RENTAL AGREEMENT

TERMS & CONDITIONS

The following terms and conditions apply to all equipment rentals from Atlanta Mobile Storage, Inc. (“Atlanta Mobile Storage”). These terms and conditions may be amended periodically.”

• Term. The term of a lease between Atlanta Mobile Storage and the individual or business leasing the equipment (the “Lessee”) as defined in the document (such written memorialization being termed the “Lease”) shall be for a period beginning on the date of delivery of the leased equipment (the “Equipment”) to Lessee and ending when all Equipment has been picked up by, or returned to and accepted by, Atlanta Mobile Storage (the “Term”). Lessee shall notify Atlanta Mobile Storage when Lessee wishes to schedule a time for Atlanta Mobile Storage to pick up the Equipment (“Notification”). Lessee’s Notification shall occur at least one (1) but not more than three (3) business days before the earliest date when Lessee will be finished using the Equipment. By making such Notification, Lessee certifies to Atlanta Mobile Storage that the Equipment will be empty when Atlanta Mobile Storage arrives to pick up the Equipment from Lessee.

• Rental Payments and Fees. Lessee agrees to pay the rental fees as agreed to with Atlanta Mobile Storage, beginning on the first day of the Term and ending on the last day of the Term, plus other fees or deposits as agreed to with Atlanta Mobile Storage, plus applicable state and local sales and use tax on all fees and charges based upon the applicable rate in place in the jurisdiction where the unit will be used. The rental fee for partial months after the first month will be prorated. The first month’s rental fee and other fees or deposits as agreed to with Atlanta Mobile Storage, including but not limited to delivery and pick-up charges, shall be paid upon delivery of the Equipment. All subsequent payments are due to Atlanta Mobile Storage thirty (30) days after the date listed on the invoice unless otherwise agreed by the Parties and shall be tendered to Atlanta Mobile Storage as directed in the invoice or otherwise by Atlanta Mobile Storage. Payments not made within ten (10) days of the date the sums are due and payable shall bear interest at the rate of one and one-half percent (1.5%) per month on the unpaid balance until paid.

• Additional Taxes, Fees, and Assessments. In addition to the Lease payments required hereunder, Lessee shall be liable for any and all taxes, fees, and assessments however designated due from Atlanta Mobile Storage or Lessee which are levied or based upon the Lease payments recited herein or the Equipment leased to Lessee during the period of this Lease, except for federal and state income tax imposed on Atlanta Mobile Storage.

• Default; Remedies of Atlanta Mobile Storage. Should Lessee fail to make any rental payment or any other payment required hereunder within ten (10) days of the date the sums are due and payable; or should Lessee make any assignment of the Equipment for the benefit of creditors; or should Lessee be subject to any proceeding under the Bankruptcy Act of the United States; or should Lessee become insolvent or attempt to remove, sell, transfer, encumber, or sublet the Equipment or use the Equipment other than the intended use or for another purpose stated in this Lease; or should Lessee, during the Term, part with the possession of any Equipment delivered hereunder; or should Lessee do any act or thing tending to impair Lessee’s possession of the Equipment or the right of possession and title of Atlanta Mobile Storage to the Equipment; or should Lessee breach or fail to perform any other term or condition contained herein, then Atlanta Mobile Storage may (a) immediately repossess the Equipment without legal action and have the right to come upon the premises of Lessee for removal of the Equipment, and in such event Lessee agrees to reimburse Atlanta Mobile Storage for all costs, including any attorney’s fees incurred in the repossession and removal of the Equipment and in its return to the premises of Atlanta Mobile Storage and (b) proceed with any court action either at law or in equity to enforce performance by Lessee or to obtain the Equipment and to recover damages from Lessee as the law may allow. Lessee understands that Atlanta Mobile Storage shall have the right to sell any property stored in the Equipment when Atlanta Mobile Storage repossesses it and that the proceeds of such sale will be applied to Lessee’s debt to Atlanta Mobile Storage. Any reasonable expenses incurred by Atlanta Mobile Storage in connection with the enforcement of any of the terms or breach of the same of this Lease shall be reimbursed by Lessee to Atlanta Mobile Storage, including but not limited to expenses of moving the Equipment, attorney’s fees, taxes, costs, and expenses. Lessee remains liable to Atlanta Mobile Storage for unpaid rent accrued through the date when Atlanta Mobile Storage reclaims Equipment plus interest as provided herein. The remedies provided in this Lease in favor of Atlanta Mobile Storage shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies in Atlanta Mobile Storage’s favor existing at law or in equity.

• Leasing Transaction. Nothing herein conveys to Lessee any right, title, or interest in or to any of the Equipment except as a lessee.

• Use of Equipment. Lessee shall comply, and shall cause all other persons using the Equipment to comply, with loading limitations provided by the manufacturers of the Equipment and shall prevent excessive and undue impact and concentrated loading on the Equipment. Lessee shall comply, and shall cause all other persons using the Equipment to comply, with the terms and conditions of the Lease and all current and future codes, statutes, regulations, rules, ordinances and orders including, without limitation, environmental codes, statutes, regulations, rules, ordinances and order of any government or quasi-governmental entity and all current and future service bulletins of the manufactures of the Equipment affecting the use, operation or maintenance of the Equipment. The Equipment is to be used in the manner and within the limits established by the applicable federal and state laws. Atlanta Mobile Storage will not be liable for any Federal Motor Carrier Safety Administration (“FMCSA”) violations or other citations during the Lease period.

• Compliance with Laws; Licensing and Permitting. Lessee agrees to comply with all laws, ordinances, or regulations in connection with the use of Equipment and the placement and use of Equipment at Lessee’s site. Lessee shall obtain all licenses, permits, and other certificates as may be required by law or otherwise for Lessee’s operation of the Equipment and furnish evidence thereof to Atlanta Mobile Storage. If Lessee cannot obtain any of the foregoing and Atlanta Mobile Storage can lawfully do so, Atlanta Mobile Storage will, upon receipt of a written request to Atlanta Mobile Storage’s address listed herein and the necessary funds from Lessee, obtain such of the foregoing as Atlanta Mobile Storage may lawfully obtain. Atlanta Mobile Storage is under no obligation to perform said acts for Lessee unless Atlanta Mobile Storage may lawfully do so and is properly notified and funded by Lessee.

• Condition, Maintenance, Repairs, and Return Condition of Equipment. Lessee accepts the Equipment recited herein as is, and Lessee shall be solely responsible for any damage caused by the condition of the Equipment or otherwise to the goods or materials placed therein. Atlanta Mobile Storage shall not be liable to Lessee for any damages incurred for Atlanta Mobile Storage’s failure to deliver the Equipment on date promised unless Atlanta Mobile Storage’s delay was intentional or grossly negligent. Lessee shall notify Atlanta Mobile Storage within two (2) business days of delivery if Lessee does not accept the Equipment in the condition in which it was delivered, and Atlanta Mobile Storage shall either repair or replace the Equipment or terminate the Lease and return all sums paid by Lessee to Lessee, at Atlanta Mobile Storage’s sole option. Lessee shall not make any use of the Equipment that will cause damage to the Equipment and shall prevent excessive and undue impact and concentrated loading. Lessee shall, at Lessee’s own cost and expense, keep the Equipment in good repair, condition, and working order. Any and all repairs made to the Equipment by Lessee shall become the property of Atlanta Mobile Storage. Atlanta Mobile Storage (and any third party from which Atlanta Mobile Storage leases any Equipment, if applicable) shall not be liable to Lessee for any loss, damage, or expense of any kind caused directly or indirectly by any of the Equipment, or by use or maintenance thereof, or by the repairs, servicing, or adjustments thereto, or by any interruption or service or loss of use thereof, or for any loss of business or damage whatsoever and howsoever caused. Specifically, but not exclusively, Atlanta Mobile Storage (and any third party from which Atlanta Mobile Storage leases any Equipment, if applicable) shall not be responsible or liable to Lessee for damage caused to equipment by impermissible use on the road, loading or unloading, or pests such as rodents or insects. Lessee shall, at any time Atlanta Mobile Storage so requests, permit Atlanta Mobile Storage to inspect the Equipment. At the end of the Term, Lessee shall return the Equipment to Atlanta Mobile Storage in good repair, ordinary wear and tear resulting from proper use alone excepted. In the event that Lessee does not return the Equipment to Atlanta Mobile Storage in such condition, Lessee shall be liable for the actual or estimated cost of repairs to the Equipment. In the event that the Equipment is damaged beyond repair (total damage or lost or stolen), Lessee agrees to pay the actual or estimated replacement value. In such event, Lessee’s obligation to pay rental fees shall not terminate before the day Atlanta Mobile Storage receives payment in full of the actual or estimated replacement value.

• No Warranties. ATLANTA MOBILE STORAGE MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

• Sublet and Assignment. Lessee shall not assign, mortgage, or encumber this Lease or any of the Equipment, nor sublet or suffer or permit any Equipment to be used by others without the written consent of Atlanta Mobile Storage.

• Insurance
  Lessee shall, at its own expense, carry a policy or policies of liability insurance against bodily injury, including death, and against property damage with the minimum amount of one million dollars ($1,000,000) combined single limit per occurrence personal injury and property liability. Lessee shall keep all Equipment insured at its full insurable value against fire and theft and under extended coverage and shall carry physical damage insurance on said Equipment. All such insurance shall be with Atlanta Mobile Storage shown as loss payee and/or additional named insured, and Lessee shall furnish certificates of such insurance to Atlanta Mobile Storage, which certificates shall contain a ten (10)-day notice of cancellation.

• Assumption of Risk; Indemnification. Lessee assumes all risk, responsibility, and liability arising from the possession, operations, and use of the Equipment, however sustained, including damages for injury or death to persons or damage or destruction of property howsoever arising therefrom or because thereof, and including any damage or destruction of Equipment contents due to Equipment condition. Lessee shall indemnify, save, and hold Atlanta Mobile Storage and its assigns harmless from any and all of the following, whether the same be actual or alleged: all claims; liens for storage, labor, and materials; all loss of and damage to said Equipment; and loss, damage, claims, penalties, liability, and expense, including but not limited to attorney’s fees, however arising or incurred because of said Equipment or the storage, maintenance, use, or operation thereof.

• Notices Lessee’s Notification as defined herein shall be made by telephone to Atlanta Mobile Storage at a phone number listed on Lessee’s most recent invoice from Atlanta Mobile Storage or on the website available at www.atlantamobilestorage.net. Any other notice herein required or permitted to be given by either Party to the other Party shall be deemed given if and when delivered by commercial courier (including, without limitation, by an overnight courier such as Federal Express) or when mailed by United States Certified Mail, postage prepaid, return receipt requested, in either case addressed to a Party at the address listed at the beginning of this Lease; or when sent by electronic mail to an address of the other Party’s primary contact at which the Party giving notice has already exchanged electronic mail messages..

• Entire Agreement. This Lease (including each and every agreement or receipt incorporating these terms and conditions by reference) contains the entire agreement of the Parties and supersedes any and all prior agreements and understandings relating to the Equipment and may be amended or supplemented only by an instrument in writing to Atlanta Mobile Storage prior to the end of the Lease term. If any provision of this Lease is ruled unenforceable, the remaining provisions shall remain in effect.

• Governing Law. This Lease shall be governed by the laws of the State of Georgia in all respects, including its validity, construction, interpretation and termination.