WHEREAS Renter has inspected the approximate area of space, container, unit, etc., at Fortress  Storage Solution's Premises located at the site address shown above (Premises) and is satisfied that the space, container, unit, etc., will be suitable for the storage of Renter's goods/property. 

AND WHEREAS Renter is aware that Fortress Storage Solutions DOES NOT INSURE and will accept NO LIABILITY for loss or damage to Renter's goods and that Fortress Storage Solutions STRONGLY RECOMMENDS that Renter OBTAIN INSURANCE COVERAGE for goods to be stored at this site. 

NOW, THEREFORE, THIS AGREEMENT WITNESSES that, in consideration of these promises and  of the terms, conditions and agreements herein contained, Fortress Storage Solutions and  Renter do hereby agree and covenant as follows: 

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1 DEFINITIONS 

1.1. In this agreement each of the following terms shall have the following meanings: 

(a) 

"DUE DATE" means due on receipt of the invoice for every calendar month during which this agreement is in effect 

(b) 

"MONTHLY CHARGE" means the charge due from the renter to Fortress Storage Solutions in respect of each Monthly Term or each other amount as may be stipulated in a written notice delivered by Fortress  Storage Solutions to the Renter at least (7) days prior to the Due Date in respect of any Monthly Term. 

(c) 

"MONTHLY TERM" means the period of one (1) month beginning on any Due Date and ending on the day before the next following Due Date (inclusive). 

(d) 

"UNIT" means unit/space/container/etc. 

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2 RENTERS PRIVILEGES AND FORTRESS STORAGE SOLUTIONS ACCESS 

2.1. While this Agreement is in force and provided that Renter is not in breach of any term of this  agreement, Renter 

(a) 

may use the Unit for the storage of goods of which he is in lawful possession and 

(b) 

shall have access to the Unit during Fortress Storage Solutions' normal business hours. 

2.2.  Fortress Storage Solutions, its employees or agents may enter the Unit, for the purpose of necessary maintenance, to confirm the Renter's compliance with the terms of this Agreement or in the event of a  perceived emergency. Where feasible, advance notice of such entry will be given to Renter. If such entry requires Fortress Storage Solutions to cut off Renter's lock and is not made necessary by any  

breach of a term of this agreement by the Renter, Fortress Storage Solutions will provide the Renter with a  replacement lock free of charge. 

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3 PAYMENT 

3.1.  Renter shall pay Fortress Storage Solutions the Monthly Charge plus all applicable GST due in respect of each Monthly Term on or before that Monthly Term's Due Date. 

3.2. Fortress Storage Solutions will be deemed only to have received payment on or before the Due Date if such payment is actually received by Fortress Storage Solutions on or before the Due Date. 

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4 RENTER'S ADDITIONAL OBLIGATION 

4.1. Renter shall not store dangerous, hazardous, toxic, noxious, offensive, explosive or highly flammable  materials in the Unit, (including firearms). 

4.2. Renter represents and warrants that he is in lawful possession of all goods stored in the Unit. Renter AGREES TO ADVISE FORTRESS STORAGE SOLUTIONS IN WRITING OF THE FULL NAME AND ADDRESS OF  ANY PERSON OR CORPORATION OTHER THAN RENTER WHO HAS ANY INTEREST IN ANY OF THE GOODS  STORED IN THE UNIT. Fortress Storage Solutions may require the Renter to advise Fortress Storage  Solutions in writing of the name of any person authorized by the renter to have access to the Unit. Renter shall be legally responsible for any damage, loss or injury caused by any person brought onto the  Premises by Renter or visiting the Unit. with Renters permission. 

4.3. Renter shall place one(1) and only one (1) padlock on the door to the Unit. 

4.4. Renter shall not carry on any business out of the Unit. and shall not use the Unit. for any unlawful  purpose. When on the Premises, the Renter shall proceed directly to and from the Unit. and shall not disturb, interfere with or do anything, which is liable to cause injury, loss or damage to other persons or property on the Premises. 

4.5. Renter shall not litter the Premises and shall not cause any damage to the Unit, the Premises, or the goods belonging to other renters. 

4.6. Prior to the termination of this Agreement, the Renter shall remove all goods and litter from the Unit.  Renter shall at its sole cost and expense, make good any damage caused to the Unit. resulting from its transport or the storage or removal of goods from the Unit. 

4.7. Renter shall promptly advise Fortress Storage Solutions of any change in Renter's mailing address by delivering a written notice of change of address to Fortress Storage Solutions. 

4.8. Renter agrees to indemnify Fortress Storage Solutions, its directors, officers, agents and employees from and against any and all claims, losses, costs (including legal costs on a solicitor and his own client basis) liabilities or expenses which Fortress Storage Solutions, its directors, officers, agents or employees may suffer or incur as a direct or indirect result of the failure of Renter to perform any of Renter's obligations under this Agreement. 

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5 FORTRESS STORAGE SOLUTIONS IS NOT LIABLE FOR LOSS OR DAMAGE TO GOODS 

5.1. Renter acknowledges that Fortress Storage Solutions is only providing space to Renter for the storage of unidentified goods at Renter's OWN RISK and that Fortress Storage Solutions has no obligation to care for or preserve Renter's goods. 

5.2. Renter agrees that in no event shall Fortress Storage Solutions, its directors, officers, agents or employees be subject to any liability whatsoever for the loss, theft or destruction of or damage to any goods stored by Renter in the Unit WHATEVER THE CAUSE of such loss, theft, destruction or damage  EVEN if such loss, theft, destruction or damage is the result of the negligence or other default on the part of Fortress Storage Solutions, its directors, officers, agents or employees. 

5.3. Renter shall indemnify Fortress Storage Solutions, its directors, officers, employees and agents and save them harmless from and against any and all claims, actions, damages liability and expenses in connection with the loss of life, personal injury or damage to property arising from or out of any occurrence in, upon or at the Unit or any part thereof, or upon the Premises or an Approved Location  which is occasioned wholly or in part by any act or omission of the Renter, its agents, contractors,  employees or servants.

 

6 SALE OF RENTER'S GOODS IN THE EVENT OF DEFAULT 

6.1. If Fortress Storage Solutions has not received payment of the Monthly Charge for any Monthly Term on or before the Due Date, then the Renter will be considered to be in default until such time as Fortress  Storage Solutions has received payment of all outstanding Monthly charges. 

6.2. When the Renter is in default Fortress Storage Solutions may require the Renter to make payment of  outstanding Monthly Charges by cash, certified cheque or money order 

6.3. When the Renter is in default Fortress Storage Solutions may place a second padlock on the Unit and the Renter shall not be entitled access to his Unit until he is no longer in default. Under no circumstance may  Renter remove any goods from the Unit while Renter is in default. 

6.4. Renter agrees that if Renter is in default, in addition to any other remedies for the recovery of debts  provided by law or statute, Fortress Storage Solutions may sell or otherwise dispose of all or any of the  goods stored in the Unit by following the procedure described int he following paragraphs 

6.5. If the Renter is in default Fortress Storage Solutions may deliver a Notice of Default to Renter. The Notice of Default shall specify the total amount (including outstanding Monthly Charges and amounts due  pursuant to paragraph 4.8.) owed by the Renter to Fortress Storage Solutions and shall specify a date not  less than twenty-one (21) days after the Notice of Default is mailed upon or after which date the goods  in Renter's Unit may be sold by Fortress Storage Solutions if Renter is still in default 

6.6. Renter agrees that if Renter is still in default after the date mentioned in the Notice of Default, then  Fortress Storage Solutions may sell the goods in the Unit according to the procedure for the sale of goods subject to a lien set out in the Warehouseman's Lien Act. R.S.A. 2000, W-2, provided that if Fortress  Storage Solutions reasonably believes that the public auction sale of the goods in the Unit would not exceed the costs associated with such a sale Fortress Storage Solutions may sell or otherwise dispose of the goods in any manner it sees fit. Fortress Storage Solutions shall be at liberty to bid at any public auction sale of the goods in the Unit. 

6.7.  Renter agrees that the proceeds of any sale of goods from the Unit sold by Fortress Storage Solutions  shall be applied as follows:

FIRSTLY, in payment of all costs associated with the removal and sale of the goods in the Unit, such as,  but limited to, auctioneer's charges, moving costs, and the cost of required notices and  advertisements; 

SECONDLY, In payment of any amounts owed by the Renter pursuant to paragraph 4.8.; THIRDLY, in payment of any Monthly Charge outstanding as of the date of sales of the goods; and 

FOURTHLY, any remaining funds shall be paid without interest to Renter upon application by Renter within twelve (12) months of the date of sale of the goods unless there are any adverse claimants to such finds in which case Fortress Storage Solutions may apply to pay the excess funds into court. 

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7 TERMINATION 

7.1. This Agreement will terminate at the end of a Monthly Term; 

(a) 

If, on or before the last day of that Monthly Term, Renter, NOT BEING IN DEFAULT, gives notice of his  intention to terminate this Agreement at the end of that Monthly Term, provided that (subject to  paragraph 7.2.) any such notice will be ineffective and will not terminate this Agreement unless Renter  has removed all his goods from the Unit on or before the last day of that Monthly Term; (b) 

If, on or before the Due Date for that Monthly Term, Fortress Storage Solutions gives notice to the Renter of  Fortress Storage Solution's intention to terminate this Agreement at the end of that Monthly Term, or 

(c) 

If all the goods in the Unit are sold or otherwise disposed of by Fortress Storage Solutions pursuant to  Article 6 during that Monthly term. 

7.2. If Renter gives notice of his intention to terminate this Agreement at the end of a particular Monthly  Term he may BY PRIOR ARRANGEMENT with Fortress Storage Solutions leave his goods in the Unit for up to ten (10) days beyond the end of the Monthly Term by paying a daily charge equal to pro-rata calculation of the Monthy Charge, in which case this Agreement will terminate upon the removal of  Renter's goods from the Unit. The renter may not remove goods from the Unit until all accumulated daily charges have been paid. 

7.3. This Agreement may not be terminated except in accordance with paragraph 7.1. or 7.2. 7.4. 

Termination of this Agreement shall terminate Renter's privileges described in paragraph 2.1. and  Renter's obligation to pay future Monthly Charges but otherwise, all rights, liabilities and protections conferred or imposed upon either part by the terms of this Agreement shall survive its termination. 

7.5. Upon termination of this agreement, Fortress Storage Solutions may apply Renter's Deposit against any amount owed by the Renter to Fortress Storage Solutions. The balance of the Renter's Deposit will be repaid without interest to Renter. 

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8 NOTICES AND CHANGE OF ADDRESS 

8.1. Any notice required to be delivered by Fortress Storage Solutions to the Renter may be sent to the Renter by registered mail at Renter's address as shown at the beginning of the Agreement or to the address indicated by the Renter in a written notice of change of address delivered by Renter to Fortress Storage  Solutions. 

8.2. Any notice required to be delivered by the Renter to Fortress Storage Solutions shall be in writing and shall be delivered to Fortress Storage Solutions's office or sent by registered mail to Fortress Storage  Solutions at the address shown at the beginning of the Agreement. 

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9 TRANSPORT OF UNIT 

9.1. Renter shall not transport the Unit from the Premises to another location unless the such location is approved in writing by Fortress Storage Solutions (the "Approved Location"). The approval of an  Approved Location shall be at the complete discretion of Fortress Storage Solutions. Notwithstanding  anything to the contrary in the Agreement, the Renter shall not transport the Unit from the Premises or  from an Approved Location without the following: 

(a) 

The express written consent of Fortress Storage Solutions; and 

(b) 

Providing Fortress Storage Solutions with the exact location of where the Unit will be located. 9.2. 

Renter shall provide Fortress Storage Solutions with access to the Approved Location for the same purposes as outlined in paragraph 2.2. of this Agreement.

9.3. Renter understands and agrees that if he is in default to Fortress Storage Solutions pursuant to this  Agreement, Fortress Storage Solutions may retrieve the Unit from its location and transport the Unit back to its yard all at the sole expense of Renter. 

9.4. Renter shall ensure that the Unit is properly insured for transport when the Unit is being transported to and from the Premises. 

9.5. Renter shall indemnify Fortress Storage Solutions, its directors, officers, employees and agents and save them harmless from and against any and all claims, actions, damages liability and expenses in connection with the loss of life, personal injury or damage to property arising from or out of any occurrence that may result from the transport of Unit or the placing or storage of the Unit at a location other than the Premises. 

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10 GENERAL 

10.1. Headings contained in the Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 

10.2. This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective executors, administrators, successors and permitted assigns. Renter shall not assign the benefit of the Agreement without first obtaining the consent in writing of Fortress Storage Solutions.  Fortress Storage Solutions may assign the benefit of the Agreement to any other person or corporation. 

10.3. This Agreement contains the entire Agreement between the parties and supersedes any and all prior agreements, negotiations, representations, and proposals whether written or oral relating to its subject matter. The terms of the Agreement may not be altered except by a duly executed amendment in writing. 

10.4. No assent to or waiver of any breach of any one or more of the terms of this Agreement shall be effective unless such waiver or assent is in writing, nor shall any such assent or waiver excuse the performance of any act other than the act specifically referred to in such waiver.

10.5. The remedies of Fortress Storage Solutions mentioned in this Agreement or provided by law or statute are cumulative and not exclusive and such remedies may be resorted to in such order and in such combination as Fortress Storage Solutions sees fit. 

10.6. Fortress Storage Solutions and Renter hereby confirm and ratify the matters contained and referred to in the preamble to this Agreement and agree that the same are expressly incorporated into and form part of this Agreement. 

10.7. Whenever the singular, plural, masculine, feminine or neuter is used throughout this Agreement the same shall be construed as meaning the singular, plural, masculine, feminine, neuter, body politic or body corporate where the fact or context so requires and the provisions hereof and all covenants herein shall be construed to the joint and several when applicable to more than one part.

10.8. This Agreement shall be interpreted and enforced in accordance with the laws of the Province of Alberta.