THIS RENTAL AGREEMENT (“Agreement”) by and between Rt. 8 Storage, LLC, a Pennsylvania limited liability company (“Lessor”) and “Tenant”, whose name and residence are set forth on the rental agreement addendum (the “Addendum”) incorporated herein by reference and made a part hereof, is effective as of the date signed by Tenant below, the date that Tenant accepts this agreement online or the date the Tenant accepts delivery of the Unit, whichever is earlier (the “Effective Date”), for the purpose of leasing or renting Lessor’s Unit on the terms and conditions set forth herein.
Tenant acknowledges and agrees that no bailment or deposit of goods for safekeeping is intended or created hereunder. Due to the nature of Lessor’s business and its purpose being storage, Tenant further understands that Lessor is not representing to Tenant, in any manner whatsoever, that Lessor is a “warehouseman” as such term is defined by applicable state statutes. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.
NOW THEREFORE, for and in consideration of the foregoing recital, the payment of Rent and other sums paid and to be paid, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and assumption of obligations described in this Agreement, the parties hereto hereby agree as follows:
1. DESCRIPTION OF UNIT.
Tenant hereby retains Lessor’s services in connection with one or more portable storage containers or units (individually and collectively, the “Unit”) as more fully described in the Addendum and Confirmation (defined below). Tenant has the option to store the Unit with Lessor or have the Unit remain at Tenant’s designated location (“Tenant’s Premises”). Should Tenant elect to have Lessor store the Unit at Lessor’s premises, Tenant agrees that Lessor shall have the right and authority to store the Unit at any of Lessor’s, or its affiliates’ storage facilities (“Facility”). Lessor shall attempt to store the Unit at a Facility closest to Tenant’s address, space permitting. Tenant shall have access to the Unit, only during specified hours which are normally 8:30 am to 5:00 pm local time, by giving advance notice to Lessor. Tenant should call the number above to confirm the access hours, schedule access, or make special arrangements for access during non-business hours. Upon use of the Unit, Tenant acknowledges having had an opportunity to examine the Unit and that such Unit is satisfactory for all purposes for which Tenant shall use it. Tenant hereby authorizes Lessor to enter upon the Tenant’s Premises whenever Lessor deems it necessary to enforce any of Lessor’s rights pursuant to this Agreement or pursuant to any state or federal law. Tenant warrants that Tenant has, as owner or otherwise: (a) all the necessary rights with respect to the Tenant’s Premises for purposes of this Agreement; and (b) the right and authority to permit Lessor’s unrestricted entrance upon Tenant’s Premises.
2. TERM AND RENT.
The term of this Agreement commences as of the Effective Date and continues thereafter on a month-to-month tenancy until terminated. Tenant must pay the Lessor, in advance, monthly rent (the “Rent”) on each Due Date (as defined below) in the amount set forth on the invoice, without deduction, prior notice, demand or billing statement. The date the Unit is first delivered to Tenant shall be the initial “Due Date”. Thereafter, all rent periods begin on the first day of the month and end on the last day of the month. Tenants who rent units starting on any day other than the first day of the month will have the rent of the first month pro-rated. All charges not paid will be deducted from the security deposit. Tenant will pay any applicable sales and use taxes imposed on any transaction hereunder. Tenant will not be entitled to a refund of any prepaid rent under any circumstances. The monthly rent may be adjusted by Lessor effective the month following written notice by Lessor to Tenant specifying such adjustment, which notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment will be effective. Any such adjustment in the Rent will not otherwise affect the terms of this Agreement, which will remain in full force and effect. Time is of the essence with regard to all payment obligations due under this Agreement. Lessor has issued or will issue a confirmation and/or transaction summary of Tenant’s order (collectively, the “Confirmation”) that sets forth the pricing of Lessor’s delivery and storage services including other terms and conditions of such order. The pricing and the terms and conditions of the Confirmation issued by Lessor shall be incorporated herein by reference and made a part hereof.
3. FEES, LATE CHARGES, ETC.
(a) In the event Tenant fails to pay Rent by the 5th day after the Due Date or the earliest date permitted by applicable law, Tenant shall pay, in addition to any other amounts due, a late charge equal to 10% of the outstanding balance or the maximum amount allowed by applicable law plus Tenant will be responsible for all of Lessor’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees.
(b) In the event Lessor commences a lien sale as a result of Tenant’s default in the payment of Rent or other charges due under this Agreement, Tenant shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Lessor associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $75.00.
(c) In the event Tenant is delinquent in the payment of Rent or other charges due under this Agreement, including without limitation, financing charges, late charges, handling charges and costs associated with the processing of Tenant’s delinquent account (collectively, “Charges”), Tenant authorizes Lessor to charge Tenant’s credit card account and or debit card account, without the signature of Tenant, for such Charges owed by Tenant to Lessor, even if Tenant has selected another method of payment as the preferred method. Lessor shall have no liability to Tenant for charges applied to Tenant's credit card account so long as such Charges are applied by Lessor in good faith.
(d) Additional fees may be incurred for delivery, redelivery or extended delivery, in addition to any fee assessed against Lessor for any military DITY weight, as applicable.
4. LIMITS ON USE.
It is Tenant's responsibility to adequately insure the stored property. Tenant understands and agrees that Lessor need not be concerned with the kind, quantity or value of personal property or other goods stored by Tenant in the Unit pursuant to this Agreement. Tenant specifically acknowledges and agrees: (a) that the Unit may be used for storage only, and that the use of the Unit for the conduct of business or for HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED; and (b) that Tenant assumes full responsibility and liability for packing Tenant’s property in the Unit and for securing Tenant’s property for over the road transportation. Tenant shall store only personal property that Tenant owns and will not store property that is claimed by another or in which another has any right, title or interest. Tenant shall not store any food or perishable goods, hazardous materials (as defined below), flammable materials, explosives, or other inherently dangerous material, nor perform any work in the Unit. Tenant shall not store any personal property in the Unit which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters. For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. Tenant shall not use the Unit in any manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Facility. Tenant acknowledges and agrees that the Unit and the Facility are not suitable for the storage of objects which have sentimental value to the Tenant or others, including, but not limited to, heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, and items for which no immediate resale market exists. Tenant agrees that the value of any of the foregoing items that Tenant chooses to store in the Unit in violation of this provision shall be limited to the salvage value of the item’s raw materials. Further, Tenant acknowledges and agrees not to store the following items in the Unit: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; stored value cards and smart cards; manuscripts, personal records, and stamps; jewelry, watches, furs, precious and semiprecious stones; firearms; animals, birds and fish; aircraft, hovercraft, motor vehicles and engines; trailers; property not owned by the tenant or for which tenant is not legally liable; computer software or programs, media or computer data contained on hard disks or drives. Tenant agrees not to store property in the Unit that has an aggregate value of over $5,000 or that may cause consequential damages or emotional distress to Tenant or others if it were missing, stolen, sold or damaged.
Notice: Lessor shall not be liable to Tenant or a third party for the removal or sale of personal property which is not Tenant’s property or upon which a prior lien has attached, unless notice shall have been given in writing to Lessor by Tenant that the property placed in the Unit was not Tenant’s property. Tenant is required to inform Lessor of the nature and identity of any property placed in the Unit which is not Tenant’s property.
5. TENANT’S RISK AND LIABILITY.
Subject to Section 6, whether the Unit is located at the Tenant’s Premises, at the Facility or in transit, Tenant personally assumes all risk of loss or damage to or theft of Tenant’s property stored in the Unit however caused, including, without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Lessor or Lessor’s Agents. Tenant specifically acknowledges that Lessor shall not be liable for any damage to Tenant’s property for any reason. Tenant agrees to insure the actual full value of the stored property against loss and damage.
6. NO INSURANCE – NO LIABILITY OF LESSOR.
Tenant may choose to obtain supplemental insurance from their own homeowner’s or renter’s carrier or Tenant may elect to be “self-insured”. All personal property stored within the Unit by Tenant or stored in the Unit at Lessor’s Facility shall be at Tenant’s sole risk. Lessor carries no insurance which in any way covers any loss whatsoever that Tenant may have or claim by renting the Unit or being at the Facility and, therefore, Tenant must obtain any insurance desired at Tenant’s own expense. Lessor strongly recommends that Tenant secure his own insurance to protect himself and the personal property against all perils of whatever nature.
7. LIMITATION OF LESSOR’S LIABILITY.
Subject to Section 6, Lessor and Lessor’s Agents shall not be responsible to Tenant or to any other person for any loss however caused, including, without limitation, Lessor and Lessor’s Agents active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Lessor’s fraud, willful injury or willful violation of law. In addition, Tenant hereby releases Lessor and Lessor’s Agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons that could have been insured against. Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Lessor or Lessor’s Agents. TENANT WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO TENANT’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TENANT WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO TENANT. TENANT AGREES THAT LESSOR’S AND LESSOR’S AGENTS TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $5,000.
Tenant shall indemnify, defend and hold harmless Lessor and its affiliates, and each of their respective directors, officers, members, employees, agents and representatives (collectively, “Lessor’s Agents”) from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Tenant’s use of the Unit or Facility, including, without limitation, as a result of any of Tenant’s breach of Tenant’s obligations pursuant to this Agreement.
9. LESSOR’S LIEN.
LESSOR HAS A LIEN UNDER 73 P.S. §1904 ON ALL PERSONAL PROPERTY STORED IN TENANT’S UNIT FOR RENT, LABOR OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE STATE LAW TO SECURE AND COLLECT RENT, TENANT HEREBY GRANTS TO LESSOR A CONTRACTUAL LESSOR’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE UNIT OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT TENANT IS IN DEFAULT OF THIS AGREEMENT, LESSOR MAY BEGIN THE ENFORCEMENT OF ITS LIEN INCLUDING DENIAL OF ACCESS TO THE UNIT BY THE TENANT, AGAINST ALL PROPERTY OF TENANT STORED IN THE UNIT OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION TO SATISFY THE APPLICABLE LIEN LAW. PROCEEDS, IF ANY, FROM THE SALE OF THE PROPERTY IN EXCESS OF AMOUNTS OWED TO LESSOR, WILL BE PAID (IF ANY) TO THE STATE TREASURER IF UNCLAIMED BY THE TENANT AS PRESCRIBED BY APPLICABLE LAW. AS LESSOR HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE UNIT, TENANT HEREBY WAIVES ANY OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN TENANT’S UNIT.
10. LOCK; ALTERATIONS.
Tenant shall provide, at Tenant’s own expense, a lock for the Unit which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Unit. Tenant shall not provide Lessor or Lessor’s Agents with a key and/or combination to Tenant’s lock. Unit must be properly locked by Tenant prior to Lessor moving the Unit. Tenant shall not make or allow any alterations of any kind or description whatsoever to the Unit without, in each instance, the prior written consent of the Lessor.
11. NO REPRESENTATIONS OR WARRANTIES.
Lessor hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Unit and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. Tenant hereby acknowledges and agrees that Lessor does not represent or guarantee the safety or security of the Unit or the Facility or of any property stored therein and this Agreement does not create any contractual duty for Lessor to create or maintain such safety or security. Tenant further acknowledges and understands that Lessor makes no assurances or guarantees regarding the time of pick-up or delivery of any Unit. Lessor does not make any representations or warranties that any Fuel Subsidy Charge (if applicable) or any other similar charge charged to Tenant equals its excess fuel costs or that it will not profit from such charge.
12. WEIGHT LIMITS.
Tenant acknowledges and agrees that the maximum weight of Tenant’s property shall not exceed 5,000 pounds contained in the Lessor’s sixteen-foot (16’) Unit, and 4,700 pounds in the Lessor’s twelve-foot (12’) Unit. The foregoing weight limits do not apply to a Tenant that does not require the transport of Tenant’s Unit at any time by Lessor with Tenant’s contents stored inside. The foregoing weight limits may be updated by Lessor from time to time.
13. PLACEMENT OF UNIT.
Tenant acknowledges that Lessor will attempt to place the Unit on a driveway or other paved surface immediately accessible from a street fronting Tenant’s Premises and such placement area shall have adequate size, clearance and structural integrity to sustain the weight and size of the Unit, delivery truck and any other related equipment. Tenant authorizes Lessor to: (a) drive on Tenant’s lawn or other non-paved area in order to place the Unit pursuant to Tenant’s instructions or due to a designated area lacking adequate size and/or clearance, or (b) drive on a paved surface. In either
case, Tenant assumes full risk for all damage resulting from the delivery, placement and retrieval of the Unit and Tenant relieves Lessor from any responsibility for such damage. Any deliveries or retrievals of the Unit requiring Lessor to access the Unit by way of non-paved areas shall permit Lessor, at its option, to assess Tenant a service charge, which Tenant agrees to pay. Tenant agrees that Tenant will not relocate the Unit. In the event it is determined that the Unit has been relocated, Tenant agrees to pay an additional fee of not less than $75.00 and up to current retail value of the Unit plus any cost or shipping associated with the retrieval of the Unit. Tenant authorizes Lessor to charge Tenant’s credit card account and or debit card account, without the signature of Tenant, for such fees and costs owed by Tenant to Lessor, even if Tenant has selected another method of payment as the preferred method. Lessor shall have no liability to Tenant for charges applied to Tenant's credit card account so long as such Charges are applied by Lessor in good faith.
14. RIGHT TO ENTER, INSPECT AND REPAIR UNIT.
Tenant shall grant Lessor, Lessor’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Unit and the premises where such Unit may be located, if necessary, as required by applicable laws and regulations or in connection with Lessor exercising its rights as set forth in this section. In the event Tenant shall not grant access to the Unit as required, or in the event of an emergency or upon default of any of Tenant’s obligations under this Agreement, Lessor, Lessor’s Agents or the representatives of any governmental authority shall have the right, but not the obligation, to remove Tenant’s locks and enter the Unit for the purpose of examining the Unit or the contents thereof or for the purpose of making repairs or alterations to the Unit and taking such other action as may be necessary or appropriate to preserve the Unit, or to comply with applicable law including any applicable local, state or federal law or regulation governing Hazardous Materials or to enforce any of Lessor’s rights.
Lessor may terminate this Agreement for any or no reason effective immediately upon written notice to Tenant. Tenant may terminate this Agreement at any time by giving notice to Lessor and such termination shall be effective as of the last day of the rental month. Notwithstanding the foregoing, Tenant shall only be entitled to terminate this Agreement provided there are no outstanding amounts owing to Lessor and Tenant is not in default under this Agreement. Notwithstanding any provision to the contrary in this Agreement, no monthly rent shall be prorated or refunded if the termination occurs prior to the end of a full rental month.
The following events shall be deemed to be events of default by Tenant under this Agreement: (a) Tenant fails to pay any installment of the rent due under this Agreement; (b) Tenant fails to comply with any term, provision or covenant of this Agreement, other than the payment of rent, and does not cure such failure within ten (10) days after written notice thereof to Tenant; or (c) Tenant abandons the Unit.
17. REMEDIES UPON EVENT OF DEFAULT.
If an event of default shall occur, Lessor shall have the right at its election, then or at any time thereafter while such event of default continues, to pursue the following remedies, or any other remedies provided for under applicable laws, under this Agreement. ALL EXPENSES INCURRED BY LESSOR THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY TENANT WILL BE ASSESSED TO THE TENANT (INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER EXPENSES). Lessor may deny Tenant access to Tenant’s property stored in the Unit or Lessor may terminate this Agreement by giving notice to Tenant, in which event Tenant shall immediately surrender the Unit to Lessor and if Tenant fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, in conformity with the timeframes set forth in the relevant laws of the Commonwealth of Pennsylvania, deny Tenant’s access to the Unit if located at a Facility or enter upon Tenant’s premises and take possession of the Unit and Tenant’s property stored in the Unit, and expel or remove Tenant, without being liable for prosecution or any claim of damages therefore and Tenant hereby agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Unit on satisfactory terms, unjust detention of the unit, or otherwise. Lessor’s remedies are cumulative and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to Lessor.
18. CONDITION OF UNIT UPON TERMINATION; DAMAGE WAIVER.
Upon termination of this Agreement for any reason, Tenant shall remove all Tenant’s personal property from the Unit, unless such property is subject to Lessor’s lien rights as provided herein, and shall immediately deliver possession of the Unit to Lessor in the same condition as delivered to Tenant on the commencement date of this Agreement, reasonable wear and tear excepted. Tenant agrees that any personal property left in the Unit shall be deemed abandoned by Tenant, and with respect thereto, Tenant authorizes Lessor to remove such property from the Unit and either dispose of it in any manner in Lessor’s sole discretion and without liability to Tenant or retain such property as collateral for payment of the removal charges and/or any other amounts due Lessor. Nothing herein shall be construed as imposing a duty upon Lessor to store or safeguard the Tenant’s property. Tenant shall be responsible for any reasonable charges associated with cleaning-up of the Unit and disposal of such property by Lessor. While the Unit is not in Lessor’s possession, Tenant accepts all responsibility for damage to or theft of the Unit regardless of Tenant’s fault or negligence, the fault or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.), and shall reimburse Lessor for all expenses reasonably incurred by Lessor to replace or restore the Unit that shall be paid by the Tenant as additional rent.
19. RELEASE OF TENANT INFORMATION.
Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered upon deposit in the United States mail, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement. In addition, Lessor may communicate with Tenant and provide Tenant with any written notices required by applicable law or authorized under this Agreement via electronic mail if Tenant has provided the Lessor with an electronic address.
21. NOTIFICATION OF CHANGE OF ADDRESS.
In the event Tenant shall change Tenant’s place of residence or alternate address, Tenant shall give Lessor written notice of any such change within ten (10) days of the change, specifying Tenant’s current residence, alternate address and telephone numbers. Failure to provide forwarding information in writing releases Lessor of any damages that might occur in the event that the Unit must be removed or in exercising Lessor’s remedies upon an event of default. Lessor assumes no responsibility and will not be required to make attempts to locate Tenant if such information has not been provided.
22. GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to Pennsylvania’s conflicts of laws provisions. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Pennsylvania law, but, if any provision of this Agreement shall be invalid or prohibited under Pennsylvania law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Tenant agrees to waive their rights to a jury trial for any and all claims made against or through Lessor. Tenant further agrees that Lessor will be notified of all claims no later than the earlier of sixty (60) days from the initial discovery of the claim or default or sixty (60) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Tenant arising under this Agreement must be brought in a court of competent jurisdiction located in the County of Venango, being the geographic area in which Lessor has its original place of business at the time of commencement of litigation proceedings. Specifically, Jurisdiction and venue shall be in the Court of Common Pleas of Venango County or in Magisterial District Court 28-3-02. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Tenant or Lessor from bringing an action to enforce any judgment or judicial order in any other jurisdiction. The prevailing party in any dispute will be entitled to recover from the losing party its costs (including costs of collection, reasonable attorneys’ fees, and investigative fees).
23. ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES.
Tenant shall not assign or sublease the Unit or any portion thereof without in each instance the prior written consent of Lessor. Lessor may assign or transfer this Agreement without the consent of Tenant and, after such assignment or transfer, Lessor shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Lessor Agent is a third party beneficiary of this Agreement, and has the right to enforce provisions of this Agreement directly against the Tenant.
24. RULES AND REGULATIONS.
The rules and regulations (the “Regulations”) of Lessor’s Facilities posted in a conspicuous place at the Facility are made a part of this Agreement and Tenant shall comply at all times with such Regulations while at the Facility. Lessor shall have the right from time to time to promulgate amendments and additional rules and regulations for the safety, care and cleanliness of the Unit, Facility and all common areas of the Facility, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Facility, they shall become a part of this Agreement.
25. LOCAL ORDINANCES AND REGULATIONS.
Tenant acknowledges that Tenant’s use and placement of the Unit may be subject to county, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Tenant assumes full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or otherwise, resulting from Tenant’s use or placement of the Unit in violation of such ordinances, rules and/or regulations. If an authority requires Lessor to remove the Unit from Tenant’s premises, Lessor will attempt to notify Tenant of such requirement; provided, however, Tenant gives Lessor full authority to comply with such requirements, and absolves Lessor of any liability for any resulting damage to Tenant’s premises or property. Additionally, if Tenant is renting or leasing the premises where the Unit is located, other than property owned by Lessor, and the landlord of the premises requests that the Unit be removed or relocated, Tenant gives Lessor full authority to comply with the landlord’s request, and absolves Lessor of any liability for any resulting damage to Tenant’s property or the premises and shall indemnify and hold harmless Lessor from any claims by the landlord for damage to the premises. Tenant further understands that should the Unit be removed by any person other than Lessor, Tenant assumes all costs, including, but not limited to, legal fees, and any removal or storage fees that are incurred with the Unit’s retrieval and further agrees to pay Lessor for any damages that are associated with such removal and storage of the Unit.
26. FORCE MAJEURE.
Lessor shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
Tenant understands that all telephonic communications with Lessor or its Agents will be recorded and Tenant hereby gives express permission for said recording.
28. RENTAL AGREEMENT UPDATES.
Lessor may make changes to the terms and conditions of this Agreement from time to time by either making the updated agreement available through Tenant’s online account or by mailing the updated agreement to Tenant’s last known address. Lessor may make such changes, at Lessor’s option, without providing any special notice or upon 30 days prior written notice to Tenant.
29. ENTIRE AGREEMENT.
This Agreement, Addendum, Confirmation and Regulations sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Lessor or Lessor’s Agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein. Except as otherwise provided in this Agreement, this Agreement may only be amended by a writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date, and agree to be bound by all the provisions of this Agreement.