BY ENTERING INTO THIS RENTAL AGREEMENT, OCCUPANT ACKNOWLEDGES AND AGREES THAT PURSUANT TO COLORADO LAW, ALL OF OCCUPANT’S STORED PROPERTY IS SUBJECT TO LIEN IN FAVOR OF THE OWNER. PURSUANT TO COLORADO LAW, SUCH PROPERTY MAY THEREFORE BE SOLD OR OTHERWISE DISPOSED OF IF PAYMENT HAS NOT BEEN RECEIVED BY OWNER IN A TIMELY MANNER, PER THE TERMS OF THIS RENTAL AGREEMENT.
ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS 30 DAY PERIOD PER SECTION 38-21-5-101, et seq. (2011) OF THE COLORADO REVISED STATUTES AS AMENDED.
TERMS AND CONDITIONS. These TERMS AND CONDITIONS of this RENTAL AGREEMENT and other RULES & REGULATIONS posted at the facility will become part of this RENTAL AGREEMENT and Occupant shall comply at all times with such RULES & REGULATIONS. Owner shall have the right from time to time to promulgate amendments and additional RULES & REGULATIONS for the safety, care and cleanliness of the Storage Space, Facility and all common areas, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Facility, they shall become a part of this RENTAL AGREEMENT. Additional forms and attachments added to this contract at time of RENTAL AGREEMENT and/or any time following the date of this agreement will also become part of RENTAL AGREEMENT.
ADDENDUMS. Any Addendums executed pursuant to this Agreement shall be deemed incorporated herein; in the event of any conflict between the terms and conditions of this Agreement and any such Addendum, the terms and conditions of this Agreement shall control. All additional forms, letters, and written agreements shall become part of this RENTAL AGREEMENT.
PROPER IDENTIFICATION. Owner has the right to deny rental of Storage Space without proper Identification, such as, current Driver’s License. Owner has the right to copy identification for our records and will stay on file until end of RENTAL AGREEMENT. Occupant of Storage Space must be at least 18 years old.
CHANGE OF PERSONAL INFORMATION. Occupant’s address shall be conclusively presumed to be the address provided by the Occupant in RENTAL AGREEMENT unless Occupant provides Owner with notice of a change of address.
Occupant must provide address and contact information changes, included but not limited to, change of address, telephone numbers, email addresses, and any other contact information changes, to Owner within ten days of any changes to this RENTAL AGREEMENT. Such changes will become a part of this RENTAL AGREEMENT when received and recorded by Owner. It is Occupant’s responsibility to verify that Owner has received and recorded the requested change of address. Such address shall be used for all notices under this Agreement or required by law. Failure to comply with this provision shall constitute a waiver by Occupant of any defense or claim based on failure of Owner to give notice. PO Box may be used however; a physical address must also be on record with the office personnel. Failure to update change of address will forfeit all refunds.
RELEASE OF OCCUPANT INFORMATION. Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s tenancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
NOTIFICATIONS. Unless otherwise arranged, WE DO NOT SEND MONTHLY STATEMENTS by mail. Statements may be sent by e-mail if a correct e-mail is provided. However, email statements are ONLY A COURTESY and Owner is not responsible for delivery errors or delays. It is the Occupant’s responsibility to make payments in a timely manner.
All notices required by law regarding this RENTAL AGREEMENT, to include but not limited to, late and lien notices, shall be sent by first-class mail postage prepaid to Occupant’s last known address and/or to the electronic mail address provided by the Occupant in this RENTAL AGREEMENT. Notices shall be deemed given when deposited with the U.S. Postal Service or when sent by electronic mail as provided by Colorado law. All statutory notices shall be sent as required by law.
Rate Change notifications will be delivered by first class mail postage prepaid to Occupant’s last known address 30 days prior to the actual change.
All notices shall be presumed delivered when either delivered in person, by electronic e-mail, or deposited with the United States Postal Services properly addressed with postage prepaid, except as otherwise provided by law.
RENTAL OF SPACE: In consideration of the covenants and conditions contained in this RENTAL AGREEMENT, Owner rents to Occupant, Storage Space at the self-storage facility at the above-described site. Owner is not in the warehouse business, nor in the business of storing goods for hire. Under no circumstances shall Owner be deemed to be bailee, (Person to whom Personal Property is entrusted for a particular purpose by another), or other type of custodian. Owner’s employees shall have been forbidden from providing any services on behalf of Owner. Should employees of Owner provide services at Occupant’s request, they shall be deemed to be agents of Occupant. No commercial operation is to be conducted in the Storage Space.
USE OF STORAGE SPACE. Occupant shall not use the Storage Space for residential purposes nor store live or dead animals, or plants of any type. Occupant is strictly prohibited from storing or using materials in the Storage Space or at the Facility classified as hazardous or toxic under any local, state or federal law or regulation. Occupant is strictly prohibited from storing any flammable, corrosive, ammunition, gasoline, explosives, chemical agents, perishable food or any items that may attract rodents or other animals or insects, and Occupant shall not store any items which may create a noxious or strong odor, or any inherently dangerous materials. Occupants obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Owner, arising out of the storage or use of any hazardous or toxic material by Occupant, Occupant’s agents, employees, invitees or guests. Occupant agrees that Owner may enter the Storage Space at any time to remove and dispose of prohibited items.
Occupant agrees that the Storage Space and Facility shall be used solely for the storage of personal property and Occupant agrees that the Occupant will not use the Storage Space for any unlawful purpose. Occupant agrees to adhere to all restrictions concerning use of the Storage Space set forth herein in this Agreement. Owner exercises neither care, custody nor control over Occupant’s stored property. Occupant agrees to use the Storage Space only for the storage of property wholly owned by Occupant.
Owner is not in the warehouse business, nor in the business of storing goods for hire. Personal or Commercial business may not be run from the storage unit and business customers are not allowed on the premises. No personal or public sales are allowed from your unit. Items from business must be for storage use only.
Storage Space shall not be used for Active Storage, i.e., manufacturing, fabrication or maintenance. Electricity is not supplied for use by the Occupant. Engineering any use of electricity within the unit is prohibited and cause for termination of RENTAL AGREEMENT. Occupant shall not use electric, propane, or battery operated equipment or tools, i.e., but not limited to, soldering equipment, heaters, space heaters, compressors, generators, etc. No combustible materials are allowed. Occupant shall not use the Storage Space to perform maintenance or repairs on vehicles, or use the Storage Space to create or repair or perform any type of artistic work. Owner is not engaged in the business of storing goods for hire and no bailment is created under this RENTAL AGREEMENT.
Occupant shall not make, any alternation of the space or facility, nor post any signs for any reason.
Occupant waives any claim for emotional or sentimental attachment to the stored property. Nothing herein shall constitute any agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything herein alter the release by Occupant of any liability on the part of the Owner as set forth in this
ACCESS. Occupant shall only have access to the Storage Space and Facility during the hours and days posted at the Facility. In Owner’s sole discretion, Occupant’s access to the Storage Space may be conditioned in any manner deemed necessary by Owner to maintain order and protect security of the Storage Space and Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupant’s photo identification. Any Occupant or person in the Storage Space or on the Facility outside of stated hours may be considered trespassing and the Owner or its agents may have such person removed from the property by the local police enforcement agency. In the event Occupant fails to pay the monthly Rent, Owner shall have the right to restrict Occupant from access to the Facility and Storage Space. Occupant shall ensure there is a suitable lock to safeguard Occupant’s property in the Storage Space. Only ONE (1) personal lock is allowed on the Storage Unit. Owner shall have access to the Storage Space at any time to ensure compliance with this Agreement.
SECURITY OF STORAGE SPACE. Occupant agrees to be solely responsible for providing a lock to secure access to the Storage Space. Lock must be adequate to secure access to the space. Occupant acknowledges that a high security cylinder lock is recommended. In the event such locks are rendered ineffectual for their intended purpose from any cause, or the Storage Space becomes insecure for any reason, Owner may, but is not obligated to, take whatever measures Owner deems reasonable to re-secure the Storage Space, with or without notice to Occupant, in Owner’s sole discretion. The fact the Owner has taken measures to secure access to Occupants Storage Space shall not serve to alter the limitations on Owner’s Liability set forth elsewhere in this RENTAL AGREEMENT, nor shall such measures be deemed a conversion of Occupant’s stored property.
Occupant shall also be solely responsible for any access to the space achieved by others, by use of any of Occupant’s keys, combinations, or other ordinary means of access, subject to all of the terms and limitations of this agreement whether or not such access is achieved as a result of Occupant’s intent or authorization. ONE PERSONAL LOCK IS REQUIRED and ONLY ONE PERSONAL LOCK is permitted on the unit. Owner has the right to cut one lock off at Occupant’s expense if more than one personal lock is placed on the unit. Replacement of cut lock is the responsibility of the Occupant.
Owner may cut the personal lock at Occupant’s request. Owner has the right to charge for this service and also has the right to cut the lock in his own time, and not in the timeframe given by the Occupant. Owner also has the right to refuse to cut a lock, thus requiring Occupant to hire a private locksmith of his choosing. Occupant must accompany locksmith during this time, to include access in and out of the gate.
DEATH OF OCCUPANT. Upon the death of Occupant, any person wishing access to the Storage Space shall provide Owner a certified copy of Occupant’s death certificate as well as Letters issued by the controlling court providing the party the right to gain access and/or Power of Attorney.
ASSIGNMENT/SUBLET/TRANSFER. Occupant shall not assign or sublease the Storage Space or any portion thereof without in each instance the prior written consent of Owner. If two people rent the storage together and both have signed the RENTAL AGREEMENT, both parties are responsible for the unit. Transfer of Storage Space RESPONSIBILTIES may be done if BOTH parties sign a Transfer of Responsibilities form and proper ID is recorded. New Occupant agrees to all responsibilities of this contract.
TRANSFER OF OWNERSHIP: Owner may assign or transfer this RENTAL AGREEMENT without the consent of Occupant and after such assignment or transfer; Owner shall be released from all obligations occurring after such assignment or transfer.
RESPONSIBILITY FOR OCCUPANT’S POSSESSIONS. Owner, and Owner’s agents, shall have no liability for damage or loss caused by heat, cold, theft, vandalism, fire, water, winds, dust, rain, explosion, rodents, insects or any other cause of nature or manmade whatsoever, including, but not limited to claims which could be brought per C.R.S. Sec. 13-21-115, (2011).
INSURANCE. Occupant shall purchase and maintain a comprehensive insurance policy of fire, extended coverage endorsement burglary, vandalism and malicious mischief insurance for 100% of the actual cash value of Occupant’s property in the Storage Space. Insurance on Occupant’s property is a material condition of this agreement and is for the benefit of both Occupant and Owner. Failure of Occupant to carry the required insurance is a breach of this RENTAL AGREEMENT and will result in Occupant being self-insured for Occupant’s property in the Storage Space; Occupant assumes all risk of loss to stored property in the Storage Space that would be covered by any such insurance. Occupant expressly agrees that the insurance company providing any such insurance for Occupant shall not be subrogated to any claim of Occupant against Owner, Owners agents or employees for loss of or damage to stored property. Occupant further acknowledges and agrees that Owner does not carry insurance on Occupant’s property either in the Storage Space or on the Facility, for either for loss or damage.
To the extent Occupant does not maintain such insurance, Occupant agrees to “self-insure” the property to the same extent as such policy would have provided. Occupant hereby agrees to indemnify and hold harmless the Owner from any and all claims for damages to property or personal injury and costs including attorney’s fees arising from Occupant’s use of the premises. Owner carries no insurance covering a loss to Occupant’s possessions. Owner shall not be deemed to either expressly or impliedly provide any security protection to Occupant’s property maintained at the Site. Any security devices, which Owner may maintain at the Site, are for Owner’s convenience only. Owner may discontinue their use at any time without notice to Occupant.
RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY. Owner, Owner’s agents and employees shall not be liable to Occupant for any accident, injury or death, or medical expenses, etc., to any persons as a result of Occupant’s use of the Facility or the Storage Space, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
INDEMNITY. Occupant agrees to indemnify and hold harmless and defend Owner from all damage, loss expense, claims demands, actions or causes of action *including attorney fees and costs, as a result of any claims concerning damages or injuries to any person or property that are hereinafter brought arising out of this RENTAL AGREEMENT or in connection with Occupant’s use of the Storage Space and the Facility, or arising out of or in connection with any claims for damages to any person or property based upon claims upon Owner’s alleged negligence, which claims shall include, but not limited to, claims involving any access to the Storage Space or the Facility by either the Occupant, or acquaintances of the Occupant, and any injuries related thereto, including injuries as a result of slipping or falling. This indemnity obligation specifically extends to any actions, orders, penalties, or enforcement procedures made or brought by any governmental agency or insurance company in connection with any materials or property stored in Occupant’s Storage Space or brought onto the Facility by Occupant or friends, acquaintances, and/or family of Occupant.
OWNER’S RIGHT TO ENTER, INSPECT, AND/OR REPAIR. Upon the request of Owner, its agents or employees, Occupant shall provide access to the Owner, its agents, or employees, to enter the leased space for the purpose of inspection, repair, alteration, improvement, or to supply necessary or agreed services. IN CASE OF AN EMERGENCY, OWNER, ITS AGENTS OR EMPLOYEES, MAY ENTER THE LEASED SPACE FOR ANY OF THE ABOVE STATED PURPOSES WITHOUT NOTICE TO OR CONSENT FROM THE OCCUPANT AND OWNER RESERVES THE RIGHT TO REMOVE THE CONTENTS OF THE LEASED SPACE TO ANOTHER SPACE OR FACILITY. For the purposes of this paragraph, the term “emergency” means any sudden, unexpected occurrence or circumstance which demands immediate action.
In the event of any damage or injury to the Storage Space or the Facility arising from the negligent or deliberate act or omissions of the Occupant, or for which Occupant is otherwise responsible, all expenses reasonably incurred by the Owner to repair or restore the Storage Space or the Facility including any expense incurred in connection with any investigation of site conditions, legal fees, or any cleanup, removal or restoration work required by an applicable local, state or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, shall be paid by the Occupant as additional rent and shall be due upon demand by the Owner.
NO SMOKING FACILTY. Smoking shall NOT be permitted on the premises of this facility. This includes, without limitation, inside and outside of gate, parking lots, office, hallways, rental units, restrooms and inside vehicles on the premises.
DUMPSTER. LITTERING is prohibited. DUMPSTERS are provided for employees only. Occupant is required to adhere to posted dumpster signs. Fines will be implemented according to posted signs at the facility. Any items or trash left in the facility, or in or around a dumpster will result in a fine and potential eviction. Facility policy is: You haul it in; You haul it out.
Occupant shall not place any personal property or material outside Storage Space. Any personal property or personal material found outside the Storage Space shall be conclusively presumed to be abandoned and may be disposed of by Owner without liability of Owner to Occupant.
ABANDONMENT. Occupant agrees that Occupant shall be deemed to have abandoned the Storage Space upon the following: (1) the leaving behind of any property in the Storage Space upon the termination of this RENTAL AGREEMENT; (2) upon default of this RENTAL AGREEMENT after required notice has been provided from Owner to Occupant per Colorado law; and (3) upon Owner observing the Storage Space and finding it unlocked or other evidence which would allow a reasonable person to conclude the Storage Space had been abandoned. (4) upon current address, phone #s and or e-mails, being outdated, leaving no way to contact the Occupant. In the event of an abandonment, Owner may dispose of Occupant’s property as Owner sees fit, and Owner shall not be held responsible for the removal, destruction, or dissemination of any of Occupant’s materials or information left abandoned in the Storage Space, including, but not limited to, Occupant’s personal information, artifacts, medical information or documents, and financial information left abandoned by Occupant.
TERMINATION BY OCCUPANT. Occupant may terminate this RENTAL AGREEMENT upon providing two (2) days advanced notice of Occupant’s intent to terminate. There shall be no pro rata refund of any pre-paid rent, unless Occupant has provided said notice in a timely fashion.
TERMINATION BY DEFAULT. This RENTAL AGREEMENT may, at the option of Owner, be terminated upon any default by Occupant under the terms set forth herein in this RENTAL AGREEMENT, or the abandonment of the Storage Space by Occupant. If Occupant fails to perform any of the terms and conditions of this RENTAL AGREEMENT, or in the event Occupant files a voluntary petition in bankruptcy or suffers an involuntary petition in bankruptcy, Occupant shall be deemed in default in the performance of this RENTAL AGREEMENT, and, without prejudice to any other remedies available to Owner, Owner may terminate this RENTAL AGREEMENT, and seize and sell Occupant’s property from the Storage Space, which seizure and sale shall be in compliance with C.R.S. Sec.38-21.5-101, et seq. (2011). Owner’s decision to pursue one remedy shall not prevent Owner from pursuing other available remedies. Occupant agrees that upon any instance of default, Occupant shall not have access to the Storage Space, or the Facility, until such time as the default has been cured and Owner acknowledges that the default has been cured.
TERMINATION BY EVICTION. Owner has the right to “demand” immediate removal of Occupant for any unlawful act of self or visitors, and has the right to call Authorities of the law if necessary for any reason. Owner has the right to deny access of the facility and unit and may terminate this RENTAL AGREEMENT at any time.
Immediate eviction of non-compliance to THIS RENTAL AGREEMENT shall by delivering no less than two (2) day notice to Occupant. Notice may be given verbally, followed by electronic e-mail and/or certified registered mail. Upon notice of eviction, Occupant shall remove all property from the Storage Space and the Facility and leave the Storage Space in the same condition as delivered to Occupant. If Owner is required to dispose of any property of Occupant after Occupant has removed the property from the Storage Space, Owner may charge a reasonable fee for disposal of that property. Owner has the right to deny access to the facility and to the unit as deemed necessary.
CONDITION OF STORAGE SPACE UPON TERMINATION. At least a two (2) day notice is required prior to termination of this RENTAL AGREEMENT, Occupant shall remove all Occupant’s personal property from the Storage Space, including removal of any lock on the entrance to the Storage Space, unless such property is subject to Owner’s rights as referenced herein in this RENTAL AGREEMENT; in addition, Occupant shall immediately deliver possession of the Storage Space to Owner in the same condition as delivered to Occupant on the commencement date of this RENTAL AGREEMENT. Failure to give a 2 day notice forfeits any refund due to the occupant. Failure to remove lock will constitute continued rental and payment of the unit until lock is removed. Occupant must notify office personnel when completely moved out and personal lock removed, and return of any outside door keys. An inspection will be done and proper move out from the system will follow. Refunds, if any, may take up to two weeks, and sent by our main office, rather than from the facility itself.
Unit must be completely empty and clear of personal items and personal lock removed. Unit must be swept, and free from any damage. Outside door keys must be returned to Owner. An inspection with office personnel may be required before account is closed. Failure of any of these conditions will forfeit your refund/deposit and you may be subject to continued charges for the unit and or subject to collections by law. All refunds may take approximately four (4) weeks if sent by mail. Failure to update correct address upon termination will forfeit refunds.
OWNER’S LIEN. Owner may enforce the Owner’s Lien established by Colorado law, which enforcement may include removal of Occupant’s lock, inspection and inventory of the property of Occupant in the Storage Space and by selling Occupant’s property stored in the Storage Space. Occupant shall be responsible for all costs associated with Owner’s enforcement of Owner’s Lien established by Colorado law, including reasonable attorneys’ fees, if applicable. Any sale shall be in compliance with C.R.S. Sec. 38-21.5-101, et seq. (2011). Net proceeds of the sale shall be paid to Owner in the following order: (1) first, to reimburse Owner for the costs of the sale, which costs shall include fees and costs for accessing the Storage Space, publication, auction, and a lien-sale fee assessed against the Occupant to help defray the costs to Owner of completion of the sale; and (2) second, to reimburse Owner for any amounts owed to Owner from Occupant for past due rents, and late fees. The date of any such sale shall terminate this RENTAL AGREEMENT. Such sale shall not release Occupant from amounts owed to Owner, but left uncollected after the sale and subject to collections.
OTHER LIENS ON OCCUPANT’S PROPERTY. Occupant agrees that other than the Owner’s Lien afforded by Colorado law, there are no other liens on Occupant’s property or stored vehicles to include watercrafts, motorcycles, storage PODs, bank notes or loans on furniture and/or appliances, etc. An Addendum to this RENTAL AGREEMENT must be completed if there are any lienholders on any property stored at this facility. In the absence of such Addendum being completed, the storage of any property subject to and any vehicle will be deemed in violation of this RENTAL AGREEMENT and an incident of default and such property shall be subject to removal from the Storage Space and the Facility.
WAIVER OF JURY TRIAL. Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by Owner against Occupant, or Occupant against Owner, or Owner’s agents, or employees, on any matter arising out of or in any way connected with, this RENTAL AGREEMENT, Occupant’s use of the Storage Space or Storage Space, or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statute or regulation. This jury trial waiver is also made by Occupant on behalf of any of Occupant’s agents, guests or invitees.
MILITARY. Military members are under the same obligation of payment in a timely manner as any other occupant. However, Military Service members Civil Relief Act (SCRA) provide protection for individuals called to active duty or deployed. A person holding a lien on the property or effects of a service member may not foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement. Proper Military identification must be given at time of RENTAL AGREEMENT and Occupant must inform Owner when military service is complete.
SUCCESSION. All of the provisions of this RENTAL AGREEMENT shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
EXCLUSION OF ALL WARRANTIES. The agents and employees of Owner are not authorized to make warranties about the space, premises, and facility referred to in this agreement. Owner’s agents and employee’s ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Occupant, nor shall any of said statements be considered a part of this agreement. The entire agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space, premises, and facility referred to herein. It is further understood and agreed that Occupant has been given an opportunity to inspect, and has inspected the space, premises, and facility and that Occupant accepts such leased space, premises, and facility AS IS and WITH ALL FAULTS.
NO WARRANTIES. Owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Storage Space and the Facility and Occupant hereby acknowledges, as provided in the paragraph above, that Occupant has inspected the Storage Space and the Facility and hereby acknowledges and agrees that Owner does not represent or guarantee the safety or security of the Storage Space or the Facility or of any Occupant’s property stored therein, and this RENTAL AGREEMENT does not create any contractual duty for Owner to create or maintain such safety or security.
ENTIRE AGREEMENT. This RENTAL AGREEMENT sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of Owner or Owner’s Agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein.
CONTRACT INTERPRETATION. This RENTAL AGREEMENT shall be governed and construed in accordance with the laws of the State of Colorado C.R.S. (2011, 38-21.5-101, et seq. (2011). Whenever possible, each provision of this RENTAL AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this RENTAL AGREEMENT shall be invalid or prohibited under such applicable law, such provision shall be ineffective only to the extent of such prohibition of invalidity without invalidating the remainder of such provision or the remaining provisions of this RENTAL AGREEMENT. The headings of the various provisions of this agreement have been included only for the convenience of the parties and are not to be used in ascertaining the intentions of the parties