Terms and Conditions

a. In the event of an emergency situation, LESSOR shall be authorized, but is not required, to conduct any
necessary maintenance measures for the preservation of the Vehicle and take all actions it deems necessary
to secure the safety of persons and property; costs incurred by LESSOR shall be deemed Rent.

b. Upon payment equal to two (2) month’s rent and thirty (30) days written notice to LESSOR by LESSEE, LESSEE may terminate this Agreement for any reason (with or without cause). LESSOR may terminate this Agreement by giving LESSEE thirty (30) days’ prior notice of such termination. At the conclusion of said thirty (30) day period, LESSEE agrees that LESSOR shall no longer have any responsibility for LESSEE’S Vehicle stored at the Premises.

c. Upon expiration or termination of this Agreement, LESSEE shall immediately remove the Vehicle from the Premises at LESSEE’s expense and shall leave the Premises in good condition.

d. Upon a default hereunder: (a) all Rent shall become immediately due and payable; (b) LESSOR may exercise its cumulative rights without terminating this Agreement; (c) LESSOR may terminate this Agreement by giving LESSEE written notice specifying the date of termination (which shall be not less than ten (10) days from the date of the notice) on which date this Agreement and all of LESSEE’S rights will cease; and (d) LESSOR may exercise any other of its rights and remedies, at law or in equity. In any of the foregoing events, LESSEE shall remain liable for all Rent for the full term, including an additional Rent and/or other damages.

e. LESSEE shall be in default upon the happening of any of the following: (a) Rent is not paid as due and, in the amount, due; (b) LESSEE does not perform any of the covenants and conditions of this Agreement as agreed or when due; or (c) hazardous conditions caused by storage of the Vehicle exist at or in the Premises and Lessee has failed after reasonable written notice from the LESSOR to correct such hazard.

f. Any Vehicle subject to an Agreement in default may be moved to any other location and/or position on the Premises by LESSOR. LESSOR SHALL BE ENTITLED TO ASSERT A LIEN, IN REM, AGAINST THE VEHICLE FOR ANY UNPAID RENT, FEES, AND/OR OTHER NECESSARIES PROVIDED TO THE VEHICLE. LESSEE grants LESSOR a security interest in and to the Vehicle, its appurtenances, engines, equipment, trailer, and contents, and any substitutions thereof, to secure any unpaid sums due and owing pursuant to this Agreement and as security for any damages caused by or on behalf of LESSEE, including any potential indemnity claims. LESSOR reserves the right to pursue any one or more remedies in the event of default.

g. In the event that LESSEE continues to utilize the Premises after the expiration or termination of this Agreement, this Agreement shall convert to a month-to-month Agreement at the monthly rate, plus Rent shall automatically increase by ten percent (10%) and be subject to termination by LESSOR upon thirty (30) days’ notice. LESSOR shall have the right to move the Vehicle of such expired or terminated Agreement to any location as LESSOR deems fit.

h. LESSEE enters into this Agreement and agrees to utilize the subject Premises “AS IS” and at LESSEE’S sole risk of loss. LESSEE hereby agrees to HOLD HARMLESS, DEFEND AND INDEMNIFY LESSOR from and against any and all damages (including reasonable attorneys’ fees and costs), claims or causes of action arising from, or in any way related to, the Premises and/or the Vehicle; this includes claims and damage arising from the negligence of LESSEE, but not wanton conduct of LESSEE. LESSEE waives all claims against LESSOR for damages sustained by LESSEE as a result of the use of or access to the Premises. Without limiting the foregoing, LESSOR is not be responsible or liable for any damage to the Vehicle occurring due to an act of a third party, force of nature, act of God, or any other natural or environmental condition, flood or other weather event.

i. LESSEE shall maintain during the term of this Agreement an insurance policy or policies which provide a minimum of liability coverage of $100,000.00 naming LESSOR as an additional insured. LESSEE shall provide proof of insurance to LESSOR by providing a certificate. Must keep current insurance on file. j. In the event that any position is temporarily vacated by LESSEE, LESSOR shall have the right, without proration or adjustment in Rent, to temporarily store any vehicle in the vacated area.

k. This Agreement constitutes the entire agreement between the parties and may not be altered or amended except in writing signed by the parties. Any dispute arising between the parties to this Agreement shall be brought in the Circuit Court of Mobile County, Alabama, or the U.S. District Court for the Southern District of Alabama. This Agreement shall be subject to and construed according to the laws of the State of Alabama. LESSEE EXPRESSLY WAIVES ITS RIGHT TO A JURY TRIAL.