OFFICE SPACE RENTAL AGREEMENT
THIS OFFICE SPACE RENTAL AGREEMENT (this “Rental Agreement’), made and entered into by and among ____________________________ d/b/a STORAGE XXTRA© (hereinafter designated as “Landlord”) and ____________________ (hereinafter designated as “Tenant”). WITNESSETH THAT: WHEREAS, Landlord is the owner of a self storage/office facility and the real estate on which it is located which is known and identified by its address as ______________________________________, and more particularly described in the deed(s) of record in favor of Landlord which are incorporated herein by this reference (the Property”); and WHEREAS, Tenant desires to rent from Landlord one or more of the office suites located on the Property. NOW, THEREFORE, Landlord and Tenant, in consideration of the mutual, several and reciprocal covenants herein expressed, do agree as follows: 1. Premises. Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the office suite known and identified as Suite ______, a _______ square foot space, located on the Property (the “Premises’). 2. Term. The term of this Rental Agreement shall be month to month, with the first month commencing on _______________, and ending on the same date of the next calendar month. Either party may terminate this Rental Agreement at any time and for any reason upon giving the other party thirty (30) days advance written notice. 3. Rental. Tenant hereby agrees to pay Landlord rental each month of $_______, without deduction, offset or prior notice or demand, in advance, on the same day of the month as the day of the commencement date of this Rental Agreement. Rental for the first month of the term shall be due and payable upon Tenant’s execution of this Rental Agreement. Notwithstanding any term or condition of this Rental Agreement to the contrary, in the event Tenant pays and Landlord accepts rents in advance for any period of time beyond the current monthly term, Landlord and Tenant shall both be entitled to terminate this Rental Agreement at any time in accordance with Section 2, above, and Landlord shall return such prepaid rent to Tenant, less any amounts that Tenant may owe hereunder at the time of termination and Tenant’s vacating the Premises. The payment and acceptance of any advance rents shall not create any term beyond a month to month term. Landlord may in its discretion, change the amount of rent due each month hereunder upon giving Tenant no less than 30 days advance written notice. In the event any rental payment or other charge due hereunder by Tenant is not received by Landlord within seven (7) days of the date it becomes due, Tenant shall automatically incur a late charge equal to ten per cent (10%) of any such payment, which late charge shall be due and payable immediately and without further demand. All payments due hereunder are to be made at the office of Landlord at ___________________________________________, or such place as Landlord may from time to time designate in writing. 4. Title and Quiet Enjoyment. Landlord hereby covenants, represents and warrants that Landlord is lawfully seized of the Premises; that Landlord has the full, unrestricted and exclusive right and power to rent the Premises to Tenant for the term and upon the provisions contained in this Rental Agreement; and that upon the commencement of the term of this Rental Agreement, Landlord will put, and will thereafter keep, Tenant in quiet and peaceful possession thereof during the term of this Rental Agreement subject to Tenant’s complying with the provisions of this Rental Agreement on its part to be performed. 5. Condition of Property. Landlord agrees to deliver possession of the Premises to Tenant in good order and repair; and Landlord shall, at its own cost and expense, maintain and keep in good repair the foundations, roof, exterior walls (excluding all glass) and wiring enclosed in exterior walls, wiring enclosed in the central utility duct, plumbing and duct work located within the central utility duct, common walkway, exterior security lights, heating and air conditioning, except that the cost of any such repairs which result from the negligence or willful act of the Tenant, its customers, licensees, agents, servants or employees shall be borne by Tenant. It is further agreed, as a condition precedent to the obligations of Landlord to repair and maintain the Premises as aforesaid, that Tenant shall notify Landlord, in writing, of the need of such repairs. Tenant shall be responsible for any modifications necessary for Tenant’s occupancy of the Premises. 6. Tenant’s Maintenance, Repair and Care of Premises. Tenant agrees to accept the Premises as delivered and to keep and maintain the entire Premises in good repair (except that specifically set forth in the immediately preceding paragraph) to include, without limiting the generality of the foregoing all electrical outlets, lighting fixtures, plumbing and plumbing fixtures, all plate and other glass in the Premises and the interior of the Premises during the term of this Rental Agreement. Tenant agrees that it will surrender the Premises to Landlord in as good a condition as the same existed at the commencement of the term hereof, ordinary wear and depreciation excepted. Upon the failure of Tenant to keep the Premises in good repair and to return same to Landlord as provided for herein, Landlord may, in its discretion, make such repairs to the Premises for and on behalf of Tenant, and Tenant agrees to pay Landlord the cost of such repairs as additional rental due hereunder upon demand. Tenant does further agree that it shall maintain the Premises in a clean and orderly manner and free from noxious odors, fumes or gases and smoke and shall not permit loud or disturbing noises or vibrations to emanate from the Premises. Tenant further agrees to comply with all reasonable regulations adopted or which may be adopted by the Landlord with regard to sanitation, handling of trash and debris, loading and unloading trucks and other vehicles, safety and security against fire and theft, vandalism, personal injury and other hazards and for elimination of other misuse of the walkways, parking lots and any other common areas of the facility. 7. Subletting. Tenant shall have no right to sublet any part of the Premises and Tenant shall have no right to assign this Rental Agreement. 8. Use of Premises. Tenant agrees that the Premises shall be used solely for office use. The Premises shall not be used for any illegal purposes, and its use shall be conducted in full compliance with all applicable governmental laws, ordinances, orders, rules and regulations. Tenant shall not otherwise make any use of the Premises so as to create a nuisance as determined in Landlord’s sole judgment, or trespass; nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises and the facility of which it is a part. Without intending to limit the prohibited uses of the Premises, Tenant shall not use the Premises for residential purposes, shall not allow dogs, cats, birds or any other type of pets or animals on the Premises without the Landlord’s prior written consent in Landlord’s sole discretion and Tenant shall not allow music to be played on the Premises that is audible outside the Premises. In addition to any other rights and remedies available to Landlord under the terms of this Lease and notwithstanding the provisions of Section 17 that require notice and opportunity to cure non-monetary default, in the event of a breach of the terms of this Section 8, Landlord may terminate this Lease immediately and without prior notice to Tenant or opportunity to cure. 9. Walkways and Parking Areas. Landlord agrees that Tenant and its employees, agents and customers shall have the nonexclusive right in common with other tenants of the Property to use all streets driveways, walkways, and parking areas adjoining the Premises. Tenant agrees to comply with all reasonable rules and regulations Landlord has adopted and which may be amended from time to time in Landlord’s sole discretion, in connection with the use of the common areas of the Property. Landlord agrees to repair and maintain the common areas of the Property at its own cost and expense, except in the event of damage caused by Tenant, its agents, servants, employees or contractors, in which case Tenant shall pay for the cost of repair 10. Equipment, Installation and Fixtures. Tenant agrees that it shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord, which consent Landlord may give or withhold in its sole discretion. It is agreed that any alterations, additions or improvements made to the Premises will, upon the expiration or earlier termination of this Rental Agreement, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant to remove any such alterations, additions or improvements and return the Premises to the same condition as existed at the commencement of this Rental Agreement, ordinary wear and tear excepted. Tenant shall be solely responsible for providing and installing in the Premises all fixtures, furnishings and equipment necessary for its use of the Premises. All such fixtures, furnishings and equipment shall be of first quality and commensurate in appearance and in keeping with the building of which the Premises is a part and Tenant shall maintain same in good order, condition and repair at its own expense during the term of this Rental Agreement. It is further agreed that upon termination of this Rental Agreement for any reason all furnishings, fixtures and equipment installed in the Premises shall be removed by Tenant and Tenant shall, at its sole expense, repair all damage to the Premises resulting from the removal of such furnishings, fixtures and equipment. In the event Tenant fails to make any such repairs, Landlord may make such repairs and Tenant shall reimburse Landlord for Landlord’s costs immediately upon demand. In no event shall Tenant be allowed to install or place any fixtures, furnishings or equipment outside of the Premises. 11. Signs. Landlord shall notify Tenant of signage criteria and location. Tenant agrees that it shall not erect, install or maintain any sign on the exterior of the Premises or upon any part of the building of which the Premises are a part (to include any glass or plate glass area) without prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole discretion. It is further agreed that Tenant shall not display upon any portion of the Premises or the building of which it is a part, including any window glass, any writing or other advertising material visible from the exterior of the Premises. 12. Indemnification by Tenant. Tenant shall indemnify and hold harmless Landlord against and from any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys fees) of any kind whatsoever (collectively referred to as “Damages”) incurred by Landlord and arising out of or in any way related to Tenant’s use of the Premises, and Tenant shall further indemnify and hold harmless Landlord against any and from all Damages incurred by Landlord and arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Rental Agreement, or arising from any act, neglect, negligence, fault or omission of the Tenant, or of its agents, employees, contractors or invitees, and from and against all Damages incurred by Landlord in connection with any such claim or any action or proceeding arising therefrom. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damages to property or injury to persons in, or about the Premises from any cause whatsoever, except that which is caused by the failure of Landlord to perform any maintenance or repairs required of it hereunder within a reasonable time after receipt of written notice from Tenant of the need for such maintenance or repair, or which arises solely from the gross negligence or intentional misconduct on the part of Landlord, its servants, agents, employees or contractors. The indemnity obligations of the parties herein shall survive the termination of this Rental Agreement for any reason. 13. Insurance. Tenant agrees for the entire term of this Rental Agreement at its own expense to obtain and maintain general liability insurance with a company or companies authorized to do business in the State of Georgia and approved by Landlord, insuring Tenant against injury or claims of injury to person or persons and damage or claims for appurtenances thereof. Said insurance shall be in the minimum amount of Five Hundred Thousand Dollars ($500,000.00) in the event of personal injury or death arising out of any one occurrence and Five Hundred Thousand Dollars ($500,000.00) for damage to property arising out of any one occurrence, such limits to be for any greater amounts as may be reasonably indicated by circumstances from time to time existing. Such policy or policies shall name Landlord and its property manager as additional insureds. Tenant agrees at its own cost and expense to maintain and keep in force during the term of the Agreement “plate glass insurance” on all plate glass on the Premises to the extent of the replacement value thereof, and such insurance shall name Landlord as an additional insured. Tenant agrees at its own cost and expense to maintain and keep in force during the term of this Rental Agreement insurance on all leasehold improvements, fixtures, furnishings, equipment and other personal property of Tenant (whether in, on or about the Premises) to the extent of the full insurable value thereof against loss or damage by fire to include extended coverage. Tenant acknowledges and agrees that Landlord shall have no duty or obligation to provide insurance against loss or damage for Tenant’s leasehold improvements, fixtures, furnishings, equipment and other personal property. Tenant agrees that if its use of the Premises in any way results in the increase of the rate of fire insurance upon the Premises or upon the building of which the Premises are a part, over the rate existing for the same amount of coverage to Landlord as of the date of this Rental Agreement, or the same rate existing at any time during the term hereof for the use of the Premises, then Tenant agrees, upon receipt of written notice thereof from Landlord, to pay Landlord as additional rental each year a sum equal to the increase in the annual premium of such insurance. Tenant agrees to furnish Landlord copies of the insurance policies required to be maintained by Tenant or certificates thereof prior to Tenant taking possession of the Premises and thereafter from time to time whenever requested by Landlord. Said insurance policy shall provide that it may not be canceled or altered without twenty (20) days prior written notice to Landlord. Landlord and Tenant agree, provided such agreement does not invalidate or prejudice any policy of insurance, that, in the event the Premises, or the fixtures or contents therein, are damaged or destroyed by fire or other casualty that is covered by insurance of the Landlord or the Tenant, the rights, if any, of Landlord or Tenant, as the case may be, against the other or the agents, servants, employees, invitees or contractors of the other, with respect to such damage or destruction and with respect to any loss resulting therefrom, including the interruption of the business of any of the parties, are hereby waived to the extent of the coverage of said insurance. Landlord and Tenant also agree that all policies of fire, extended coverage, business interruption and other insurance covering the Premises, or the contents, fixtures and improvements therein shall, if obtainable, contain a clause or endorsement providing in substance that the insurance shall not be prejudiced if the assureds have waived right of recovery from any person or persons prior to the date and time of the loss or damage. 14. Fire and Casualty. If at any time during the term of this Rental Agreement, the Premises or the building of which it is part should be damaged or destroyed by fire or other casualty such that Tenant is unable to continue to use and occupy the Premises then Landlord or Tenant shall have the privilege of terminating this Rental Agreement by giving written notice to the other within five (5) days from the date of the event causing such damage. If either party terminates this Rental Agreement, any advance rents covering the period of time after the date of such damage shall be refunded to Tenant, less any amounts then owed by Tenant to Landlord. If neither party exercises its right to terminate this Rental agreement as provided above, the rents due hereunder shall abate for the remainder of the current monthly term until repairs are made and the Premises are suitable for occupancy once again, subject to either party’s right at any time to terminate this Rental Agreement on thirty days notice as set forth in Section 2, above. 15. Condemnation. If the whole of the Premises, or such portions thereof as would make the Premises unusable for the purpose for which the Premises is rented, shall be appropriated, condemned or taken pursuant to a power of eminent domain by any public or quasi-public authority, then this Rental Agreement shall terminate as of the date when title is taken by said public or quasi-public authority and the rental due from Tenant for the month in which such event occurs shall be pro rated as of such date. All damages awarded for the taking of said Premises, or any part thereof, shall be payable to and be the property of Landlord. Tenant shall be entitled to pursue any separate claims Tenant may have for damages suffered by Tenant arising out of any such condemnation. 16. Death, Bankruptcy or Insolvency of Tenant or Guarantor. The term “Tenant” as used in this Paragraph 16 shall also include any Guarantor of this Rental Agreement and the term (s) of this Paragraph 16 shall apply to the Tenant and any Guarantor (s), jointly and severally. If at any time during the term of this Rental Agreement, Tenant is adjudicated as bankrupt or a petition for reorganization or arrangement under any applicable federal or state laws is filed against Tenant and shall not be dismissed within fifteen (15) days from the date of such filing, or if Tenant has filed a petition to be adjudicated as bankrupt, or if the interest of Tenant in the Premises be taken over or sequestered by a trustee or any person pursuant to judicial proceedings, or if Tenant makes an assignment for the benefit of creditors, then the occurrence of any such act shall be deemed, at the option of Landlord, to constitute a default under this Rental Agreement by Tenant. Landlord, at its election, may terminate this Rental Agreement in the event or occurrence of any of the events enumerated herein immediately and without notice to Tenant or to the assignee, trustee or other such person appointed by order of any court, and thereupon Landlord may enter the Premises and take possession of the same. Such re-entry by Landlord shall not be construed as a waiver of any of its rights to rental that may be due or become due under the terms of this Rental Agreement prior to the date of such termination. In the event of the death of Tenant, Landlord, at its election, may terminate this Rental Agreement by giving not less than ten (10) days written notice thereof to the administrator or executor of the estate of Tenant and take possession of the Premises. Such re-entry by Landlord shall not be construed as a waiver of any of its rights to any rents that may be due or become due under the terms of this Rental Agreement prior to the date of such termination. 17. Default of Tenant. In the event Landlord fails to receive payment of any rental or any other charges payable to Landlord hereunder, or any part thereof, within seven (7) days from its due date or shall Tenant fail to comply with any of the rules or regulations promulgated by Landlord as provided for herein or the covenants and agreements herein specified to be fulfilled by Tenant, or if any waste be committed or damage be done upon or to the Premises, and Tenant fails to cure any such non-payment default within fourteen (14) days after the date of written notice from Landlord of the same, or in the event Tenant vacates the Premises or abandons same, then Landlord may, at its option and without further notice: Without terminating this Rental Agreement enter into and take possession of the Premises, without process of law and remove any and all of Tenant’s property and re-let the Premises; or (2) Terminate this Rental Agreement immediately and without notice to Tenant whereupon Tenant, upon demand, shall immediately surrender possession of the Premises to Landlord and shall remove all of Tenant’s property therefrom. In such event, Landlord shall have the right to re-enter said Premises, repossess the same and remove all persons and property therefrom, without process of law and without any liability to Tenant for any damages whatsoever. No termination of this Rental Agreement prior to the normal expiration hereof shall prejudice Landlord’s right to collect rental for the period prior to the termination hereof, nor prejudice Landlord’s right to collect for any cost to repair any damages to the Premises and any costs and expenses incurred by Landlord in connection with retaking possession and/or the re-rental of the Premises. Tenant hereby releases Landlord from any and all claims, demands, damages, costs or expenses incurred or suffered by Tenant as a result of or for Landlord exercising its rights hereunder in taking possession of the Premises in accordance with the terms of this Paragraph 17. Tenant expressly agrees that Landlord may change the locks to the Premises in connection with Landlord’s taking possession thereof and such action shall not be considered a breach of the peace or otherwise serve as a basis for any adverse claim by Tenant against Landlord. In the event it becomes necessary for the Landlord to repair any damages to the Premises or to remove any of Tenant’s alterations or improvements after exercising its rights hereunder in order to re-let the Premises, Tenant’s obligation shall be to reimburse the Landlord for its costs incurred in the performing such tasks. Tenant agrees to pay Landlord its reasonable attorney’s fees and expenses incurred as a result of Tenant’s defaults hereunder, including, but not limited to, Tenant’s failure to pay any amounts owed hereunder that are collected by or through an attorney, whether or not suit is filed against Tenant. Tenant expressly waives all exemptions secured to Tenant under the laws of the State of Georgia or any state of the United States of America against collection of any debt herein or hereby incurred. Tenant acknowledges that Tenant has entered into this Rental Agreement solely for commercial purposes. Tenant hereby grants, conveys and pledges to Landlord a security interest in and to any and all personal property within the Premises as security for the payment of any rents or other amounts that come due hereunder from time to time. Upon Tenant’s default hereunder, Landlord shall have all remedies of a secured party under the Georgia Uniform Commercial Code and all rights, remedies and privileges otherwise granted by law and in equity with respect to such security interest, including, but not limited to, the right to take possession of such personal property and dispose of the same in a commercially reasonable manner, at public or private sale. If any notification of intended disposition of any of such personal property is required by law, such notification shall be deemed reasonable and properly given if in writing, signed by Landlord and delivered to Tenant by any means provided under Section 23 of this Rental Agreement at least ten (10) days before any such intended disposition. In addition, Tenant agrees that notice of sale by publication in a newspaper of general circulation within the county in which the Premises is located and in which legal advertisements are published, no less than once a week for two weeks advertising a public sale of any such personal property no sooner than 15 days after the first date of publication, shall also be deemed to be commercially reasonable and proper notice to Tenant. Tenant represents and warrants that Tenant has good and marketable title to all personal property maintained by Tenant within the Premises and that the same is free and clear of any leases, liens or encumbrances, except as Tenant may notify Landlord of in writing from time to time during the term of this Rental Agreement. Any such written notification of any other interest in any such property shall specifically identify such property and contain the name, address and telephone number of the party who holds such other interest and the type of such interest held by such party. In addition to the rights and remedies of Landlord provided above as a secured creditor of Tenant, in the event of Tenant’s abandoning the Premises during the term of this Rental Agreement, or, if after the expiration or earlier termination of this Rental Agreement for any reason Tenant shall have left any property within the Premises and failed to remove the same within five (5) days after written notice from Landlord, Tenant agrees that Tenant shall be deemed to have abandoned the same and Landlord shall have the right to take possession of all such property found within the Premises and sell or otherwise dispose of any such property so abandoned by Tenant in such manner as Landlord may choose, and to retain the proceeds thereof. Tenant hereby authorizes Landlord to dispose of any such property in Landlord’s or Tenant’s name and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact for the purpose of transferring title to any such property upon Landlord’s sale or disposal thereof and to execute any and all bills of sale or other documents in Tenant’s name for the purpose of transferring title to the same. This power of attorney is coupled with an interest and may not be revoked for any reason, including, but not limited to, the death or incapacity of Tenant or the expiration or termination of this Rental Agreement. Said power of attorney shall apply in favor of Landlord in connection with the abandonment of any personal property and in connection with the exercise of any rights and remedies that Landlord may have as a secured creditor of Tenant holding a security interest in such personal property as hereinafter provided. Each and all of the remedies given Landlord in this Rental Agreement or by law shall be cumulative, and the exercise of one right or remedy by Landlord provided hereunder or otherwise by law shall not be construed as a waiver of its right to exercise any other right or remedy. 18. Utilities. Landlord agrees to furnish electricity, heating, water and sewage (but not television service or other communications), consumed or directly resulting from Tenant’s use of the Premises and to pay all reasonable and customary charges for the same as they become due and payable. Tenant acknowledges and agrees that Landlord shall have no liability whatsoever to Tenant for any claims of loss or damage of any kind arising out of an interruption or malfunction of any utility service furnished by Landlord for any reason and for any length of time. 19. Subordination. This Rental Agreement at all times shall be subject and subordinate to any and all present or future mortgages, security deeds or encumbrances which may be placed by the Landlord on said Premises or any part thereof. Tenant agrees to execute any instrument, upon demand of Landlord, subordinating this Rental Agreement to the lien of any mortgage for mortgages, security deeds or encumbrances as shall be required by the Landlord or Landlord’s lenders and Tenant shall also execute and deliver to Landlord within five (5) days of Landlord’s request any estoppel certificates or other such documents as Landlord’s lenders may request from time to time. 20. Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of this Rental Agreement or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment of any such covenants, conditions or options, but the same shall be and remain in full force and effect. A waiver by Landlord of any covenant or condition of this Rental Agreement, shall not be effective unless in a writing signed by Landlord and a waiver of any condition or covenant in any one instance shall not be deemed a waiver of the same or any other covenant or condition hereunder in the future. 21. Taxes. Landlord shall pay real estate taxes assessed against the Property of which the Premises are a part, as it becomes due and payable. Tenants shall pay all taxes and assessments assessed against or by reason of the property that Tenant owns or uses within the Premises, and all licenses and other fees in connection with the conduct of the Tenant’s business and use of the Premises. 22. Access by Landlord; Locks. It is hereby agreed that Landlord, its manager, agents, representatives and employees, at all reasonable times, may enter the Premises for inspection thereof, to make repairs as provided under the terms hereof, or to make repairs necessary to the maintenance and safety of the Premises and the building of which the Premises are a part. At any reasonable time during the term hereof, if Landlord and Tenant have not agreed to extend the term of this Rental Agreement, Landlord may exhibit the Premises to prospective tenants and place upon the Premises notices indicating that the Premises are available for rental. Tenant may not change the locks on the Premises without Landlord’s prior written consent in Landlord’s sole discretion. 23. Notices. All payments of rental or other charges or money obligations and all notices required under the terms of this Rental Agreement to be paid or to be given to Landlord shall be given to Landlord at the address of the Property, and all notices to be given to Tenant shall be given to Tenant at the Premises, except in the event given by electronic mail as set forth below. Landlord and Tenant may designate different addresses by providing written notice to the other in accordance with the provisions hereof. All notices required hereunder, unless otherwise specifically provided herein, shall be in writing and may be given by hand delivery at the Premises and in the event no one is present at the Premises to receive such notice, then by tacking to the front door of the Premises which shall constitute hand delivery, by electronic mail (email) to the email address of Tenant provided by Tenant and appearing on the records of Landlord, or by first class United States mail, postage prepaid. 24. Binding Agreement; Joint and Several Liability. The terms and provisions of this Rental Agreement constitute the entire agreement between the parties hereto and shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of Landlord and Tenant, as the case may be. If more than one party has signed this Rental Agreement as the Tenant, each party so signing shall be jointly and severally liable for all obligations and liabilities of the Tenant hereunder. 25. Time of the Essence. Time is of the essence of this Agreement. 26. Headings for Convenience Only. The headings or titles appearing in this Rental Agreement are for reference only and shall not be construed as a part of this Rental Agreement or in any way modify or amend the provisions hereof. 27. Relationship of Parties. This Rental Agreement shall create the relationship of Landlord and Tenant between the parties hereto and no estate in the Property or the Premises shall be construed to pass from Landlord to Tenant. Tenant shall have no interest in the Property on which the Premises are located and Tenant’s interest in the Premises shall not be subject to any levy or sale. 28. Release from Liability. It is hereby agreed that in the event Landlord or Tenant is delayed or prevented from making repairs, rebuilding or restoring or furnishing any services or performing any other provision of this Rental Agreement, whether expressed herein or implied to be performed, due to inability to obtain whatever kind of materials are necessary therefore or due to strike, lock-out, embargo, war, government orders or acts of God, or any other cause beyond Landlord or Tenant's control, then same shall not be liable for damages resulting therefrom. Performance of such acts and the period of performance of such acts shall be extended for a period equal to the period of such delay. It is understood and agreed that these provisions shall not be construed to apply to the payment of rental or any other monies due hereunder. 29. Holding Over. If Tenant remains in possession of the Premises after the expiration of the term hereof, Tenant shall be deemed to be a tenant holding over and at sufferance and Tenant shall be liable to Landlord for rental at the rate of one hundred fifty per cent (150%) of the last rental rate being paid by Tenant and there shall be no renewal of this Rental Agreement by implication, operation of law or otherwise until evidenced by a written agreement signed by Landlord and Tenant; notwithstanding the foregoing, in the event Tenant pays and Landlord accepts rent for more than one month, unless and until Tenant or Landlord terminate this Rental Agreement as otherwise allowed hereunder, Tenant shall not be a holdover tenant or tenant at sufferance for any successive month for which there is rent on hand with Landlord that is for at least the full amount of rent for such successive month. 30. Manager: Artisan Properties, Inc. (“Manager”) is licensed by the Georgia Real Estate Commission and manages the Property, including the Premises, on behalf of the Landlord and is authorized to enter into this Rental Agreement for and on behalf of Landlord. Manager has not represented Tenant in this transaction. 31. Security Deposit. Tenant has paid to Landlord simultaneously with the execution hereof the sum of $_______ (hereinafter referred to as the “Security Deposit”) to be held by Landlord as security for the performance by Tenant of all obligations imposed on Tenant pursuant to this Rental Agreement. Landlord shall be entitled to commingle the Security Deposit with Landlord’s other funds, including any security deposits from other tenants, and the Landlord shall be entitled to any interest earned on the Security Deposit. If Tenant defaults with respect to any of the terms, provisions, conditions or covenants of this Rental Agreement, Landlord may use or apply all or any part of the Security deposit toward curing such default, and Tenant shall reimburse Landlord for any portion so applied immediately upon demand. Any portion of the Security deposit that has not been appropriated by Landlord in accordance with the provisions hereof shall be returned to Tenant after the termination of this Rental Agreement. 32. Special Stipulations. The following Special provisions shall apply and prevail over any conflicting provisions in this Rental Agreement: All signage must be pre-approved by a Storage Xxtra representative. Signage consists of: lettering/decal on wall sign blank above office suite and lettering/decal on office door. Lettering/decal on office door can only be white. Signs that are installed without pre-approval are subject to be removed. IN WITNESS WHEREOF, Landlord and Tenant have caused this Rental Agreement to be executed, individually, or by their respective and duly authorized officer, agent, partner, member or other agent. Date of Agreement: ________ If Tenant is an Entity (Corporation, Partnership, LLC or other): By: __________________________________________________ Name: ________________________________ Title: ________________________________ If Tenant is an Individual: By: __________________________________________________ Name: __________________________________ Doing Business As: ___________________________________________ Tradename of Business LANDLORD: ________________________________ By: Artisan Properties, Inc., Its Manager By: __________________________________________________ Name: _________________________ Title: Property Manager STORAGE XXTRA PERSONAL PROPERTY DELIVERY ADDENDUM TO RENTAL AGREEMENT ____________________ (hereinafter “Tenant”) hereby authorizes _________________________(hereinafter “Owner”) (as defined to include its agents, officers, and employees) to take certain actions in connection with the delivery of Tenant’s personal property at the storage facility (delivery is limited to include packages received by mail, UPS, Federal Express, or other types of delivery services). As a condition to the Owner’s agreement to take actions to facilitate acceptance of such deliveries and to store Tenant’s personal property, the Tenant has agreed to enter into this Addendum to their Rental Agreement executed on the date of Agreement, ________. 1. The Tenant releases the Owner from any liability for (1) any loss, theft, or Damage to the personal property, (2) any personal injury occurring in connection with the delivery or withdrawal of the personal property. The Tenant releases the Owner from any claims, demands, losses or expenses (including attorneys’ fees) for any Damages, including those arising from the active or passive acts, omissions or negligence of the Owner or Owner’s Agents. 2. The Tenant agrees to indemnify and hold the Owner harmless from any claims, demands, losses or expenses (including attorneys’ fees) for any such Damages brought by third party. 3. The Tenant agrees that the Owner shall have no responsibility to care for the Personal Property while held by the Owner. 4. Unless a greater value is stated herein, Tenant declares that the value of the personal property in any case of loss or damage does not exceed, and is limited to $500.00. 5. Any personal property delivered COD may be refused by Owner unless Tenant has paid the Owner in advance for those deliveries or provided in some manner for payment for delivery at Owner’s location, for which Owner shall not be responsible or liable for in any way (i.e. left check/money order with manager.) Cash will not be accepted. 6. The Tenant expressly acknowledges that this Release and Indemnification Agreement is solely for the purpose of inducing Owner to provide certain accommodations to the Tenant in connection with the delivery of items on behalf of the Tenant, and that the Owner would not agree to make such accommodations without the Tenant’s execution of this Agreement. 7. The Rental Agreement(s) signed by the Tenant and all provisions of that Agreement are incorporated herein by reference. The provisions of the Rental Agreement shall govern and no provisions of that Rental Agreement shall be waived by the operation of this present Agreement. 8. The person executing this Agreement has the full right and authority to execute this Agreement to bind the Tenant if the Tenant is a business.