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TERMS OF RENTAL AGREEMENT
USE OF STORAGE STALL
The stall (“Stall”) and/or storage unit (“Unit”) assigned to the Renter shall be used by the Renter for storing the Renter’s recreational vehicle (“RV”), vehicle, or other items in accordance with the Renter’s Obligations identified herein. The Renter shall not at any time use the Stall as a Mobile Home Site as defined in the Mobile Home Sites Tenancies Act, R.S.A 2000 M-20, and any attempt by the Renter to reside in or about the Stall or Unit shall be considered a substantial breach of this Agreement and shall result in the immediate termination of this Agreement.
If Rocky Mountain Storage has not received payment of the Rental Amount, or any other charges (“Other Charges”) that may become due pursuant to this Rental Agreement, on or before the Due Date, then the Renter will be considered to be in default until such time as Rocky Mountain Storage has received payment of all outstanding Rental Amounts and/or Other Charges.
When the Renter is in default, Rocky Mountain Storage may take steps, including eliminating FOB access to the Premises or installing a lock to the RV, Vehicle, or Unit, to restrict access to the Renter’s items. The Renter shall not be entitled to access his or her items stored on the Premises. Any of the Renter’s items that are stored on the Premises, including any items stored within an RV or vehicle shall not be moved off the Premises until the Renter is no longer in default.
The Renter agrees that if the Renter is in default, Rocky Mountain Storage may sell the items located within the Stall or Unit according to the procedure for sale of goods subject to a lien set out in the Warehouseman’s Lien Act R.S.A 1980 cW-3, Provided that Rocky Mountain Storage reasonably believes that the public auction sale of the goods in the Stall or Unit would not exceed the costs associated with such sale, Rocky Mountain Storage may sell or otherwise dispose of the goods in any matter it sees fit.
Any environmental contamination of the Stall Unit or Premises occurring during the Storage Term as a result of a Renter’s use of the Stall or Unit will be remedied at the sole cost and expense of the Renter.
All property stored in the Stall or Unit shall be so stored at the risk of the Renter. The Renter releases Rocky Mountain Storage from every claim it has or might have in connection with anything that has occurred or might occur on or in connection with the Stall or Unit. The Renter shall also indemnify Rocky Mountain Storage and save it harmless from any and all loss (including loss of fee and other amounts payable by the Renter pursuant to this Rental Agreement) claims, actions damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of this Rental Agreement, or any occurrence in, upon or at the Stall or Unit, or the occupancy or use by the Renter of the Stall or Unit or any part thereof, whether or not Rocky Mountain Storage, its agents, servants, employees or other persons for whom it may be in law responsible, are negligent. If Rocky Mountain Storage is, without fault on its part, made party to any litigation commenced by or against the Renter, the Renter shall protect, indemnify and hold Rocky Mountain Storage harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by Rocky Mountain Storage in connection with such litigation.
“Rocky Mountain Storage” in this paragraph means the party of the first part of this Rental Agreement, and included the owners of (i) the freehold, and (ii)
the owners, if any, of the leasehold title of the lands within and comprising the Storage Centre Presmises well as all of their respective officers, director, employees, agents and contractors.
The Renter shall not assign this Rental Agreement in whole or in part, nor sublet all or any part of the Stall or Unit, not permit any other person, firm or corporation to use or occupy the Stall without the prior written consent of Rocky Mountain Storage, which consent may be arbitrarily or unreasonably withheld.
Rocky Mountain Storage may make, from time to time, rules and regulations with respect to the Stall or Unit and the Renter shall comply with and observe them if it receives notice of them, or ought reasonably to be aware of them.
All notices, demands, requests or other instruments which may or are required to be given under this Rental Agreement will be in writing and deemed to have been received five (5) Business Days after the post-marked date thereof if sent by registered mail, the next Business Day following transmission if sent by fax, or at the time of delivery if hand delivered (including pre-paid courier), and will be addressed as follows:
TO ROCKY MOUNTAIN STORAGE:
Mail: Box 487, Rocky Mountain House, AB, T4T 1A4
If to the Renter, such notices will be delivered to the address provided by the Renter.
For the purposes of the foregoing a “Business Day” means any day on which commercial banks are open for business in Rocky Mountain House, Alberta, but does not in any event include a Saturday, Sunday or a statutory holiday.
The Renter shall not register this Rental Agreement or any notice of it against the lands or any part thereof comprising the Premises
All rights and liabilities granted to, or imposed upon the respective parties hereto, extend and bind the successors and assigns of Rocky Mountain Storage and the heirs, executors, administrators and permitted successors and permitted assigns of the Renter, as the case may be. If there is more than one Renter, they are all bound jointly and severally by the terms, covenants and conditions of this Rental Agreement. No rights, however, shall enure to the benefit of any assignee of the Renter unless the assignment to such assignee has been approved by Rocky Mountain Storage in writing as provided by paragraph 5 of this Rental Agreement.
Notwithstanding anything herein contained to the contrary, Rocky Mountain Storage has the right to (i) relocate the Stall or Unit to an area of comparable size; or (ii) terminate the Renter’s right to use the Stal or Unitl, in either case, on thirty (30) days’ prior written notice.
The Monthly Rental Amount contemplated herein is exclusive of GST. Where applicable GST will be in addition to any Other Charges.
Any NSF cheques shall be subject to an additional charge of $30.00.