Monthly Rental Agreement
NOTICE TO OCCUPANT: The Operator of this self-service storage facility has a lien on all Personal Property stored within the Leased Space (“Leased Space”) for rent, labor, or other charges, and for the expenses reasonably incurred in the sale of such Personal Property. The lien is established by the Kansas Self-Service Storage Act, §58.813 et seq. Any proceeds from the sale of the Personal Property which remain after satisfaction of Our lien will be paid to the State Treasurer if unclaimed by the Occupant within one (1) year after the sale of the Personal Property.
TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT
NOTICE TO OCCUPANT: DO NOT ENTER INTO THIS RENTAL AGREEMENT BEFORE YOU READ IT, FULLY UNDERSTAND, AND AGREE TO ABIDE BY THE COVENANTS AND CONDITIONS HEREIN.
REMIT MONTHLY PAYMENT AND NOTICES IN PERSON OR BY MAIL TO OUR CENTRAL OFFICE
City Wide Storage
440 N. Ohio St.
Salina, KS 67401
Monthly Statement ($1.00 Service Charge)
OCCUPANT MUST NOTIFY CITYWIDE Storage, IN WRITING, OF ANY ADDRESS CHANGE AND/OR ANY INTENT TO VACATE
1. Month-to-Month Term and Renewal: This Rental Agreement for the rental of a self-service storage space (the “Leased Space”) from Triplett Storage, LLC (“Operator”), d/b/a City Wide Storage (the “Facility”), shall be on a month-to-month basis and shall automatically renew for successive one month periods on either the 1st or 15th of each month as indicated on page 1, defined as the “Renewal Date,” unless terminated as provided for in Item 5 or 19. If the Renewal Date is less than fifteen (15) days after the date of execution of the Rental Agreement, Occupant has paid an additional full month of rent as indicated above under “Amount Paid At Signing” section of the Terms and Conditions of the Rental Agreement. The “Next Rent Due” listed above shall be conclusive of when any advance paid rent has been exhausted. Operator may increase Monthly Rent for the Leased Space with thirty (30) days advance written notice to Occupant. A one (1) month minimum Rental is required.
2. Rent is Due on the Renewal Date: Rent shall be in the amount specified above, payable monthly to Operator in advance, without demand or notice, on the 1st or 15th of the month as indicated above in the Terms and Conditions (hereafter “Renewal Date”) while Occupant is in possession of the Leased Space. Occupant agrees to pay Rent in person to Operator`s central office location, by mail to the “Pay Rent To” address above, by telephone credit card authority, with credit card in person, or by written authorization, and shall not mail or deliver Rent in the form of cash into the main/central office by any “drop slot”. Occupant is required to obtain a receipt for any cash payment. It is expressly agreed that Operator does not send monthly statements or reminders of Rent due dates. Occupant may request monthly statements by checking the box marked “Monthly Statement” above. A One Dollar ($1.00) service charge shall be included in each statement for this option. Occupant shall not fail to pay Rent even if Occupant does not receive a statement. Operator may require payments of Rent to be in the form of money order, cash, or cashier`s check, in the event Occupant is in Default or has any payment due Operator returned for any reason, including insufficient funds. Rent is non-refundable. Any rent payment made by the internet (if available) must be in the full amount due at the time of payment. If less than full payment is made over the internet, said payment shall be deemed automatically refused and any sums remitted shall be returned to Occupant at Occupant`s last known address. No internet payments can be made within forty-eight (48) hours of a lien sale.
3. Credit/Debit Card or ACH Authorization for Payment of Rent and Other Charges: If Occupant signs an Auto-Debit Agreement providing Operator credit/debit card or ACH information owned by Occupant at the time of execution of this rental agreement or anytime during the term of this rental agreement or upon which Occupant has authority to as described below, Occupant agrees to the following terms and conditions:
Occupant has authorized Operator to automatically charge or debit the credit/debit card or ACH from his/her checking or savings bank account (which is owned by the Occupant) on the Renewal Date each month, or as soon as reasonably practicable thereafter, in the amount stated in the Terms & Conditions Provision of this Rental Agreement, as Rent for each and every month that Occupant occupies the Leased Space. This authorization shall continue in effect for any extensions or renewals hereof, including any increases in Rent and other charges assessed to the Occupant, when properly noticed to the Occupant or
If Occupant terminates this Rental Agreement owing any Rent or other charges due to Operator, Operator may charge/debit Occupant&rsquos credit/debit card or ACH his/her checking or savings account any sum due and owing upon termination, including but not exclusively, damages to the Leased Space or Facility, outstanding Rent due, any other default charges, clean up charges, dumpster charges, and any other sums due and owing at the termination of the Rental Agreement. The authorization to charge/debit Rent or other charges shall survive the termination of authorization to charge/debit to the debit/credit card or bank account if any sums are due and owing at the time of the termination of this authorization or the termination of the Rental Agreement.
4. Security Deposit: Operator acknowledges receipt of the Security Deposit specified above which shall secure Occupant`s performance of all terms of this Rental Agreement. Occupant agrees that Operator need not segregate the Security Deposit from other funds and that no interest will be due Occupant for the period during which the Security Deposit is held. The Security Deposit shall be returned to Occupant within thirty (30) days of termination, if Occupant returns the lock provided by Operator with two (2) original keys and leaves the Leased Space empty, clean, and prepared for re-rental to others. Operator may deduct from the Security Deposit, in addition to lock charges, any unpaid Rent, damages, charges, cost or expenses due to Operator as well as the costs of preparing the Leased Space for use by others.
5. Termination: Occupant may terminate this Rental Agreement at any time if all Rent and charges are paid in full and Occupant notifies Operator in writing of its vacating of the Leased Space. Operator may terminate this Rental Agreement by giving Occupant fifteen (15) days written notice prior to the end of the term or any renewal term. The Leased Space shall be left broom clean, free of trash and Occupant shall remove all of its property and the Occupant`s lock. Occupant shall fully vacate by the date stated in Occupant`s or Operator`s Notice. Operator charges and Occupant is responsible for a Thirty-Five Dollar ($35.00) per hour charge for cleaning the Leased Space, minimum one (1) hour, plus costs including any disposal fees if Operator must remove property and clean the Leased Space. If Occupant terminates and has a pre-paid credit of more than sixteen (16) days of Rent, Operator will refund the pre-paid Rent, so long as the one month minimum term has been fulfilled.
6. Other Charges and Fees: Occupant is in Default if Monthly Rent is not paid by the Renewal Date, and any Rent accepted thereafter shall be at the sole discretion of the Operator. Occupant shall pay Operator a late charge on any Rent payment five (5) days late of Twenty Dollars ($20.00) or twenty percent (20%) of the Rent for the month, whichever is greater, for each month Rent is late. For the purpose of determining if Rent is paid on time, the date the payment is received in the Operator`s office, not the postmark date is used. Operator shall deactivate gate access, if applicable, ten (10) days after Rent is late. Further, if Occupant`s Rent is ten (10) days late, Operator shall overlock the Leased Space and Occupant shall owe Operator a Twenty-Five Dollar ($25.00) deactivation/overlock fee. If Occupant`s Rent becomes thirty (30) days late, Occupant shall be charged a Forty Dollar ($40.00) fee for sending the required first class mail notice. Seven (7) or more days later, Operator shall send a restricted mail Default Notice and prior to sending this Notice, Operator shall cut Occupant`s lock to inspect the contents of the Leased Space. Occupant shall be charged a Forty Five Dollar ($45.00) restricted delivery/lock cut fee. Occupant shall be charged a Forty Dollar ($40.00) fee for the advertising of the lien sale. In the event the default remains uncured, Occupant shall be charged a Forty Dollar ($40.00) fee to conduct the lien sale, which is imposed on the date of the lien sale. A Thirty Dollar ($30.00) charge shall be assessed due and payable for any returned check, plus any applicable late fees. Occupant shall also pay Operator all other costs and expenses incurred by Operator arising out of or related in any manner to a breach of this Rental Agreement particularly any charges incurred for Rent, late fees, or other charges and expenses incurred in enforcing the lien by Occupant, Operator`s collection of any amount owed by the Occupant, or the exercise of any remedy by Operator upon a Default by Occupant (including the sale or other disposition of Occupant`s property) as permitted under this Rental Agreement or by law. Occupant shall be liable to Operator for Operator`s attorney`s fees incurred in enforcing any of Occupant`s responsibilities under this Rental Agreement.
7. Use of Leased Space and Prohibited Storage, Limitation on Value of Stored Property: The Leased Space may be used and occupied only for the storing of personal property owned by Occupant. Occupant shall keep the Leased Space in a clean and sanitary condition and free of rubbish, liquid waste or refuse. Occupant shall not alter the Leased Space in any way including not securing anything to the walls or punch holes. Occupant shall not use the Leased Space for the use or storage of any animals food animal feed (including seed) explosives highly flammable, dangerous, hazardous or toxic materials or substances as defined in Provision 10 below noxious smelling items, contraband or illegal substances or for any unlawful purpose of any kind. Occupant shall not use the Leased Space for the operation of any commercial, industrial, or manufacturing business. Occupant shall not engage in any activity in the Leased Space which produces such prohibited materials. Occupant shall not use the Leased Space for storage of any gasoline or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such gas, oil, grease, or other lubricant as may be contained in the operating parts of the items stored in the Leased Space and in such case shall store the property with no more than one quarter (1/4) tank of gas and a drip pan or absorbent pad designed to absorb petroleum products under the stored property to retain any leaking fluids. No propane or empty propane canisters may be stored in the Leased Space. No gas canisters shall be stored in the Leased Space. Occupant, or any other person, shall not live or sleep in the Leased Space, nor shall animals be permitted to be stored in the Leased Space.
Occupant agrees not to store property in the Leased Space with a total value in excess of $2,500.00 without the prior written permission of the Operator. If such written permission is not obtained, the value of property shall be deemed not to exceed $2,500.00. The Leased Space is not appropriate for storage of irreplaceable property such as books, writings, objects which have an unknown immediate resale market value, or objects which have a special, sentimental, or emotional value to Occupant. By this Rental Agreement, Operator is generally not liable for the loss of Occupant`s property. This provision shall not constitute an admission that Occupant`s property has any value whatsoever.
Notwithstanding anything in this Rental Agreement, in no event will Operator or Operator`s agents be liable to Occupant or Occupant`s agents for an amount in excess of Two Thousand Five Hundred Dollars ($2,500.00) for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Operator or Operator`s agents. Occupant will not sue Operator or Operator`s agents with respect to any claim, cause or action, loss or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. Occupant understands that this release of Operator`s liability is a bargained for condition of this Rental Agreement and Operator`s consent to enter into this Rental Agreement and that if Operator were not released from the liability as set forth in this Provision, a much higher Rent would have to be agreed upon or Operator would not enter into this Rental Agreement.
8. Damages: Occupant shall be responsible to Operator for the costs of repair, clean-up, and replacement for any damages caused as a result of Occupant`s storage in the Leased Space, use of the Leased Space, or use of the common areas of the Facility including damage to other occupant`s property. In the event Operator invoices Occupant for any charges for repairs, clean-up, replacement, or other damages suffered Occupant shall pay the invoice within ten (10) days of invoicing or it shall become Additional Rent due and payable with the next Rent due. The failure to pay such invoice represents a default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this Agreement.
9. Insurance and Security Type Systems: Occupant agrees, at its sole expense, to maintain insurance on all Property stored in the Leased Space with actual cash value coverage against all perils, without exception. Occupant`s failure to maintain such insurance shall mean that Occupant shall assume all risk of loss or damage that would have been covered by such insurance. At some of the locations Operator employs certain measures to protect Operator`s property referred to as “Security Type Systems.” The operation or failure of any type of Security Type System installed by Operator shall not change Operator`s aforementioned liability for any type of loss incurred by Occupant and shall in no way release Occupant from his/her obligation of insuring his/her stored property. These systems include an electric gates (which at some locations are left open during office hours), and video cameras, however, Occupant acknowledges that if these devices are present at the Facility containing the Leased Space, that these measures are for the protection of the Facility as a whole and not the individual Leased Space, that video cameras and any alarms are not monitored, and that these systems may not operate properly in the event of a mechanical, electrical failure or software failure. Further, video cameras may not be recorded or may not be recorded at all times. Information about Storage contents insurance is available in Operator`s office.
10. Hazardous Substances: Occupant shall not use or allow the Leased Space to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Operator. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:
i. Any substance defined as a “hazardous substance” under CERCLA
ii. Petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas, and
iii. Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation.
11. Access: Occupant`s access to the Leased Space and the Facility may be limited as reasonably deemed necessary by Operator, including, but not limited to, requiring identification from Occupant, limiting hours of operation, or requiring Occupant to sign-in and sign-out upon entering and leaving the Facility. Operator may change the times and methods of access to the Facility with thirty (30) days written notice posted at Operator`s office at the Facility or mailed to Occupant. In the event of an emergency at or around the Facility, Operator may require Occupant enter only when escorted by Operator`s employees or agents. Operator shall not be liable to Occupant for Occupant`s or his/her invitee`s inability to gain access due to mechanical failure, misuse of gate/door code(s), or any other reason.
12. Mold: Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant`s stored property, even in a temperature controlled Leased Space (available at selected locations only). Operator does not warrant the Leased Space to be water-tight or dry. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant`s property. To help avoid mold, Operator recommends storing property off the concrete floor, such as on pallets or shelves (do not attach to the Leased Space), wrapping certain property in plastic and keeping goods susceptible to mold from touching the walls of the Leased Space. Occupant understands that any stored property brought into the Leased Space that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Leased Space even if Operator controls humidity in the Leased Space. Operator recommends periodically inspecting the Leased Space and the property and taking any and all actions necessary to protect Occupant`s property.
13. Locked Leased Space Storage Occupant`s Risk Abandonment: Occupant is required to keep the Leased Space locked using one lock per door. Operator has provided Occupant a lock as a portion of the Security Deposit. Operator expresses a preference for Occupant using the lock provided by Operator and Operator has not retained a key to said lock. Occupant may use any lock of its own choosing. Operator shall not retain a key to Occupant`s lock, even if Occupant uses the lock provided by Operator. If a lock is removed for a reason described in the Rental Agreement, including Default by Occupant, then Occupant shall replace the lock with another lock at Occupant`s sole expense. If the Leased Space is found open or if a lock is removed for an inventory or sale, Operator may, but is not required to, lock the Leased Space at Occupant`s expense. All property stored by Occupant within the Leased Space shall be at Occupant`s sole risk. If the Leased Space is not locked, Operator may consider the Leased Space abandoned and dispose of any or all stored property in the Leased Space. Operator may dispose of or sell the stored property abandoned in the Leased Space. Operator is not a warehouseman engaged in the business of storing goods for hire. Operator shall have no obligation to exercise any care, custody or control over Occupant`s stored property. Operator assumes no responsibility for any loss, damage or casualty however caused to such stored property.
14. Release of Liability: Occupant releases Operator, its employees, their agents, successors, and assigns from any and all liability for property damage or loss of property for damage or loss from, as examples, including but not limited to, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent damage or the acts or failure to act or negligence of Operator, its employees, or agents.
Occupant further releases Operator, its employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant`s family or invitees.
Storage insurance is strongly recommended. The only insurance that covers the property stored in the Leased Space is that which is purchased by Occupant.
15. Indemnification Subrogation: Occupant agrees to have its insurer waive any right of subrogation of any claim of Occupant against Operator, its employees, or agents. Occupant agrees to indemnify, defend and hold Operator harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or property, or damages to Personal Property however occurring, or arising out of or related to any breach of this Rental Agreement by Occupant. Occupant understands that this Release of Operator`s liability is a bargained for condition of this Rental Agreement and Operator`s consent to enter into this Rental Agreement, and that if Operator were not released from the liability as set forth in Provisions 14 and 15, a much higher Rent would have to be agreed upon or Operator would not enter into this Rental Agreement. Occupant shall also pay Operator for all of Operator`s attorney fees incurred in enforcing any obligation under this Provision.
16. Operator May Enter: Operator, its employees or agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Occupant`s lock and enter the Leased Space, without notice to Occupant, to take such action as may be necessary to preserve Operator`s property in the event of an Emergency, or to comply with any applicable law, governmental or court order, warrant, or subpoena or to enforce any of Operator`s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person or of the Facility or any of the buildings or the land appurtenant to the buildings or any other property or chattels stored at the Facility. Operator shall further have the right, on a non-emergency basis, to remove Occupant`s lock and enter the Leased Space with reasonable notice to Occupant to make any repairs, replacements, other desirable improvements or conduct any inspections of Operator`s property (the “Work”). Operator will endeavor to give a minimum of three days notice to Occupant of the Work and, if Occupant is available, will schedule an appointment with Occupant to remove Occupant`s lock to allow the Work. If Occupant is unavailable or unable to provide Operator access, Operator may cut or remove and replace the lock after the Work has been completed with a lock of similar or better quality. Occupant may obtain keys to the replacement lock from Operator`s office during Office Hours.
17. Responsibility to Inspect Leased Space: Occupant shall immediately notify Operator should Occupant become aware of any noxious odors, liquids, sounds, or other conditions, including without limitation, the presence of any mold or similar condition in Occupant`s Leased Space or emanating or spreading from or through any other leased space. Upon receipt of such notification, or should Operator become aware of such conditions, Operator may, notwithstanding anything to the contrary to this Agreement, enter Occupant`s Leased Space without notice to make any such necessary inspection, repair, or alteration. Should any such conditions have resulted from Occupant`s use of the Leased Space or from a breach by Occupant of the terms of this Agreement, all costs and expenses incurred by Operator in addressing such conditions shall be paid by Occupant on demand or shall become Additional Rent.
18. Operator`s Lien: Pursuant to the Kansas Self-Service Storage Act, §58.813 et seq., Operator has a lien on all Personal Property stored within the Leased Space for rent, labor, or other charges, in relation to the Personal Property and for the expenses necessary in the preservation of the Personal Property and for expenses reasonably incurred in the sale of such Personal Property.
19. Defaults Operator Remedies: If Occupant breaches any term or condition of this Rental Agreement (a “Default”), Operator in addition to such other rights it may have under this Rental Agreement and Law shall have the right to terminate this Rental Agreement. If Occupant fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Operator for cause, Operator may: (i) deactivate gate access, if gate access exists at the Facility, twelve (12) days after Default (ii) overlock the Leased Space (iii) remove Occupant`s lock and access the Leased Space (iv) inventory and/or take possession of the property located in the Leased Space (v) sell or dispose of the Stored Property in the Leased Space as permitted by law or (vi) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Occupant. In the event Occupant`s check is returned for any reason or any card charge is not accepted or is disputed notwithstanding anything stated to the contrary in this Rental Agreement, Operator shall overlock the Leased Space immediately upon notification of the returned check or failed charge. Any sums due Operator which are not satisfied by a sale or disposal of the Stored Property shall remain Occupant`s responsibility to pay to Operator.
All remedies available to Operator shall be cumulative and the exercise of one or more remedies shall not exclude or waive Operator`s rights as to any other remedy.
20. Notices: Except as otherwise required by law, all notices under this Rental Agreement from Operator to Occupant shall be mailed by first class U.S. mail, postage pre-paid, to Occupant`s last known address and shall be conclusively presumed to have been received by Occupant three (3) business days after mailing. All notices from Occupant to Operator shall be mailed by first class U.S. mail, postage pre-paid, to Operator, at the central office address listed on the first page of this Rental Agreement. Occupant is responsible for notifying Operator in writing, via certified mail return receipt requested, or in person at the central office address listed on this Rental Agreement on a form prescribed by Operator of any change in Occupant`s address or of intent to vacate at the end of the term. On all returned mail to Operator due to an unreported address change there will be a One Dollar ($1.00) administrative charge to the account.
21. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted.
22. Assignment and Subletting: Occupant may not assign its rights under this Rental Agreement or sublet the Leased Space without the prior written consent of Operator. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto.
23. Governing Law Jury Trial Severability: This Rental Agreement shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. Operator and Occupant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or property damage. Operator and Occupant further agree that the federal or state courts in Saline County, Kansas, in which the Facility is located shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable.
24. Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Occupant and Operator. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the Owner of Operator.
25. Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others.
26. Agreement to Mediate: Realizing that in Storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve any disputes amicably, quickly, inexpensively and professionally and to return to business as soon as possible, it is with that spirit of cooperation that Operator and Occupant pledge to resolve differences and to use the procedures specified in this Rental Agreement. Therefore, Operator and Occupant agree as follows: with the exception of non-payment of Occupant`s Rent and Operator`s right to conduct a lien sale, declare an abandonment, or evict as a result of Default under this Rental Agreement, or apply the security deposit if any litigation, claim, dispute, suit, action, controversy, proceeding or otherwise (“claim“) between or involving Operator and Occupant, whether arising out of or relating in any way to this Rental Agreement and/or any other document, any alleged breach of any duty or otherwise will be submitted to non-binding mediation for a minimum of eight hours before any mediation organization approved by Operator and Occupant. In the mediation, Operator and Occupant shall each be represented by an individual authorized to make binding commitments on our respective behalves and may be represented by counsel. In addition, Operator and Occupant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Operator and Occupant. The mediator shall be disqualified as a witness, consultant, expert or counsel for any party with respect to the dispute and any related matters.
27. Operator’s Employees: In the event Occupant requests any of Operator`s employees to perform any services for Occupant, it shall be done at Occupant`s own risk as Occupant`s agent, regardless of whether payment is made for said service(s). Occupant agrees to release, hold harmless and indemnify Operator for any loss, charge or injury Occupant may suffer related to the use of Operator`s employees.
28. Warranty of Information: Occupant warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement.
29. Occupant’s Acceptance of Leased Space “AS IS”: Occupant inspected or had the right to inspect the Leased Space and Facility before signing this Rental Agreement and finds the Leased Space to be suitable for the purpose for which Occupant rents such Leased Space and accepts the same “as is.” Operator makes no express warranties. Operator disclaims and Occupant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Occupant acknowledges that Operator`s Agents have no authority to make warranties, express or implied.
30. Pest Control: Occupant is advised that Operator may use chemicals at the Facility including around the Leased Space, for pest control. For this reason, no pets are allowed.
31. Permission to Call, Fax and/or E-Mail: Occupant recognizes Operator and Occupant are entering into a business relationship at the Facility. As such, to the extent any Federal or State law prohibits Operator from contacting Occupant by phone, fax, or e-mail, Occupant hereby consents to Operator phoning, faxing, and e-mailing Occupant and that these conditions are related to the business relationship.
32. Electricity: Use of electricity is strictly reserved to Operator at all times, without the express written consent of Operator and in such case will be used for general lighting purposes only.
33. No Waiver or Agreement Terms: The failure of Operator on previous occasions to take action for non-compliance with this Agreement or the Rules and Regulations will not prevent Operator from taking action for subsequent non-compliance and is not a waiver of non-compliance.
34. Binding Effect of Agreement: This Agreement will bind and benefit Operator and Occupant and their respective heirs, executors, administrators, successors and assigns. This Agreement will not, however bind Operator named in this Agreement or any subsequent Operator after it transfers its interest in the Facility.
35. Rules and Regulation: The Rules and Regulation of this Facility are incorporated herein and made a part of this Monthly Rental Agreement as if fully re-written herein. The Rules and Regulations can be changed with thirty (30) days notice as described in the Rules and Regulations, without regard for the term of this Agreement, so long as the revised Rules and Regulations apply to all occupants and are made for the appropriate and efficient operation of the Facility.
By accepting these terms, the user declares that he/she has read and understands this Rental Agreement in its entirety and agree(s) to be bound by its terms and conditions.