Common use of RENT AND LATE CHARGES Clause in Contracts

RENT AND LATE CHARGES. The rent shall be the amount stated above. Rent is due the first day of each calendar month, in advance and without demand. If applicable, rent for the first month will be pro-rated starting from the date of execution of this Agreement. Operator reserves the right to require that rent and other charges be paid in cash, credit card, certified check or money order. Operator may change the monthly rent and other charges by giving Tenant twenty-eight (28) days advanced notice. The new rent shall become effective on the first day of the next month rent is due. Pre-paid rent is not refundable. If rent is not paid by the seventh (7th) day of the month due, Tenant agrees to pay a late fee as stated above each month until rent is paid in full. Tenant agrees to pay Operator the NSF charge stated above plus all bank charges for any dishonored check plus any late fees that must be paid in conjunction with the substituted check. These fees are considered additional rent and are to compensate Operator f or labor and other costs of collection. Tenant agrees to pay all collection and lien costs incurred by Operator. The unit size of the Leased Space stated above is approximate and there is no abatement or adjustment in rent if the Leased Space is smaller or larger than declared. The Tenant has inspected the Leased Space and acknowledges that the Leased Space is suitable for the Tenant’s purposes. Tenant shall not sublet or assign the Leased Space. Tenant warrants and acknowledges that no other person or persons will be acting on behalf of the Tenant. The Operator reserves the right to relocate Tenant at any time to any self-service storage space of comparable size. USE OF LEASED SPACE: Operator is not engaged in the business of storing goods for hire and exercises neither care, custody nor control over Tenant’s stored property. Tenant agrees to use the Leased Space only for the storage of property wholly owned by the Tenant. Tenant shall not occupy the Leased Premises as a residence or sleep in the unit. Tenant waives any claim for emotional or sentimental attachment to the stored property located in the Leased Space. Nothing herein shall constitute any agreement or admission by Operator that Tenant’s stored property has any value, nor shall anything alter the release of Operator’s liability as set forth in this Agreement. Tenant is strictly prohibited from storing or using materials in the Leased Space, and/or on the Facility, classified as hazardous, toxic and/or illegal under any local, state or federal law regulation, and from engaging in any activity which produces such materials. RULES AND REGULATIONS: Operator will have the right to establish or change the hours of operation for the Facility and to create Rules and Regulations for the safety, care and cleanliness of the Leased Space and/or Facility or the preservation of good order on and within the Facility. Tenant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. If the provisions of this Agreement conflict with the Rules and Regulations, the Agreement will control. INSURANCE AND LOCKS: Operator does not provide insurance for Tenant’s personal property. Operator recommends and Tenant is encouraged to maintain a policy of fire, flood, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant is required to self-insure (store at Tenant’s own risk). If Tenant has insurance, Tenant expressly agrees that the insurance company providing insurance shall not be subrogated to any claim of Tenant against Operator, Operator’s agents or employees for loss or damage to property. Tenant shall provide at Tenant’s expense a lock for the Leased Space, which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Leased Space or stored items. Operator will not have a key or combination to the lock. Operator may, but is not required, to lock the Leased Space or item if it is found open. INDEMNITY AND RELEASE OF OPERATOR’S LIABILITY: Tenant agrees to indemnify, hold harmless and defend Operator from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the Leased Space and Facility including claims for Operator’s active negligence. All personal property stored within or upon the Leased Space and Facility by Tenant shall be at Tenant’s sole risk. Operator and Operator’s agents and employees shall not be liable for any loss of or damage to any personal property in the Leased Space and Facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water and flood damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Operator, Operator’s agents, employees. Operator, Operator’s agents and employees shall not be liable to Tenant for injury or death as a result of Tenant’s use of the Leased Space and Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Operator, Operator’s agents or employees. DEFAULT & TERMINATION: Twenty-eight (28) days’ notice, without or without cause, given by Operator or Tenant to the other party will terminate this Agreement. Tenant must leave the Leased Space in good broom clean condition, and is responsible for all damages. There will be no refund on any monthly rent if this Agreement is terminated before the end of the rental month. Tenant will be in default if Tenant fails to pay rent by the first day of the month; Tenant violates and/or breaches the Rules and Regulations; and/or Tenant fails to follow or carry out any of the contractual obligations as set forth in this Agreement. In the event of Tenant default, Tenant will have seven (7) days to cure the default after receiving notice before the Agreement may be terminated by the Operator. Operator may dispose of any property left in the Leased Space and/or on the Facility by Tenant after this agreement has been terminated as specified in Wis. Stats. 704.90 or as otherwise specified by the law of the State of Wisconsin. Tenant shall be responsible for paying all costs incurred by Operator in disposing of such property including but not limited to the preservation, removal, storage, preparation for sale, advertisement of sale and sale of the personal property (including the removal, towing and storage of power equipment and motor vehicles). Any excess from the disposition of Tenant’s property will be returned to Tenant or in the event Tenant cannot be located, to the Secretary of State. Operator’s decision to pursue one remedy shall not prevent Operator from pursuing any other remedies available to Operator under Wisconsin law. TENANT ACCESS AND OPERATOR’S RIGHT TO ENTER: When rent or other charges remain unpaid for seven (7) consecutive days after the due date stated in this Agreement, Operator may deny Tenant access to the Leased Space. Tenant’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Operator in order to maintain order on the Facility. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter or leave the Facility. Tenant grants Operator, Operator’s agents or representatives of any governmental authority, including police and fire officials, access to the Leased Space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Operator, Operator’s agents or representatives of governmental authority shall have the right to enter the Leased Space without notice to Tenant and take such action as may be necessary or appropriate to protect others, the Facility, to comply with applicable law and/or enforce Operator’s rights. In the event of Tenant default and/or if this Agreement is terminated, Operator will enter the Leased Space to provide a brief and general description of the personal property subject to the lien that is reasonably adequate to permit the Tenant to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which xxxxxx immediate access to its contents may be described as such without describing its contents, or as otherwise specified in Wis. Stats. 704.90.

Appears in 2 contracts

Samples: Self Storage Rental Agreement, Self Storage Rental Agreement

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RENT AND LATE CHARGES. The rent shall be the amount stated above. Rent is due the first day of each calendar month, in advance and without demand. If applicable, rent for the first month will be pro-rated starting from the date of execution of this Agreement. Operator reserves the right to require that rent and other charges be paid in cash, credit card, certified check or money order. Operator may change the monthly rent and other charges by giving Tenant twenty-eight (28) days advanced notice. The new rent shall become effective on the first day of the next month rent is due. Pre-paid rent is not refundable. If rent is not paid by the seventh (7th) day of the month due, Tenant Xxxxxx agrees to pay a late fee as stated above each month until rent is paid in full. Tenant Xxxxxx agrees to pay Operator the NSF charge stated above plus all bank charges for any dishonored check plus any late fees that must be paid in conjunction with the substituted check. These fees are considered additional rent and are to compensate Operator f or labor and other costs of collection. Tenant agrees to pay all collection and lien costs incurred by Operator. The unit size of the Leased Space stated above is approximate and there is no abatement or adjustment in rent if the Leased Space is smaller or larger than declared. The Tenant has inspected the Leased Space and acknowledges that the Leased Space is suitable for the Tenant’s purposes. Tenant shall not sublet or assign the Leased Space. Tenant warrants and acknowledges that no other person or persons will be acting on behalf of the Tenant. The Operator reserves the right to relocate Tenant at any time to any self-service storage space of comparable size. USE OF LEASED SPACE: Operator is not engaged in the business of storing goods for hire and exercises neither care, custody nor control over TenantXxxxxx’s stored property. Tenant agrees to use the Leased Space only for the storage of property wholly owned by the Tenant. Tenant shall not occupy the Leased Premises as a residence or sleep in the unit. Tenant waives any claim for emotional or sentimental attachment to the stored property located in the Leased Space. Nothing herein shall constitute any agreement or admission by Operator that Tenant’s stored property has any value, nor shall anything alter the release of Operator’s liability as set forth in this Agreement. Tenant is strictly prohibited from storing or using materials in the Leased Space, and/or on the Facility, classified as hazardous, toxic and/or illegal under any local, state or federal law regulation, and from engaging in any activity which produces such materials. RULES AND REGULATIONS: Operator will have the right to establish or change the hours of operation for the Facility and to create Rules and Regulations for the safety, care and cleanliness of the Leased Space and/or Facility or the preservation of good order on and within the Facility. Tenant Xxxxxx agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. If the provisions of this Agreement conflict with the Rules and Regulations, the Agreement will control. INSURANCE AND LOCKS: Operator does not provide insurance for Tenant’s personal property. Operator recommends and Tenant is encouraged to maintain a policy of fire, flood, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant is required to self-insure (store at Tenant’s own risk). If Tenant has insurance, Tenant expressly agrees that the insurance company providing insurance shall not be subrogated to any claim of Tenant against Operator, Operator’s agents or employees for loss or damage to property. Tenant shall provide at Tenant’s expense a lock for the Leased Space, which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Leased Space or stored items. Operator will not have a key or combination to the lock. Operator may, but is not required, to lock the Leased Space or item if it is found open. INDEMNITY AND RELEASE OF OPERATOR’S LIABILITY: Tenant Xxxxxx agrees to indemnify, hold harmless and defend Operator from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the Leased Space and Facility including claims for Operator’s active negligence. All personal property stored within or upon the Leased Space and Facility by Tenant shall be at Tenant’s sole risk. Operator and Operator’s agents and employees shall not be liable for any loss of or damage to any personal property in the Leased Space and Facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water and flood damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Operator, Operator’s agents, employees. Operator, Operator’s agents and employees shall not be liable to Tenant for injury or death as a result of TenantXxxxxx’s use of the Leased Space and Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Operator, Operator’s agents or employees. DEFAULT & TERMINATION: Twenty-eight (28) days’ notice, without or without cause, given by Operator or Tenant to the other party will terminate this Agreement. Tenant must leave the Leased Space in good broom clean condition, and is responsible for all damages. There will be no refund on any monthly rent if this Agreement is terminated before the end of the rental month. Tenant will be in default if Tenant fails to pay rent by the first day of the month; Tenant violates and/or breaches the Rules and Regulations; and/or Tenant fails to follow or carry out any of the contractual obligations as set forth in this Agreement. In the event of Tenant default, Tenant will have seven (7) days to cure the default after receiving notice before the Agreement may be terminated by the Operator. Operator may dispose of any property left in the Leased Space and/or on the Facility by Tenant after this agreement has been terminated as specified in Wis. Stats. 704.90 or as otherwise specified by the law of the State of Wisconsin. Tenant shall be responsible for paying all costs incurred by Operator in disposing of such property including but not limited to the preservation, removal, storage, preparation for sale, advertisement of sale and sale of the personal property (including the removal, towing and storage of power equipment and motor vehicles). Any excess from the disposition of TenantXxxxxx’s property will be returned to Tenant or in the event Tenant cannot be located, to the Secretary of State. Operator’s decision to pursue one remedy shall not prevent Operator from pursuing any other remedies available to Operator under Wisconsin law. TENANT ACCESS AND OPERATOR’S RIGHT TO ENTER: When rent or other charges remain unpaid for seven (7) consecutive days after the due date stated in this Agreement, Operator may deny Tenant access to the Leased Space. Tenant’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Operator in order to maintain order on the Facility. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter or leave the Facility. Tenant grants Operator, Operator’s agents or representatives of any governmental authority, including police and fire officials, access to the Leased Space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Operator, Operator’s agents or representatives of governmental authority shall have the right to enter the Leased Space without notice to Tenant and take such action as may be necessary or appropriate to protect others, the Facility, to comply with applicable law and/or enforce Operator’s rights. In the event of Tenant default and/or if this Agreement is terminated, Operator will enter the Leased Space to provide a brief and general description of the personal property subject to the lien that is reasonably adequate to permit the Tenant to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which xxxxxx immediate access to its contents may be described as such without describing its contents, or as otherwise specified in Wis. Stats. 704.90.

Appears in 1 contract

Samples: Self Storage Rental Agreement

RENT AND LATE CHARGES. The rent shall be the amount stated above. Rent is due the first day of each calendar month, in advance and without demand. If applicable, rent for the first month will be pro-rated starting from the date of execution of this Agreement. Operator reserves the right to require that rent and other charges be paid in cash, credit card, certified check or money order. Operator may change the monthly rent and other charges by giving Tenant twenty-eight (28) days advanced notice. The new rent shall become effective on the first day of the next month rent is due. Pre-paid rent is not refundable. If rent is not paid by the seventh (7th) day of the month due, Tenant Xxxxxx agrees to pay a late fee as stated above each month until rent is paid in full. Tenant Xxxxxx agrees to pay Operator the NSF charge stated above plus all bank charges for any dishonored check plus any late fees that must be paid in conjunction with the substituted check. These fees are considered additional rent and are to compensate Operator f or labor and other costs of collection. Tenant Xxxxxx agrees to pay all collection and lien costs incurred by Operator. The unit size of the Leased Space stated above is approximate and there is no abatement or adjustment in rent if the Leased Space is smaller or larger than declared. The Tenant has inspected the Leased Space and acknowledges that the Leased Space is suitable for the Tenant’s purposes. Tenant shall not sublet or assign the Leased Space. Tenant warrants and acknowledges that no other person or persons will be acting on behalf of the Tenant. The Operator reserves the right to relocate Tenant at any time to any self-service storage space of comparable size. USE OF LEASED SPACE: Operator is not engaged in the business of storing goods for hire and exercises neither care, custody nor control over TenantXxxxxx’s stored property. Tenant Xxxxxx agrees to use the Leased Space only for the storage of property wholly owned by the Tenant. Tenant shall not occupy the Leased Premises as a residence or sleep in the unit. Tenant waives any claim for emotional or sentimental attachment to the stored property located in the Leased Space. Nothing herein shall constitute any agreement or admission by Operator that Tenant’s stored property has any value, nor shall anything alter the release of Operator’s liability as set forth in this Agreement. Tenant is strictly prohibited from storing or using materials in the Leased Space, and/or on the Facility, classified as hazardous, toxic and/or illegal under any local, state or federal law regulation, and from engaging in any activity which produces such materials. RULES AND REGULATIONS: Operator will have the right to establish or change the hours of operation for the Facility and to create Rules and Regulations for the safety, care and cleanliness of the Leased Space and/or Facility or the preservation of good order on and within the Facility. Tenant Xxxxxx agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. If the provisions of this Agreement conflict with the Rules and Regulations, the Agreement will control. INSURANCE AND LOCKS: Operator does not provide insurance for Tenant’s personal property. Operator recommends and Tenant is encouraged to maintain a policy of fire, flood, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant is required to self-insure (store at Tenant’s own risk). If Tenant has insurance, Tenant expressly agrees that the insurance company providing insurance shall not be subrogated to any claim of Tenant against Operator, Operator’s agents or employees for loss or damage to property. Tenant shall provide at Tenant’s expense a lock for the Leased Space, which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Leased Space or stored items. Operator will not have a key or combination to the lock. Operator may, but is not required, to lock the Leased Space or item if it is found open. INDEMNITY AND RELEASE OF OPERATOR’S LIABILITY: Tenant Xxxxxx agrees to indemnify, hold harmless and defend Operator from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the Leased Space and Facility including claims for Operator’s active negligence. All personal property stored within or upon the Leased Space and Facility by Tenant shall be at Tenant’s sole risk. Operator and Operator’s agents and employees shall not be liable for any loss of or damage to any personal property in the Leased Space and Facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water and flood damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Operator, Operator’s agents, employees. Operator, Operator’s agents and employees shall not be liable to Tenant for injury or death as a result of TenantXxxxxx’s use of the Leased Space and Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Operator, Operator’s agents or employees. DEFAULT & TERMINATION: Twenty-eight (28) days’ notice, without with or without cause, given by Operator or Tenant to the other party will terminate this Agreement. Tenant must leave the Leased Space in good broom clean condition, and is responsible for all damages. There will be no refund on any monthly rent if this Agreement is terminated before the end of the rental month. Tenant will be in default if Tenant fails to pay rent by the first day of the month; Tenant violates and/or breaches the Rules and Regulations; and/or Tenant fails to follow or carry out any of the contractual obligations as set forth in this Agreement. In the event of Tenant default, Tenant will have seven (7) days to cure the default after receiving notice before the Agreement may be terminated by the Operator. Operator may dispose of any property left in the Leased Space and/or on the Facility by Tenant after this agreement has been terminated as specified in Wis. Stats. 704.90 IC 26-3-8 or as otherwise specified by the law of the State of WisconsinIndiana. Tenant shall be responsible for paying all costs incurred by Operator in disposing of such property including but not limited to the preservation, removal, storage, preparation for sale, advertisement of sale and sale of the personal property (including the removal, towing and storage of power equipment and motor vehicles). Any excess from the disposition of TenantXxxxxx’s property will be returned to Tenant or in the event Tenant cannot be located, to the Secretary of State. Operator’s decision to pursue one remedy shall not prevent Operator from pursuing any other remedies available to Operator under Wisconsin Indiana law. TENANT ACCESS AND OPERATOR’S RIGHT TO ENTER: When rent or other charges remain unpaid for seven thirty (730) consecutive days after the due date stated in this Agreement, Operator may deny Tenant access to the Leased Space. Tenant’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Operator in order to maintain order on the Facility. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter or leave the Facility. Tenant grants Operator, Operator’s agents or representatives of any governmental authority, including police and fire officials, access to the Leased Space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Operator, Operator’s agents or representatives of governmental authority shall have the right to enter the Leased Space without notice to Tenant and take such action as may be necessary or appropriate to protect others, the Facility, to comply with applicable law and/or enforce Operator’s rights. In the event of Tenant default and/or if this Agreement is terminated, Operator will enter the Leased Space to provide a brief and general description of the personal property subject to the lien that is reasonably adequate to permit the Tenant to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which xxxxxx immediate access to its contents may be described as such without describing its contents, or as otherwise specified in Wis. StatsIC 26-3-8. 704.90WAIVER: No waiver by Operator, Operator’s agents and employees, or any breach or default by Tenant in the performance of any covenant, condition or term contained in this Agreement shall constitute a waiver of any subsequent breach or default in the performance of the same or any other covenant, condition or term. NO WARRANTIES: Operator makes no implied or express warranties, guarantees or representations as to the nature, conditions, suitability, safety or security of the Leased Space and the Facility. Tenant specifically acknowledges that they have made their own determination of such matters solely from inspection of the Leased Space and the Facility, without reliance on oral representations made by any person. Operator’s agents and employees are not authorized to make any binding warranties and/or representations about the Leased Space, Facility and terms referred to in this Agreement. Only the specific written terms of this Agreement, any written attachments hereto signed by both Operator and Tenant and the published and posted Rules and Regulations governing the Facility shall govern this relationship and no oral agreement shall be of any effect whatsoever. CASUALTY: In the event the Leased Space and/or Facility shall be damaged by fire, flood, storm, accident or other casualty during the term of this Agreement, that renders the Leased Space and/or Facility totally unusable, either Operator or Tenant may terminate this Agreement by seven (7) days’ notice delivered to the other. Operator will have the option and not the obligation to repair the Leased Space and/or Facility, and if repairs are not made this Agreement shall terminate. Rent by Tenant will be paid only to the date of termination. GOVERNING LAW AND VENUE: This Agreement shall be deemed to have been made in Xxxxxxxx County, Indiana, and shall be governed by, construed, and enforced in accordance with the laws of the State of Indiana. Any arbitrator or mediator shall be governed by and restricted to the laws of the State of Indiana. All parties to this Agreement hereby subject themselves to the jurisdiction of the circuit court for Xxxxxxxx County, Indiana.

Appears in 1 contract

Samples: Self Storage Rental Agreement

RENT AND LATE CHARGES. The rent shall be the amount stated above. Rent is due the first day of each calendar month, in advance and without demand. If applicable, rent for the first month will be pro-rated starting from the date of execution of this Agreement. Operator reserves the right to require that rent and other charges be paid in cash, credit card, certified check or money order. Operator may change the monthly rent and other charges by giving Tenant twenty-eight (28) days advanced notice. The new rent shall become effective on the first day of the next month rent is due. Pre-paid rent is not refundable. If rent is not paid by the seventh (7th) day of the month due, Tenant Xxxxxx agrees to pay a late fee as stated above each month until rent is paid in full. Tenant Xxxxxx agrees to pay Operator the NSF charge stated above plus all bank charges for any dishonored check plus any late fees that must be paid in conjunction with the substituted check. These fees are considered additional rent and are to compensate Operator f or for labor and other costs of collection. Tenant agrees to pay all collection and lien costs incurred by Operator. The unit size of the Leased Space stated above is approximate and there is no abatement or adjustment in rent if the Leased Space is smaller or larger than declared. The Tenant has inspected the Leased Space and acknowledges that the Leased Space is suitable for the Tenant’s purposes. Tenant shall not sublet or assign the Leased Space. Tenant warrants and acknowledges that no other person or persons will be acting on behalf of the Tenant. The Operator reserves the right to relocate Tenant at any time to any self-service storage space of comparable size. USE OF LEASED SPACE: Operator is not engaged in the business of storing goods for hire and exercises neither care, custody nor control over TenantXxxxxx’s stored property. Tenant agrees to use the Leased Space only for the storage of property wholly owned by the Tenant. Tenant shall not occupy the Leased Premises as a residence or sleep in the unit. Tenant waives any claim for emotional or sentimental attachment to the stored property located in the Leased Space. Nothing herein shall constitute any agreement or admission by Operator that Tenant’s stored property has any value, nor shall anything alter the release of Operator’s liability as set forth in this Agreement. Tenant is strictly prohibited from storing or using materials in the Leased Space, and/or on the Facility, classified as hazardous, toxic and/or illegal under any local, state or federal law regulation, and from engaging in any activity which produces such materials. RULES AND REGULATIONS: Operator will have the right to establish or change the hours of operation for the Facility and to create Rules and Regulations for the safety, care and cleanliness of the Leased Space and/or Facility or the preservation of good order on and within the Facility. Tenant Xxxxxx agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. If the provisions of this Agreement conflict with the Rules and Regulations, the Agreement will control. INSURANCE AND LOCKS: Operator does not provide insurance for Tenant’s personal property. Operator recommends and Tenant is encouraged to maintain a policy of fire, flood, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant is required to self-insure (store at Tenant’s own risk). If Tenant has insurance, Tenant expressly agrees that the insurance company providing insurance shall not be subrogated to any claim of Tenant against Operator, Operator’s agents or employees for loss or damage to property. Tenant shall provide at Tenant’s expense a lock for the Leased Space, which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Leased Space or stored items. Operator will not have a key or combination to the lock. Operator may, but is not required, to lock the Leased Space or item if it is found open. INDEMNITY AND RELEASE OF OPERATOR’S LIABILITY: Tenant Xxxxxx agrees to indemnify, hold harmless and defend Operator from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the Leased Space and Facility including claims for Operator’s active negligence. All personal property stored within or upon the Leased Space and Facility by Tenant shall be at Tenant’s sole risk. Operator and Operator’s agents and employees shall not be liable for any loss of or damage to any personal property in the Leased Space and Facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water and flood damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Operator, Operator’s agents, employees. Operator, Operator’s agents and employees shall not be liable to Tenant for injury or death as a result of TenantXxxxxx’s use of the Leased Space and Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Operator, Operator’s agents or employees. DEFAULT & TERMINATION: Twenty-eight (28) days’ notice, without or without cause, given by Operator or Tenant to the other party will terminate this Agreement. Tenant must leave the Leased Space in good broom clean condition, and is responsible for all damages. There will be no refund on any monthly rent if this Agreement is terminated before the end of the rental month. Tenant will be in default if Tenant fails to pay rent by the first day of the month; Tenant violates and/or breaches the Rules and Regulations; and/or Tenant fails to follow or carry out any of the contractual obligations as set forth in this Agreement. In the event of Tenant default, Tenant will have seven (7) days to cure the default after receiving notice before the Agreement may be terminated by the Operator. Operator may dispose of any property left in the Leased Space and/or on the Facility by Tenant after this agreement has been terminated as specified in Wis. Stats. 704.90 or as otherwise specified by the law of the State of Wisconsin. Tenant shall be responsible for paying all costs incurred by Operator in disposing of such property including but not limited to the preservation, removal, storage, preparation for sale, advertisement of sale and sale of the personal property (including the removal, towing and storage of power equipment and motor vehicles). Any excess from the disposition of TenantXxxxxx’s property will be returned to Tenant or in the event Tenant cannot be located, to the Secretary of State. Operator’s decision to pursue one remedy shall not prevent Operator from pursuing any other remedies available to Operator under Wisconsin law. TENANT ACCESS AND OPERATOR’S RIGHT TO ENTER: When rent or other charges remain unpaid for seven (7) consecutive days after the due date stated in this Agreement, Operator may deny Tenant access to the Leased Space. Tenant’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Operator in order to maintain order on the Facility. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter or leave the Facility. Tenant grants Operator, Operator’s agents or representatives of any governmental authority, including police and fire officials, access to the Leased Space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Operator, Operator’s agents or representatives of governmental authority shall have the right to enter the Leased Space without notice to Tenant and take such action as may be necessary or appropriate to protect others, the Facility, to comply with applicable law and/or enforce Operator’s rights. In the event of Tenant default and/or if this Agreement is terminated, Operator will enter the Leased Space to provide a brief and general description of the personal property subject to the lien that is reasonably adequate to permit the Tenant to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which xxxxxx immediate access to its contents may be described as such without describing its contents, or as otherwise specified in Wis. Stats. 704.90.

Appears in 1 contract

Samples: Self Storage Rental Agreement

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RENT AND LATE CHARGES. The rent shall be the amount stated above. Rent is due the first day of each calendar month, in advance and without demand. If applicable, rent for the first month will be pro-rated starting from the date of execution of this Agreement. Operator reserves the right to require that rent and other charges be paid in cash, credit card, certified check or money order. Operator may change the monthly rent and other charges by giving Tenant twenty-eight thirty (2830) days advanced notice. The new rent shall become effective on the first day of the next month rent is due. On receiving notice of Operator’s pending change(s) to this Agreement, Tenant may terminate this Agreement on or before the effective date of such change by giving Operator written notice within ten (10) days of the effective date of the change. Pre-paid rent for the month of termination is not refundable. If rent is not paid by the seventh (7th) day of the month due, Tenant agrees to pay a late fee as stated above each month until rent is paid in full. Tenant agrees to pay Operator the NSF charge stated above plus all bank charges for any dishonored check plus any late fees that must be paid in conjunction with the substituted check. These fees are considered additional rent and are to compensate Operator f or for labor and other costs of collection. Tenant agrees to pay all collection and lien costs incurred by Operator. The unit size of the Leased Space stated above is approximate and there is no abatement or adjustment in rent if the Leased Space is smaller or larger than declared. The Tenant has inspected the Leased Space and acknowledges that the Leased Space is suitable for the Tenant’s purposes. Tenant shall not sublet or assign the Leased Space. Tenant warrants and acknowledges that no other person or persons will be acting on behalf of the Tenant. The Operator reserves the right to relocate Tenant at any time to any self-service storage space of comparable size. USE OF LEASED SPACE: Operator is not engaged in the business of storing goods for hire and exercises neither care, custody nor control over Tenant’s stored property. Tenant agrees to use the Leased Space only for the storage of property wholly owned by the Tenant. Tenant shall not occupy the Leased Premises as a residence or sleep in the unit. Tenant waives any claim for emotional or sentimental attachment to the stored property located in the Leased Space. Nothing herein shall constitute any agreement or admission by Operator that Tenant’s stored property has any value, nor shall anything alter the release of Operator’s liability as set forth in this Agreement. Tenant is strictly prohibited from storing or using materials in the Leased Space, and/or on the Facility, classified as hazardous, toxic and/or illegal under any local, state or federal law regulation, and from engaging in any activity which produces such materials. RULES AND REGULATIONS: Operator will have the right to establish or change the hours of operation for the Facility and to create Rules and Regulations for the safety, care and cleanliness of the Leased Space and/or Facility or the preservation of good order on and within the Facility. Tenant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time. If the provisions of this Agreement conflict with the Rules and Regulations, the Agreement will control. INSURANCE AND LOCKS: Operator does not provide insurance for Tenant’s personal property. Operator recommends and Tenant is encouraged to maintain a policy of fire, flood, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant is required to self-insure (store at Tenant’s own risk). If Tenant has insurance, Tenant expressly agrees that the insurance company providing insurance shall not be subrogated to any claim of Tenant against Operator, Operator’s agents or employees for loss or damage to property. Tenant shall provide at Tenant’s expense a lock for the Leased Space, which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Leased Space or stored items. Operator will not have a key or combination to the lock. Operator may, but is not required, to lock the Leased Space or item if it is found open. INDEMNITY AND RELEASE OF OPERATOR’S LIABILITY: Tenant agrees to indemnify, hold harmless and defend Operator from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Tenant’s use of the Leased Space and Facility including claims for Operator’s active negligence. All personal property stored within or upon the Leased Space and Facility by Tenant shall be at Tenant’s sole risk. Operator and Operator’s agents and employees shall not be liable for any loss of or damage to any personal property in the Leased Space and Facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water and flood damage, rodents, Acts of God, the active or passive acts or omissions or negligence of the Operator, Operator’s agents, employees. Operator, Operator’s agents and employees shall not be liable to Tenant for injury or death as a result of Tenant’s use of the Leased Space and Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Operator, Operator’s agents or employees. DEFAULT & TERMINATION: Twenty-eight (28) days’ notice, without or without cause, given by Operator or Tenant to the other party will terminate this Agreement. Tenant must leave the Leased Space in good broom clean condition, and is responsible for all damages. There will be no refund on any monthly rent if this Agreement is terminated before the end of the rental month. Tenant will be in default if Tenant fails to pay rent by the first day of the month; Tenant violates and/or breaches the Rules and Regulations; and/or Tenant fails to follow or carry out any of the contractual obligations as set forth in this Agreement. In the event of Tenant default, Tenant will have seven (7) days to cure the default after receiving notice before the Agreement may be terminated by the Operator. Operator may dispose of any property left in the Leased Space and/or on the Facility by Tenant after this agreement has been terminated as specified in Wis. Stats. 704.90 or as otherwise specified by the law of the State of Wisconsin. Tenant shall be responsible for paying all costs incurred by Operator in disposing of such property including but not limited to the preservation, removal, storage, preparation for sale, advertisement of sale and sale of the personal property (including the removal, towing and storage of power equipment and motor vehicles). Any excess from the disposition of Tenant’s property will be returned to Tenant or in the event Tenant cannot be located, to the Secretary of State. Operator’s decision to pursue one remedy shall not prevent Operator from pursuing any other remedies available to Operator under Wisconsin law. TENANT ACCESS AND OPERATOR’S RIGHT TO ENTER: When rent or other charges remain unpaid for seven (7) consecutive days after the due date stated in this Agreement, Operator may deny Tenant access to the Leased Space. Tenant’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Operator in order to maintain order on the Facility. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter or leave the Facility. Tenant grants Operator, Operator’s agents or representatives of any governmental authority, including police and fire officials, access to the Leased Space upon twelve (12) hours advanced notice to Tenant. In the event of an emergency, Operator, Operator’s agents or representatives of governmental authority shall have the right to enter the Leased Space without notice to Tenant and take such action as may be necessary or appropriate to protect others, the Facility, to comply with applicable law and/or enforce Operator’s rights. In the event of Tenant default and/or if this Agreement is terminated, Operator will enter the Leased Space to provide a brief and general description of the personal property subject to the lien that is reasonably adequate to permit the Tenant to identify it, except that any container including, but not limited to, a trunk, valise or box that is locked, fastened, sealed or tied in a manner which xxxxxx immediate access to its contents may be described as such without describing its contents, or as otherwise specified in Wis. Stats. 704.90.

Appears in 1 contract

Samples: Self Storage Rental Agreement

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