TENANT PROPERTY PROTECTION PORTABLE CONTAINER TERMS & CONDITIONS

THIS IS NOT A CONTRACT OF INSURANCE AND THE COMPANY IS NOT AN INSURANCE COMPANY. See Section 15.

1. PORTABLE CONTAINER PROTECTION PLAN / DUTY TO INSURE ADDENDUM
This addendum (“Addendum”) to the applicable rental agreement between Customer and Company (the “Agreement”) establishes and clarifies the contractual liabilities of each party regarding: (i) damage to Customer’s contents (“Contents”) stored in a Portable Container, and (ii) damage to a Portable Container when it is not in Company’s possession. Capitalized terms not otherwise defined herein shall have those meanings ascribed to them in the Agreement.

2. REPRESENTATIONS, WARRANTIES AND DUTY TO INSURE
Subject to the limitations and exclusions in this Addendum, Company (i) assumes responsibility for damage or loss to Contents other than specific excluded property as provided herein (“Covered Property”) from certain covered losses and (ii) assumes responsibility for purchasing such insurance as Company deems necessary to insure or financially back these obligations. Company shall only be responsible for damages occurring during such period(s) for which Customer has paid Company all required rental, transport, storage, and/or service fees due. In consideration for Company assuming responsibility for damage and purchasing insurance to protect Covered Property from such damage, the additional fees assessed against Customer for the Portable Container Protection Plan reflect the additional costs to Company for providing the Portable Container Protection Plan for the benefit of Customer. All applicable deductibles and the coinsurance provision in Section 9 are disclosed on the face of the signed Customer Responsibility Addendum. Customer is obligated to notify Company of any requested change to the Declared Value/coverage limit; otherwise, Customer warrants that the Declared Value selected is accurate.

3. COVERAGE PERIOD
Coverage commences upon execution of the Agreement and continues until the earliest of the following: (i) expiration or termination of the Agreement; (ii) return of the Portable Container to Company; (iii) non-payment of any fees due to Company for the Portable Container Protection Plan and/or under the Agreement; or (iv) termination of the Portable Container Protection Plan in accordance with the terms provided herein. If the Portable Container Protection Plan terminates for non-payment, Company may, at its sole discretion, reinstate Customer’s participation upon payment of all rent and other charges due and owing, provided that no loss or damage has occurred during the period of non-payment.

4. COVERAGE TERRITORY
Company only covers loss occurring in the United States of America. Coverage extends while the Portable Container is located at a Company site, warehouse, or container storage facility; in transit; or at Customer’s designated location, including the delivery or storage location identified in the UNITS Lease Agreement.

5. PROPERTY NOT COVERED
Notwithstanding any other provision herein, Company does not assume liability for loss or damage to the following categories of personal property, except to the limited extent expressly stated below. Any sublimited property described in this Section 5 is Covered Property only up to the stated sublimit, regardless of the covered cause of loss.
(1) Property not covered under any circumstance: money, bank notes, scrip, securities, accounts, deeds, evidences of debt, letters of credit, notes other than bank notes, bullion, gold, goldware, silver, silverware, platinum, coins, precious metals, pewter, stored value cards, smart cards, firearms, animals, aircraft, hovercraft, motor vehicles and engines, trailers, computer software or programs, media or computer data contained on hard disks or drives, property not owned by Customer or for which Customer is not legally liable, and any property not permitted to be stored in the Portable Container as provided elsewhere in the Agreement.
(2) Property subject to a $500 combined sublimit: manuscripts, personal records, passports, tickets, stamps, jewelry, watches, and precious or semiprecious stones are covered only to the extent their combined total value does not exceed $500.
(3) Property subject to the lesser of $15,000 or the purchased Portable Container Protection Plan limit: furs, antiques, works of art, mobile phones, perfumery, wines, cigars, spirits, consumer electronic items, and commercial electronic items are covered only to the extent their combined total value does not exceed $15,000 or the purchased Portable Container Protection Plan limit, whichever is less.
(4) Data records: loss of data records is not covered except for the cost of blank data-carrying materials.

6. COVERED CAUSE OF DAMAGE
Company will only pay for loss to Covered Property resulting from the following covered causes of loss, subject to the property limitations and sublimits in Section 5 and the exclusions in Section 7: Fire or Lightning; Windstorm or Hail, but not loss caused by rain, snow, sleet, sand, or dust unless the direct force of wind or hail damages the Portable Container, causing an opening in a roof or wall, and the rain, snow, sleet, sand, or dust enters through that opening; Explosion; Riot or Civil Commotion; Aircraft or Vehicles; Smoke; Vandalism and Malicious Mischief; Weight of Ice, Snow, or Sleet; Accidental Discharge or Overflow of Water or Steam from a plumbing, heating, air conditioning, or automatic fire protective sprinkler system; Water damage to Contents caused by a leak in the Portable Container, whether the Portable Container is located at a Company site, warehouse, container storage facility, in transit, or at Customer’s designated location or in Customer’s possession (water damage caused by flood, surface water, or rising water remains excluded under Section 7); Falling Objects, but only if the roof or an outside wall of the Portable Container is first damaged by the falling object; Burglary, provided there is evidence of visible forced entry into the Portable Container and Customer obtains and submits a police report, regardless of the Portable Container’s location; Collapse of the Portable Container or of a building onto the Portable Container, but only if the collapse was caused by a covered cause of loss; Federally Certified Acts of Terrorism, but not acts of chemical, biological, or nuclear terrorism; Collision, upset, or overturn while the Covered Property is in transit to or from a Company site, warehouse, container storage facility, or Customer’s designated location; and any negligent acts by Company or Company’s representatives in the handling of the Portable Container. Burglary claims for Contents are subject to a $250 deductible per incident. This deductible is waived only when Customer provides proof that an acceptable disc, cylinder, DaVinci, or Noke locking system was in use at the time of burglary. Proof is defined as a photograph of the damaged lock or a receipt for purchase of the lock if it is no longer present on the Portable Container. The absence of a lock does not satisfy the requirement of visible forced entry. Company’s liability for negligent acts includes losses that occur as a result of Company’s negligence or as a result of acts or omissions for which Company is liable under the law, including, but not limited to, vicarious liability, intentional tort, strict liability, and breach of common law or statutory duty. By way of example: IF COMPANY IS NEGLIGENT BY FAILING TO REPAIR THE ROOF OF A PORTABLE CONTAINER, AND CUSTOMER SUFFERS A LOSS DUE TO WATER DAMAGE, THEN COMPANY WILL BE LIABLE FOR THE LOSS, SUBJECT TO THE LIMITATIONS HEREIN.

7. EXCLUSIONS
Company does not assume liability for damage caused directly or indirectly by any of the following, regardless of any other cause or event contributing concurrently or in any sequence to the loss. The exclusions in this Section 7 apply in addition to the property limitations and sublimits in Section 5:
(1) Damage caused by improper packing, normal shifting, or intentional acts. Customer assumes full responsibility and liability for packing Customer’s property in the Portable Container and for securing that property for over-the-road transportation so that it will not shift or break during forklift loading and truck transport. Property damaged in transit as a result of improper packing, or damaged while loading or unloading, is not covered.
(2) Ordinance or law regulating demolition, cleanup, or removal of pollutants.
(3) Earth Movement, meaning earthquake, land shock, waves, or tremors; volcanic eruption; landslide, mudslide, and mudflow, including earth shrinking, rising, or shifting; or earth sinking, sinkhole collapse, subsidence, rising, or shifting, including soil conditions that cause settling, cracking, or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil, and the action of water under the ground surface.
(4) Water Damage, meaning flood, surface water, waves, tidal water, overflow of a body of water, or their spray, whether driven by wind or not; mudslide or mudflow; water or water-borne material that backs up from a sewer or drain or overflows or is discharged from a sump, sump pump, or related equipment; or water or water-borne material under the ground surface, including water that exerts pressure on, flows, seeps, or leaks through a foundation, wall, floor, ceiling, porch, sidewalk, driveway, swimming pool, paved surface, basement, door, window, or other opening. This exclusion does not apply to water damage to Contents caused by a leak in the Portable Container, which is a covered cause under Section 6.
(5) War, civil war, insurrection, military action, discharge of any biological or chemical agent or nuclear weapon, nuclear reaction, radiation, or radioactive contamination.
(6) Intentional acts by or at Customer’s direction with the intent to cause loss or damage, even if the person committing the act is insane, intoxicated, or otherwise impaired.
(7) Destruction, confiscation, or seizure of property by order of any governmental or public authority.
(8) Presence, growth, proliferation, or spread of mold, fungus, wet rot, mildew, bacteria, rust, corrosion, dampness, dryness, contamination, spoilage, decay, or any expense for testing, monitoring, abatement, mitigation, removal, remediation, restoration, neutralization, detoxification, or disposal thereof.
(9) Wear and tear, marring and scratching, deterioration, hidden or latent defect; nesting or infestation, or discharge or release of waste products or secretions by insects, birds, rodents, or other animals, except that damage caused by moths, insects, rodents, or vermin is covered up to a combined total of $500.
(10) Chemical, biological, and nuclear terrorism and acts other than Federally Certified Acts of Terrorism.
(11) Loss occurring prior to or after the Coverage Period.
(12) Loss occurring prior to or after termination of the Agreement.
(13) Mechanical/electrical derangement.
(14) Damage caused by repossession of a Portable Container by Company due to Customer’s failure to pay rent or any other amounts due to Company hereunder.
(15) Ground surface damage, including damage to any driveway, pavement, landscaping, lawn, or other ground surface. Customer acknowledges that Company will normally place the Portable Container on a driveway or other paved surface immediately accessible from a street fronting Customer’s premises. Company does not assume liability for any ground surface damage resulting from the placement of the Portable Container at or on Customer’s premises.

8. DUTIES IN THE EVENT OF LOSS
Customer must ensure that the following are completed in the event of loss or damage to Covered Property:
(1) Notify the police if a law may have been broken.
(2) Within 30 days from the date of discovery, and not later than 30 days from the final pickup date of the Portable Container, give Company or its designated insurer/claims administrator notice of the loss or damage, including a description of the property involved.
(3) Within 30 days from the date of discovery, and not later than 30 days from the final pickup date of the Portable Container, give Company or its designated insurer/claims administrator a description of how, when, and where the loss or damage occurred.
(4) Take all reasonable steps to protect the Covered Property from further damage and keep a record of expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase Company’s liability. However, Company will not be responsible for any subsequent loss or damage resulting from a cause of loss that is not a covered cause of loss. If feasible, set the damaged property aside and in the best possible order for examination.
(5) Customer shall not, except at Customer’s own cost, voluntarily make a payment, assume any obligation, or incur any expense without Company’s consent.
(6) As often as may be reasonably required, permit Company or its designated insurer/claims administrator to inspect the property proving the loss or damage and examine Customer’s books and records. Customer shall also permit Company or its designated insurer/claims administrator to take samples of damaged and undamaged property for inspection, testing, and analysis, and to make copies from Customer’s books and records.
(7) Company or its designated insurer/claims administrator may examine Customer under oath, while not in the presence of any other Customer and at such times as may be reasonably required, about any matter relating to the claimed loss, including Customer’s books and records. In the event of an examination, Customer’s answers must be signed.
(8) Send a signed, sworn proof of loss containing the information requested to settle the claim within 60 days after such request. Company or its designated insurer/claims administrator will supply Customer with the necessary forms.
(9) Immediately send copies of any demands, notices, summonses, or legal papers received in connection with the claim or suit.
(10) Cooperate in the investigation or settlement of the claim.

9. SETTLEMENT OPTIONS
Company’s liability shall not exceed the lesser of the following amounts after deduction of any amounts paid by a third party and less the burglary deductible, if applicable: (1) the replacement cost of the item determined by its year, make, and model; (2) Customer’s interest in the Covered Property; or (3) the Declared Value/coverage limit selected by Customer. The only deductible under this Protection Plan is the $250 burglary deductible described in Section 6, which is waived with proof of an acceptable disc, cylinder, DaVinci, or Noke locking system; no per-loss deductible and no Named Storm deductible applies. For the avoidance of doubt, the Declared Value/coverage limit selected by Customer is on a per-order basis, as opposed to a per-container basis. Accordingly, Customer should select a Declared Value/coverage limit that covers all of Customer’s Contents stored in all Portable Containers ordered by Customer. If the Declared Value/coverage limit selected by Customer is less than ninety percent (90%) of the replacement cost, all loss settlement payments shall be reduced proportionately based on the relationship that Customer’s Declared Value bears to ninety percent (90%) of the replacement cost. EXAMPLE: If the replacement cost of all Contents is $10,000 and Customer selects a Declared Value of $4,500, the Declared Value equals 50% of 90% of replacement cost ($9,000), and a covered $2,000 loss would be settled at $1,000. This coinsurance provision is disclosed on the face of the Customer Responsibility Addendum. If property is recovered for which Company or its designated insurer/claims administrator has made payment, Company must be notified of such recovery. At Company’s option, Company may retain such property, but there shall be no abandonment of property to Company. If there is damage to Covered Property caused by more than one loss, each loss shall be adjusted separately. The burglary deductible, where applicable, shall be applied separately to each loss. At Company’s option, Company may pay the loss in money or may repair or replace the damaged or stolen Covered Property. Where repair is possible and economical, Company will repair the item. In the event of a total loss, Company may require assignment of title. In the case of loss or damage to any part of a pair or set, Company may repair or replace any part to restore the pair or set to its value before the loss or damage, or pay the difference between the value of the pair or set before and after the loss or damage. In the case of loss or damage to any part of Covered Property consisting of several parts when complete, Company will only pay for the value of the lost or damaged part. “Replacement Cost” means the cost of reasonably restoring that property to its condition immediately before loss or damage, or the cost of replacing that property with substantially identical property. Household linen and clothing will be settled on the same replacement-cost basis, determined by the item’s year, make, and model. Where there is loss of or damage to documents, Company will pay the reasonable costs of reprinting, reissue, and/or reconstitution, subject to the sub-limits in Section 5.

10. LOSS PAYMENT
Company or its designated insurer/claims administrator will give written notice to Customer of its evaluation of damages and liability within 30 days after receipt of the sworn proof of loss. Company will not be liable for more than each party’s financial interest in the Covered Property. Payment shall be made to Customer as loss payee unless the Covered Property is identified as owned by others. Company or its designated insurer/claims administrator will adjust losses with third-party owners of lost or damaged property if such property is owned by someone other than Customer. If payment is made to third-party owners, such payment will satisfy all claims against Company and its designated insurer/claims administrator for those owners’ property. Third-party owners will not be paid more than their financial interest in the Covered Property. Company’s designated insurer/claims administrator may elect, at its expense, to defend Customer against suits arising from claims of third-party owners of property. Payment for covered loss or damage shall be made within 30 days after receipt of the sworn proof of loss, provided there has been compliance with all terms set forth herein and the parties have reached agreement on the amount of the loss or an appraisal award has been made. Company will not be liable for any part of a loss that has been paid or made good by others.

11. APPRAISAL
Either party may request in writing an independent appraisal of the amount of loss in accordance with the terms of the insurance policy.

12. RECOVERED PROPERTY
A party must promptly notify the other party if any property is recovered after loss settlement. At Customer’s option, property will be returned to Customer. Customer must then return to Company the amount paid for the property. Company will pay recovery expenses and the expenses to repair the recovered property, subject to the limits herein.

RIGHT TO RECOVER FROM OTHERS: If any person or organization to or for whom Company makes payment has rights to recover damages from another party, those rights are transferred to Company to the extent of any payment. That person or organization must do everything necessary to secure such rights and must do nothing after a loss to impair them. Company shall not exercise any right of recovery against Customer or Customer’s insurers.

CONCEALMENT, MISREPRESENTATION OR FRAUD: Company is relieved from all responsibility and liability in any case of fraud, intentional concealment, or misrepresentation of a material fact at any time concerning any claim or Customer’s interest in the Covered Property.

13. REASSUMING LIABILITY
With advance written notice, Customer may reassume liability for damage to Customer’s Contents at any time. Customer may cancel participation in the Portable Container Protection Plan upon ten (10) days written notice to Company. Cancellation of the Portable Container Protection Plan shall not terminate the Agreement.

14. TERMINATION AND MODIFICATION
Non-payment of any applicable fees for the Portable Container Protection Plan, or any other fees charged by Company under the Agreement for its services and/or products, will result in the immediate termination of the Portable Container Protection Plan and negate any obligation or liability assumed by Company under this Addendum. At Company’s sole discretion, Customer’s participation may be reinstated upon payment of all rent and other charges due and owing, unless any loss or damage occurred during the period of non-payment. Company shall have the right to terminate the Portable Container Protection Plan at any time, at Company’s sole discretion, upon providing Customer no less than thirty (30) days’ advance written notice. The terms and conditions of the Portable Container Protection Plan are subject to change at Company’s option upon thirty (30) days’ prior written notice. If so changed, Customer may terminate the Portable Container Protection Plan effective on the effective date of such change by giving Company ten (10) days’ prior written notice of termination after receiving notice of the change; otherwise, the change shall become effective on the date stated in Company’s notice and shall apply thereafter. Coverage shall continue until the effective termination or modification date if all required fees are paid and no other basis for termination exists. Termination of the Portable Container Protection Plan shall not terminate the Agreement.

15. COMPANY OBLIGATIONS INSURED
This Addendum is not an insurance policy. The responsibilities and liabilities of Company are fully insured by Inland Marine Transit, Cargo, Warehouse, and Personal Property Floater insurance. Company is not soliciting or selling insurance to Customer. Company and Customer agree that Company shall buy insurance protecting the interests and liabilities of both Company and Customer. Customer shall be loss payee for all claims and an additional insured under the policy where required by law. Although Company and Company’s agents may share information about the insurance policy purchased by Company with Customer, Customer understands that Company and Company’s agents are not an insurance company or insurance agents. Company has not explained any coverage or assisted Customer in making any decision to purchase any particular insurance policy. Company is not making any representations about the coverage provided by such insurance policy. Company’s agreement to assume responsibility for and obtain insurance protecting Customer’s contents from loss is not an insurance transaction. Customer’s rights arise from this Addendum and the Agreement, and not from an insurance policy purchased directly by Customer. Customer may choose to obtain supplemental insurance from Customer’s own homeowner’s or renter’s carrier, or Customer may elect to be “self-insured.”

16. CONTAINER ACCIDENTAL DAMAGE WAIVER
The Container Accidental Damage Waiver is separate from the Portable Container Protection Plan and applies only to accidental loss or damage to the Portable Container itself, subject to the limits and exclusions stated in this Section. Under the Container Accidental Damage Waiver, while the Portable Container is located at Customer’s designated location or in Customer’s possession, Company waives accidental loss or damage to the Portable Container itself up to the selected coverage limits, not to exceed $3,500 for the container. The $250 burglary deductible described in Section 6 applies only to Contents burglary claims when Customer does not use an approved locking system, and does not apply to the Container Accidental Damage Waiver. Notwithstanding the foregoing, the Container Accidental Damage WaIVER does not cover: (a) usage of the Portable Container that violates any terms of the Agreement; (b) damage caused by an attempt to move or reposition the Portable Container after initial delivery; (c) any gross negligence or deliberate action in the treatment of the Portable Container beyond its intended use; or (d) any failure to provide Company, the police, or other authorities with a complete report of any accident or vandalism involving the Portable Container, or any failure to cooperate with Company, the police, or other authorities in the investigation of any accident or vandalism.

17. TO REPORT DAMAGES
Customer must promptly notify Company of any loss or damage at the time it occurs or promptly when discovered. All claims must be submitted within thirty (30) days from the date of discovery, and not later than thirty (30) days from the final pickup date of the Portable Container, to be honored. Customer must provide TPP Claims with documentation reasonably supporting ownership and value of the claimed property, including receipts, photographs, inventory records, or other available records. For burglary claims, Customer must report the loss to the police and Company, provide evidence of visible forced entry into the Portable Container, and obtain and submit a police report before the claim will be processed. Customer must not move, remove, discard, repair, or alter damaged property unless necessary to prevent further damage or authorized by Company or the Claims Adjuster. Customer is responsible for taking photographs and/or video of the loss or damage inside the Portable Container for inclusion with Customer’s claim submission. Customer agrees to cooperate with the Claims Adjuster when filing a claim to ensure timely settlement. Please visit www.TPPClaims.com for claims handling and instructions. A toll-free number is provided at the bottom of the webpage.

18. FRAUDULENT CLAIMS
Customer is responsible for providing accurate claims information. Any false statement, inflated claim, misleading information, falsified ownership documentation, or submission for services not provided may result in denial of the claim and referral for investigation of potential fraud. Claim fraud is a serious offense and may be punishable by penalties, imprisonment, restitution, and fines.

19. DISPUTE RESOLUTION
Arbitration: The arbitration must be conducted on an individual basis, and Customer and Company agree not to act as a class representative or in a private attorney general capacity in any claim or dispute. The arbitration must be brought within the time set by the applicable statute of limitations and no later than thirty (30) days after Customer receives written notice of Company’s final claim determination, unless a longer period is required by applicable law. The Federal Arbitration Act (FAA) shall govern this arbitration agreement. The arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures applicable to portable container franchise and third-party representation disputes. The NAM arbitration rules and procedures may be found at www.namadr.com.

Customer understands that Customer is waiving the right to judicial adjudication of disputes with Company regarding this Agreement. The parties understand the limited circumstances under which an arbitration award may be challenged and agree to those limitations. Company and Customer stipulate and agree that they have had sufficient time and opportunity to consider the implications of their decision to arbitrate and that this arbitration addendum represents a voluntary choice after due consideration of the consequences of entering into this addendum. IF COMPANY CHOOSES ARBITRATION, CUSTOMER SHALL NOT HAVE THE RIGHT TO LITIGATE A CLAIM IN SMALL CLAIMS COURT OR TO HAVE A JURY TRIAL. CUSTOMER IS ALSO GIVING UP CUSTOMER’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT OR ARBITRATION.

If any portion of this Section 19 is found to be unenforceable, the remainder shall remain in full force and effect; provided, however, that if the class-action or collective-action waiver above is found to be unenforceable, then this entire Section 19 (Dispute Resolution) shall be null and void. This Section 19 shall survive termination of the Agreement and of the Portable Container Protection Plan.

Each party shall keep all disputes, mediation, or arbitration proceedings strictly confidential, except for disclosures of information required by applicable law or regulation.

Claim Contact: www.TPPClaims.com — All required claim documentation must be completed and received by TPP as soon as possible to finalize Customer’s claim. Please refer to www.tppportablecontainertc.com for the latest TPP Terms and Conditions.

TPP PORTABLE CONTAINER REV.7-16-26