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GAN 401 Storage Agreement

The Owner hereby requests Gan 401 Storage (“Gan 401”) to store the above-described Boat at the premises known as 900 Queen Street, Gananoque (the “Storage Facility”) for the period beginning on or after February 11, 2025 and ending on or before May 31, 2025, as agreed by Owner and Gan 401.


Amount is payable by Cheque, Cash, or E-Transfer at the time of delivery, provided if this Agreement is signed prior to delivery of the Boat for transport, and the balance is due at the time of delivery of the Boat.


If the Owner requires the Boat to be hauled to the Storage Facility, the Owner shall pay to Gan 401 its standard rates for haulage in effect from time to time.


ANY AND ALL MAINTENANCE WILL BE DONE BY SUBCONTRACTOR APPROVED BY GAN 401 STORAGE.


SPECIAL WORK ORDERS: The Owner shall not hire or engage any contractor, mechanic, installer, repairman, or other paid workmen to perform work on the Boat while stored at the Storage Facility without the prior written consent of Gan 401. Gan 401 reserves the right to restrict entry or access to the Storage Facility by the Owner, the Owner’s contractors, mechanics, installers, repairmen, or other paid workmen.


The general terms and conditions applicable to this Agreement are attached as Schedule “A”.

SCHEDULE “A”

ADDITIONAL TERMS AND CONDITIONS TO WINTER STORAGE AGREEMENT

The Owner hereby agrees to store the Vehicle with Gan 401 at the Storage Facility under the following Terms and Conditions.

(a) The Storage Facility is equipped with surveillance cameras, sprinkler system, heating capability with back-up generators and perimeter fencing, Gan 401 does not otherwise assume any duty to care for the Boat or to prevent loss or damage thereto while the same is under the control and direction of Gan 401 or at the Storage Facility;

(b) Except for the gross negligence or fraud of Gan 401, the Owner hereby releases Gan 401 from liability for any damage, expense or loss to the Boat however caused by Gan 401, its employees, agents or representatives or otherwise, while the Boat is under the control and direction of Gan 401 or at the Storage Facility and from all actions, causes of action, claims and demands in any way related to this Agreement; and, (c) The Owner hereby agrees to reimburse or indemnify Gan 401 for any damages caused to any property of Gan 401 and for any sums required to be paid to anyone by Gan 401, its agents or representatives as the result of the presence at the Storage Facility of the Owner or the Boat.

INSURANCE: The Owner hereby agrees to maintain adequate insurance coverage on the Boat while the Boat is under the control and direction of Gan 401 or is at the Storage Facility including replacement coverage in the event of damage to the Boat and liability resulting from damage to persons or property. The Owner shall provide Gan 401, at the time of executing this Agreement, a Certificate of Insurance confirming the coverage required by Gan 401 and the terms of this Agreement.

CLAIM FOR LIEN: The Owner acknowledges that Gan 401 shall have the right to a lien against the Boat for all unpaid sums due to Gan 401 under this Agreement. Gan 401 shall be entitled to liens pursuant to the Repair and Storage Liens Act, R.S.O. 1990, c.R-25, as amended and any successor statutes. Gan 401 shall be entitled to retain possession of the Boat until payment is received by Gan 401 of all sums owing by the Owner or until the Boat is disposed of in accordance with the Repair and Storage Liens Act.

AGREEMENT ONLY: The Owner expressly acknowledges that this Agreement is an agreement between Gan 401 and the Owner wherein the Owner is permitted to use the storage space and area at the Storage Facility from time to time designated by Gan 401 for the storage of the Owner’s Boat.

LOCATION FOR STORAGE: This Agreement shall not grant to the Owner any right, title, claim or interest in or to any specific storage space or area within the Storage Facility. Gan 401 may determine, at its sole discretion, where the Boat is to be stored within the Storage Facility. Gan 401, at its sole discretion and without notice to the Owner, may relocate the Boat from time to time as it may deem necessary.

NO DUTY TO INSPECT OR MAINTAIN:

(a) Gan 401 shall have no obligation to inspect or provide maintenance or repair for the Boat unless otherwise by separate agreement between the Owner and Gan 401 and

(b) Gan 401 shall have no obligation to notify the Owner of the necessity for any maintenance or repairs of the Boat during the period of this Agreement.

AUTHORITY OF CORPORATION TO EXECUTE AGREEMENT: If the Owner is a corporation then:

(a) The Person signing this Agreement hereby acknowledges that he or she has the authority to bind the corporation;

(b) The Owner has all necessary corporate power, authority and capacity to enter into this Agreement and to perform its obligations under this Agreement; and

(c) The execution and delivery of this Agreement and the consummation of the transactions contemplated under it have been duly authorized by all necessary corporate actions on the part of the Owner.

ASSIGNMENT: The Owner and Gan 401 shall have the right to assign his/her/its rights under this Agreement to a bona fide purchaser upon written notice to the other. In the event of assignment by the Owner or Gan 401, upon such assignment, and assumption by the purchaser, the Owner or Gan 401, as the transferring party, shall be released from his/her/its covenants, agreements and obligations under this Agreement arising after the date of such assignment and assumption.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties an there is no representation, warranty, condition or collateral agreement affecting this Agreement other than as expressed herein. This Agreement may be amended only in writing upon written consent of Gan 401 and the Owner. This Agreement governs the terms and conditions for the storage services offered by Gan 401. Any overdue accounts shall be levied a 2% monthly carrying charge on any overdue amounts.

SUCCESSORS: This Agreement shall be binding on each of the parties hereto, their respective heirs, executors, administrators, personal representatives, successors and assigns.

SEVERABILITY: The Owner agrees that all provisions of this Agreement are severable. If any provision is held to be invalid, it shall not affect the other provisions, which shall be given full force and effect.

JURISDICTION: This Agreement shall be read with all changes of gender and number required by the context. This Agreement and the affairs of all parties shall be governed by the laws of the Province of Ontario.

Gan 401 Storage will endeavor to have your stored Boat ready for your requested date.

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