8. Insurance: Owner does not provide any type of insurance which would protect the Occupant's personal property from loss by fire, theft, or any other type of casualty loss. It is the Occupant's responsibility to obtain such insurance. The Occupant, at the Occupant's expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature for the actual cash value of the stored property. Insurance on the Occupant's property is a material condition of this agreement. Occupant shall make no claim whatsoever against the Owner's insurance in the event of any loss. The Occupant agrees that its insurer may not subrogate against the Owner in the event of loss or damage of any kind or from any cause.
9. Release of liability for property damage: No bailment is created by this rental agreement. Owner is not a warehouseman engaged in the business of storing goods for hire. The exclusive care, custody and control of any and all personal property stored in the space shall remain vested in the Occupant, and all property stored within or on the space by Occupant or located at the facility by anyone shall be stored at Occupant's sole risk. Neither Owner nor its respective agents, employee or affiliates shall be liable for any loss of or damage to any personal property in the space or at the facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, mold, mildew, rodents, acts of God, the active or passive acts or omissions or negligence of the Owner or the malfunction of any type of climate control system installed by Owner.
10. Rules and regulations: Owner 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 space 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.
11. Owner's right to enter: In cases where the Owner considers it necessary to enter the space for purposes of examining the space for violations of this agreement or conditions in the space, or for making repairs or alterations thereto, or to otherwise comply with this agreement, the Occupant agrees that the Owner, or the Owner's representative, shall have the right without notice to enter into the space and to remove contents to another space, and continue to store such contents at the sole cost and expense of the Occupant.
12. Notice of lien: Owner shall have a lien on all personal property stored in the space for rent, labor or other charges, present and future, in relation to the personal property and the expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to the "ILLINOIS SELF SERVICE STORAGE FACILITY ACT" 770 ILCS 95/1-95/7.10. The lien provided hereunder attaches as of the date that the personal property is brought to the premises. In addition to all other remedies available at law or in equity, Owner may enforce its lien by selling or otherwise disposing of the personal property stored in the space (including but not limited to on-line sales In no event shall the Owner's liability exceed the proceeds of the sale. This lien covers any personal property which Occupant stores in the space, even if it is owned by someone else. If the property upon which the lien is claimed is a vehicle or watercraft, and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days, the Owner may have the property towed from the self-service storage facility. If any property remains unsold after foreclosure and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.
13. Condition and alteration of the space: Occupant assumes responsibility for having examined the premises and hereby accepts it as being in good order and condition. Occupant understands that all unit sizes are approximate and enters into this agreement without reliance on the estimated size of the storage space. Should Occupant damage or depreciate the Space, or make alterations or improvements without the prior consent of the Owner, then all costs necessary to restore the Space to its prior condition shall be borne by Occupant. Owner has the right to declare any such costs to repair as "rent" and non-payment of said costs to entitle Owner to deny Occupant access to the Space.
14. Locks: Owner shall have the right to assume that possession of a key and gate code is evidence of authority to enter Occupant's space. Should Occupant appoint another person or entity to enter the space, Occupant shall be responsible for the conduct of such person or entity. In the event such lock is rendered ineffectual for its intended purpose from any cause, or the space is rendered unsecure in any manner, Owner may, at its sole option, take whatever measures are deemed reasonably necessary by Owner to re-secure the access to Occupant's space. If Occupant loses the key to their lock, the lock may be removed by the Owner only in the presence of the Occupant with valid ID. Occupant is responsible for LOCK CUT FEE, stated above.
15. Military: In order to comply with service members civil relief act it is Occupant's obligation to notify the Owner in writing that Occupant and any Occupant family member storing goods at the facility are in active military service, in order to determine Occupant's qualifications under this act. If Occupant's military status or Occupant's family member's military status changes, Occupant is required to notify the Owner in writing of this change immediately.
16. Notices from Owner: All notices from Owner shall be sent by first class mail postage prepaid to Occupant's last known address or to the electronic mail address provided by the Occupant in this rental agreement. Notices shall be deemed given when deposited with the U.S. Postal service or when sent by electronic mail. All statutory notices shall be sent as required by law. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant and provide Occupant with any written notices authorized or required under this Agreement or by applicable law via electronic mail.
17. Notices from Occupant: Occupant represents and warrants that the information Occupant has supplied in this rental agreement is true, accurate and correct and Occupant understands that Owner is relying on Occupant's representations. Occupant agrees to give written notice to Owner of any change in Occupant's address, any change in the liens and secured interest on Occupant's property in the space and any removal or addition of property to or out of the space within ten (10) days of the change. Occupant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the facility address set forth above or by e-mail only if e-mail is acknowledged by Owner.
18. Changes: 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, the Occupant may terminate this rental agreement on the effective date of the change by giving Owner ten (10) days prior written notice to terminate after receiving notice of the change. If the 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.
19. Termination: This agreement shall continue from month to month unless the Occupant or Owner delivers to the other party a written notice of its intention to terminate the agreement at least five (5) days prior to the end of the then current rental period. Owner may immediately terminate Occupant's lease if Occupant is in breach of the agreement. Upon termination of this agreement, the Occupant shall remove all personal property from the space (unless such property is subject to the Owners' lien rights as referenced herein) and shall deliver possession of the space to the Owner on the day of termination. Occupant agrees that unit shall be left in a broom-swept condition. If the Occupant fails to fully remove its property from the space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Occupant's space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. All items, including boxes and trash left in the space or on the property after vacating will be deemed to be of no value to the Occupant and will be discarded by the Owner at the expense of the Occupant. Occupant agrees to pay all costs incurred by the Owner for said cleanout and/or repair, or Owner may use a collection agency to collect unpaid invoices if Occupant has moved out.
20. Abandonment: This agreement shall automatically terminate if the Occupant abandons the space. The Occupant shall be deemed to have abandoned the space if the Occupant has removed the contents of the space and/or has removed the Occupant's locking device from the space and is not current in all obligations hereunder. Abandonment shall allow the Owner to remove all contents of the space for disposal. Occupant hereby waives and releases any claims or actions against Owner for disposal of personal property resulting from Occupant's abandonment. Rent prepaid for any period in which the Occupant moves out early shall not be refunded.
21. Attorney's Fees: In the event the Owner retains the services of an attorney to recover any sums due under this rental agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney's fees incurred in any such action.
22. Financial information: If Occupant has provided its credit card or checking information, Owner does not warrant or guarantee 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 Owner and its respective agents, employees and affiliates for damages arising from the use of said information by others.