payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's
observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said
Premises for the term hereof.
19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant,
Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the
building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the
structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold
Landlord harmless from any and all claims or assertions of every kind and nature.
20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other
than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter
prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within
seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the
intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If
Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at
Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable
and may exercise any and all rights and remedies available to Landlord at law or in equity or may
immediately terminate this Agreement.
21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not
made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other
charges due hereunder, a "late fee" in the amount of
______________________________________________________________ DOLLARS ($__________).
22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises
or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner
provided by law, and without becoming liable to Tenant for damages or for any payment of any kind
whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part
thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may
receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable
for any difference between the rent that would have been payable under this Agreement during the balance
of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by
Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the
Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the
Premises to also have been abandoned, in which case Landlord may dispose of all such personal property
in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce
any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the
Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of
any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's
option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in
25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and
under the Laws of the State of Hawaii.
26. 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.
27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding
on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of
reference only and they are not intended to have any effect whatsoever in determining the rights or
obligations of the Landlord or Tenant.
29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or