1. Rental; Term. Owner hereby leases to Tenant the Container, for a month to month tenancy, beginning on the Commencement Date. Either party may terminate the tenancy upon at least 7 days notice prior to the end of the then current monthly term. Rent is due and payable on or before the Due Date each month, in advance, without invoice or other notice to Tenant. Prepaid rent is not refundable for any reason. The first month's Rent is due on or before the Commencement Date. A $15.00 late fee will be assessed for all late payments. If Rent remains unpaid 10 days after the Due Date, an additional charge of $1.00 per day shall be due as additional rent until the overdue Rent and all other charges are paid in full.
2. Container Placement; Storage. If Tenant elects. Owner will store the Container at the Facility. Tenant shall have access to an Owner-stored Container during the Facility's normal business hours. Tenant warrants that Tenant has an ownership interest in the real property where the Container is to be delivered and, if so elected by Tenant, stored by Tenant, and/or that Tenant is an authorized agent of the owners of such real property and has the right and authority to place and/or store the Container on such real property. Tenant shall be solely responsible for designating the location of the Container and complying with applicable laws, rules, regulations, deed restrictions and the like applicable thereto. Tenant assumes full risk for all damage resulting from or arising out of the placement of the Container and shall indemnify Owner against all such damages. Tenant shall not modify, move or transport the Container or permit any person other than Owner to do so.
3. Security; Warranty. Tenant shall provide, at Tenant's expense, a lock for the Container which Tenant, in its sole discretion, deems sufficient to secure the Container. Tenant shall not supply Owner with a key and/or combination to Tenant's lock. All Containers must be locked prior to Owner moving them. Owner disclaims any express or implied warranties, including the warranties of merchantability and fitness for a particular purpose. Owner does not guaranty the safety or security of the Container or the Facility or the property contained therein. Owner makes no guaranty regarding the time of pick-up or delivery of any Container. Tenant's personal property is stored at Tenant's sole risk, and Tenant is solely responsible for insuring Tenant's personal property against loss or damage at actual full value.
4. Liability. Tenant assumes all risk of loss to Tenant's property, however arising, including, but not limited to, theft, rodent or vermin damage, acts of God, vandalism, mold or mildew. Tenant waives any claim against Owner and its agents for, and agrees to indemnify Owner and its agents against, any and all claims, damages, losses and costs (including reasonable attorney's fees) of every kind or nature, including personal injury to or death of any person and for damage to or loss of property ("Claim"), directly or indirectly arising out of or attributed to (i) Owner's or its agents' active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by Owner's fraud, gross negligence or willful misconduct, and (ii) Tenant's and third parties' acts and omissions, Tenant's breach of this Agreement, and Owner's enforcement of its rights under this Agreement. Tenant agrees that the maximum liability of Owner to Tenant under this Agreement for any reason is $5,000. Owner is not a warehouseman, nor does this Agreement create a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping. This is a rental agreement for a portable storage container.
5. Remedies for Breach. If Tenant breaches this Agreement, Owner may, in addition to any other remedies available at law, exercise one or more of the following rights, which shall be cumulative: (i) enter Tenant's premises and take immediate possession of the Container and its contents; (ii) immediately terminate this Agreement by giving notice to Tenant, in which event Tenant shall immediately surrender the Container; (iii) deny Tenant access to the Container if located at a Facility. In addition to any other remedies provided by applicable law to secure and collect rent. Tenant hereby grants to owner a contractual lessor's lien upon all property, now or at any time hereafter stored in the Container or at the Facility, to secure the payment of all rent or other charges payable under this Agreement. The following events, among others, constitute a breach: (x) Tenant fails to pay rent within 10 days of its due date; (y) Tenant fails to comply with any term, provision or covenant of this Agreement, other than the payment of rent, or of the Rules and Regulations, as and when required; or (z) Tenant abandons the Container.
6. Information; Entry. Tenant authorizes Owner to release any information regarding Tenant as may be required by law or requested by governmental and law enforcement authorities or agencies or courts ("Government"), Tenant authorizes Owner and the Government to remove Tenant's locks and access the Container, its contents and the premises where the Container is located in accordance with law or as necessary for Owner to exercise its rights upon Tenant default or to preserve or repair the Container.
7. Termination. Upon termination, Tenant shall remove all personal property from the Container and return it to Owner in as good a condition as received, excepting only reasonable wear and tear. Tenant shall be responsible for any damage or excessive wear and tear to the Container. Tenant agrees that any personal property remaining in the Container after termination of this Agreement shall be deemed abandoned by Tenant, and Owner is authorized to remove such property and dispose of it in any manner Owner deems desirable without liability to Tenant.
8. Rules and Regulations. Tenant agrees to comply with the Rules and Regulations, attached hereto and incorporated herein by reference, which include, among other things, a prohibition against (i) conducting business from the Container; (ii) using the Container for human or animal habitation; and (iii) storing firearms, alcohol, hazardous materials or unlawful substances in the Container.
9. Miscellaneous. This Agreement may not be assigned by Tenant without Owner's prior written approval and contains the entire agreement of the parties. This Agreement will be governed by the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. All actions or proceedings relating to this Agreement shall be brought only in a court located in or serving the Commonwealth of Pennsylvania, County of Lancaster, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Owner may modify the terms of this Agreement at any time, including an increase in the monthly rent, effective at least 30 days from the date of written notice to Tenant thereof. Tenant and Owner agree to waive any right they may have to a jury trial for all claims relating to this Agreement Tenant shall notify Owner of all claims within 60 days following the event giving rise to the claim. Failure to do so will result in a waiver of such claim. Tenant shall notify Owner of any change in address or telephone number within 10 days of such change.