9. RELEASE, INDEMNIFICATION AND HOLD HARMLESS. Customer waives all claims against Operator for, and releases Operator from any and all liability for, damage to goods or for injuries to persons in or about the rental unit or the facility from any cause arising at any time, including the negligence of Operator and the Customers of other units at the facility. Customer shall indemnify Operator for and hold Operator harmless from and against any personal injury to Customer or damage to Customer’s property, and any claim by any third party alleging personal injury or property damage, which in either case arises out of or relates in any way to the use, maintenance or condition of the rental unit or any property located in or about the rental unit. Such release, indemnification and hold harmless obligations shall apply regardless of whether any such injury or damage arises out, or is alleged to arise out of, the negligence of Customer, Operator or any third party.
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10. CONDITION OF LEASED SPACE AND RETURN UPON TERMINATION. Customer agrees that Customer has received the leased space in good repair and in a clean and sanitary condition. Customer also agrees to maintain the leased space in the same condition throughout the term of this Agreement. If the leased space is not kept in such condition, Operator may do so at Customer’s expense, which Customer authorizes and agrees to pay as additional rent upon written demand by Operator. Customer shall not attach anything to the inside or outside walls, ceiling or floors of the leased space. Upon termination of this Agreement, in addition to the payment of all rent, fees and other charges, Customer agrees to remove from the rental unit any fixtures installed by Customer and to repair any damage caused by such removal, to return the leased space in broom clean and good condition, reasonable wear and tear excepted, and to remove from the leased space and the facility all property of Customer. Disposal services for Customers are not provided by Operator and Customer will be charged for costs incurred by Operator in disposing of Customer’s property.
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11. ACCESS TO LEASED SPACE BY OPERATOR. Upon request, Customer will promptly grant agents and representatives of Operator and of any governmental authority, including police and fire officials, access to the leased space. In the event of an emergency or upon Operator having reasonable grounds to believe that any hazardous, explosive, flammable or other prohibited substance is stored in the leased space, agents or representatives of Operator or of any governmental authority shall have the right to enter the leased space immediately without notice to Customer, and take such action as may be necessary or appropriate to protect the leased space, comply with applicable law or enforce Operator's rights. Customer’s only remedy in the case of damage caused by entry during an emergency will be the replacement of Customer’s lock for the rental unit with an equivalent replacement lock.
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12. CHANGE OF ADDRESS. Customer shall provide Operator with written notice of any changes to Customer’s personal information set forth above, including address changes, and the name and address of Customer’s third party contact. Such notice shall be delivered to the same place where rent payments are to be made. A change will become effective only when it is received by Operator. It is Customer’s responsibility to verify that Operator has received the notice of changes.
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13. ASSIGNMENT AND SUBLETTING. Customer may not assign any rights under this Agreement, sublet the leased space or allow anyone else to use the leased space.
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14. GOVERNING LAW. This Agreement is governed by the internal laws of the State of Wisconsin, including Section 704.90 of the Wisconsin Statutes.
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15. WAIVER OF JURY TRIAL. To the fullest extent permitted by applicable law, each party waives such party’s right to trial by jury in any action brought by either party with respect to any matter arising out of or in any way relating to this Agreement.
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16. REMEDIES OF OPERATOR CUMULATIVE; NO WAIVER. The remedies provided to Operator in this Agreement are cumulative and in addition to any other remedies available to Operator under applicable law. No failure of Operator to enforce any provision of this Agreement or exercise any remedy available to Operator shall constitute a waiver of Operator’s right to strictly enforce such provision and remedy at any time.
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17. TIME OF THE ESSENCE. Time is of the essence for all dates set forth in this Agreement.
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18. CAPTIONS. The captions of this Agreement are for convenience only and do not affect the meaning of this Agreement.
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19. NO ORAL AGREEMENTS. This Agreement contains the entire agreement between Operator and Customer, and no oral agreements shall be of any effect whatsoever.
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20. SEVERABILITY. If any court holds any part of the agreement unlawful, the rest of the agreement remains in full effect.
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Customer acknowledges that no representations or warranties have been made with respect to safety, security or suitability of the leased space. Customer’s own determination of such matters solely from inspection of the leased space and the facility. Customer agrees that Customer is not relying, and will not rely, on any oral representation made by Operator or by Operator’s agents or employees purporting to modify or add to this Agreement. Customer understands and agrees that this Agreement may be modified only in writing, signed by both parties.
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20. NOTICES. Except as required by law, any notices or demands under the terms of this Agreement shall be legally sufficient if in writing and personally served or sent by regular mail, postage prepaid, and addressed, in the case of Operator, to Stadium Self Storage, 4000 W. Burnham St., Milwaukee, WI 53215 (attn: Manager), and in the case of Customer, to the address set forth above, or in either case to such other address as may be provided by the receiving party in accordance with this Agreement.
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