Tenant Initials _______ _______
Adopted
(f) Termination of Tenant’s Right of Possession: In the event Landlord terminates the Tenant’s right of possession without
terminating this lease, Tenant shall remain liable for the full performance of all the covenants hereof, and Landlord shall use
reasonable efforts to re-let the Premises on Tenant’s behalf. Any such rentals reserved from such re-letting shall be applied first to the
costs of re-letting the Premises and then to the rentals due hereunder. In the event the rentals from such re-letting are insufficient to
pay the rentals due hereunder in full, Tenant shall be liable to the Landlord for any deficiency. In the event Landlord institutes a legal
action against the Tenant to enforce the lease or to recover any sums due hereunder, Tenant agrees to pay Landlord reasonable
attorney’s fees in addition to all other damages.
14. Landlord’s Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord in writing of an
alleged default and affords the Landlord a reasonable time within which to cure, no default by the Landlord in the performance of any
of the promises or obligations herein agreed to by him or imposed upon him by law shall constitute a material breach of this lease and
the Tenant shall have no right to terminate this lease for any such default or suspend his performance hereunder. In no event and
regardless of their duration shall any defective condition of or failure to repair, maintain, or provide any area, fixture or facility used in
connection with recreation or recreational activities, including but not limited to swimming pools, club houses, and tennis courts,
constitute a material breach of this lease and the Tenant shall have no right to terminate this lease or to suspend his performance
hereunder. In any legal action instituted by the Tenant against the Landlord, the Tenant’s damages shall be limited to the difference, if
any, between the rent reserved in this lease and the reasonable rental value of the Premises, taking into account the Landlord’s breach
or breaches, and in no event, except in the case of the Landlord’s willful or wanton negligence, shall the Tenant collect any
consequential or secondary damages resulting from the breach or breaches, including but not limited to the following items: damage or
destruction of furniture or other personal property of any kind located in or about the Premises, moving expenses, storage expenses,
alternative interim housing expenses, and expenses of locating and procuring alternative housing.
15. Bankruptcy: If any bankruptcy or insolvency proceedings are filed by or against the Tenant or if the Tenant makes any
assignment for the benefit of creditors, the Landlord may, at his option, immediately terminate this Tenancy, and reenter and repossess
the Premises, subject to the provisions of the Bankruptcy Code (11 USC Section 101, et. seq.) and the order of any court having
jurisdiction thereunder.
16. Tenant’s Insurance; Release and Indemnity Provisions:
(a) Tenant shall be solely responsible for insuring any of his personal property located or stored upon the Premises upon the
risks of damage, destruction, or loss resulting from theft, fire, storm and all other hazards and casualties. Regardless of whether the
Tenant secures such insurance, the Landlord and his agents shall not be liable for any damage to, or destruction or loss of, any of the
Tenant’s personal property located or stored upon the Premises regardless of the cause or causes of such damage, destruction, or loss,
unless such loss or destruction is attributable to the intentional acts or willful or wanton negligence of the Landlord.
(b) The Tenant agrees to release and indemnify the Landlord and his agents from and against liability for injury to the person
of the Tenant or to any members of his household resulting from any cause whatsoever except only such personal injury caused by the
negligent, or intentional acts of the Landlord or his agents.
17. Agent: The Landlord and the Tenant acknowledge that the Landlord may, from time to time in his discretion, engage a
third party (“the Agent”) to manage, supervise and operate the Premises or the complex, if any, of which they are a part. If such an
Agent is managing, supervising and operating the Premises at the time this lease is executed, his name will be shown as “Agent” on
the first page hereof. With respect to any Agent engaged pursuant to this paragraph, the Landlord and the Tenant hereby agree that:
(1) Agent acts for and represents Landlord in this transaction; (2) Agent shall have only such authority as provided in the management
contract existing between the Landlord and Agent; (3) Agent may perform without objection from the Tenant, any obligation or
exercise any right of the Landlord imposed or given herein or by law and such performance shall be valid and binding, if authorized
by the Landlord, as if performed by the Landlord; (4) the Tenant shall pay all rents to the Agent if directed to do so by the Landlord;
(5) except as otherwise provided by law, the Agent shall not be liable to the Tenant for the nonperformance of the obligations or
promises of the Landlord contained herein; (6) nothing contained herein shall modify the management contract existing between the
Landlord and the Agent; however, the Landlord and the Agent may from time to time modify the management agreement in any
manner which they deem appropriate; (7) the Landlord, may, in his discretion and in accordance with any management agreement,
remove without replacing or remove and replace any agent engaged to manage, supervise and operate the Premises.
18. Form: The Landlord and Tenant hereby acknowledge that their agreement is evidenced by this form contract which may
contain some minor inaccuracies when applied to the particular factual setting of the parties. The Landlord and Tenant agree that the
courts shall liberally and broadly interpret this lease, ignoring minor inconsistencies and inaccuracies, and that the courts shall apply
the lease to determine all disputes between the parties in the manner which most effectuates their intent as expressed herein. The
following rules of construction shall apply: (1) handwritten and typed additions or alterations shall control over the preprinted
language when there is an inconsistency between them; (2) the lease shall not be strictly construed against either the Landlord or the
Tenant; (3) paragraph headings are used only for convenience of reference and shall not be considered as a substantive part of this
lease; (4) words in the singular shall include the plural and the masculine shall include the feminine and neuter genders, as
appropriate; and (5) the invalidity of one or more provisions of this lease shall not affect the validity of any other provisions hereof
and this lease shall be construed and enforced as if such invalid provision(s) were not included.