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other remedy, result in imposition of a per day charge of $50. Some
<br />local governments regulate policies on additional occupants (see
<br />any applicable Local Law Disclosure addenda). Changes in
<br />occupancy are not permitted without the prior written approval of
<br />Owner at the Owner’s sole discretion. Resident(s) unilateral change
<br />in marital status or member of their living group does not modify
<br />or amend this agreement unless Owner has approved the change
<br />in writing through a mutually executed written amendment to this
<br />Agreement. Should Owner agree to any sublet, assignment or
<br />change in occupancy, the vacating Resident recognizes that any
<br />prepayments or refundable deposits will be assigned to the
<br />successor Residents and any refund shall be made solely to the
<br />successor residents at the termination of tenancy.
<br />1.12 DELIVERY OF PREMESIS
<br />If for any reason whatsoever Owner does not deliver possession of
<br />the Premises on the commencement of the term of this Agreement,
<br />rent shall be prorated until such time as Owner tenders possession.
<br />In all other respects this Agreement shall remain in full force and
<br />effect and the term shall not be extended. In no event shall Owner
<br />be liable to Resident for damages caused by failure to deliver
<br />possession of the Premises. If possession of the Premises is not
<br />tendered within 5 days of the commencement of the term of this
<br />Agreement, Resident may terminate this Agreement by giving
<br />written notice to Owner, and any monies paid by Resident to Owner
<br />shall be refunded to Resident.
<br />1.13 ATTORNEYS FEES/VENUE & JURISDICTION
<br />As provided by law and except as otherwise prohibited, the
<br />prevailing party shall be entitled to recover its reasonable attorneys
<br />fees and court costs incurred in the event any action, suit or
<br />proceeding commenced to enforce the terms of this Agreement.
<br />This Agreement shall be governed by and construed in accordance
<br />with the laws of the State of Washington. It is agreed that venue
<br />for any legal action brought to enforce the terms of this Agreement
<br />shall be in the District or Superior Court with jurisdiction over the
<br />area in which the Premises are located.
<br />1.14 NON-WAIVER OF BREACH AND
<br />SEVERABILITY
<br />The failure of Owner to insist upon the strict performance of any
<br />term of this Agreement, or to exercise any option herein conferred
<br />in any one or more instances, shall not be construed to be a waiver
<br />or relinquishment of any of such term or Agreement, but the same
<br />shall remain in full force and effect If any clause or provision of
<br />this Agreement is illegal, invalid, or unenforceable under present or
<br />future laws effective during the term hereof, then it is the intention
<br />of the parties hereto that the remainder of the Agreement shall
<br />not be effected thereby, and it is also the intention of the parties
<br />to this Agreement that in lieu of each clause or provision that is
<br />illegal, invalid or unenforceable, there be added as a part of this
<br />Agreement, a clause or provision as similar in terms to such illegal,
<br />invalid or unenforceable clause or provision as may be possible and
<br />be legal, valid and enforceable.
<br />1.15 LEAD WARNING STATEMENT
<br />Housing built before 1978 may contain lead-based paint. Lead-
<br />based paint, paint chips, and dust can pose health hazards if not
<br />managed properly. Lead exposure is especially harmful to young
<br />children and pregnant women. Before renting pre1978 housing,
<br />Landlords and Owners must disclose the presence of known lead-
<br />based paint and/or lead-based paint hazards in the dwelling
<br />Residents must also receive a federally approved pamphlet on lead
<br />poisoning prevention.
<br />1.16 ACTIONS BY THIRD PARTIES/PERSONAL
<br />PROTECTION
<br />Owner disclaims any warranties or representation that it will be
<br />liable to Resident, resident’s family, agents, invitees, employees, or
<br />servants for any damages or losses to person or property caused
<br />by residents of the property or other persons. Resident understands
<br />that Owner and its legal representatives do not guarantee, warrant,
<br />or assure resident’s personal security and are limited in their ability
<br />to provide protection. Resident acknowledges that security devices
<br />or measures may fail or be thwarted by criminals or by electrical
<br />or mechanical malfunction. Therefore, Resident acknowledges that
<br />they should not rely upon the presence of such devices or measures
<br />and should protect themselves and their property as if these devices
<br />or measures did not exist.Resident understands that any proactive
<br />steps owner has taken are neither a guarantee nor a warranty
<br />that there will be no criminal acts or that resident will be free
<br />from the violent tendencies of third persons. Resident has been
<br />informed and understands and agrees that personal safety and
<br />security are resident’s own personal responsibility.Harassment
<br />or intimidation of a resident, guest,owner or owner’s agent is
<br />prohibited. Resident is responsible for all damage caused to the
<br />Premises as a result of the negligence of resident, their guests and
<br />invitees, including but not limited to fire and glass breakage, and
<br />shall be responsible for repair and replacement of any damage
<br />caused thereby, regardless of whether the breakage or damage was
<br />caused voluntarily, involuntarily, or from vandalism.
<br />1.17 ATTRACTIVE NUISANCES
<br />Residents agree to not use, install, allow or support any attractive
<br />features including but not limited to trampolines, skate ramps,
<br />pools, on the property or surrounding property areas due to
<br />potential injury. Any features or such other items in Resident’s
<br />possession shall be stored in a safe condition in such a way that they
<br />cannot be use
<br />1.18 LIENS & SALES
<br />Owner may mortgage the Premises or Property or grant deeds
<br />of trust with respect thereto. Resident agrees to execute such
<br />reasonable estoppels certificates as may be required by a mortgage
<br />or deed of trust beneficiary stating that the Lease is in full force and
<br />effect and certifying the dates to which Rent and other charges have
<br />been paid. This Lease is subject and subordinate to any mortgage
<br />or deed of trust which is now a lien upon the Property or the
<br />Premises, as well as to any mortgages or deeds of trust that may
<br />hereafter be placed upon the Property or Premises and to any or
<br />all advances to be made or amounts owing thereunder, and all
<br />renewals, replacements, consolidations and extensions thereof.
<br />Resident shall execute and deliver, within 10 days after demand
<br />therefore, whatever instruments may be required from time to time
<br />by any mortgagee or deed of trust beneficiary for any of the
<br />foregoing purposes.
<br />1.19 DELAY IN OCCUPANCY
<br />If occupancy is or will be delayed for construction, repairs, cleaning,
<br />or a previous resident's holding over, we're not responsible for the
<br />delay. The Lease Contract will remain in force subject to: (1)
<br />abatement of rent on a daily basis during delay; and (2) your right to
<br />terminate as set forth below. Termination notice must be in writing.
<br />After termination, you are entitled only to refund of deposit(s) and
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