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1.1 This Agreement shall not confer to the Licensee any right to exclusive possession of the Unit (or surrounding Property).
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this licence.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The Schedule forms part of this licence and shall have effect as if set out in full in the body of this licence. Any reference to this licence includes the Schedule.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
1.8 Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.9 A reference to writing or written includes e-mail.
1.10 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.11 References to clauses and Schedules are to the clauses and Schedules of this licence and references to paragraphs are to paragraphs of the relevant Schedule.
1.12 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.13 A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. Licence to Store
2.1 Subject to clause 3 and clause 5, the Licensor permits the Licensee to occupy the Unit for the sole purpose of storage for the Licence Period in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Unit for the Permitted Use).
2.2 The Licensor permits the Licensee the following rights:
(a) the right to use the Unit for storage purposes only; and
(b) the right over such parts of the Property for the purpose of access to and egress from the Unit as shall from time to time be designated by the Licensor for such purpose.
2.3 The Licensee acknowledges that:
(a) the Licensee shall occupy the Unit as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;
(b) the Licensor retains control, possession and management of the Unit and the Licensee has no right to exclude the Licensor from the Unit;
(c) the licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause 2 may only be exercised by the Licensee; and
(d) without prejudice to its rights under clause 5, the Licensor shall be entitled at any time on giving not less than 72 hours’ notice to require the Licensee to transfer to an alternative Unit elsewhere within the Property and the Licensee shall comply with such requirement.
(e) the licensor may refuse access to the unit where monies are owing by the licensee to the licensor, whether or not a formal demand for payment of such monies has been made.
(f) No oral statements made by the Licensor or its employees shall form part of this Agreement.
3. Licensee's obligations
The Licensee agrees and undertakes:
(a) to pay to the Licensor the Licence Fee payable without any deduction in advance on the first day of each month and proportionately for any period of less than a month the first such payment being for the period from and including the Licence Fee Commencement Date to the end of the month together with such VAT as may be chargeable on the Licence Fee.
(b) One month’s notice will be given for any Rental Increase.
(c) To pay the Deposit on signing this Agreement. The Deposit (or the balance after any appropriate deductions for unpaid fees, repairs, cleaning or other charges to put right any breach of this Agreement by licensee) will be refunded by cheque or electronic transfer within 21 days of termination of this Agreement.
(d) to keep the Unit clean, tidy and clear of rubbish;
(e) not to use the Unit other than for the Permitted Use;
(f) not to make any alteration or addition whatsoever to the Unit;
(g) not to do or permit to be done on the Unit anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor or to tenants or occupiers of the Property or other Units or any owner or occupier of neighbouring property;
(h) not to cause or permit to be caused any damage to the Unit, the Property or any neighbouring property; or
(i) not to obstruct any part of the Property or make it dirty or untidy or leave any rubbish on it;
(j) not to do anything that will or might constitute a breach of any Necessary Consents affecting the Property or which will or might vitiate in whole or in part any insurance effected by the Licensor in respect of the Property and the Unit from time to time; observe any reasonable rules and regulations the Licensor makes and notifies to the Licensee from time to time governing the Licensee's use of the Unit and Property;
(k) to leave the Unit in a clean and tidy condition and to remove the Licensee's items and goods from the Unit at the end of the Licence Period;
(l) to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
(i) this licence;
(ii) any breach of the Licensee's undertakings contained in clause 3; and/or
(iii) the exercise of any rights given in clause 2;
(m) to pay to the Licensor interest on the Licence Fee or other payments at the rate of three per cent per annum above the base rate of National Westminster Bank from time to time calculated on a daily basis from the due date until payment if the Licensee shall fail to pay the Licence Fee or any other payments due under this licence within 14 days of the due date (whether formally demanded or not).
4. Inspection and Entry by the Licensor
a) Subject to clause (b) the licensee consents to inspection and entry of the container by the Licensor provided that 21days written notice has been given.
b) In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Licensor, threatened , the Licensor may enter the container using all necessary force without the written consent of the Licensee. The Licensee consent s to such entry.
5.1 This licence shall end on the earliest of:
(a) the end of the licence period; and
(b) the expiry of any notice given by the Licensor to the Licensee at any time on breach of any of the Licensee's obligations contained in clause 3; and.
(c) the expiry of not less than two weeks notice given by the Licensor to the Licensee or by the Licensee to the Licensor.
(d) Container must be left clean and empty, padlock with two keys must be left inside, failure to leave padlock and both keys will result in a replacement charge deducted from your deposit.
5.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
5.3 The Licensee on the earlier of:
(a) termination of this Licence; or
(b) notice to terminate; or
(c) failure to pay rent in accordance with clause 3 (l);
shall remove all items and possessions from the Unit within 72 hours and there all remaining possessions shall be deemed to be abandoned goods and the Licensee forfeits any claim to such abandoned goods.
5.4 The Licensee’s liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under the Agreement continues to run beyond the termination of this Agreement.
Any notice given under this licence shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service or by email to the Licensor firstname.lastname@example.org or to the Licensee at email address listed above.
6.1 A notice sent by e-mail shall be deemed to be a valid notice under this licence.
6.2 Any notice given in accordance with clause 5.1 will be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting.
(c) if sent by email, at such time and day the email was sent.
6.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
7. Limitation of Licensor's liability
7.1 Subject to clause 7.2, the Licensor is not liable for:
(a) damage to any items of the Licensee stored at the Unit be it theft, damage to and deterioration of the Goods, damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of materials from any other unit, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts of omissions, negligent deliberate or otherwise of the licensor or persons under its control.; or
(b) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee in the exercise or purported exercise of the rights granted by clause 2.
7.2 Nothing in clause 7.1 shall limit or exclude the Licensor's liability for:
(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents;
(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.
8. Third party rights
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.
9. Governing law
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims). This licence has been entered into on the date stated at the beginning of it.