Terms of service
AVIATOR SELF STORAGE A UNIT OF AVIATOR BUSINESS PARK INC.
SELF STORAGE RENTAL AGREEMENT: INDOOR STORAGE UNIT
THIS RENTAL AGREEMENT made the July 18, 2022
FACILITY OWNER; UNIT AND RENT:
Facility Name: Aviator Self Storage
Facility Owner: Aviator Business Park Inc.
Facility Address: 3601- 20th Avenue S.E., Salmon Arm, B.C. V1E 1X9
Facility E-Mail: [email protected]
Facility Phone No.: 1 (250) 253-1488
Rental Unit No.(s): A123
Approximate Unit Size(s): 10' x 10'
Rental Start Date: July 18, 2022
Rental End Date: August 18, 2022, or if not specified, Month-to-Month
Rent: $125.00
Security Deposit: $0
Occupant hereby authorizes Facility Owner to automatically charge the Total Monthly Rent and each of the foregoing fees and charges to Occupant’s credit card on file with Facility Owner or with any person acting as payment collector for Facility Owner.
OCCUPANT INFORMATION:
Occupant’s Full Name:
Company Name(if applicable):
Address:
City/Province:
Postal Code:
Telephone:
E-mail:
Occupant agrees that Facility Owner may give notice to Occupant by e-mail.
FEES AND CHARGES:
Administration Fee: $25
First Late Fee: $50
Subsequent Late Fee: $100
Lock Cut Fee: $50
Returned Check Fee: $35
Lien Fee: $100
Lien Enforcement Fee: $100
Cleaning Fee: $100
Returned Notice Fee: $50
STORED PROPERTY:
The value of the Stored Property does not exceed $5,000. The Stored Property does not include any items prohibited by Sections 7 or 8 of this Rental Agreement. Occupant is responsible for insuring the Stored Property, as provided in Section 10 of this Rental Agreement.
Facility Name: Aviator Self Storage
Facility Owner: Aviator Business Park Inc.
Facility Address: 3601- 20th Avenue S.E., Salmon Arm, B.C. V1E 1X9
Facility E-Mail: [email protected]
Facility Phone No.: 1 (250) 253-1488
Rental Unit No.(s): A123
Approximate Unit Size(s): 10' x 10'
Rental Start Date: July 18, 2022
Rental End Date: August 18, 2022, or if not specified, Month-to-Month
Rent: $125.00
Security Deposit: $0
Occupant hereby authorizes Facility Owner to automatically charge the Total Monthly Rent and each of the foregoing fees and charges to Occupant’s credit card on file with Facility Owner or with any person acting as payment collector for Facility Owner.
OCCUPANT INFORMATION:
Occupant’s Full Name:
Company Name(if applicable):
Address:
City/Province:
Postal Code:
Telephone:
E-mail:
Occupant agrees that Facility Owner may give notice to Occupant by e-mail.
FEES AND CHARGES:
Administration Fee: $25
First Late Fee: $50
Subsequent Late Fee: $100
Lock Cut Fee: $50
Returned Check Fee: $35
Lien Fee: $100
Lien Enforcement Fee: $100
Cleaning Fee: $100
Returned Notice Fee: $50
STORED PROPERTY:
The value of the Stored Property does not exceed $5,000. The Stored Property does not include any items prohibited by Sections 7 or 8 of this Rental Agreement. Occupant is responsible for insuring the Stored Property, as provided in Section 10 of this Rental Agreement.
NOTICE TO OCCUPANT
LIENHOLDER / PROPERTY OWNER INFORMATION: Occupant is required to disclose to Facility Owner if any person has a lien or other security interest in all or any of the goods and other property now or hereafter stored in his/her Unit(s) (the “Stored Property”). Occupant represents that he/she legally and beneficially owns, and has lawful legal possession of, the Stored Property free and clear of all liens and security interests of any kind or nature except as disclosed under “ADDITIONAL INFORMATION” above.
FACILITY OWNER WILL HAVE A LIEN ON THE STORED PROPERTY: Occupant hereby grants to Facility Owner a lien and security interest in and to all present and future Stored Property, to secure all of Occupant’s present and future rent, fees, charges, indemnities and other liabilities and obligations to Facility Owner as specified in this Rental Agreement. Accordingly, Occupant acknowledges, confirms and agrees that any or all of the Stored Property may be sold by Facility Owner to satisfy such lien and security interest, and to pay such charges in full. This lien and security interest is in addition to, and not in substitution for, any lien granted pursuant to any law or regulation now or hereafter in force and applicable to this Rental Agreement.
RENTAL AGREEMENT
In consideration of all the terms and conditions herein, Facility Owner hereby leases to Occupant the above-described self-storage space(s) (the "Unit(s)") located at the self-storage facility described above (the "Facility") pursuant to the following terms and conditions:
1 TERM OF STORAGE. The term of the storage tenancy shall commence on the Rental Start Date specified above and shall continue throughout the term of months specified in the Term above (or if no term of months is specified above, on a month-to-month basis, by Occupant paying the Total Monthly Rent in full, and Facility Owner accepting payment, until the tenancy is terminated pursuant to Section 17 below). The minimum rental term is one month. All terms and conditions of this Rental Agreement shall continue so long as Occupant retains possession of the Unit(s) and thereafter for so long as any obligations hereunder remain unsatisfied. Occupant expressly acknowledges and agrees to the matters contained in the “NOTICE TO OCCUPANT” above.
2 RENT;PROTATION; CHANGES IN RENT. Occupant shall pay the Total Monthly Rent in the amount stated above to Facility Owner at the address stated above. Rent is due each month on the first day of the month, in advance, without demand, and without set-off of any kind. Monthly Rent under this Agreement are to be computed on a calendar month basis, and shall be prorated for any partial month on a calendar day basis. Facility Owner may require that rent and other charges be paid in cash, certified cheque, cashier's cheque, bank draft or money order. If the tenancy is month-to-month, Facility Owner may change the amount of the Monthly Rent or any other charges by giving Occupant thirty (30) days advance written notice. The new rent shall become effective on the next date that rent is due following expiry of the 30 day notice period. If Occupant has made advance rental payments, the new rent will be charged against such payments. Facility Owner, in its sole discretion, may accept or reject partial rent payments. Acceptance of partial payments of rent shall not constitute a waiver of Facility Owner's rights, and Occupant understands and agrees that acceptance of a partial rent payment made to cure a default for non-payment of rent shall not delay or stop enforcement of any lien on the Stored Property.
3 SECURITY DEPOSIT. On or before the Rental Start Date, Occupant shall deposit a Security Deposit with Facility Owner in the amount specified above. Facility Owner may apply all or any part of the Security Deposit to satisfy the non-payment of any amount due from Occupant to Facility Owner under this Rental Agreement (including unpaid rent or other charges, required cleaning of the Unit or repair of damages caused by Occupant), at any time thirty (30) days or more after the date such payment was due. Application of the Security Deposit shall not limit Facility Owner’s rights to enforce any deficiency. After the Term ends and Occupant has removed all of the Stored Property from the Facility and has satisfied all of its payment and other obligations to Facility Owner hereunder, Facility Owner shall return to Occupant the unapplied amount of the Security Deposit, without interest, as soon as reasonably practicable, and in any event within thirty (30) days.
4 FEES AND CHARGES. Concurrently with the execution of this Rental Agreement, Occupant shall pay a non-refundable Administration Fee as set forth above. If Occupant requests monthly invoices from Facility Owner, Occupant shall pay a monthly Invoice Fee in the amount set out above. Occupant shall pay a Returned Cheque Fee in the amount set forth above (plus bank charges) for each returned check. If any monthly rent payment is received more than five (5) days after the due date therefor, Occupant shall pay to Facility Owner a First Late Fee in the amount set out above. If such monthly rent payment is received more than fifteen (15) days after the due date therefor, Occupant shall pay to Facility Owner a Subsequent Late Fee in the amount set out above. If any monthly rental payment becomes thirty (30) or more days delinquent, Occupant shall pay a Lien Fee in the amount set out above. If any monthly rent payment becomes sixty (60) or more days delinquent, Occupant shall pay a Lien Foreclosure Fee in the amount set forth above. If Facility Owner or Manager deems it necessary to remove the lock from any Unit(s) as permitted by this Rental Agreement, Occupant shall pay a Lock Cut Fee in the amount set forth above. If Occupant fails to leave the Unit in a clean condition as required by this Rental Agreement, or if Facility Owner is required to disposed of any Stored Property left in the Unit(s) on the expiration of the Term, Occupant shall pay a Cleaning Fee in the amount set out above. If Facility Owner or Manager is unable to contact Occupant due to Occupant’s failure to notify of a change of mailing address or e-mail address, Occupant shall pay a Returned Notice Fee in the amount set out above. If the tenancy is a fixed term (as opposed to month-to-month) and Occupant continues to use the Unit(s) at the expiration of the original Term, such holding-over shall thereupon constitute a tenancy from month-to-month at a Holdover Rent per month equal to 125% of the Monthly Rent. In addition to the foregoing fees and charges, Facility Owner reserves the right to impose further fees for any costs and expenses it incurs in connection with the enforcement of its rights under this Rental Agreement or under applicable enforcement legislation, or both. Occupant acknowledges that overdue payment of Total Monthly Rent or any other fees and charges required to be paid hereunder will cause Facility Owner to incur costs not contemplated by this Rental Agreement, the exact amount of such costs being extremely difficult to fix. Therefore, the parties agree that the First Late Fee, Second Late Fee, Returned Cheque Fee, Lien Fee, Lien Foreclosure Fee, Lock Cut Fee, Cleaning Fee and Holdover Rent represent fair and reasonable estimates of the costs Facility Owner will incur by reason of default by Occupant. Said fees are due and payable to Facility Owner without any demand from Facility Owner.
5 AUTHORITY TO ENTER UNIT; LOCKS. Facility Owner and any person employed or authorised by Facility Owner as the manager or supervisor of the Facility (the “Manager”) may assume that any person possessing a key and gate code is evidence of that person’s authority to enter Occupant's Unit(s). Should Occupant appoint or allow another person to enter the Unit(s), Occupant shall be responsible for the conduct of such person. Occupant is solely responsible for securing and locking its Unit(s) with a lock purchased from the Facility Owner, or a lock having at least the same quality and security characteristics. If any such lock is rendered ineffectual for its intended purpose, or if the Unit(s) is rendered unsecure in any manner, Facility Owner or Manager may, at its sole option, but shall not be required to, take whatever measures it deems reasonably necessary to re-secure access to Occupant's Unit(s).
6 RIGHT TO RESTRICT ACCESS. If the Total Monthly Rent is not paid within five (5) days following the due date therefor, Facility Owner may, without notice, deny Occupant access to the Stored Property located in the Unit(s) or otherwise at the Facility, and may deny Occupant access to the entire Facility. Additionally, if Occupant is renting more than one Unit at any given time, default on one rented Unit shall constitute default on all rented Units, entitling Facility Owner and/or Manager to deny access to Occupant to all rented Units, and the Stored Property in all Units will secure the obligations for each of them. Occupant's access may be conditioned in any manner deemed necessary by Facility Owner or Manager to maintain order and protect the Unit(s) and the Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupant's identity and searching vehicles and contents. Neither Facility Owner, Manager nor any of their respective agents, employees or affiliates shall in any event be liable for any damages or injury caused by Occupant's inability to gain access to, or exit from, the Unit(s) or the Facility, whether because of mechanical or other electrical failure of any automatic access doors or electronic entry devices, or for any other reason. Access will be denied to any party other than Occupant unless said party retains the gate code and key to the lock(s) on the Unit(s) or has supplied Facility Owner or Manager with written authorization from Occupant to enter the Unit(s).
7 PROHIBITED USE OF STORAGE SPACE. Occupant agrees that the Unit(s) and the Facility will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code, and further agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on, the Unit(s) or anywhere in the Facility, nor paint or sand the Unit(s), nor accumulate trash, debris or litter in or around the Unit(s), nor deface or allow graffiti, nor put any holes in the walls, floors or ceilings of any Unit(s) and will keep the Unit(s) and the Facility in good condition during the Term. Occupant shall not use the Unit(s) for the storage of any property not wholly owned by Occupant unless such owner is disclosed to Facility Owner in writing as required above. Occupant shall not store antiques, artworks, heirlooms, collectibles, original legal or personal documents, money, cash, coins or currency, or any property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to any or all of the Stored Property. Occupant will not use the Unit(s) as a residence, or as a dwelling or sleeping room, or for cooking or consumption of alcoholic beverages, or parties, gatherings or meetings, or for any use that would cause a nuisance or unreasonable annoyance to Facility Owner or other occupants. Occupant agrees not to conduct any business out of any of the Unit(s), nor store any business property (including goods held for sale, business use tools and equipment, and business documents and records), and further agrees that the Unit(s) is not to be used for any type of workshop, for any type of repairs, or for hobby-type activities, or for any sales, renovations, decoration, painting, welding, or other contracting of any nature, or as a public warehouse. Occupant will not store any property within the Facility but outside of the Unit(s). Occupant will not allow any of the Stored Property to protrude outside of the Unit(s). Occupant's obligation of indemnity as set forth in Section 12 below specifically includes any costs, expenses, fines or penalties imposed against Facility Owner, Manager or any of their respective agents, employees or affiliates, arising out of the prohibited use of the Unit(s) by Occupant, Occupant's agents, employees, invitees or guests.
8 HAZARDOUS OR TOXIC MATERIALS PROHIBITED. Occupant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials, nor any other goods in the Unit(s) or elsewhere in the Facility which could cause danger or nuisance to any person, or to the Unit(s) or to any other portion of the Facility. Occupant shall not use any substances or materials in the Unit(s) or in the Facility classified as hazardous or toxic under any local, provincial or federal law or regulation, and shall not engage in any activity which produces such materials. Occupant shall not permit any pets, animals or other organisms (living or dead) in the Unit(s), nor store perishable goods in the Unit(s). Occupant shall not permit any items having a noxious smell in the Unit(s). Occupant will not permit marijuana, controlled substances, prohibited weapons, ammunition, fireworks, explosives, construction debris or automotive oil, gas, diesel or batteries, or stolen or illegal property in any Unit. Occupant's obligation of indemnity as set forth in Section 12 below specifically includes any costs, expenses, fines or penalties imposed against Facility Owner, Manager or any of their respective agents, employees or affiliates, arising out of the possession or use of any such materials by Occupant, Occupant's agents, employees, invitees or guests. Facility Owner may enter the Unit(s) at any reasonable time to inspect the Unit(s) for compliance with this Rental Agreement, and may remove and dispose of any such prohibited items.
9 LIMITATION OF VALUE OF STORED PROPERTY. Occupant agrees not to store property with a total value in excess of $5,000. Nothing herein shall constitute any agreement or admission by Facility Owner or Manager that the Stored Property has any value, or any particular value, nor shall anything lessen or otherwise modify the Occupant’s obligation to maintain insurance on the Stored Property as set forth in Section 10 below.
10 INSURANCE; OCCUPANT HAS THE SOLE RISK OF LOSS.Occupant is responsible for ensuring that a policy of fire, water and weather damage, burglary, vandalism, liability, hazard, malicious mischief and other appropriate insurance for the actual cash value of the Stored Property is in place at all times when stored in its Unit(s). Insurance on the Stored Property is a material condition of this Rental Agreement and is for the benefit of Occupant, Facility Owner and Manager. Occupant assumes all risk of loss to all Stored Property. Occupant expressly agrees that any insurance company providing such insurance shall not be subrogated to any claim of Occupant against Facility Owner, Manager or any of their respective agents, employees or affiliates for loss of or damage to the Stored Property.
11 SPACE RENTAL ONLY; DISCLAIMER OF LIABILITY FOR PROPERTY DAMAGE. No bailment is created by this Rental Agreement. Facility Owner is a landlord renting space for Occupant’s self-service use. Neither Facility Owner nor Manager is a bailor or warehouseman engaged in the business of storing goods for hire, and neither has any safekeeping duties. The exclusive care, custody and control of any and all Stored Property shall remain vested in Occupant, and is stored at Occupant's sole risk. Facility Owner, Manager and their respective agents, employees and affiliates shall not be liable for any loss of or damage to any Stored Property arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, vandalism, fire, smoke, water damage, weather damage (including wind, rain, sleet, snow, ice, tornadoes, hurricanes and floods), heat, cold, humidity, equipment failure, power outages, explosions, mold, mildew, rodents, insects, Acts of God, or the active or passive acts or omissions or negligence of Facility Owner, Manager or any of their respective agents, employees or affiliates.
12 INDEMNITY. Occupant shall indemnify, hold harmless and defend Facility Owner, Manager and their respective agents, employees and affiliates from any and all losses, costs, damages, expenses, claims, demands, actions or causes of action whatsoever (including lawyers’ fees and all costs on a full indemnity basis) that are brought by any person against Facility Owner, Manager and/or their respective agents, employees and affiliates, including for property damage or personal injury or death, arising out of or in any way related to the use or occupation by Occupant (or any person holding or occupying under Occupant) of the Unit(s) or the common areas of the Facility, whether or not caused by compliance or non-compliance by Occupant with any provision of this Rental Agreement.
13 DISCLAIMER OF FACILITY OWNER'S LIABILITY. Facility Owner, Manager and their respective agents, employees and affiliates shall not be liable to Occupant for property damage or personal injury or death arising out of or in any way related to the use or occupation by Occupant (or any person holding or occupying under Occupant) of the Unit(s) or the common areas of the Facility, even if such damage, injury or death is caused by the active or passive acts or omissions or negligence of Facility Owner, Manager or any of their respective agents, employees or affiliates.
14 INSPECTION; FACILITY OWNER'S RIGHT TO ENTER. Occupant hereby grants Facility Owner, Manager and their respective employees or agents access to the Unit(s) upon two (2) days advance written notice to Occupant, in order to inspect the Unit(s). In the event of an emergency, or an urgent requirement for repairs, alterations or improvements (as determined by Facility Owner), or if Facility Owner or Manager reasonably believes that the Unit(s) are being used for purposes, or to store materials, prohibited by this Rental Agreement, no advance notice shall be required. In any such event, Facility Owner may remove any or all of the Stored Property to another unit in the Facility for the purpose of dealing with the emergency or requirement, and may dispose of prohibited materials. If Occupant's is not in default of its obligations under this Rental Agreement, and its lock(s) is destroyed in the course of such inspection, Facility Owner or Manager shall provide, and Occupant agrees to accept as Occupant's sole remedy therefor, a replacement lock of similar kind and quality. Facility Owner may also enter the Unit(s) in the last 30 days of the Rental Term for the purpose of exhibiting the Unit(s) to prospective renters.
15 LAW ENFORCEMENT OFFICERS’ RIGHT TO ENTER. Occupant expressly grants to Facility Owner, Manager and their respective employees and agents permission to give to any law enforcement officer, agent or official, whether federal, provincial or local, upon their request in that capacity, access to any information contained in this Rental Agreement, and access to the Unit(s), in either case where required or demanded by such law enforcement officer, agent or official. Facility Owner, Manager and their respective employees and agents assume no responsibility for the actions of any such law enforcement officer, agent or official that may breach any right that Occupant may have at law, and shall have no obligation to verify the legality or propriety of any such requirements or demands. Occupant shall hold Facility Owner, Manager and their respective employees and agents harmless for any claim Occupant may have against any such officer, agent or official arising out of any search, seizure, inventory, inspection, repossession or other action taken by such officer, agent or official.
16 CONDITION AND ALTERATION OF PREMISES. Occupant assumes responsibility for having examined the Unit(s) and hereby accepts it “AS IS”, and 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 Unit(s). Facility Owner does not promise safety or security of the Facility. Any video cameras or access control devices may malfunction or be unoperational or unmonitored. Should Occupant damage or depreciate the Unit(s), or make alterations or improvements without the prior consent of Facility Owner or the Manager, drill any holes in the Unit(s), place any signs, or remove Facility Owner’s property from any Unit, or otherwise use the Unit(s) in any manner prohibited by this Rental Agreement, or cause Facility Owner or the Manager to incur costs to clean the Unit(s) upon termination, then all costs necessary to restore the Unit(s) to its prior condition (ordinary wear and tear excepted) shall be borne by Occupant. Non-payment of said costs shall entitle Facility Owner and Manager to deny Occupant access to the Unit(s).
17 TERMINATION OF TENANCY; ABANDONMENT. After the first month of the tenancy, Facility Owner or Occupant may terminate this tenancy upon fifteen (15) days prior written notice to the other party. Facility Owner does not prorate rent; only full months' prepaid rent shall be returned to Occupant within thirty (30) days of vacating the Unit(s). Occupant must vacate the Unit(s) completely, and notify the Manager that it has done so. Occupant must remove all contents and debris from the Unit(s), and leave the Unit(s) “broom clean” and in good condition. Occupant must return all pass cards, pass keys, or any other items issued to Occupant for the Unit(s) and the Facility. Occupant is responsible for all damages to the Unit(s) rented by it, or to any other part of the Facility caused by it. If Occupant fails to fully remove the Stored Property from the Unit(s) within the time required, then Facility Owner or Manager, at their option, may without further notice or demand, either directly or through legal process, re-enter the Unit(s) and remove all Stored Property therefrom without being guilty in any manner of trespassing or conversion. This tenancy under this Rental Agreement shall automatically terminate if Occupant abandons the Unit(s). Occupant shall be deemed to have abandoned the Unit(s) if Occupant has removed the contents of the Unit(s), and/or has removed Occupant's lock from the Unit(s) and is not current in all of its payment obligations hereunder. If a Unit has been abandoned, Occupant relinquishes its rights to all contents, and Facility Owner may remove any lock, enter, remove and/or dispose of any or all such contents.
18 PROPERTY LEFT IN THE STORAGE SPACE. Occupant shall remove all Stored Property from the Unit(s) on or before the termination of the tenancy under this Rental Agreement, and following full satisfaction of its obligations under this Rental Agreement. Facility Owner or Manager may, in its discretion, dispose of any or all of the Stored Property left by Occupant in the Unit(s) or in the Facility at any time twenty-four (24) hours or more after the tenancy under this Rental Agreement has terminated. Occupant shall be responsible for paying all costs incurred by Facility Owner or Manager in disposing of such Stored Property.
19 NO CLIMATE CONTROL; NO ELECTRICITY. The Unit(s) are not climate controlled or insulated, and do not have any electrical lighting or electrical receptacles. The temperature in the Unit(s) depends on the outside temperature. The Unit(s) do not provide any internal temperature or humidity control and accordingly will fluctuate. Occupant releases Facility Owner, Manager and their respective agents, employees and affiliates from all liability for damage to the Stored Property from fluctuations in temperature or humidity from any cause including the negligence of Facility Owner, Manager or their respective agents, employees or affiliates. Occupant shall not use any heating, humidifying or cooling devices in the Unit(s).
20 STORAGE OF MOTOR VEHICLES. If any motor vehicle remains stored in the Unit(s) after termination of the tenancy or upon Occupant's default, and in addition to all other rights and remedies available to Facility Owner, Facility Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or for damages caused by such removal, transportation or storage. Occupant acknowledges that he/she has personally been given notice that the vehicle is subject to removal at Occupant's expense. Facility Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this Section.
21 SNOW REMOVAL. Facility Owner will use reasonable efforts to cause snow to be removed in a manner sufficient to allow Occupant access to its Unit(s), but Occupant understands and agrees that such removal may be impossible, impractical or delayed for a period of time due to circumstances beyond Facility Owner’s control, including weather conditions and failure by snow removal personnel or contractors to perform their obligations to Facility Owner in a timely manner, or at all. Facility Owner will have no responsibility to Occupant for Occupant’s inability to access the Unit(s) as a result of such delays.
22 RULES AND REGULATIONS. Facility Owner or Manager shall have the right to establish or change the hours of operation for the Facility and to promulgate Rules and Regulations for the safety, care and cleanliness of the Unit(s) or the preservation of good order in the Facility. Occupant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time.
23 NO SUBLETTING. Occupant shall not assign or sublease the Unit(s) without the written permission of Facility Owner. Facility Owner may withhold permission to sublet or assign for any reason or for no reason, in its sole discretion.
24 NO ORAL AGREEMENTS. This Rental Agreement contains the entire agreement between Facility Owner and Occupant and no oral agreements shall be of any effect whatsoever. Occupant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the Unit(s) for the storage of the Stored Property and that Occupant has made his or her own determination of such matters solely from inspection of the Unit(s) and the Facility. Occupant agrees that he is not relying, and will not rely, upon any oral representation made by Facility Owner, the Manager or by any of their respective agents, employees or affiliates purporting to modify or add to this Rental Agreement.
25 NOTICES FROM FACILITY OWNER. All notices from Facility Owner or Manager shall be sent by certified mail postage prepaid to Occupant's last known address, or to the e-mail address provided by Occupant in this Rental Agreement or pursuant to Section 26. Notices shall be deemed given when deposited with the Canadian Postal Service or when sent by e-mail. All statutory notices shall be sent as required by law.
26 NOTICE OF CHANGES FROM OCCUPANT. Occupant agrees to give written notice to Manager of any change in Occupant's address or e-mail address, any change in liens or security interests on the Stored Property and any material removal or addition of property to or out of the Unit(s) within ten (10) days of the change. Occupant understands that he/she must personally deliver such notice to Manager or mail the notice by certified mail postage prepaid to Manager at the Facility address set forth above.
27 CHANGES TO RENTAL AGREEMENT. All terms of this Rental Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Occupant. If changed, Occupant may terminate this Rental Agreement on the effective date of the change by giving Facility Owner or Manager ten (10) days prior written notice to terminate after receiving notice of the change. If Occupant does not give such notice, this Rental Agreement shall be thereby amended and the change shall become effective and apply to his or her occupancy.
28 REPRESENTATIONS; NO WARRANTIES AS TO SUITABILITY OR FITNESS. Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement is true, accurate and correct and Occupant understands that Facility Owner and Manager are relying on Occupant's representations. No expressed or implied warranties are given by Facility Owner, Manager or any of their respective agents, employees or affiliates as to the suitability of the Unit(s) for Occupant's intended use. Facility Owner and Manager each disclaims, and Occupant waives, any implied warranties of suitability or fitness for a particular use.
29 SUCCESSION. All provisions of this Rental Agreement shall apply to and be binding upon all successors in interest, assigns or representatives of the parties hereto.
30 SEVERABILITY. If any part of this Rental Agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all the remaining parts of this Rental Agreement will be valid and enforceable.
31 DEFAULT; ENFORCEMENT; LAWYER’S FEES. If Occupant is in default of payment of any amount under this Rental Agreement for a period of thirty (30) days or more, or is otherwise in default of any other provision of this Rental Agreement for a period of 5 days after notice to the Occupant of such default and requiring it to be rectified (which notice need not be in writing), Facility Owner shall thereupon have the right to take immediate possession of the Rental Property, and may relocate it from the Unit(s) to such other location within the Facility or a reasonable proximity of the Facility as Facility Owner determines in its sole discretion. Facility Owner shall also have the right to enforce overdue payments by initiating court enforcement actions or by exercising any other any rights, remedies or actions as are permitted by law, including by enforcing its lien, possession, sale and other rights available to it under this Rental Agreement or any other legislation applicable to the relationship established by this Rental Agreement. Failure by Facility Owner to enforce one or more of its remedies will not constitute a waiver of any default or other contravention of this Rental Agreement.
If Facility Owner or Manager retains the services of a collection agency or lawyer to recover any sums due from Occupant under this Rental Agreement, or for any enforcement action or recovery relating to the breach by Occupant of any other term, representation, covenant or condition herein, or in defense of any demand, claim or action brought by Occupant for any reason other than a proven default by Facility Owner (as determined by a final judgment of a court of competent jurisdiction), Occupant agrees to pay to Facility Owner or Manager the reasonable legal and enforcement costs, expenses and fees incurred by Facility Owner or Manager in any such action (including legal fees, disbursements and taxes on a full recovery basis).
32 INTEREST ON OVERDUE AMOUNTS. On demand by Facility Owner, Occupant shall pay simple interest on all overdue amounts under this Rental Agreement calculated from the date such amount is due until the date paid by Occupant, at the variable rate of interest quoted by Royal Bank of Canada as the reference rate of interest which it employs to determine the interest rate it will charge for demand loans made by it in Canadian dollars to its customers in Canada and which it designates as its prime rate, plus 2% per annum.
33 FINANCIAL INFORMATION. Neither Facility Owner nor Manager warrants or guarantees that any of Occupant's financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Facility Owner, Manager and their respective agents, employees and affiliates for damages arising from the use of said information by others.
34 GOVERNING LAW/JURISDICTION AND VENUE. This Rental Agreement and any actions between the parties shall be governed by the laws of British Columbia. Sole jurisdiction and venue for any suits involving this Rental Agreement will be in the local jurisdiction where the Facility is located.
NOTICE TO OCCUPANT: Please do not sign this Rental Agreement before you read it and fully understand the terms and conditions contained herein. Please keep a copy of this Rental Agreement to understand and protect your legal rights. Occupant acknowledges by signing this Rental Agreement that he/she has read, understood and accepts all terms and conditions in this Rental Agreement. If you have any questions concerning its legal effect, please consult your legal advisor.
IN WITNESS WHEREOF the Parties have signed this Rental Agreement.
OCCUPANT:____________
AVIATOR BUSINESS PARK INC.
AVIATOR BUSINESS PARK INC.
Jade Nielsen
President
President