9) LOSS AND DAMAGE: The Container(s) shall be at the sole risk of the Lessee. In the event the Container(s) shall become lost, stolen, destroyed or damaged beyond repair for any reason or in the event the Container(s) shall be confiscated, forfeited or seized by any person or by any duly constituted authority, Lessee will immediately replace the Container(s) by providing Lessor with title to a replacement Container(s) satisfactory to Lessor of equal value and free of any encumbrance. For such purpose, the fair value of the Container(s) shall be as determined by Lessor, acting reasonably.
10) RELATIONSHIP OF THE PARTIES; STORER’S LIEN: It is the express understanding and agreement of the parties that no bailment or deposit of goods for safekeeping is intended or created hereunder. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including without limitation, warehouseman laws, or other laws
pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Rental Agreement. Notwithstanding the foregoing, the parties agree that the Lessor is entitled to claim for a lien for payment of all charges under this Rental Agreement.
11) LIMITATION OF LIABILITY: Lessor and Lessor’s agents and employees will have no responsibility to Lessee or to any other person for any loss, damage, claim, liability or injury or death from any cause, including, without limitation, Lessor’s and Lessor’s Agents active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Lessor’s fraud, willful injury or willful violation of law. In no event shall the Lessor be liable for any direct or indirect, special or consequential damages, including, without limitation damages for lost profits, business interruption, loss of data or other economic loss arising out of Lessee’s use of or inability to use the Container(s).
12) PLACEMENT OF CONTAINER: Lessee understands that placement area shall have adequate width, depth and height clearance and maneuvering space. Lessee’s use and placement of the Container(s) may be subject to provincial, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules for which Lessee assumes full responsibility for any fines and/or penalties. Lessee authorizes Lessor to 1) Drive on Lessee’s lawn or other non-paved area in order to place the Container(s) in the area designated by Lessee or to place the Container(s) in an area lacking adequate clearance, or 2) Drive on a paved surface. In either case Lessee assumes full risk for all damage resulting from the placement of the Container(s) and relieves Lessor from any responsibility for such damage. Additionally, Lessee acknowledges that Lessor recommends against driving on Lessee’s lawn or non-paved, and certain paved, areas.
13) RETURN OF CONTAINER: At the expiration of the term of the Rental Agreement or upon earlier termination of this Rental Agreement for any reason including, without limitation, non-payment by Lessee, Lessee shall deliver up possession of the Container(s) to Lessor at the Lessee's address specified in the Invoice(s). If Lessee fails to do so, or to remedy any default under this Rental Agreement, within five (5) days, Lessor shall have the right to enter upon the premises where the Container(s) may be and take possession of the Container(s) at Lessee's expense, with or without legal process. Lessee hereby waives any claims for damages which it might otherwise have by reason of any such entry, taking or removal. If the Container(s), when returned to or recovered by Lessor, is not in good condition and repair, Lessor may make all repairs and replacements necessary to place the Container(s) in as good condition as it was at the Commencement Date, reasonable wear and tear alone excepted, and Lessee shall pay the cost of such repairs and replacements upon demand as additional rent.
14) TIME OF ESSENCE, HEADINGS: Time is of the essence of this Rental Agreement. Insertion of headings in this Rental Agreement are for ease of reference only and do not constitute part of the Rental Agreement.
15) ENGLISH LANGUAGE: The parties hereto agree that this document be written in the English language. Les parties aux presentes conviennent a ce que ce document sont redige dans la langue anglaise.
16) GOVERNING LAW: This Rental Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick.
CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT.