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EXHIBIT 6.3
Hawaii REALTOR(R) [LOGO]
Association of
REALTORS(R)
RENTAL AGREEMENT
HAWAII ASSOCIATION OF REALTORS(R) STANDARD FORM
1. DATE: The date of this Rental Agreement is: December 5, 1997.
2. WORDS THAT HAVE SPECIAL MEANING, WE, OUR and US, mean the Landlord. YOU and
YOUR mean everyone listed as a tenant in Par. 3. DWELLING UNIT and UNIT mean
the place you are renting from the Landlord.
3. TENANTS. NAME AGE(IF MINOR) SOCIAL SECURITY NUMBER BUSINESS PHONE
Hawaiian Vintage Chocolate Fed # 00-0000000 808-735-8494
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4. ALL TENANTS RESPONSIBLE. By signing this Agreement, each tenant agrees to
pay the rent and obey this Agreement. If signed by two or more tenants, each
of you is liable for all the rent and for obeying this agreement. Each
adult is also responsible for all minors and must make sure they obey, too.
5. YOU MAY NOT SUBLET, ETC. You may not sublet, or let anyone else occupy the
Unit or replace you as the tenant, unless you have our written permission in
advance.
6. WHEN AND HOW LONG YOU MAY OCCUPY. The Unit will be ready for you to move
into on January 1, 1998 (date).
The length of your occupancy will be as checked. [ ] Month-to-Month Lease.
Par. 1 on the reverse side explains how this lease may be ended.
[ ] Fixed Lease, which will end on June 30, 1998 (date).
This means your occupancy will automatically end ON THAT DATE - we do not
have to tell you to move out. (NOTE: If you have our permission in writing
to do so, you may continue to rent. In this case, your rent and all the
other terms will remain the same as in this Agreement, unless we tell you
differently in writing.)
[ ] Other, as stated in the Special Terms, Par. 14 on this side.
NOTE: Your lease may be ended earlier, if you do not pay the rent and/or
obey this Agreement. If, after this lease is terminated, you stay in the
Unit without our written consent, the monthly rent will be set according to
Par. K on the reverse side.
7. RENT. The rent is $2,604.15 per month (year, month, week, day, etc.)
IN ADVANCE. You will not get any notice to pay from us. Payment is due on
the first day of each month. BEGINNING ON January 1, 1998. (date). You must
pay to Harbor Court Developers at this address c/o AHI Harbor Ltd.,
Partnership, Lock Box #47892, X.X. Xxx 0000, Xxxxxxxx, XX 00000.
Later we may tell you in writing to pay (1) at a different address; or (2)
to pay someone else or that we have transferred this lease to someone else.
If we do so, you must pay at that address and to that person.
8. SERVICE CHARGE AND INTEREST. You must pay a service charge of 10% for each
payment we do not receive by 5:00 p.m. of the fifth day of the month in
which the payment is due. Interest at 12% per year will be charged on all
rent and other sums you do not pay to us on time.
9. SECURITY DEPOSIT. You must pay $2,500.00 IN ADVANCE as a security deposit.
By law, this deposit may not be more than one month's rent. You may not use
this deposit as your last month's rent. Par. H on the reverse side explains
how your deposit will be handled when you move out. Any interest earned on
the security deposit shall be paid to: CB Commercial-Xxxx. The person or
entity responsible for safe keeping or custody of your security deposit
shall be: CB Commercial-Xxxx.
10. UTILITIES AND SERVICES. If they are checked, you must take care of and pay
for the following items from the date your occupancy starts until it ends.
You must arrange for these items yourself, unless something different is
stated in the Special Terms, Par. 14. We will provide and maintain items
that apply and are not checked. (NOTE: Cross out what does not apply.)
[X] telephone [X] electricity [X] other (describe) Chilled water
consumption
11. ADDRESS AND DESCRIPTION OF THE DWELLING UNIT (includes any grounds, common
other areas and facilities the tenant may use): 00 Xxxxx Xxxxxx, Xxxxxxxxx
#0000, Xxxxxxxx, Xxxxxx 00000 with parking stall(s) P-12 20-21.
12. CONDITION OF THE UNIT AND THINGS IN IT:
(a) WHEN YOU MOVE IN. Before you move in, we will inspect and inventory the
Unit and the things in it (items like fixtures, appliances, and other
personal property). We will prepare an INVENTORY & CONDITION FORM,
which you should check carefully. You and we will sign it. When signed,
this form will be our agreement about (1) what the condition of the
Unit was; and (2) what things were in the unit, and what their
condition was, when you moved in.
(b) WHEN YOU MOVE OUT. Whenever you move out:
(1) You must take all your personal things with you. If you leave any
behind, you must pay for any storage and other costs, including
advertising costs, involved in selling or getting rid of them.
(2) You must leave the Unit clean and neat. We will charge you
additional rent for the number of days it takes us to clean and
fix up the Unit if you do not do your part. REMEMBER: It is your
duty to have the Unit in clean and proper condition ON THE DAY YOU
MOVE OUT, NOT ON ANY LATER DAY.
(3) You must have the same things in it that were there when you moved
in; and (4) you must leave these things and the Unit in the same
condition they were in when you moved in, except for normal wear
and tear. If there is any disagreement about (3) or (4), the
signed INVENTORY & CONDITION FORM will be treated as correct.
13. KEYS, CARDS AND LOCKS. We are giving you the keys, parking cards and locks
listed below. You may not have additional keys or cards made or locks
changed or added, unless you have our written permission in advance. You
must return all these items when you move out, or pay to replace them.
ITEM: NUMBER GIVEN TO YOU: ITEM: NUMBER GIVEN TO YOU:
Door/mail box key(s) Residential Security Access Cards
Parking Access Cards @$20.00 each* @$25.00 each*
* refundable
14. SPECIAL TERMS. You and we agree that: (Please Number)
1. Conditions Acknowledged by Tenant are made a part hereof. 2. Rental
Agreement Addendum attached hereto is made a part hereof. 3. Hawaii State
Excise Tax is included in the monthly rent. 4. Tenant may renew leased for
an additional 6 months.
15. STANDARD TERMS. YOU AND WE AGREE THAT THE STANDARD TERMS ON THE REVERSE SIDE
OF THIS FORM ARE PART OF THIS AGREEMENT. BE SURE YOU READ ALL OF THESE TERMS
BEFORE YOU SIGN.
16. RECEIPT BY TENANT: You have received a copy of this Agreement and the
following as checked:
[X] Inventory and Condition Form ([SIGNATURE]) (initials) [ ] Fair Housing Information (______/_____) (initials)
[X] House Rules of Condominium or Co-op (___/___) (initials) [X] Other Rules (describe): Condominium By-Laws
17. TENANT SIGNATURES. By signing below, each tenant agrees to pay rent and obey
this Agreement. X Tenant Manual [SIGNATURE ILLEGIBLE]
Print Tenant's Name Signature of Tenant
Hawaiian Vintage Chocolate /s/ XXXXX XXXXX, President
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18. LANDLORD/MANAGING AGENT SIGNATURE AND INFORMATION:
Name (print) XxXxxxxxx Real Estate Service, Ltd, Signature [SIGNATURE
ILLEGIBLE] as Agent
Address 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx, XX 00000
Telephone (000) 000-0000 Emergency Phone# (000) 000-0000
List all other owners:______________________________________________________
Manager: [X] Yes. [ ] No. If checked YES by the Landlord, the Manager will
act for us to receive rents, requests, notices and demands from you. He may
also give requests, notices and demands to you. (NOTE: There must be a
Manager on the island where this unit is located, if the Landlord does not
live on the island.)
The Manager is: XxXxxxxxx Real Estate Services, Ltd. - Xxxx XxXxxxxxx, Jr.
19. RECEIPT. The sum of $5,244.15 in the form of Checks has been received from
you, and is to be applied as follows: **Security deposit of $2,500.00
(payable to CB Commercial-Xxxx pro-rated 1st.
(NOTE: We may not receive an amount more than the security deposit and one
month's rent.) month's rent & security access cards
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RENTAL AGREEMENT ADDENDUM
This Rental Agreement Addendum shall be an integral part of and amend the Rental
Agreement dated December, 1997 ("Rental Agreement") by and between Hawaiian
Vintage Chocolate ("TENANT") and XxXXXXXXX REAL ESTATE, INC. ("LANDLORD") for
the property located at the Harbor Court Condominium (the "Project"), Unit
Number: 2703 ("Dwelling Unit").
COVENANTS AND CONDITIONS
1. HOUSE RULES & BYLAWS.
a. TENANT must register with the Resident Manager and obtain
current copies of the House Rules and Bylaws prior to moving
into the property.
b. TENANT must abide by the House Rules and Bylaws.
2. TENANT COVENANTS. TENANT shall at all times during the tenancy:
a. Comply with all applicable building and housing laws materially
affecting health and safety.
b. Keep that part of the Project which TENANT occupies and uses as
clean and safe as the conditions of the Project permit.
c. Dispose from TENANTs Dwelling Unit all rubbish, garbage, and
other organic, hazardous or flammable waste in a clean and safe
manner.
d. Keep all plumbing fixtures in the Dwelling Unit or used by
TENANT as clean as their condition permits.
e. Properly use, maintain and operate all electrical and plumbing
fixtures and appliances in the Dwelling Unit or used by TENANT.
f. Not permit any person on the Project with TENANT's permission to
willfully destroy, deface, damage, impair, or remove any part of
the Project including without limitations the Dwelling Unit or
the facilities, equipment, or appurtenances thereto, nor shall
TENANT do any such thing.
g. Keep the Dwelling Unit and all fixtures, facilities, appliances,
furniture, and furnishings supplied therein by LANDLORD in fit
condition, reasonable wear and tear excepted.
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h. Use the Dwelling Unit only for residential and commercial office
purposes and not for any transient hotel purposes.
i. Not permit the toilets, sinks, tubs, swimming pool, spa, water
features and other water apparatus in the Project to be used for
any purpose other than those for which they were designed, nor
permit any sweepings, rubbish, rags or other articles to be
thrown therein.
j. Make no alteration or addition to the Dwelling Unit nor any
alteration or addition to the common elements including without
limitations painting, wall papering, use of nails or other
objects in or through concrete walls or altering floor
coverings, nor permit any person on the Project with TENANT's
permission to do the same.
3. RENT. Rent payment is due on the first (1st) day of every month.
All checks must be made payable to HARBOR COURT DEVELOPERS,
should include the Dwelling Unit number and should be mailed to
the following address:
HARBOR COURT DEVELOPERS
x/x XXX Xxxxxx Xxx.Xxxxxxxxxxx
Xxxx Xxx #00000
X.X. Xxx 0000
Xxxxxxxx, Xxxxxx 00000-0000
4. SECURITY DEPOSIT.
a. TENANT's security deposit should not be construed by TENANT as
payment of the last month's rent nor applied as such.
b. Any interest earned on TENANTs security deposit shall be
retained by LANDLORD as compensation for administering these
funds.
5. ILLEGAL SUBSTANCES & ACTIVITIES. NO USE OR POSSESSION OF ILLEGAL
SUBSTANCES OR OTHER ILLEGAL ACTIVITIES SHALL BE PERMITTED ON OR
IN THE DWELLING UNIT AND/OR THE PROJECT.
6. DISTURBANCES.
a. No excessively loud talking, unnecessarily loud and disturbing
noises, or boisterous conduct is permitted at any time.
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b. Loud vocal or instrumental music, radio or TV programs are not
permitted before 8:00 am or after 10:00 pm, or on a continuous
basis.
7. SUBLETTING OR ASSIGNING. TENANT shall not sublet Tenant's Dwelling
Unit and/or stall(s), or assign this Rental Agreement to another without
the prior consent of LANDLORD whose consent may be withheld for any
reason.
8. NUMBER OF OCCUPANTS. The number of occupants shall not be increased to
more than that stated in the Rental Agreement without the prior written
consent of LANDLORD. Only the individuals named on the Rental Agreement
may reside within the Dwelling Unit.
9. EXTERIOR DOORS & LOCKS.
a. All exterior doors must be locked during TENANT's absence and kept
closed at all times, particularly, any applicable security doors
to ensure adequate security.
b. TENANT shall neither change any of the existing locks nor add any
new locks to the Dwelling Unit without LANDLORD's prior written
consent
C. Lockout services are provided by the Resident Manager at a cost of
FIFTY AND NO/00 DOLLARS ($50.00) between the hours of 8:00 am. and
5:00 p.m. daily and SEVENTY-FIVE AND NO/100 DOLLARS ($75.00) for
all other times. If TENANT is unable to contact the Resident
Manager through Security, then TENANT is advised to obtain a
locksmith at TENANT's sole cost and expense after first notifying
Security of TENANT's intent to utilize the services of a
locksmith.
10. REPAIRS & PLUMBING.
a. Any defective condition within the Dwelling Unit which comes to
TENANT's attention, which TENANT has reason to believe is unknown
to LANDLORD, and which TENANT has reason to believe is the duty of
LANDLORD or of another tenant to repair, shall be reported by
TENANT to LANDLORD in writing immediately thereof or as soon as
practicable. Such written notification should be sent to the
attention of the following:
Mr. Xxxxxxx XxXxxxxxx, Jr.
Customer Service Manager
00 Xxxxx Xxxxxx, Xxxxxxxxxxx Lobby
Xxxxxxxx, Xxxxxx 00000
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b. TENANT's failure to comply with such notification may result in
TENANT's 'liability to pay for the repair and/or replacement of
any such defective condition and/or further damages as a result of
such defective condition.
c. Damage within the Dwelling Unit caused by stopping or plugging of
waste pipes, or overflow from bath tubs, water closets, wash
basins, or sinks must be paid for by TENANT (see Standard Terms,
paragraph F1 of the Rental Agreement)
11. PETS. No pets are allowed. No visiting pets and no pet-sitting are
permitted at any time. If this Rental Agreement is terminated due to
TENANT's breach of this provision the Dwelling Unit may be fumigated by a
professional licensed exterminator at TENANT's expense should LANDLORD
determine in LANDLORD's sole discretion that fumigation is necessary.
12. WATERBEDS. No waterbeds of any kind are permitted within the Dwelling
Unit.
13. WASHERS AND DRYERS. TENANT has been provided a washer and dryer in the
Dwelling Unit. TENANT is required to turn the water valves "ON"
immediately prior to "OFF" immediately after EACH use. Do not start the
wash and then leave the unit unattended. TENANT will be held liable for
any damages in the event of non-compliance. TENANT is required to check
TENANT's WATER HOSES once per month and to contact LANDLORD immediately
if TENANT notices any signs of wear, leaks, or any other damage. TENANT
may be held liable for unreported damages.
14. LANAIS - CARE, MAINTENANCE AND USE.
a. TENANT shall be responsible for the care and maintenance of all
lanais, if any such lanai is included in TENANT's Dwelling
Unit. TENANT may not, however, paint or otherwise decorate the
walls and ceilings of such lanais. TENANT agrees to keep the
lanais cleaned by vacuum or sweeping. The use of a water hose
or other high volume containers to clean the lanais is strictly
prohibited.
b. TENANT shall keep and maintain no more than four (4) potted
plants on the lanais. The maximum pot dimensions permissible
are twenty inches high by twenty-four inches wide (20" x 24")
and all pots should be in earthtone colors. All pots must be
placed on drainage saucers to catch excess water.
c. Any unsightly or disturbing items should not be kept on the
lanais. These areas are not to be used for storage purposes of
any kind, except in designated storage areas.
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d. Banners commemorating holidays or festivals may be displayed
from lanais only during the actual holidays or festivals except
that reasonable Christmas decorations may be displayed during
the month of December and the first week of January.
15. CONSENT AND NOTICE TO ENTER.
a. TENANT shall not unreasonably withhold TENANT's consent to
LANDLORD or LANDLORD's Agent to enter into the Dwelling Unit in
order to inspect the Project; make necessary or agreed upon
repairs, decorations, alterations, or improvements; supply
services; or exhibit the Dwelling Unit to prospective
purchasers, mortgagees, tenants, or others who may have
reasonable cause to inspect such Dwelling Unit.
b. In any such event as mentioned in paragraph "15. a." above,
LANDLORD shall give Tenant at least forty-eight (48) hours
notice of LANDLORD's intent to enter the Dwelling Unit and such
entering shall be conducted only during reasonable hours unless
emergency situations require otherwise.
16. INSURANCE. TENANT IS STRONGLY ADVISED TO OBTAIN THEIR OWN RENTER'S
INSURANCE. LANDLORD's policy, if any, may not cover TENANT or TENANT's
belongings for losses which may be due to events such as but not limited
to earthquakes, wind, hurricanes, fire, theft, water damage and/or
negligence.
17. LATE RENT & NON-SUFFICIENT FUNDS.
a. LANDLORD will NOT tolerate LATE RENT payments or BOUNCED
CHECKS. ALL rents are due on the 1st of each month. You must
pay a service charge of ten percent (10%) for each payment we
do not receive by 5:00 p.m. of the fifth day of the month in
which the payment is due. If rent is not received by the fifth
day of the month TENANT will be charged an interest of 12% per
year on all rent and other sums not paid on time until all rent
and late fees are paid in full. TENANTS who are LATE with their
rent may be reported to Rent Check. Unicheck may also be
notified. Late charges and bank charges may apply.
b. All checks returned Non-Sufficient Funds shall cause TENANT to
be charged TWENTY-FIVE AND N0/100 DOLLARS ($25.00) for each
rejection. Late fees may also be incurred.
c. In the event TENANT provides a personal rent check that is
subsequently determined to have Non-Sufficient Funds then
LANDLORD will NOT accept any future personal checks from TENANT
and TENANT must pay all subsequent rental fees with a cashier's
check or money order.
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d. In the event LANDLORD institutes legal proceedings and/or
incurs legal costs to recover any unpaid rent and late fees due
and owing, TENANT shall be held responsible for any such costs.
18. VISITORS.
a. No visitors are permitted on the Project in excess of a one (1)
week stay without the prior written consent of LANDLORD.
b. No parties or commercial gatherings in excess of fifteen (15)
persons in total attendance shall be conducted within the
Dwelling Unit.
c. TENANT shall be responsible for the conduct of TENANT's family
and guests. TENANT shall upon request by the Resident Manager
immediately xxxxx and remove at TENANT's sole cost and expense
any person, structure, thing or condition that may exist with
regard to the occupancy or use of the Dwelling Unit contrary to
the intent and meaning of this Rental Agreement, or if TENANT
is unable to control the conduct of any such person, structure,
thing or condition to conform with the intent and meaning of
this Rental Agreement then, and upon request of the Resident
Manager, the Resident Manager shall remove such person,
structure, thing or condition from the Project at TENANT's sole
cost, expense and liability.
19. PARKING STALLS. TENANT shall be responsible for any applicable charges
incurred for the cleaning and possible de-greasing of the
parking stalls/area.
20. SORTING AND SEPARATION OF REFUSE AND TRASH.
a. TENANT's Duties: TENANT agrees, at TENANT's sole cost and
expense, to comply with all present and future laws, orders,
and regulations of all federal, state, municipal, and local
governments, departments, commissions, and boards (including
the Board of Directors of the Association of Apartment Owners
of the Project) regarding the collection, sorting, separation,
and recycling of waste products, garbage, refuse, and trash.
TENANT shall sort and separate such items into categories as
provided by law or as otherwise required, and in accordance
with the rules and regulations adopted by any or all of the
aforementioned named entities for the sorting and separating of
such designated recyclable materials.
b. Fines and Penalties; Indemnification of LANDLORD: TENANT shall
pay all costs, expenses, fines, penalties, or damages imposed
on LANDLORD or TENANT by reason of TENANT's failure to comply
with Paragraph "20. a." above, and shall indemnify, defend, and
hold LANDLORD harmless from and against any actions, claims,
and suits arising from such noncompliance, using counsel
reasonably
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satisfactory to LANDLORD, if LANDLORD so elects. TENANT's
noncompliance with Paragraph "20.", in whole or in part, shall
constitute a violation of a substantial obligation of this
tenancy. TENANT shall be liable to LANDLORD for any costs or
expenses, including attorneys' fees, of any action or
proceeding by LANDLORD against TENANT, based upon TENANT's
breach of Paragraph "2O.".
21. TENANT'S TEMPORARY ABSENCE.
a. In the event TENANT will be absent from the Dwelling Unit for
any anticipated extended period of time exceeding five (5) days
TENANT shall notify LANDLORD in writing of such absence no
later than the first day of such absence.
b. In the event TENANT fails to give such notification of TENANT's
anticipated extended absence TENANT agrees to indemnify and
hold harmless LANDLORD for any damage resulting from such
absence.
22. VACATING THE PROJECT.
a. NOTICE OF INTENT TO VACATE MUST BE IN WRITING AND DELIVERED TO
LANDLORD AT LEAST TWENTY EIGHT (28) DAYS PRIOR TO THE RENTAL
AGREEMENT EXPIRING OR TERMINATING. One (1) week prior to
vacating, TENANT must notify LANDLORD to set up an appointment
for check-out.
b. If applicable, TENANT must schedule in advance with Resident
Manager TENANT's moving date and time. TENANT's
responsibilities include, but are not limited to, complying
with move-out procedures and phone and utilities disconnection.
c. TENANT understands that TENANT's "last day of occupancy" is the
date that ALL KEYS are returned to LANDLORD and the property
has been completely cleaned and repaired for any damage
attributable to TENANT, inspected by LANDLORD, and is ready for
the next tenant to occupy. TENANT agrees to pay through the
"last day of occupancy." The term "ALL KEYS" shall include
without limitation keys of entry, recreation keys, padlocks,
deadbolts, entry gate keys, parking gate cards, openers, and
mailbox keys.
d. All personal effects should be removed and the Dwelling Unit
should be thoroughly cleaned and ready for occupancy by the
next tenant.
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x. Xxxxx must be washed and smudges removed from all areas
including light switches and doors. Nail holes and any other
holes should be filled-in, smoothed, and painted with matching
paint.
f Walls' should be restored to their original condition if
pictures and/or nails were installed in the walls, pursuant to
the inventory and condition form.
g. Carpets shall be PROFESSIONALLY Cleaned no earlier than two (2)
days prior to check-out by a company approved by LANDLORD. A
copy of the cleaning receipt shall be provided by TENANT to
LANDLORD at time of check-out. If TENANT fails to have the
carpets professionally cleaned, LANDLORD shall make such
arrangements and shall deduct the appropriate cost from
TENANT's security deposit. All other floors must be cleaned by
TENANT or someone TENANT employs.
h. All appliances must be cleaned and in the same working
condition as first provided to TENANT. The refrigerator must be
emptied of all food, wiped clean, and left on NORMAL setting.
Likewise, the freezer compartment must be cleaned and left on
NORMAL setting.
i. All cupboards and shelves must be emptied and wiped clean,
including removal of any and all shelf paper TENANT installed.
j. Bath fixtures must be cleaned and grout/tile free of soap
residue and mildew. All other plumbing fixtures should be
cleaned and in good working condition.
k. All windows and window xxxxx must be cleaned.
1. Drapes should be vacuumed (and dry cleaned, if necessary.)
Xxxxx, shelves, and light fixtures should be wiped clean and
bulbs replaced if not in working order.
m. Any damage attributable to TENANT, or TENANT's guests or
invitees must be completely repaired. If repairs need to be
coordinated with LANDLORD then TENANT must contact LANDLORD in
advance. Do NOT wait to report the repairs on TENANT's
move-out day.
n. During the move-out inspection, TENANT must return ALL KEYS and
provide LANDLORD with TENANT's forwarding address and telephone
number to facilitate refunding any TENANT security deposit.
23. BREACH OF THE RENTAL AGREEMENT.
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a. If TENANT breaches this Rental Agreement for any reason or,
when applicable and prior to vacating, does not give twenty
eight days (28) written notice to vacate TENANT will be
considered to have "WRONGFULLY QUIT" the Project.
Notwithstanding the above sentence, active duty military
tenants may be released earlier from their Rental Agreement
only after providing LANDLORD with a copy of their permanent
change of duty station orders or other such similar permanent
transfer orders.
b. If TENANT wrongfully quits the Project, TENANT may be liable
for the lesser of the following amounts for such abandonment:
1) All rent due for the remainder of the term of the Rental
Agreement; or
2) All rent accrued during the period reasonably necessary
to rent the Dwelling Unit at the fair market rental,
plus the difference between such fair rent and the rent
agreed to in this Rental Agreement, and reasonable
commission for the renting of the Dwelling Unit. In
addition, TENANT understands TENANT may be liable for
late fees and advertising cost.
c. Eviction proceedings, if required, will be at TENANT's cost.
(See Rental Agreement Standard Terms, paragraph G.)
24. INDEMNIFICATION.
a. TENANT shall indemnify and hold harmless LANDLORD, LANDLORD's
employees, directors, officers, agents, and servants from any
and all liability or claim whatsoever that may arise from or
out of any damages to persons or property caused by or
resulting from the acts or omissions of the TENANT in or about
the Dwelling Unit covered herein or in or about the Project of
which it is a part.
b. TENANT agrees to pay all reasonable legal fees and costs of
LANDLORD should there be any reason whatsoever to defend
LANDLORD.
c. This indemnification and hold harmless shall be joint and
several as to the TENANT and shall survive the termination or
expiration of this Rental Agreement
25. ACKNOWLEDGMENT, UNDERSTANDING & AGREEMENT. Your initials on each
paragraph in this Addendum and signature on the Rental
Agreement Form shall constitute your acknowledgment,
understanding, and agreement of the Covenants and Conditions
contained therein. TENANT's shall be jointly and severally
liable under the Rental Agreement and any Addenda.
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26. PROFESSIONAL ASSISTANCE. By initialing this paragraph TENANT agrees and
acknowledges that prior to signing and initialing the Rental
Agreement and its Addendum TENANT has been advised and given
the opportunity by LANDLORD to seek TENANT's own professional
assistance, such as an attorney, to help TENANT understand each
and every one of the paragraphs contained herein. TENANT has
either chosen to seek such professional assistance or has
decided against such assistance. In either event, TENANT agrees
and acknowledges that TENANT is making a conscience decision to
execute this Rental Agreement and its Addendum and further
understands and agrees to abide by each and every part of this
Agreement and its Addendum.
27. SEVERABILITY. If any paragraph or provision in this Rental Agreement
or Addendum is held invalid by a Court of proper jurisdiction,
the invalidity does not affect other paragraphs or provisions
of this Rental Agreement or Addendum which can be given full
force and effect without the invalid paragraph or provision,
and to this end the paragraphs or provisions of this Rental
Agreement and Addendum are severable.
28. APPLICABLE LAW. This Rental Agreement and it's Addendum shall be
governed and construed in accordance with the laws of the State
of Hawaii.
29. EXCUSE OF LANDLORD'S PERFORMANCE. Anything in this Rental Agreement
and its Addendum to the contrary notwithstanding, providing
such cause is not due to the willful act or gross neglect of
LANDLORD, LANDLORD shall not be deemed in default with respect
to the performance of any of the terms, covenants and
conditions of this Rental Agreement and it's Addendum if the
same shall be due to any strike, lockout, civil commotion,
war-like operation, invasion, rebellion, hostilities, military
or usurped power, sabotage, governmental regulations or
controls, inability to obtain any material, service or
financing, through act of God or other cause beyond the control
of LANDLORD.
30. ENTIRE AGREEMENT. The provisions of this Rental Agreement and it's
Addendum constitute, and are intended to constitute, the entire
agreement between LANDLORD and TENANT. No terms, conditions,
warranties, actual or implied, exist between LANDLORD and
TENANT except as herein expressly set forth.
31. NONWAIVER. The acceptance of rent by LANDLORD shall not be deemed
a waiver by LANDLORD of any breach by TENANT of any term,
covenant or condition herein contained, nor of LANDLORD's right
to declare and enforce a forfeiture for any such breach, and
failure of LANDLORD to insist upon strict performance of any
term, covenant or condition herein shall not be construed as a
waiver of any subsequent breach of the same nor of any other
term, covenant or condition.
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32. NO PARTY DEEMED DRAFTER. LANDLORD and TENANT agree and acknowledge that
both Parties have had an opportunity to negotiate the terms and
conditions of this Rental Agreement and its Addenda. LANDLORD
and TENANT further agree that neither Party shall be deemed to
be the drafter of this Rental Agreement and its Addenda. In the
event tins Rental Agreement and its Addenda are ever reviewed
by a court of law, such court shall not construe this Rental
Agreement and its Addenda or any provision herein against
either Party as the drafter of this Rental Agreement and its
Addenda.
33. AGENCY. LANDLORD is a real estate licensee and is associated with the
Owner of the Project ("Owner"). LANDLORD and all its real estate
licensees REPRESENTS THE OWNER ONLY and NOT the TENANT. TENANT is
aware, agrees and acknowledges that LANDLORD:
a. Represents and is the agent of the Owner only;
b. Is NOT the agent of the TENANT; and
c. Owes fiduciary duties to the Owner only and not the TENANT.
TENANT further agrees not to claim that LANDLORD is or acted as
TENANTs agent or the dual agent of TENANT and the Owner.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be
executed the day and year first above written.
[SIGNATURE ILLEGIBLE] [SIGNATURE ILLEGIBLE]
--------------------------- --------------------------------
TENANT TENANT
HARBOR COURT DEVELOPERS
By XxXxxxxxx Real Estate, Inc.
As Agent
---------------------------
LANDLORD
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EMERGENCY CALLS
Monday - Friday between 8:00 a.m. and 5:00 p.m.................. Xxxxxxx
XxXxxxxxx, Jr.
Office Phone Number............................................. 537-5378
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Digital Pager................................................... 289-0171
Though Security................................................. 524-4188,
ext. 306
After hours and on weekends Call Security at 000-0000
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