signature of this document, the signatory for Komatsu Financial L.P. (“Seller”) certifies that all equipment listed with IronPlanet (“IronPlanet”) is or shall be free of all liens and encumbrances prior to being placed in auction by IronPlanet and/or authorize IronPlanet to remit auction proceeds as might otherwise accrue to the benefit of Seller to such lien holder(s). If there are liens and they are not removed prior to auction, IronPlanet will pay any proceeds from auction directly to the lien holder or holders in the case of multiple or blanket liens. IronPlanet will contact the lien holder and request a lien removal upon payment of outstanding balance. Please be advised that IronPlanet will pay off the liens up to the amount received from the auction sale. If additional payments are required to satisfy the lien, Seller agrees to be responsible for the prompt payment of any remaining lien balances. By and for Komatsu Financial L.P: By: /s/ ▇▇▇ ▇▇▇▇▇▇ (Signature) Title: VP of Ops Date: 6/14/2010 NAMES of Potential Lien Holders (Name, Address, Phone #)