SCHEDULE A

TERMS AND CONDITIONS

ACCESS – Upon execution of the within User agreement the Owner shall provide the User with an exclusive Passcode Number for the sole purpose of entering and exiting the Premises by means of the Owner’s computerized gate security device. The User agrees to be solely responsible and to hold the Owner indemnified and saved harmless against any claims resulting from the User’s use or misuse of the User Passcode Number. The Owner reserves the right to restrict access to the Premises and to the Space at any time. The User shall have access to and from the Premises during the hours established by the Owner. The hallways, entrances and driveways shall not be obstructed by the User or used for any purpose other than for loading and unloading stored property and the User shall at all times allow the Owner, its employees and other Users reasonable access to other spaces. Cars and trucks should be parked so as not to obstruct access to the building. The door must remain open while a person is in the Space. If the User is found to be delinquent in his/her payment for a period of two (2) days from the due date, the Owner may restrict the User’s access by means of disrupting of the User’s passcode and/or over-locking of the User’s Space.

PAYMENTS – The User agrees to make payments without receiving invoices, statements, demand or prior notices. All payments are to be paid in advance and in an amount equal to or greater than that indicated by the payment schedule. The User Agreement automatically renews for a further four (4) week period unless the User has complied with the termination procedures. The Owner at its sole discretion has the right to adjust the rates with respect to any renewal hereof without the User’s consent or prior notice. Any User will be denied access to the premises if their Space payments are not received on or before the User’s due date. In the event that a payment is not made on or before the User’s due date, or in the event of a dishonored bank cheque from the User to the Owner, the User agrees to pay liquidated damages for the late payment and for the dishonored bank cheque as well as all related administrative charges and/or costs as additional fees (Charges are outlined in the User Agreement).

TERMINATION – Either the Owner or the User may terminate this agreement by giving a minimum of two weeks written notice. Upon termination, the User agrees to provide the Owner with a forwarding address and to completely vacate the Space, leaving it in good and clean condition, and allow the Owner to inspect the Space to verify its final condition and content. Failure to comply with the foregoing entitles the Owner at its sole discretion to clean up and/or repair the Space and charge to the User’s account any amount necessary to compensate the Owner for fees and/or charges unpaid as well as cleaning and repair costs. Notice of the Owner’s intention to terminate shall be by prepaid registered mail to the most recent address provided by the User.
If the User has delivered the termination notice to the Owner, the User agrees that the Owner may assume that the User has abandoned the Space and any property or chattels located therein on the day of termination and the Owner may deem the Space abandoned and the User Agreement terminated. Notwithstanding anything previously stated should the Owner otherwise reasonably determine that the User has abandoned the Space, then at the Owner’s option the Space may be deemed abandoned, the User Agreement terminated and any property or chattels left on or about the premises sold, destroyed or disposed of at the Owner’s option. The User expressively waives the benefit of any future act or regulation of the Province of ON. or the country of Canada or any municipal by-law limiting the right of the Owner to deal with the property left upon or about the premises or Space as hereinbefore and hereinafter provided.

MAINTENANCE – The User shall not place or allow to be deposited in the corridors or driveways or anywhere else on the Owner’s property, waste paper, garbage, refuse or anything that shall tend to make the premises unclean or untidy. The User must observe strict care not to allow doors to be left open so as to admit rain, snow, rodents, etc. The User is responsible for keeping the door opening free and clean of snow and ice in order to provide for the easy opening and closing of the overhead door.

USE (SIGNS, ALTERATIONS, FIXTURES) – The User shall use the Space only for the storage of property or chattels and for no other purpose. The User acknowledges its responsibility for keeping the said Space in a good state of preservation and cleanliness during this agreement. The User shall not store any animals/reptiles or improperly packaged food or perishable goods, flammable material, explosives or other inherently dangerous material or any goods of which the storage is contrary to Municipal by-laws, the laws of ON. or the laws of Canada. The User shall not disturb the quite enjoyment of any other User of the premises of which the space is part or which would violate any law. The User specifically understands that the Use Agreement does not create a bailment of deposit of goods for safekeeping. The Space is designed for storage only. The User shall make no alterations or improvements to the space without the prior written consent of the Owner. Signs, spikes, hooks, nails, screws, or knobs shall not be put into the walls, ceilings, floors, frames or doors.

ABANDONMENT – Should the User be in default, for 45 consecutive days, the User agrees that a company representative may cut the lock and enter the User’s storage unit so as to inventory and assess the value of the goods therein without affecting the Owner’s right to recover charges hereunder. In the event that the account remains outstanding for 90 consecutive days the Owner may opt to sell the contents of the User’s unit via auction. If such property or chattels are sold the liability of the Owner to the User shall be limited to the remainder, if any, of the proceeds of the sale of goods after the deduction of rent and all other costs incurred by the Owner in carrying out the sale. Charges to the User will include outstanding rent, insurance, late fees, the cost of serving notices, advertising and any additional expenses incurred in preparing for the sale up until the time full payment is made to the Owner by the User.

BANKRUPTCY – If the User makes an assignment for the benefit of creditors; becomes insolvent or bankrupt or shall become subject to any enactment relating to liquidation, winding up or seizure of property then this User Agreement shall cease and an amount equivalent to the outstanding rental and any liquidation charges shall be immediately due and payable.

INSPECTION AND RELOCATION – Without prior notice to the User, the Owner may forcibly or otherwise enter the space for the purpose of inspection whenever the Owner believes that the space has been abandoned or that a hazardous condition and/or nuisance has been created or is occurring in the space or for making repairs to the interior door or unit. The owner reserves the right to relocate the User to any space of comparable size without expense to the User.

PRIVACY- Personal information is collected during the rental process for the purposes of opening an account and maintaining that relationship. This information will not be provided to any other organization without the individual’s expressed consent. For more information please visit our website at www.applestorage.com

AMENDMENTS – The Owner, in its judgement, reserves the right to establish, waive, amend or cancel the Terms and Conditions and is not liable to the Users for breach thereof. If any provision of the User Agreement shall be deemed invalid under any application law, such provisions shall be ineffective only to the extent that such prohibition does not invalidate the remaining provision of User Agreement.

BATTERY POLICY – The User agrees to comply with the Owner’s policy regarding the storage and charging of Lithium-Ion batteries, which are considered hazardous materials and pose a fire risk. The User agrees not to store any Lithium-Ion batteries that do not have the required CSA or ULC certification and not to charge any batteries within the storage unit or hallways. The User understands that they will be held liable for any damages caused as a result of non-compliance with the above policy.