1. PRIOR TO THE REMOVAL OF THE UNIT OR ANY PROPERTY FROM THE STALL, ALL OUTSTANDING RENT AND IF APPLICABLE EXTRA CHARGES MUST BE PAID CURRENT.
If the Customer shall fail to pay any Rent, fees or other sums due hereunder, the Company may distrain upon the Unit and may cause the removal and sale of the Unit. Any such
sale by the Company may be effected by private contract and for such purpose, the Company may at the Customer's expense, employ such bailiffs or agents as it deems appropriate. In the event of a sale of the Unit by the Company pursuant hereto, the Company shall dispose of the proceeds of the sale first to pay all outstanding amounts owing by the Customer hereunder, including any costs and lawful charges incurred in respect thereto, and pay the balance of the proceeds of sale, if any, to the Customer. The
Customer does hereby release the Company and its servants, agents, employees, contractors and affiliates from and against any and all loss, damages, costs and liability whatsoever arising from a wrongful distress or seizure hereunder.
2. The Customer acknowledges and agrees that the Company will control access to the Premises at all times. The Premises will be made accessible by the Customer between the hours of 8:00 a.m. and 10:00 p.m., seven days a week with the use of a key fob provided by the Company. The Customer shall be responsible to the Company for the cost of replacing the key fob should it be lost, stolen or damaged.
3. The Customer shall be permitted access to the Stall solely for the purposes of deposit, storage and removal of the Unit, or to retrieve articles from or place articles in the Unit. The Customer agrees that they shall be responsible for the repair and reclamation of the Stall to the Company's satisfaction, including the cleanup of any oil or other fluid spills caused by the Customer or which results from the parking, storage or removal of the Unit in/from the Stall.
4. The Customer shall not: (a) access or use the Stall for any purpose or in a manner that constitutes waste, nuisance or unreasonable annoyance to the Company or other customers; (b)
use the Stall for any unlawful purpose or conduct any illegal acts on the Premises; (c) smoke within or upon the Stall or the Premises; (d) conduct any repairs, fabrication, mechanical or other related work on the Stall or Premises without the written consent of the Company which may be unreasonable withheld by the Company at its sole discretion.
5. The Company, its employees, servants, contractors or agents may enter upon the Stall for any purpose, including but not limited to confirming Customer's compliance with this Agreement, or in the event of perceived emergency. No advance notice of such entry is required or will be given to Customer. If the Company must enter the Unit for reasons of emergency or for the removal, storage or sale of the Unit pursuant to this Agreement, the Customer hereby authorizes the Company to enter the Unit using whatever
reasonable means necessary. The Company reserves the right to move the Unit for the maintenance of the Stall or for any other reason.
6. The Customer shall use the Stall at its sole risk, and the Company shall not be liable for any loss, injury or damage caused to: (a) persons using the Stall; or (b) the contents of the Stall including the Unit, the responsibility for insuring against any such loss, injury or damage being that of the Customer. The Customer acknowledges that it has viewed and accepted the Stall and the Premises as suitable for their intended purposes and is fully familiar with the physical condition of such. The Company has made no representations or warranties, express or implied, of any nature whatsoever in connection with the condition of the Stall or the Premises, and the Company shall not be liable for any latent or patent defects therein or any damage caused thereby, including damage caused by fire, water leaks, flooding, sinking, soil shifting, vermin, moisture, cold, heat, dryness or any other condition of the Stall or Premises from time to time.
7. The Customer acknowledges and agrees that although the Customer is parking/storing the Unit in the Stall, such storage or parking does not constitute a bailment and the Company is neither a bailee nor a warehouseman and shall not be deemed to have custody of or any obligation to care for or preserve the Unit or any of the Customer’s property and that under no circumstance shall the Company, its directors, employees or agents be subject to any liability whatsoever for any loss theft, damage to or destruction of the Unit or any of the Customer’s Property, howsoever caused, regardless of how foreseeable or remote.
8. The Customer shall indemnify and save the Company harmless against any and all liability, claims, damages and expenses due to or arising out of any action or omission or neglect by the Customer, its agents, servants, invitees, assignees or licensees on or about the Unit or Premises or due to or arising out of any breach by the Customer, or anyone for whom, by law, the Customer is responsible, of the provisions of this Agreement or of any rules or regulations established from time to time. 9. The Company reserves the right to terminate this Agreement with any person who does not comply with the terms and conditions of this Agreement. No refunds will be issued. In the event of termination of this Agreement, the Customer agrees to forthwith vacate and surrender the Stall and remove all of its personal property including the Unit within ten (10) days of termination. In the event that the Customer fails to so vacate and surrender and remove its personal property, the Customer hereby authorizes the Company to remove the Unit and any other property belonging to the Customer and to seize and dispose of same at the Customer’s cost.
10. Notices to be given to the Customer under this Agreement shall be in writing and deemed served either personally, by mail, or email, to the last address/contact information provided by the Customer. Notices shall be deemed to be delivered, whether actually received or not, when deposited in the Canadian mail or email read receipt. In the case of notices to the Company, notices must be served personally, by postal mail or email to the office of the Company on the Premises.
