4.) If payments set forth by LRM are delinquent, LRM may, after three days, deny the Customer access to property in the rented space. A late fee of $15.00 on invoice(s) will be assessed to the Customer after the seventh day of delinquency. The Customer will continue to be denied access to the storage property until all charges, fees and assessments are paid in full (checks must be cleared before access). Customer's removal of storage property temporarily does not exempt the Customer from paying rent. Rent is for the right to the storage space, whether used or not. LRM will access and Customer will pay a $35.00 service charge for each check returned by the bank.
5.) USE OF STORAGE SPACE: The Customer will not store in the storage space any personal property to which any other person has any right, title or interest. Customer will not store any of the following: Food or perishable goods; flammable materials excepting oil and fuel in proper and lawful containers in good condition; explosives or other inherently dangerous or noxious material; any property which would result in the violation of any governmental law or regulation. Customer shall not assign the storage space or any portion thereof.
6.) LIMITATION OF LRM LIABILITY: The Customer agrees that LRM, its officers, employees and/or agents are free from liability for any damage to or loss of any property being stored, or any injury received by Customer at the storage site regardless of the cause, excepting a reckless or intentional act. Customer releases LRM and its officers, employees and/or agents for any and all loss or damage to property being stored in the storage space or for any personal injury to Customer. Customer will not make any claim for loss or damage to said property or for personal injury against LRM, its officers, employees and/or agents and will hold LRM harmless for any such loss, damage or liability and shall fully indemnify LRM for any such liability. Lake Road Marine makes no warranties reguarding the storage space.
7.) INSURANCE: The Customer is solely responsible for maintaining an insurance policy with full coverage for all property stored in the storage space against fire, theft, vandalism, malicious mischief or any damage by any and all causes except by reckless or intentional acts committed by LRM, its officers, employees and/or agents. LRM does NOT provide insurance coverage on any property stored by Customer. Customer stores property solely and completely at his/her own risk. All Customers without insurance for their stored property shall be considered by the parties hereto as "self-insured" and are solely responsible for any and all losses that may occur. Customer releases LRM and its officers, employees and/or agents for any and all loss or damage to property being stored in the storage space and for any injuries to Customer incurred at the storage site. Customer will not make and claim for loss or damage to said property or for injuries received by Customer at the storage site against LRM, its officers, employees and/or agents and will hold LRM harmless for any such loss, damage or liability and shall fully indemnify LRM for any such liability.
8.) RIGHT TO ENTER: Customer agrees that the LRM and/or other representatives (including police, fire departments, and other governmental authorities) may enter the storage premises for the purpose of examining the storage space and property, or making repairs/alterations and taking any action necessary for the safety and the preservation of the property and facility and to secure compliance with all applicable laws.
9.) SECURITY OF CUSTOMER'S PROPERTY: LRM recommends the Customer lock all areas of the boat including trailer hitches and locking-up or removing items that can be easily removed.
10.) ABANDONMENT: The Customer grants LRM the right to consider the storage space and the property stored in said space "abandoned" if the Customer fails to pay the storage fee within sixty days from the invoice date. Customer grants LRM the option to sell the abandoned property in a commercially reasonable manner and any proceeds from such sale will be used to pay all storage charges due, liens, fees and costs incurred including those incurred by the selling the abandoned property, and legal fees. Customer shall also be charged and shall pay interest on the storage fee and any other amounts not timely paid at 18% per month. It is understood that any and all rent, liens, fees, costs and expenses and accruing 18% interest per month, relating to the storage, auction, sale and/or disposal of the property not covered by sale proceeds received will be the responsibility of the Customer. These rights are in addition to and are not in lieu of any rights or methods provided by the laws of the Commonwealth of Pennsylvania.
11.) MODIFICATION OF AGREEMENT: No modification of this Agreement, including additions, deletions, waivers or changes are permitted except by a signed writing by the parties.
12.) CAPTIONS AND INTEGRATION: The captions herein are only for convenience and in no way define, limit or describe the scope or intent of this Agreement or any of the provision hereof. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein.
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