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H2H Storage, LLC

PO Box 13

Crabtree, PA 15624 |

h2hstoragepa@gmail.com

SELF STORAGE RENTAL AGREEMENT

Tenant’s Unit Size:

8x20

Tenant's Assigned Self-Storage Unit

A3

Tenant’s Pricing Plan Option

Month-to-Month Plan | $75 Billed Monthly

Electronic Mail Notice Authorization: Pennsylvania law, 73 P.S. § 1906 authorizes communication by electronic mail as a means of providing notification of default to Occupant and any action taken in regard to Occupant's Personal Property. I authorize H2H Storage, LLC to notify me of any default by me by electronic mail sent to the electronic mail address that I have provided above, or to any change in my e-mail address that I may subsequently provide to H2H Storage, LLC in writing. I agree to promptly notify H2H Storage, LLC of any change in my electronic mail address in writing, signed by me. Occupant authorization of electronic notification of default initials.

This Self-Service Storage Rental Agreement (Rental Agreement) is made and entered into in duplicate begins on date of electronic payment between H2H Storage, LLC (Owner) and Tenant (Occupant) for the purpose of renting an enclosed space at Owner's Self-Service Storage Facility located at 406 Keystone Street, Seward, PA 15954 (Facility) in accordance with the terms, conditions and covenants set forth herein.


LIEN NOTICE: THIS FACILITY IS OPERATED IN ACCORDANCE WITH THE PENNSYLVANIA SELF-SERVICE STORAGE FACILITY ACT (73 P.S. §1901 ET SEQ.). IF YOU DO NOT PAY YOUR RENT FOR THIRTY DAYS YOU MAY LOSE YOUR PROPERTY. THE OWNER HAS THE RIGHT TO SELL YOUR PROPERTY STORED AT THIS FACILITY TO COLLECT THE UNPAID RENT.


ANY OWNER SHALL NOT BE LIABLE TO AN OCCUPANT OR THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE OCCUPANT THAT THE PROPERTY PLACED IN THE LEASED SPACE WAS NOT THAT OF THE OCCUPANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE LEASED SPACE WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE OCCUPANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE AND IDENTITY OF ANY SUCH PROPERTY PLACED IN THE LEASED SPACE.

INSURANCE OBLIGATIONS OF OCCUPANT: THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, PEST, VERMIN, WATER OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT'S SOLE RESPONSIBILITY TO OBTAIN SUCH INSURANCE. 

The Occupant, at the Occupant's expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature for the actual cash value of the stored property. Insurance on the Occupant 's property is a material condition of this Rental Agreement. To the extent Occupant does not maintain insurance for the full value of the personal property stored, or fails to maintain insurance at all, Occupant bears all risk of loss or damage. Occupant shall make no claim whatsoever against the Owner s insurance in the event of any loss. The Occupant agrees not to subrogate against the Owner or the Owner's representatives in the event of loss or damage of any kind or from any cause. IN LIEU OF MEETING THE INSURANCE REQUIREMENT SET FORTH ABOVE, OCCUPANT CAN PARTICIPATE IN THE OWNER'S PROTECTION PLAN.

OPTION ONE:

I understand that it is a requirement of H2H Storage, LLC that I maintain insurance covering my goods for as long as they are in storage at the Facility. I have elected to meet this requirement in the following manner: Purchase Protection Coverage in the amount of $ 8,000.00.

OPTION TWO:

I have contacted my insurance agent, and I have confirmed that I have insurance coverage for my property while in storage at this Facility through either my homeowner's policy or renter's policy and am aware of my policy`s deductible. Occupant is required to provide evidence of the required insurance coverage in the form of a certificate of insurance or declaration, and I have attached a copy of my certificate of insurance or declarations page as proof of insurance coverage. H2H Storage LLC makes no representations concerning whether a homeowner's or renter's policy covers goods while in storage. I agree that for the duration that my property is in storage at this Facility, I will maintain my homeowner's or renter's policy in full force and effect. Furthermore, if at any time my homeowner's or renter's policy is terminated or modified so that my property does not have insurance coverage, I, therefore, agree to notify the Facility and hold harmless for, and release them from, any loss or damage that occurs to my goods while in storage.

Occupant further acknowledges and agrees that if Occupant does not carry the required insurance coverage or does not provide Owner with a copy of Occupant's certificate of insurance or declarations page, then Owner may enroll Occupant in the protection plan made available at Owner's facility (Owner's Protection Plan), with a minimum amount of coverage. Occupant's protection plan payment shall be paid with rent on the monthly anniversary rental due date, in advance and without demand and sent to Owner at the same time and in the same manner as the Rent obligation described herein. Notwithstanding the language set forth in this provision, Owner's Protection Plan shall not apply to motor vehicles, boats, personal watercraft, and trailers and any property stored by Occupant in open lots or non-fully enclosed, secured garages or storage units. Occupant acknowledges this provision by initialing here:

1. RENT:  Occupant hereby agrees to pay the Owner, without any prior demand therefore, the rent as stated above, commencing on the Rental Date and continuing on the first (1st) day of each subsequent calendar month of the term of this Rental Agreement (Due Date), without notice, deduction, set-off or demand as set forth herein. If Occupant executes this Rental Agreement between the 1st and 24th day of the month, Occupant shall pay the applicable prorated amount of rent for the first month upon execution of this Rental Agreement. If Occupant executes this Rental Agreement on the 25th day of the month or after, the applicable prorated portion of the remaining month's rent plus the following month's rent will be due from Occupant upon the execution of this Rental Agreement. All Rental Agreements are subject to a one (1) month minimum rental period. Rent shall be delinquent if not paid on the monthly Due Date. Prior to taking possession of the Leased Space and as a condition to taking possession, Occupant shall pay the rent for the first month. All payments of rent are due regardless of whether an invoice is received by Occupant. Rent is payable online at www.h2hstorage.com (or to such other place as Owner shall designate in writing). Rent cannot be paid by mailing cash unless authorized by Owner. The monthly rental rate may be changed at any time by the Owner giving thirty (30) days' written notice to Occupant at the address set forth in this rental agreement or by electronic communications via email. Any such adjustment in the monthly rent shall not otherwise affect the terms of this Rental Agreement and all other terms of this Rental Agreement shall remain in full force and effect. THE OWNER RESERVES THE RIGHT TO REFUSE PAYMENT BY CHECK. Owner may change the permitted mode of payment at any time, upon notice, to the Occupant. If cash is accepted by Owner, it is Occupant's responsibility to obtain and keep a receipt from management for each cash payment. Occupant's obligations are not contingent on receiving invoices. Any invoices from Owner are sent as a courtesy only. The Occupant agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant's property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant's account prior to the published auction date will stop a scheduled sale of the property. Owner is not required to accept partial payment(s) from the Occupant.


2. TERM:  The term of this Rental Agreement shall commence on the date set forth above and shall then renew on a month-to-month basis until terminated.


3. DEFAULT:  The Owner acknowledges receipt of the sum set forth above as the amount tendered this day through the Paid To date. When rent is five (5) calendar days past due, or if any check given in payment is dishonored, Occupant is considered to be in default. The Occupant 's failure to perform any of its obligations under the terms and conditions of this Rental Agreement or the Occupant 's breach of the peace shall also constitute a default hereunder. Occupant's failure to follow or abide by the Owner's Rules and Regulations, as they now exist or may hereafter be amended, shall also constitute a default hereunder.

 

4. FEES: Any rent not paid in full within five (5) days of the Due Date, or rent checks or payments that are dishonored, shall be assessed a late fee. For units with rental rates of $100.00 or less, the late fee shall be $20.00. For units with rental rates of $100.00 and above, the late fee shall be equal to 20% of the monthly rental rate. Late charges will continue every subsequent 30 days the rent continues to be past due. Additional fees are set forth in the following Fee Schedule:

FEE                                         AMOUNT                             DAYS PAST DUE 

Administrative Fee                 $20.00

Security Deposit                     $0.00

Invoice Fee                             $3.00 per invoice if not e-mailed 

NSF (Bad Check) Fee             $40.00 

Late Fee                                 $20.00 or 20% of rent              5 Days

Lien Fee                                 $51.00                                     60 Days

Trash/Dump Fee                    $150.00

Lock Removal Fee                 $20.00 

5. DENIAL OF ACCESSIf rent is not paid within thirty (30) days of the Due Date, Owner may, without notice, deny Occupant access to the personal property located in the Leased Space and at the Facility to the extent permitted by law. Occupant acknowledges, understands and agrees that denial of access involves the over-locking of the Occupant 's Leased Space. (Occupant waives any and all access rights even those afforded under Pennsylvania law). However, Owner reserves the right to restrict vehicle access to the Facility if rent is not paid. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on the Leased Space or has failed to provide the Owner with written authorization from the Occupant to enter the Leased Space. Otherwise, only a court order will be sufficient to permit access by others. Occupant's access to the Facility may also be conditioned upon compliance with this Rental Agreement and in any manner deemed reasonably necessary by the Owner to maintain order on the Leased Space. Such measures may include, but are not limited to, restricting hours of operation, limiting access to the Facility and Leased Space, requiring verification of Occupant's identity and inspecting vehicles that enter the Facility. Additionally, if Occupant is renting more than one space at any given time, default on one Leased Space shall constitute default on all Leased Spaces, entitling Owner to deny access to Occupant to all Leased Spaces. Owner may apply a security chain or wheel boot to Occupant s property (if the Leased Space is not lockable). If Occupant has multiple locks on the Leased Space at time of over-locking, Owner may remove any lock(s) necessary for over-locking without liability for replacement. If Occupant has a wheel boot attached to the property at the time of Owner's chaining and/or wheel booting, Owner may remove Occupant's wheel boot without liability for replacement. Owner's over-lock, chain, or wheel boot will not be removed until all sums due are paid in full.

6. OWNER NOT WAREHOUSEMAN OR BAILEE:    All care, custody and control of the self-stored property in the Leased Space remains solely with Occupant. Owner is not a bailor or warehouseman in the business of storing goods for hire. No bailment is created by this Rental Agreement, or by Occupant's use of the Leased Space. Owner will not exercise care, custody, control, possession, or dominion over the property in the Leased Space and does not agree to provide protection for the Facility, the Leased Space, or its contents.

 7. OWNER'S LIEN:   PURSUANT TO THE PENNSYLVANIA SELF-SERVICE STORAGE FACILITY ACT, 73 P.S. §1901 et seq., UPON DEFAULT BY THE OCCUPANT, THE OWNER HAS A LIEN, THAT IS A CLAIM OR SECURITY INTEREST ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S LEASED SPACE 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 PENNSYLVANIA LAW AND THIS RENTAL AGREEMENT. PERSONAL PROPERTY STORED IN THE OCCUPANT 'S LEASED SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF RENT IS NOT PAID. OWNER HAS THE RIGHT TO CONDUCT AUCTION SALES EITHER IN STORE OR ONLINE AND YOU AGREE TO ANY SUCH TYPE OF SALE. THIS LIEN COVERS ANY PERSONAL PROPERTY WHICH YOU STORE IN THE SPACE, EVEN IF IT IS OWNED BY SOMEONE ELSE. IN NO EVENT, SHALL THE OWNER'S LIABILITY EXCEED THE PROCEEDS OF THE SALE. OWNER SHALL NOT BE LIABLE TO OCCUPANT OR A THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE OCCUPANT THAT THE PROPERTY PLACED IN THE LEASED SPACE WAS NOT THAT OF THE OCCUPANT. IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE, BOAT OR PERSONAL WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR SIXTY (60) DAYS, THE OWNER MAY HAVE THE VEHICLE TOWED OR MAY SELL SUCH PROPERTY VIA PUBLIC AUCTION. OWNER SHALL NOT BE LIABLE FOR SUCH PROPERTY OR ANY DAMAGES TO SUCH PROPERTY ONCE THE TOWING SERVICE TAKES POSSESSION OF THE PROPERTY. Owner reserves the right to utilize on-line auction services to manage the sale of Occupant's property as a result of Occupant's default and the foreclosure of Owner's lien. Occupant consents to the use of on-line auction services.

8. ONLY OCCUPANT IS ALLOWED TO STORE PERSONAL PROPERTY IN THE LEASED SPACE: Occupant is not permitted to sublet, assign or otherwise allow any other person or entity to store Personal Property in the Leased Space without the written consent of Owner. If Occupant permits a third party to store Personal Property in the Leased Space without Owner's written consent, then that shall be a breach of, and default under, this Rental Agreement.

9. LIMITATION OF OWNER'S LIABILITY AND VALUATION OF PERSONAL PROPERTY IN LEASED SPACE:   Occupant agrees not to store property with a total value in excess of $5,000.00 without prior written consent of Owner, which consent may unreasonably be withheld in Owner 's sole discretion and if such consent is not obtained, the total value of Occupant's property shall be deemed not to exceed $5,000.00. The provisions of this paragraph do not alter the releases of Owner 's liability set forth herein, nor constitute any admission that Occupant's stored property has any value whatsoever. Occupant shall not store any motor vehicle in the Leased Space without the prior written consent of Owner. If the Occupant seeks the Owner's written consent to store personal property valued in excess of $5,000.00, as a condition of such consent, the Occupant agrees to obtain insurance coverage for the full value of the stored personal property, naming the Owner as an additional insured. Failure to carry the required insurance is a breach of this Rental Agreement and the Occupant assumes all risk of loss to stored personal property that would be covered by such insurance. 

10. RELEASE OF OWNER'S LIABILITY:   AS A FURTHER CONSIDERATION FOR THE USE AND OCCUPANCY OF THE LEASED SPACE, OCCUPANT AGREES THAT OWNER, ITS AGENTS, EMPLOYEES, AND ASSIGNS SHALL NOT BE LIABLE TO OCCUPANT, HIS/HER AGENTS, GUESTS, LICENSEES, OR INVITEES FOR ANY LOSS OR DAMAGE, INJURY, OR DEATH CAUSED TO THEM OR TO THEIR PROPERTY AS THE RESULT OF THE USE AND OCCUPANCY OF THE LEASED SPACE OR FACILITY. IT IS FURTHER AGREED THAT ANY STORED PROPERTY IS PLACED IN THE LEASED SPACE AT OCCUPANT'S SOLE RISK. THE OWNER, OWNER'S AGENTS, EMPLOYEES, AND ASSIGNS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE TO SAID PROPERTY FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WATER OR FLOOD DAMAGE, FIRE, MOLD, MILDEW, THEFT, MYSTERIOUS DISAPPEARANCE, RODENTS, INSECTS, ACTS OF GOD, THE ACTIVE OR PASSIVE ACTS OR OMISSIONS OR NEGLIGENCE OF THE OWNER, OWNER'S AGENTS OR EMPLOYEES. It is agreed by the Occupant that this provision is a bargained for condition of this Rental Agreement that was used in determining the amount of Monthly Rent to be charged and without which the Owner would not have entered into this Rental Agreement.

11. USE OF LEASED SPACE AND COMPLIANCE WITH THE LAW: Occupant agrees to use the Leased Space only for the storage of property wholly owned by Occupant. Property is stored under the supervision and control of the Occupant. Owner exercises neither care, custody, nor control over the Occupant's stored property. Occupant specifically agrees that, with the exception of property prohibited by this Rental Agreement, Owner is not concerned with the kind, quality, or value of the goods stored. The Occupant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Occupant. The Occupant hereby waives any claim for sentimental value for the Occupant's emotional attachment to any property that is stored in the Leased Space or at the Facility. Occupant is strictly prohibited from storing or using materials in the Leased Space which are classified as hazardous or toxic under any local, state, or federal law or regulation and from engaging in any activity at the Facility which produces such materials. Occupant 's obligations of indemnity as set forth herein specifically include any costs, expenses, fines or penalties imposed against the Owner arising out of storage or use of any hazardous or toxic material by Occupant, Occupant 's agents, employees, invitees or guests. Occupant may not use the Leased Space for human or animal occupancy, cooking, sleeping, drinking of alcoholic beverages or for the consuming or manufacturing of drugs. The storage of animals, food and perishable goods, paint, varnish, thinner, gasoline, flammable materials, explosives, human or other waste, offensive or noxious materials, or similar items is strictly prohibited. Occupant shall not conduct any activity in or around nor store any property in the Leased Space which would be in violation of any ordinance, statute, or regulation of any governmental agency having jurisdiction or permit such actions to occur, and Occupant shall comply with all Federal, State, and Local laws governing Owner's Facility including, but not limited to, those of the Departments of Health, Police, and Fire. Occupant may not use the Leased Space for the servicing or repair of any motor vehicles, boats or other equipment, or the storing of tires. Occupant is prohibited from idling vehicle(s) while at the Facility or in the Leased Space. All fuel-driven equipment must be stored with the fuel tanks empty. Trash or other materials shall not be allowed in or near the Leased Space. Occupant shall not make use of any electricity in the Leased Space for refrigeration, heating or any other purpose whatsoever other than the single lighting fixture that may or may not be provided in the Leased Space, which shall be used only for the purpose of lighting the Leased Space when Occupant enters the Leased Space, and Occupant shall turn off the light when leaving the Leased Space. Occupant is strictly prohibited from storing or using in the Leased Space or on the Leased Space at all times any explosives or other related materials, which shall include, but not be limited to, chemical containers, excessive amounts of cell phones, timers or similar electronic devices, excessive quantities of fuel or agricultural/industrial chemicals, commercial agricultural sprayers, blasting caps, explosives, fuses, hydrogen peroxide, TATP, HMTD, metal or plastic drums, gas burners or mixers, refrigerators or coolers used to store volatile chemicals or finished products and any chemicals producing unusual fumes, liquids, residues or odors.

12. INSURANCE/PROTECTION PLAN:   OCCUPANT ACKNOWLEDGES THAT OWNER DOES NOT PROVIDE ANY INSURANCE ON THE CONTENTS OF OCCUPANT'S LEASED SPACE. OCCUPANT AGREES TO MAINTAIN, AT OCCUPANT'S EXPENSE, A POLICY OF FIRE AND EXTENDED COVERAGE INSURANCE WITH THEFT, VANDALISM, AND MALICIOUS MISCHIEF ENDORSEMENTS FOR THE FULL VALUE OF OCCUPANT 'S STORED PROPERTY. IN LIEU OF MEETING THE INSURANCE REQUIREMENTS SET FORTH IN THIS RENTAL AGREEMENT, OCCUPANT CAN PARTICIPATE IN THE OWNER'S PROTECTION PLAN.

13. UTILITIES:   Owner will not provide any utilities for the Leased Space. Owner will provide only interior and outside common lighting. Occupant shall not install any utilities, telephone or other communication devices in the Leased Space.

 

14. SIGNS:   Occupant shall not place any painted or other signs on the Leased Space or at the Facility.

 

15. ALTERATIONS/DAMAGE: (a) Occupant assumes responsibility for having examined the Leased Space and Facility and hereby accepts it as being in good order and condition. Occupant understands that all unit sizes are approximate and enters into this Rental Agreement without reliance on the estimated size of the storage space. Occupant agrees to maintain the Leased Space in the same condition throughout the term of this Rental Agreement. Occupant will immediately notify Owner of any defect in the Leased Space. Occupant shall not make, or allow, any alterations to be made to the Leased Space, including but not limited to the attachment of anything to the walls or ceilings. Occupant is responsible for damage, negligence, or misuse caused by or done as a result of any such alterations. Occupant shall pay for the repairs to the Leased Space and/or Facility caused by such alterations. Occupant is also responsible for the repair of damage to the Unit and to any areas of the Facility that may be caused by Occupant, Occupant's invitees, trucking, freight, or moving companies, or any person or vehicle at the Facility at the request or on behalf of Occupant. (b) Occupant may place shelving in the Leased Space, if the shelving is free standing and not attached to the partition or floor of the Leased Space. If the Owner offers shelving to Occupant for this purpose, Occupant understands that any shelving provided by Owner is the property of Owner and must remain in the Leased Space when Occupant vacates. 

16. LOCK/LOCK REMOVAL:   Occupant shall provide, at his expense, one lock for each door to secure his Personal Property stored in the Leased Space. If more than one lock is placed on a door to the Leased Space, Owner has the right to remove the additional locks at Occupant's expense. Occupant must keep the Leased Space locked at all times when Occupant is not present at Owner's Facility. Occupant has twenty-four (24) hours after entering into this Rental Agreement to place a lock on the Leased Space. After a twenty-four (24) hour period Owner will place a lock on the Leased Space at Occupant's expense. If the Leased Space is found without a lock, Owner has the right to place a new lock on the Leased Space to secure the Leased Space without creating a bailment. In the event Owner exercises its right hereunder to lock the Leased Space with Owner 's lock, Occupant shall be assessed an additional charge to be paid as additional rent for each such incident. Occupants are NOT permitted to cut locks on the facility premises. Owner is not responsible for taking any measures whatsoever, nor for notifying the Occupant that access to the Leased Space has become insecure. The fact that Owner has taken measures to re-secure the access to Occupant's Leased Space under this paragraph shall not alter the release of Owner's liability set forth in this Rental Agreement, nor shall such measures be deemed conversion of Occupant's stored property.

 

 17. OWNER'S RIGHT TO ENTER, INSPECT AND REPAIR:   Occupant grants Owner, Owner 's agents or representatives the right to access the Leased Space upon three (3) days ' written notice to Occupant. If conditions are of an emergency nature, Owner may cut Occupant 's lock without prior written notice. Emergency means any sudden, unexpected occurrence or circumstance, which demands immediate action, and requests from or any governmental authority, including, but not limited to, police, fire, health or emergency response officials to enter the Leased Space. In the event Occupant 's lock is destroyed in the course of such inspection, Owner may at his/her sole option take whatever measures are deemed reasonably necessary by Owner to re-secure the access to Occupant's Leased Space, including but not limited to, placing a lock on the Leased Space at Occupant's expense without creating a bailment. Owner shall not be responsible for any loss occasioned by Occupant as a result of entry authorized under this paragraph.

18. MOVE-OUT/TERMINATION:   This Rental Agreement shall continue from month to month unless the Occupant or Owner delivers to the other party written notice of its intention to terminate the Rental Agreement at least five (5) days prior to the end of the then current rental period. Owner may immediately terminate this Rental Agreement if the Occupant is in breach of the Rental Agreement. Upon termination of this Rental Agreement, the Occupant shall remove all personal property from the Leased Space (unless such property is subject to the Owner's lien rights as referenced herein), and shall deliver possession of the Leased Space to the Owner on the day of termination. Rent is payable by Occupant to Owner for the entire thirty (30) day period prior to termination whether or not Occupant vacates the Leased Space prior to the end of the period. If Occupant holds-over after the last day of the monthly term, Occupant is subject to full month's rent at the discretion of the Owner. If the Occupant fails to fully remove its property from the Leased Space by the day of termination, the Owner, at its option, may without further notice or demand, either directly or through legal process, re-enter the Occupant's Leased Space and remove all property without being deemed guilty in any manner of trespassing or conversion. Occupant's Leased Space must be left broom-clean and in the same condition the Leased Space was given to Occupant at the time of the signing of this Rental Agreement, normal wear and tear excepted. Owner has the right to remove and dispose of all remaining contents after move-out. Occupant agrees to pay removal charges per Paragraph 4 to clear these remaining contents from the Leased Space. Under all circumstances, when moving out, Occupant must sign the move-out release and notify the office when he has moved out of Leased Space.

19. NOTICES/CHANGE OF ADDRESS:   All notices required under this Rental Agreement shall be sent by first class mail postage prepaid to Occupant's last known address or to the electronic mail address provided by the Occupant in this Rental Agreement. All notices will be considered given when deposited in the United States mail. All statutory notices shall be sent as required by law. If Occupant has provided the Owner with an electronic address (e-mail), the Owner may communicate with Occupant and provide Occupant with any written notices authorized or required under this Rental Agreement or by applicable law via e-mail. The Occupant agrees to give prompt written notice to the Owner, at the address of the Facility, of any change in the Occupant's address (including e-mail address) or any change in the status of any liens or secured interests on the Occupant's property in the Leased Space. The Occupant understands that he must personally deliver such notice to Owner, mail such notice by certified mail, return receipt requested, with postage prepaid to the Owner, at the address of the Property, or send the notice via e-mail from the Occupant's e-mail address in this Rental Agreement or subsequent written change in Occupant's e-mail address. Occupant may make changes via e-mail only if e-mail is acknowledged by Owner as received. Occupant consents to communication from Owner by cell phone, e-mail and/or text. Further, Occupant understands and agrees that the opening of any e-mail or text sent by the Owner shall constitute the acceptance of the receipt of the e-mail or text. It is Occupant's responsibility to inform Owner of any change of address, e-mail, or telephone number, from that given for Occupant or the Emergency Contact in the heading of this Rental Agreement. Occupant recognizes it is entering into a business relationship with Owner and to the fullest extent permitted by law, expressly consents to Owner contacting Occupant via phone, e-mail, or text messaging for purposes relevant to Occupant's account or services related to Owner's business. Occupant should review Occupant 's phone/text plan with its servicer to see if text message fees or data service rates apply and Occupant agrees to accept such charges if applicable.

20. RULES:   The Occupant agrees to be bound by any Rules and Regulations for the Facility and Leased Space as may be posted by the Owner from time to time. All Rules and Regulations, including those visually displayed on any monitors, shall be deemed to be part of this Rental Agreement.

 

21. ABANDONMENT:   Any Personal Property remaining in the Leased Space after the termination of this Rental Agreement or any Personal Property within the Leased Space when there is no lock on the entrance to the Leased Space, shall be deemed to have been abandoned by Occupant and may either be retained by Owner, without any further claim or interest on the part of Occupant, or sold in the manner provided in the Rental Agreement or as otherwise permitted by applicable law. Any property left outside of the Leased Space for three or more days shall be deemed to have been abandoned by Occupant and may either be retained by Owner, without any further claim or interest on the part of Occupant, or sold in the manner provided in the Rental Agreement or as otherwise permitted by applicable law. If the Personal Property is sold pursuant to any provision of this Rental Agreement, then Owner shall receive and retain the proceeds of such sale, which shall be applied against the expenses of re-entry and sale, the cost of moving and storage, any arrears in Rent and any damages which Owner may be entitled to under this Rental Agreement or at law or in equity. Notwithstanding the foregoing, Personal Property of nominal value may be disposed of by Owner without sale. Occupant hereby waives and releases any claims or actions against Owner for disposal of personal property resulting from Occupant's abandonment. Rent prepaid for any period in which the Occupant moves out early shall not be refunded. There are No Rent Refunds for Partial-Month Occupancies.

 

22. INSPECTION BY OCCUPANT:   Before signing this Rental Agreement, Occupant inspected the Leased Space and common areas of the Facility. Occupant agrees that the Leased Space and the Facility are satisfactory for all purposes and Occupant has occupied the Leased Space and Facility AS IS, and WITH ALL FAULTS.

23. INDEMNIFICATION:   Occupant will indemnify, hold harmless and defend Owner, its subsidiaries, directors, employees, agents, and representatives from and against any and all damages, liability, loss, claims, demands, actions or causes of action (including attorney's fees and all costs whatsoever) that are hereafter made or brought as a result of, or arising out of, this Rental Agreement, Occupant's use of the Leased Space and the Facility, and/or from any activity, work or thing done, permitted or suffered by Occupant in or at the Leased Space or about the Facility. In the event the Leased Space is damaged or destroyed by fire or other casualty, Owner shall have the right to remove the contents of the Leased Space and store it at Occupant's sole cost and expense without liability for any loss or damage whatsoever, and Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with such removal and storage.

 

24. NO WARRANTIES:   Owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Leased Space and the common areas of the Facility. Occupant hereby acknowledges and agrees that the Owner does not represent or guarantee the safety or security of the Leased Space, or the Facility, or of any Personal Property stored therein. The agents and employees of the Owner are not authorized to make warranties about the Leased Space or the Facility. NO PROMISES OR REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN MADE TO OCCUPANT BY OWNER OR OWNER'S AGENTS. ANY STATEMENTS MADE BY OWNER'S EMPLOYEES OR OTHER REPRESENTATIVES ARE NOT WARRANTIES AND SHALL NOT BE RELIED UPON BY OCCUPANT. The entire agreement and understanding of the Occupant and the Owner is contained in this Rental Agreement and NO OTHER WARRANTIES are given beyond those contained in this Rental Agreement. The Occupant and the Owner agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this Rental Agreement and shall not apply to the Leased Space or the Facility. The Owner shall have no responsibility to provide heating, cooling, humidity control, utilities or other protective measures to protect the Occupant's personal property and, to whatever extent such services may be provided, they are NOT GUARANTEED.

25. CLIMATE CONTROL:   Climate Controlled spaces are heated and or cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges in the Leased Space due to changes in the outside temperature and humidity. There is a risk of mold and/or mildew developing on stored property, particularly if damp or wet property is brought into the Leased Space. Owner is not liable for the growth of mold or mildew on stored property. To help avoid mold and mildew, personal property should be stored off the floor by using pallets or shelves, and goods susceptible to mold should be stored away from the walls of the Leased Space. Systems that are used to provide heating and cooling do not have backup power sources. Under certain circumstances, including, but not limited to, mechanical failure of heating and/or cooling systems, material shortages, electrical and/or utility blackouts, brownouts, acts of God, extreme weather conditions, damage to building from other hazards, the temperature of the Leased Space may not be heated or cooled at all.

 

26. SUCCESSION:   All of the provisions of this Rental Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, and successors of the Parties.

 

27. ASSIGNMENT: (a) Owner may assign this Rental Agreement without the prior consent of the Occupant. (b) The Occupant may not assign this Rental Agreement without the prior consent of the Owner.

 

28. SEVERABILITY: If any of the provisions of this Rental Agreement should be held invalid or in violation of law, all other terms and provisions thereof shall nevertheless remain in full force and effect.

 

29. IMPAIRMENT OF THE USE OF PREMISES:   In the event of destruction of the Leased Space or of the building or Facility of which it is a part, or damage thereto by fire or any other casualty, Owner may, at its option, elect to terminate this Rental Agreement as of the date of such event. Occupant shall not be entitled to compensation from Owner on account of any loss, damage, annoyance or inconvenience on account of such destruction or damage or the repair thereof, or resulting from such termination or to consequential damages of any kind.

 

30. LEGAL PROCESS AND RELEASE OF INFORMATION:   Occupant understands that Owner may be required to release information about the Occupant, or provide access to the Leased Space, upon receipt of legal process such as a Subpoena or Search Warrant. Owner has no obligation to determine the validity of that legal process before proceeding to do so. Occupant authorizes Owner to release any information regarding the Occupant as requested by governmental or law enforcement agencies.

31. STORAGE OF MOTOR VEHICLES/BOATS:   Occupant shall not park any vehicle (including, but not limited to autos, trucks, trailers, mobile homes, boats, and campers) at the Facility (or permit any other party to park any vehicle at the Property) except in areas designated by Owner and then only during such periods necessary for the performance of and while Occupant is exercising its rights, duties and obligations hereunder. In the event that any motor vehicle remains stored in the self-storage space after termination of the Rental Agreement or upon Occupant's default for sixty (60) days, then in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing, without liability for the costs of removal, transportation, or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant's expense in these situations, and that Owner shall incur no liability to Occupant for causing the vehicle or boat to be removed pursuant to this paragraph. Occupant shall cover all vehicles stored in indoor parking. Occupant must remove all snow from any vehicle before coming into the Facility and/or the Leased Space. Occupant is solely responsible for any damage to the Facility and/or Leased Space for cleaning fees associated with oil or other fluids leaking from a vehicle.

 

32. THIS IS THE ENTIRE RENTAL AGREEMENT:   This is the entire Rental Agreement between the parties, and no oral agreements shall be of any effect whatsoever. Occupant shall not rely on, nor shall Owner be bound by, any oral promises of Owner or its representatives and employees. Occupant agrees that this Rental Agreement may be modified only in writing, signed by both parties, in order for such modification to have any effect whatsoever. Owner's employees have been forbidden from providing any service on behalf of Owner. Should employees of Owner provide service at Occupant 's request such employee shall be deemed to be the agent of Occupant regardless of whether payment for such service is made or not, and Occupant agrees to hold Owner harmless from all liability in connection with or arising from directly or indirectly such services performed by employee of Owner.

 

33. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL:   This Rental Agreement shall be construed in accordance with the laws of the state of Pennsylvania. Any disputes shall be heard and determined in the Court of Common Pleas of Westmoreland County, Pennsylvania, and both parties agree that forum is the most convenient forum for both parties. Owner and Occupant waive their right to a jury trial of any cause of action, claim, counterclaim, or cross claim in any action brought by either of them, in any matter arising out of, or in any way related to, this Rental Agreement, Occupant's use of the Leased Space, or any claim of bodily injury or property damage, or the enforcement of any law, statute or regulation. Occupant also waives the right to a jury trial on behalf of any person who Occupant may bring on to the Owner's Facility for any reason.

34. AMENDMENT AND CHANGE OF TERMS:   Owner may change any term of this Rental Agreement upon thirty (30) days' written notice to the Occupant. Owner's written notice may consist of a summary of the amendments or changes, or, if the amendments or changes are substantial, may consist of a covering letter and an entirely new Rental Agreement that replaces the existing Rental Agreement. The Occupant may then terminate this Rental Agreement within ten (10) days of the date of that Notice by giving the Owner a written notice of Occupant's termination, and moving out of the Leased Space as provided in paragraph 18. If Occupant continues to occupy the Leased Space after thirty (30) days have passed from the date of the written notice, then Occupant has accepted all of the amended terms set forth in the written notice.

 

35. WAIVER:   No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the other provisions or of any subsequent default/breach by the Occupant.

 

36. ATTORNEYS' FEES:   In the event the Owner retains the services of an attorney to recover any sums due under this Rental Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney's fees incurred in any such action.

 

37. PERSONAL INJURY:   OWNER AND OWNER 'S AGENTS SHALL NOT BE LIABLE TO OCCUPANT FOR INJURY OR DEATH SUFFERED BY ANY PERSON, INCLUDING OCCUPANT'S GUESTS OR INVITEES OCCURRING IN OR ABOUT THE LEASED SPACE OR FACILITY, OR ARISING OUT OF OCCUPANT'S USE OF THE LEASED SPACE OR FACILITY, FROM ANY CAUSE WHATSOEVER, EVEN IF SUCH INJURY OR DEATH IS CAUSED BY THE ACTIVE OR PASSIVE ACTS OR OMISSIONS, OR ACTIVE OR PASSIVE NEGLIGENCE OF OWNER, OR OWNER 'S AGENTS OR EMPLOYEES. THIS RELEASE OF LIABILITY SPECIFICALLY EXTENDS TO ANY LOSSES OR INJURY RESULTING FROM ANY FAILURE IN ANY SECURITY SYSTEMS OR SECURITY PROCEDURES EMPLOYED AT THE LEASED SPACE OR FACILITY FROM ANY CAUSE WHATSOEVER.

38. ARBITRATION:   In the event of any dispute between the parties, the parties agree that all claims shall be resolved by final and binding arbitration in front of a single mutually agreeable arbitrator. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys' fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by the Owner and Lessee. The decision of the arbitrator shall be final and binding. Arbitration shall be commenced by making written demand on the other party by certified mail within the appropriate prescriptive periods (statute of limitations) set by law. The demanding Party must provide the other Party a demand for arbitration that includes a statement of the basis for the dispute, the names and addresses of the Parties involved, and the amount of monetary damages involved and/or any other remedy sought. The parties shall select the arbitration company from a list of approved arbitration companies located within 15 miles of the Facility. The arbitration will be conducted under the arbitration company's rules in effect at the time of arbitration.

 

39. MILITARY SERVICE:   If you are in the military service, you must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act.

 

40. FINANCIAL INFORMATION:   Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.

 

41. EMERGENCY CONTACT INFORMATION:   Occupant understands and agrees that the Owner may contact the person listed in event of casualty, break-in or other emergency, Occupant's default of this Rental Agreement, or Owner's inability to reach Occupant.

 

42. MISCELLANEOUS:   Time is of the essence of this Rental Agreement. Words used in the singular shall include the plural where the context requires. All rights, powers, options or remedies given or granted to Owner by law are cumulative and no one of them is exclusive to another. RENTAL AGREEMENT READ, COPY RECEIVED AND INCORPORATION OF PROVISIONS ON ALL PAGES: OCCUPANT acknowledges that he/she has read, is familiar with, and agrees to all of the terms and conditions of this Rental Agreement. OCCUPANT acknowledges receipt of a true and exact copy of this Rental Agreement and of the rules and regulations of this Facility. WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS RENTAL AGREEMENT ON Date of DOCUMENT SIGNATURE.

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