Common use of Default and Remedy Clause in Contracts

Default and Remedy. Section 182 of the New York State Lien Law gives Owner a lien on all property of Occupant stored at the facility for occupancy charges and other charges, present or future, in relation to the property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law, and any other charges pursuant to this Agreement. This lien is superior to any other lien or security interest and attaches as of the date the property is brought to the facility. Accordingly, if Occupant (a) fails to pay in the full monthly occupancy charge or any other charge when due, (b) abandons the storage unit, or (c) fails to comply with any other term of this Agreement, within ten (10) days after notice, Owner may (i) deny Occupant access to and overlock the storage unit until Occupant pays the occupancy charge or such other charges and/or (ii) make any demand or give any notice required by law and, if Occupant does comply with such demand or notice within the same time required by law, if any, Owner may sell Occupant's property in accordance with Section 182 of the New York State Lien Law or take any other reasonable, lawful action in connection with the termination of this Agreement, the removal of Occupant's property and the collection of any outstanding charges or other charges. Occupant will remain liable to Owner for all unpaid occupancy charges as well as for all other charges due and owing the date of termination and for any damages resulting from Occupant's non- compliance, including attorneys' fees and all expenses of Owner in connection with removing Occupant, removing, preserving and/or selling Occupant's property, and cleaning and repairing the storage unit or the facility.

Appears in 2 contracts

Sources: Self Storage Occupancy Agreement, Self Storage Occupancy Agreement

Default and Remedy. Section 182 of the New York State Lien Law gives Owner a lien on all property of Occupant stored at the facility for occupancy charges and other charges, present or future, in relation to the property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law, and any other charges pursuant to this Agreementagreement. This lien is superior to any other lien or security interest and attaches as of the date the property is brought to the facility. Accordingly, if Occupant (a) fails to pay in full the full monthly occupancy charge or any other charge when due, , (b) abandons the storage unit, or (c) fails to comply with any other term of this Agreementagreement, within ten (10) 10 days after notice, Owner may (i) deny Occupant access to and overlock the storage unit until Occupant pays the occupancy charge or such other charges and/or (ii) make any demand or give any notice required by law and, if Occupant does not comply with such demand or notice within the same time required by law, if any, Owner may sell Occupant's property in accordance with Section 182 of the New York State Lien Law or take any other reasonable, lawful action in connection with the termination of this Agreementagreement, the removal of Occupant's property and the collection of any outstanding occupancy charges or other charges. Occupant will remain liable to Owner for all unpaid occupancy charges as well as for all other charges due and owing the tothe date of termination and for any damages resulting from Occupant▇▇▇▇▇▇▇▇'s non- non-compliance, including attorneys' fees and all expenses of Owner in connection with removing Occupant, removing, preserving and/or selling Occupant's property, and cleaning and repairing the storage unit or the facility.

Appears in 1 contract

Sources: Self Storage Occupancy Agreement