VEHICLE STORAGE AGREEMENT

This Vehicle Storage Agreement (“Agreement”) is entered by and between Moto Visions (“Landlord”) and (“Tenant”). Both parties agree as follows:  

1. LEASE.  Landlord hereby leases to Tenant space (“Space”) to store vehicle(s) at Landlord’s property located at 18120 Bollinger Canyon Road, Building 4, San Ramon, California, 94583 (“Property”). 
2. STORAGE TERM. The term of this Agreement shall commence on stated "Commencement Date” and continue as a month-to-month tenancy. The month-to-month tenancy may be: (a) terminated or (b) amended to increase or decrease the number of vehicles stored at the Property by either party on the last day of any calendar month by delivery of at least 30 days advance written notice to the other party. Amendment to increase the number of vehicles shall include an updated Exhibit A that reflects all relevant information about the additional vehicles. 
3. RENT  PAYMENTS. Landlord’s rental rates are set forth on Landlord’s website. Tenant agrees to pay to Landlord monthly rent in the amounts set forth on the Website. Tenant acknowledges that Landlord may change the rental rates from time to time and such updated rental rates shall become effective 30 days after Landlord’s written notification to Tenant. Monthly rent payments shall be made in advance on the first day of each month via check or cash. Checks shall be delivered on or before the first day of each calendar month to 9000 Crow Canyon Road Suite S-300 Danville CA 94506-1175
4. LATE CHARGES. If any rent payment or other amount due is more than 10 calendar days late, Tenant agrees to pay a late fee of $50.00 per vehicle for each month that payment is late.
5. INSUFFICIENT FUNDS; Tenant agrees to pay the charge of $75 for each check delivered by Tenant to the Landlord that is returned to the Landlord for lack of sufficient funds. 
6. USAGE. No dangerous, flammable, explosive, or illegal items may be stored or kept in the Space. No person may sleep, cook, reside, operate a business, store chemicals, hazardous materials or materials that may cause a hazard (rags, piles of papers, etc.,) fuels or conduct repairs in the Space. Tenant may not store or grow any illegal substances or conduct illegal activity at the Property. Use of the Space does not grant Tenant permission to use  areas adjacent to the Space or other parts of the Property.
7. AUTHORIZED VEHICLES. Only vehicles specified in this agreement are authorized to be stored at the Space. Tenant verifies that the vehicle(s) stored are owned by the Tenant or that the Tenant has the right to possess or store the vehicles. All vehicles must be immediately transportable via tow or platform truck or driven under its own power. If      Landlord determines that any vehicles are not operational and/or creates a safety risk to personnel or other property, Landlord will provide notice of the condition and require an immediate remediation or removal from storage.
8. ABANDONED VEHICLES. Tenant agrees that falling more than 60 days in arrears in making any required payments under this Agreement, without prior written authorization from Landlord, constitutes abandonment of Tenant’s property stored at the Property. Tenant agrees that property determined by the Landlord to be derelict must be remediated or removed no later than 7 calendar days after notification to Tenant. Tenant agrees      that a failure to remediate or remove the offending property, without prior written authorization from Landlord, shall constitute abandonment of property and shall subject such property to immediate initiation of disposal proceedings by Landlord. 
9. PROHIBITED  ACTIVITIES. Tenant is prohibited from conducting any of the following activities at the Property:
   1. Repairs or maintenance on any vehicle is prohibited unless specifically authorized by Landlord.
   2. No dumping of trash or debris anywhere at the Property. 
   3. No dumping of any fluid whatsoever from Tenant vehicles.
   4. Spaces must be free from any accumulation of trash or debris at all times. A $50       fee shall be charged for removal of debris if it is not promptly removed by Tenant after notice. 
   5. No disposing of batteries, vehicle parts, or any hazardous materials at the Property. 
10. LIMITATION  OF LIABILITY. Landlord does not provide any security and is not responsible for any loss, damages incurred by the Tenant during the use of Space. Tenant acknowledges that Tenant assumes all responsibility for the security of the Space, vehicles stored in the Space and their person while using the Space. 
11. INDEMNITY. Tenant shall indemnify and hold harmless Landlord and Landlord’s officers,      agents, employees, members, managers, successors, and assigns (collectively, the “Landlord Parties”) free from and against any and all claims arising from Tenant’s use of the Space and the Property, or from the conduct of Tenant’s activity, work, or things done, permitted, or suffered by Tenant in, on, or about the Space or elsewhere on the Property, and shall further indemnify and hold harmless the Landlord Parties from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Agreement, or arising from any negligence of the Tenant, or any of Tenant’s agents, and from and against all costs, attorneys’ fees, expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding shall be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damages to property or injury to persons, in, on, or about the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against any  of the Landlord Parties.
12. INSURANCE. Tenant acknowledges that Landlord does not provide insurance covering      Tenant’s stored vehicles or any other personal property stored at the Space. Tenant agrees to maintain at Tenant’s expense such insurance policies as Tenant deems necessary to cover any and all damage to Tenant’s property stored at the Space, including loss by theft, vandalism, and malicious mischief. To the extent Tenant does not maintain such insurance, Tenant shall be deemed to have “self-insured” totally and shall bear all      risk of loss or damage. 
13. NO WARRANTIES OR RESPONSIBILITY FOR DAMAGE. Landlord hereby disclaims any implied or expressed warranties, guarantees, or representations of the nature, conditions, safety or security of the Space or the Property and the uses which may be made thereof.
14. WAIVER OF CLAIMS; RELEASE. Tenant agrees that, to the extent not expressly prohibited by any applicable law, Landlord Parties shall not be liable for any direct or consequential damage either to person or property sustained by Tenant, its assigns, officers, employees, agents, invitees, or guests due to the Property or any part thereof becoming out of repair, or due to any accident in or about said Property, or due to any act or neglect of any tenant or occupant of Property or of any other person. Tenant does forever release, acquit and discharge Landlord Parties from any and all actions for loss, damages, costs, charges, claims, demands, and liabilities of whatever nature arising out of the use of Space or the Property equipment or facilities. This release constitutes a material part of this Agreement and but for this release Landlord would not enter into this Agreement. Tenant acknowledges and agrees that Landlord does not provide any security      alarm system or other security for the Property or for the vehicles in storage in the Space. Tenant further agrees that all of Tenant’s vehicles and personal property in the Space and at the Property shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. 
15. DEFAULT. If Tenant fails to perform or fulfill any obligation under this Agreement, Tenant shall be in default of this Agreement. Furthermore, Tenant shall have 7 calendar days from receipt of Landlord’s notice of default to cure the default. In the event Tenant does not cure a default, Landlord may at Landlord's option (a) cure such default and the cost of such action shall be added to Tenant's financial obligations under this Agreement; or (b) terminate this Agreement without further notice, and Tenant shall promptly surrender the Space and all Tenant’s rights to the Property to Landlord. The provisions of this Section shall operate as a notice to quit, any other notice to quit or of Landlord’s intention to re-enter the Space being expressly waived. If necessary, Landlord may proceed to recover possession of the Space under applicable laws, or by such other legal proceedings, including re-entry and possession. Landlord shall have the right to continue the      Agreement in effect after Tenant’s breach and recover rent as it becomes due, and Landlord, in addition to all other rights and remedies, shall have the right described in California Civil Code.
16. CONDITION OF PREMISE UPON TERMINATION. Upon termination of this      Agreement, Tenant shall remove all of Tenant's property from the Space and shall immediately deliver possession of the Space to Landlord in the same condition as delivered to Landlord on the commencement date of this Agreement, reasonable wear and tear excepted.
17. ASSIGNMENT AND SUBLEASE. Tenant shall not assign or sublease any interest in this Agreement without prior written consent of the Landlord.
18. SEVERABILITY. If all or part of any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provisions, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative.
19. BINDING EFFECT. The covenants and conditions contained in the Agreement shall apply to and bind the parties and the heirs, legal representatives, successors, and permitted assignees of each party.
20. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or representations of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Landlord and Tenant.

NOTICE. Any notice or other communication provided for in this Agreement shall be in writing and sent to the addresses set forth on the signature page of this Agreement or to such other alternate address the notice person may from time to time designate in writing. 

1. ATTORNEYS’  FEES. In the event any party institutes any litigation or other legal proceeding concerning the enforcement or interpretation of the provisions of this Agreement, the prevailing party in such proceeding shall be entitled to receive reasonable attorneys' fees, arbitrator costs, and other costs incurred in such proceedings.
2. DELAYS  AND OMISSIONS. No delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach or default of any other party, shall impair any such right, power, or remedy of the first party; nor shall it be construed to be a waiver of any such breach or default or any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies afforded to any party, either under this Agreement or by law and otherwise, shall be cumulative and not alternative.
3. FACSIMILE OR ELECTRONIC TRANSMISSION OF DOCUMENTS. Any document, including counterparts of this Agreement, may be transmitted by facsimile or other electronic means and upon receipt shall be deemed an original.
4. COUNTERPARTS.  This Agreement may be executed in a number of counterparts (including separate signature pages), each of which shall be deemed an original and all of which shall constitute one and the same agreement.