XXXV. DEFAULT. If the Tenant fails to comply with any of the financial or material
provisions of this Agreement, or of any present rules and regulations or any that may be
hereafter prescribed by the Landlord, or materially fails to comply with any duties
imposed on the Tenant by statute or State laws, within the time period after delivery of
written notice by the Landlord specifying the non-compliance and indicating the intention
of the Landlord to terminate the Agreement by reason thereof, the Landlord may
terminate this Agreement. If the Tenant fails to pay rent when due and the default
continues for the time-period specified in the written notice thereafter, the Landlord may,
at their option, declare the entire balance (compiling all months applicable to this
Agreement) of rent payable hereunder to be immediately due and payable and may
exercise any and all rights and remedies available to the Landlord at law or in equity
and may immediately terminate this Agreement.
The Tenant will be in default if: (a) Tenant does not pay rent or other amounts that are
owed; (b) Tenant, their guests, or the Occupant(s) violate this Agreement, rules, or fire,
safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (c)
Tenant abandons the Premises; (d) Tenant gives incorrect or false information in the
rental application; (e) Tenant, or any Occupant(s) is arrested, convicted, or given
deferred adjudication for a criminal offense involving actual or potential physical harm to
a person, or involving possession, manufacture, or delivery of a controlled substance,
marijuana, or drug paraphernalia under state statute; (f) any illegal drugs or
paraphernalia are found in the Premises or on the person of the Tenant, guests, or
Occupant(s) while on the Premises and/or; (g) as otherwise allowed by law.
XXXVI. MULTIPLE TENANT OR OCCUPANT(S). Each individual that is considered
a Tenant is jointly and individually liable for all of this Agreement's obligations, including
but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this
Agreement, the Tenant is considered to have violated this Agreement. Landlord’s
requests and notices to the Tenant or any of the Occupant(s) of legal age constitutes
notice to the Tenant. Notices and requests from the Tenant or any one of the
Occupant(s) (including repair requests and entry permissions) constitutes notice from
the Tenant. In eviction suits, the Tenant is considered the agent of the Premise for the
service of process.
XXXVII. DISPUTES. If a dispute arises during or after the term of this
Agreement between the Landlord and Tenant, they shall agree to hold negotiations
amongst themselves, in "good faith", before any litigation.
XXXVIII. SEVERABILITY. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other persons,
entities or circumstances shall be affected thereby, but instead shall be enforced to the
maximum extent permitted by law.
XXXIX. SURRENDER OF PREMISES. The Tenant has surrendered the Premises when
(a) the move-out date has passed and no one is living in the Premise within the
Landlord’s reasonable judgment; or (b) Access to the Premise have been turned in to
Landlord – whichever comes first. Upon the expiration of the term hereof, the Tenant
shall surrender the Premise in better or equal condition as it were at the
commencement of this Agreement, reasonable use, wear and tear thereof, and
damages by the elements excepted.