17. INSURANCE: TENANT may maintain a personal property insurance policy to cover any losses
sustained to TENANT'S personal property or vehicle. It is acknowledged that LANDLORD does not
maintain this insurance to cover personal property damage or loss caused by fire, theft, rain, water
overflow/leakage, acts of GOD, and/or any other causes.
It is acknowledged that LANDLORD is not liable for these occurrences. It is acknowledged that
TENANT'S insurance policy shall solely indemnify TENANT for any losses sustained. TENANT'S
failure to maintain said policy shall be a complete waiver of TENANT'S right to seek damages against
LANDLORD for the above stated losses. The parties acknowledge that the premises are not to be
considered a security building which would hold LANDLORD to a higher degree of care.
18. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term,
pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month to
month tenancy upon the approval of LANDLORD. Where said term is a month to month tenancy,
either party may terminate this tenancy by the serving of a 30-day written notice.
19. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss, total
or partial destruction of the premises, or failure of previous TENANT to vacate, either party may
terminate this agreement upon written notice to the other party at their last known address. It is
acknowledged that either party shall have no liability to each other except that all sums paid to
LANDLORD will be immediately refunded to TENANT.
20. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an
abandonment of the premises has occurred where the, within the meaning of Civil Code Section
1951.2, where rent has been unpaid for 14 consecutive days and the TENANT has been absent from
unit for 14 consecutive days. In that event, LANDLORD may serve written notice pursuant to Civil
Code Section 1951.2. If TENANT does not comply with the requirements of said notice in 18 days,
the premises shall be deemed abandoned.
21. WAIVER: LANDLORD'S failure to require compliance with the conditions of this agreement, or to
exercise any right provided herein, shall not be deemed a waiver by LANDLORD of such condition or
right. LANDLORD'S acceptance of rent with knowledge of any default under agreement by TENANT
shall not be deemed a waiver of such default, nor shall it limit LANDLORD'S rights with respect to that
or any subsequent right. If is further agreed between the parties that the payment of rent at any time
shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD in writing specifically
acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action.
22. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity
shall not affect the validity or enforceability of any other provision of this agreement.
23. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this
agreement or to recover possession of the premises, the prevailing party shall recover from the other
party reasonable attorney fees.
It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation
between the parties. It is also acknowledged that jury trials require a longer length of time to