WikiWe is not a law firm, but a provider of legal “fill in the blank” forms and general legal information. Thus, communications with us are not confidential or protected by attorney-client privilege. We do not offer legal advice. Our forms are not customized for individual clients and should not replace a lawyer. Please note that laws are subject to continuous change. As a result, some recent amendments may not yet be reflected on this website.
Notice is effective when made via 🟡 Group, or later specified in effective written notice provided, or by other notice with acknowledgement of receipt.
Rights and Responsibilities Summary Table
CommonPaper MNDA
Aspect
Receiving Party
Disclosing Party
Disclosure of Confidential Information
Must receive and protect the disclosed [[#confidential-information
Confidential Information]] according to the terms of the CommonPaper MNDA.
Protection and Use of Confidential Information
Must use the [[#confidential-information
Confidential Information]] solely for the agreed purpose and protect it with no less than a reasonable degree of care.
Intellectual Property Rights
Must respect and preserve all intellectual property rights of the Disclosing Party. No license is granted under these rights.
Retains all intellectual property rights in the disclosed [[#confidential-information
Exclusions from Confidential Obligations
Obligations do not apply to information that is publicly available, already known, received from a third party, or independently developed without reference to the [[#confidential-information
Confidential Information]].
Disclosure Required by Law
Must notify the Disclosing Party promptly if legally required to disclose the [[#confidential-information
Confidential Information]] and cooperate in seeking a protective order.
Return or Destruction of Confidential Information
Must return or destroy all [[#confidential-information
Confidential Information]] upon request or at the termination of the MNDA and, if requested, certify this in writing.
Term and Termination
Same as Disclosing Party. The obligations related to [[#confidential-information
Confidential Information]] survive the termination for the Term of Confidentiality (3 years).
Certification of Compliance
Must provide written certification of compliance with the MNDA’s terms regarding the destruction or return of [[#confidential-information
Confidential Information]], if requested.
Equitable Relief
-
Entitled to seek equitable relief, including injunctions, in the event of a breach by the Receiving Party.
Governing Law and Arbitration
Agrees participate in the peacemaking process and resolve all disputes via Utah IDR 24-03.
Agrees participate in the peacemaking process and resolve all disputes via Utah IDR 24-03.
[#] GPT-4 TURBO:
please outline in a table the rights and responsibilities the parties to the [[Common Paper Mutual NDA
- Receive rent and other fees on time - Enter premises for inspection, repairs, or showing (with notice) - Refuse to correct conditions caused by tenant misuse - Terminate lease if premises are unfit for occupancy - Increase rent (max 10%) with 30 days notice - Re-rent premises in case of abandonment - Resolve all disputes based upon the Utah IDR 24-03
- Provide habitable premises - Make necessary repairs (except those caused by tenant) - Refund security deposit (or provide explanation) within specified time - Disclose known lead-based paint hazards (for pre-1978 buildings) - Deliver possession of premises on agreed date -Participate in the peacemaking process
Tenant
- Occupy the premises for residential use - Receive habitable premises - Privacy (landlord must give notice before entry, except in emergencies) - Receive refund of security deposit (if applicable) - Resolve all disputes based upon the Utah IDR 24-03 - Terminate lease with notice as specified
- Pay rent and fees on time - Maintain premises in clean and sanitary condition - Report repair needs in Signal Channel and fix minor issues - Not sublet or assign without landlord’s consent - Not make alterations without landlord’s consent - Abide by noise and nuisance clauses - Follow house rules - Not keep pets without permission - Carry personal property insurance (recommended) - Notify landlord of extended absences - Pay for damages caused by misuse or negligence - Vacate premises at end of lease term -Participate in the peacemaking process
[#] Claude 3.5 Sonnet:
please outline in a table the rights and responsibilities the parties to the [[Residential Lease Agreement]]
DISPUTES - If any, seek to exhaust peacemaking process under Utah IDR 24-03.
Please call or message the Administrator of 🟡 Group if you have questions or observe breaches of confidentiality or encryption under this MNDA or related MNDAs.
This document may contain confidential information that is privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the Administrator of 🟡 Group and destroy the original transmission and its attachments without reading or saving in any manner.
La Verkin Homesteading Compact & MNDA Cover Page
USING THIS MNDA
This Mutual Non-Disclosure Agreement (the “MNDA”) consists of: (1) this Cover Page (“Cover Page”) and (2) the Common Paper Mutual NDA Standard Terms Version 1.0 (“Standard Terms”) identical to those posted at commonpaper.com/standards/mutual-nda/1.0. A copy of the Standard Terms is attached for convenience only in the next toggle box. Any modifications of the Standard Terms should be made on the Cover Page, which will control over conflicts with the Standard Terms.
Purpose:: evaluating, engaging in, and conducting the specific business transaction, or relationship for which the information was disclosed
Effective Date:: Date unsigned or date joined group
MNDA Term:: Continues until terminated in accordance with the terms of the MNDA
Term of Confidentiality:: 3 years from date of last disclosure, but in the case of trade secrets until Confidential Information is no longer considered a trade secret under applicable laws
Lease Holder:: Ashlie
Lease Holder Email::
Lease Space:: Upstairs and attic residential of 134 S Main St La Verkin
Changes to Standard Terms::
Disputes: Every dispute for every incorporated agreement herein shall be resolved according to the Principles of Peacemaking (PDR/ADR) and is subject to binding arbitration - fees split equally - under Utah IDR 24-03.
Effective Notice: Each party shall maintain Signal.org on their primary devices to enable E2EE (E2E Encrypted) communications and data exchange, and may designate a Signal Primary Contact Channel, which may also be used for notice and coordination in addition to =this.notice-channel.
This La Verkin Homesteading Compact & Cover Page and Signal Primary Contact Channel Description will have control over conflicts with the Standard Terms and every incorporated agreement, except Utah IDR 24-03 which will govern the relationships and agreements.
Each party may provide advisory, consulting, or contracting services - as an independent contractor - to the other party with a signed and accepted statement of work, work order, or engagement letter. Each party shall be responsible for their own taxes and proper record keeping reporting to the Property Conservator.
The property on 134 S Main St La Verkin UT shall be subdivided and leased accordingly.
Main House leased to Ashlie consists of upstairs and attic with max of 4 adults (over 16yo)
Bunk House leased to Chuck consists of downstairs with max of 2 adults (over 16yo)
To receive a reimbursement for pre-approved repairs, work output, and property maintenance, each party must provide a detailed invoice to the property manager via the =this.notice-channel. If photos, screenshots, receipts, and evidence of work is not attached, invoices may be rejected by the property manager. Property manager will only view invoices around the 1st and 15th of each month. Payout will be NET 15.
Complete the following Leasee Checklist and provide signed document :
Read and accept this Cover Page, which should show the dates of acceptance
Provide a signed statement with the following documents:
Any adults wishing to reside more than 1 week within 90 days on the property
Valid Utah ID
Background check within 90 days (provide a recent copy, otherwise, pay a $50 processing fee and provide an additional 3 character references)
Contact info and relationship for character references
Income verification showing paystubs > 2x rent
Any children ages 8-16 residing with parents more than 1 week within 90 days on the property
School verification (except summer break)
Accept and acknowledge this Cover Page and Signal Group Description controls conflicts between these documents.
Establish effective notice via Signal on a personal device or agree on a statement of effective notice.
Accept and acknowledge property conditions, including: pests, broken windows or fixtures, leaks
Make payment to property manager of 1 months rent
Give security deposit to property manager for 1 months rent and utilities and maintenance estimates for 3 months
Participant in monthly meetings last and/or first Saturday at 5pm each month or delegate in writing with effective notice, or unless issues and payments resolved together in writing
Complete the following Termination Checklist with reasonable move out notice to apply for security deposit.
I have removed all of my belongings from the premise.
I have cleaned the personal and shared space I used.
Keys have been return and access codes revoked or deleted, lost keys or access costs will be billed against the security deposit.
I will invoice the property manager for my security deposit less any utilities, damages, and cleaning fees.
By signing this Cover Page, each party agrees to enter into this MNDA and incorporated agreements as of the Effective Date.
Please acknowledge and notice MNDA in the WikiWe 🟡 Group and =this.notice-channel, which shall be the effective notice, requests, and approvals channel.
Disclaimer
WikiWe is not a law firm, but a provider of legal “fill in the blank” forms and general legal information. Thus, communications with us are not confidential or protected by attorney-client privilege. We do not offer legal advice. Our forms are not customized for individual clients and should not replace a lawyer. Please note that laws are subject to continuous change. As a result, some recent amendments may not yet be reflected on this website.
Notice is effective when made via 🟡 Group, or later specified in effective written notice provided, or by other notice with acknowledgement of receipt.
NOTICE - Please use =this.notice-channel for effective notice and communication.
Or by signing and dating the following handwritten frame:
This Mutual Non-Disclosure Agreement (which incorporates these Standard Terms and the Cover Page (defined below)) (“MNDA”) allows each party (“Disclosing Party”) to disclose or make available information in connection with the Purpose which (1) the Disclosing Party identifies to the receiving party (“Receiving Party”) as “confidential”, “proprietary”, or the like or (2) should be reasonably understood as confidential or proprietary due to its nature and the circumstances of its disclosure (“Confidential Information”). Each party’s Confidential Information also includes the existence and status of the parties’ discussions and information on the Cover Page. Confidential Information includes technical or business information, product designs or roadmaps, requirements, pricing, security and compliance documentation, technology, inventions and know-how. To use this MNDA, the parties must complete and sign a cover page incorporating these Standard Terms (“Cover Page”). Each party is identified on the Cover Page and capitalized terms have the meanings given herein or on the Cover Page.
2. Use and Protection of Confidential Information.
The Receiving Party shall: (a) use Confidential Information solely for the Purpose; (b) not disclose Confidential Information to third parties without the Disclosing Party’s prior written approval, except that the Receiving Party may disclose Confidential Information to its employees, agents, advisors, contractors and other representatives having a reasonable need to know for the Purpose, provided these representatives are bound by confidentiality obligations no less protective of the Disclosing Party than the applicable terms in this MNDA and the Receiving Party remains responsible for their compliance with this MNDA; and (c) protect Confidential Information using at least the same protections the Receiving Party uses for its own similar information but no less than a reasonable standard of care.
3. Exceptions.
The Receiving Party’s obligations in this MNDA do not apply to information that it can demonstrate: (a) is or becomes publicly available through no fault of the Receiving Party; (b) it rightfully knew or possessed prior to receipt from the Disclosing Party without confidentiality restrictions; (c) it rightfully obtained from a third party without confidentiality restrictions; or (d) it independently developed without using or referencing the Confidential Information.
4. Disclosures Required by Law.
The Receiving Party may disclose Confidential Information to the extent required by law, regulation or regulatory authority, subpoena or court order, provided (to the extent legally permitted) it provides the Disclosing Party reasonable advance notice of the required disclosure and reasonably cooperates, at the Disclosing Party’s expense, with the Disclosing Party’s efforts to obtain confidential treatment for the Confidential Information.
5. Term and Termination.
This MNDA commences on the Effective Date and expires at the end of the MNDA Term. Either party may terminate this MNDA for any or no reason upon written notice to the other party. The Receiving Party’s obligations relating to Confidential Information will survive for the Term of Confidentiality, despite any expiration or termination of this MNDA.
6. Return or Destruction of Confidential Information.
Upon expiration or termination of this MNDA or upon the Disclosing Party’s earlier request, the Receiving Party will: (a) cease using Confidential Information; (b) promptly after the Disclosing Party’s written request, destroy all Confidential Information in the Receiving Party’s possession or control or return it to the Disclosing Party; and (c) if requested by the Disclosing Party, confirm its compliance with these obligations in writing. As an exception to subsection (b), the Receiving Party may retain Confidential Information in accordance with its standard backup or record retention policies or as required by law, but the terms of this MNDA will continue to apply to the retained Confidential Information.
7. Proprietary Rights.
The Disclosing Party retains all of its intellectual property and other rights in its Confidential Information and its disclosure to the Receiving Party grants no license under such rights.
8. Disclaimer.
ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Governing Law and Jurisdiction.
This MNDA and all matters relating hereto are governed by, and construed in accordance with, the laws of the State of Governing Law, without regard to the conflict of laws provisions of such Governing Law. Any legal suit, action, or proceeding relating to this MNDA must be instituted in the federal or state courts located in Jurisdiction. Each party irrevocably submits to the exclusive jurisdiction of such Jurisdiction in any such suit, action, or proceeding.
10. Equitable Relief.
A breach of this MNDA may cause irreparable harm for which monetary damages are an insufficient remedy. Upon a breach of this MNDA, the Disclosing Party is entitled to seek appropriate equitable relief, including an injunction, in addition to its other remedies.
11. General.
Neither party has an obligation under this MNDA to disclose Confidential Information to the other or proceed with any proposed transaction. Neither party may assign this MNDA without the prior written consent of the other party, except that either party may assign this MNDA in connection with a merger, reorganization, acquisition or other transfer of all or substantially all its assets or voting securities. Any assignment in violation of this Section is null and void. This MNDA will bind and inure to the benefit of each party’s permitted successors and assigns. Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of this MNDA is held unenforceable, it will be limited to the minimum extent necessary so the rest of this MNDA remains in effect. This MNDA (including the Cover Page) constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter. This MNDA may only be amended, modified, waived, or supplemented by an agreement in writing signed by both parties. Notices, requests and approvals under this MNDA must be sent in writing to the email or postal addresses on the Cover Page and are deemed delivered on receipt. This MNDA may be executed in counterparts, including electronic copies, each of which is deemed an original and which together form the same agreement.
[!] technical or business information, product designs or roadmaps, requirements, pricing, security and compliance documentation, technology, inventions and know-how
Attachments & Incorporated Agreements
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Principles of Peacemaking
Principles of Peacemaking
We as Principled Peacemakers 🕊️ are each responsible to embody three core principles for peacemaking by promising:
Principled Resolution Promise
I promise to authentically, directly, peacefully, and proactively provide feedback and respond to complaints within 30 days. Instead of legal action, I will first seek resolution through direct discussion; second, prepare and share a record detailing my claim, proposed remedy, controlling principles, and undisputed facts with a fellow Principled Peacemaker; third, involve a neutral Principled Peacemaker to help reach an agreeable resolution; and fourth, if required, resolve the dispute by binding arbitration before a mutually acceptable arbitrator.
Integrity Promise
I promise to be honest, fair, and authentic, always keeping my word and taking responsibility for my actions. I will uphold my ethical principles, build trust, and maintain consistency in my relationships and interactions.
Mutual Respect Promise
I promise to respect the autonomy of others, to refrain from seeking remedies in excess of their binding promises and agreements, and to refrain from claiming obligations from others greater than my own obligations to them.
Reputation Acceptance
I accept that dishonoring these promises may stain my reputation until I measure the impact and make amends.
Notice is effective when made via Principled Peacemakers 🕊️, or later specified in effective written notice provided, or by other notice with acknowledgement of receipt.
Trademarks
WikiWe™ is a current or intended trademark of Ricardiam DAO LLC.
This WY IDR 24-03 (IDR) governs any dispute arising out of any written agreement between parties (”Agreement”) that specifically incorporates this IDR in writing. Capitalized terms provided herein have the meaning provided in this IDR or in the Agreement. WikiLinked terms herein have their meaning provided in the linked document.
Every dispute shall be resolved according to the Principles of Peacemaking, including but not limited to this Principled Resolution Promise:
Unless otherwise agreed in writing by parties in a dispute (collectively the ”Disputants” and individually a “Disputant”), all communications and records made for dispute resolution under this IDR are confidential under the WikiWe Confidants’ MNDA, and shall not be disclosed except to the Disputants, their appointed agents or representatives, conciliators, or arbitrators, each of which shall bound by the WikiWe Confidants’ MNDA or equivalent obligation of confidentiality. Notwithstanding the foregoing, the fact that a claim is raised, pending, settled, or enforceable, the identities of the Disputants, conciliators, and arbitrators and pertinent dates may be disclosed to all those bound by the WikiWe Confidants’ MNDA. Furthermore, any legal proceedings brought in relation to the dispute resolution, including but not limited to proceedings to enforce an arbitration award or to seek an injunction against irreparable harm, may be published as provided by law.
Direct Discussions
Disputants shall first attempt to resolve their dispute through private communication with each other, seeking a mutually agreeable solution.
Claim Record
Prior to seeking conciliation or arbitration, any Disputant raising a claim or counterclaim against the other shall prepare and share a cause record detailing their claim, proposed remedy, and pertinent principles and facts with at least two Principled Peacemakers including the other Disputant. Any Disputant defending against a claim may similarly prepare and share a defense record detailing their defenses, proposed remedy if any, and pertinent principles and facts.
Involve Conciliators
If the dispute remain unresolved after consideration of the Claim Record and Direct Discussion and not earlier than thirty (30) days after first sharing the cause record with the other Disputant, either of the Disputants may request conciliation. Conciliation shall be directed to a fair resolution based on the mutually accepted principles and agreements, including at least the Principles of Peacemaking. In case of scheduling conflicts, the parties agree to use electronic scheduling, for example cal.com, to ensure reasonable availability for each other.
Conduct Arbitration
If conciliation is acknowledged by both Disputants to be unsuccessful, if any Disputant expressly refuses to participate in conciliation, or if any Disputant fails to participate in conciliation within ninety (90) calendar days after conciliation is requested by the other Disputant, either Disputant may request binding arbitration. If a Disputant fails to participate in arbitration after proper escalation and notice under this IDR, the arbitrator may render an opinion and award based on the evidence submitted by the other Disputant.
Selection of Conciliators and Arbitrators
If the Disputants cannot agree on a choice of conciliator, either Disputant may petition the WikiWe Confidants 🤐 administrator (“Administrator”) to appoint a qualified and willing neutral conciliator.
If the Disputants cannot agree on an arbitrator within thirty (30) days after a proper request for arbitration is made, the selected conciliator (if any) may select a neutral arbitrator upon request by either Disputant. If no conciliator is available, either Disputant may petition the Administrator to appoint a qualified and willing neutral arbitrator.
Unless the Disputants otherwise agree in writing on a mutually acceptable conciliator or arbitrator, selection of a conciliator or arbitrator as provided in this section shall be binding on the Disputants.
Nonsuit
Except to enforce a valid arbitration award, or to prevent irreparable harm as provided in this paragraph, no Disputant shall sue the other Disputant in any court of law. Notwithstanding the foregoing, either Disputant may seek emergency injunctive relief against the other Disputant for acts or omissions within the scope of a dispute that cause or are likely to cause irreparable harm, without first satisfying the requirement of prior negotiation, conciliation, or arbitration. A failure to enforce any aspect of the IDR does not imply a waiver of those rights.
Costs
Costs for principle-first conciliation and arbitration shall be shared equally by the Disputants, unless agreed otherwise, found otherwise by a conciliator or arbitrator hearing the dispute, or required by law.
Choice of Law and Venue Options
The disputing parties are free to select any venue and governing law they mutually agree upon, as long as it aligns with the provisions of this IDR. Unless specified by this IDR or agreed upon in writing by the disputing parties, and the applicable law shall be =this.Choice-of-Law and =this.Primary-Venue shall serve as the primary venue for resolving any legal disputes or arbitration arising from the Agreement and/or IDR. In instances where any portion of this IDR is found to be invalid or unenforceable by the chosen venue or judicial authorities display bias against this MNDA, privacy legislation, or encryption rights, any party has the option to relocate the case to any Alternative Venues willing to accept the case.
Notwithstanding any provision found to be invalid or unenforceable by the adjudicating venue, the parties hereby agree that such invalidity or unenforceability shall not affect the remaining provisions of this IDR. All other provisions shall remain in full force and effect, and the parties commit to act in good faith to negotiate a replacement for any invalidated or unenforceable term that most closely matches the intent of the original provision while ensuring compliance with applicable law. This survivability clause ensures the continuity and enforceability of the IDR framework, thereby preserving the parties’ intentions and the overall efficacy of the dispute resolution process outlined herein.
=this.license licensed via =this.owner-group around =dateformat(this.file.ctime, "yyyy-MM"), some rights reserved
Notice =this.owner-group
Notice is effective when made via =this.owner-group, or later specified in effective written notice provided, or by other notice with acknowledgement of receipt.
This document was last modified =dateformat(this.file.mtime, "yyyy-MM-dd"). Any Signal Admin of =this.owner-group may propose changes to this document per notice above with changes effective after 7 days without reasoned objection. All changes must be versioned with earlier versions accessible via WikiWe.org.
Confidentiality
Any portion of this content that is shared by either of the Parties with the other Party and marked as confidential shall be treated as confidential under the Duties of Confidentiality and the primary method for resolving disputes shall be the Principles of Peacemaking.
RECEIVED from TENANT(S) named below, the sum of $ __ DOLLARS in the form of (cash, cashier’s check, other): __ , as a deposit which, upon acceptance of this lease by the LANDLORD, will be applied as follows:
Total
Received
Payable Prior To Occupancy
Rent for period
Security Deposit
Other
TOTAL
The total deposit received shall be refunded if this lease is not accepted by the LANDLORD within days.
Ɵ
1. PARTIES
LANDLORD:
TENANT(S):
2. PROPERTY
ADDRESS:
3. TERM
This agreement shall commence on the date of and continue (check one item only): [ ] on a month-to-month basis, OR, [ ] until the date of .
4. RENT
TENANT shall pay LANDLORD or his designated agent the sum of $ per month in advance, on or before the first day of each calendar month. The TENANT shall pay the rent and deliver notices to the LANDLORD at the following address: . The LANDLORD or his designated agent must be in actual receipt of the rent in order to comply with this agreement.
5. SECURITY DEPOSIT
Prior to occupancy, TENANT shall deposit the sum of withLANDLORD,asasecuritydeposittosecureTENANT’Sfaithfulperformanceofthetermsofthisagreement.Ofthisdeposit, shall be refundable, and $ shall be non-refundable. TENANT shall NOT have the right to apply the security deposit for payment of last month’s rent. Within 30 days after all TENANTS have vacated, or within 15 days after receipt of the TENANT’S new mailing address (extended to 30 days if there is damage to the rented premises), whichever is later, the LANDLORD shall either return the refundable deposit or provide a written notice explaining why the deposit is being retained pursuant to UTAH CODE ANN. § 57-17-1 through -3. LANDLORD may use the security deposit for cleaning the premises, for any unusual wear and tear to the premises or common areas, and for any rent or other sums owed pursuant to this lease agreement.
6. OTHER FEES
(specify, i.e. utility hook-up fee, pet, etc. and whether or not refundable)
7. INITIAL PAYMENT
The initial payment of rent, deposits and fees, as per the Deposit Receipt above, shall be made in the form of cash or certified funds, and is all due prior to occupancy.
8. UTILITIES
TENANT shall pay for all utilities and/or services supplied to the premises with the following exceptions:
9. LATE FEES & BAD CHECKS
In the event that rent is not paid within four (4) days after the due date, TENANT shall pay a late fee of 8% of the monthly rent amount pursuant to paragraph 4. If LANDLORD issues a Notice for non-payment of rent, TENANT must thereafter tender all payments via cash or certified funds only. In the event of a dishonored rent check, TENANT must thereafter tender only cash or certified funds for all future payments. In addition, TENANT shall pay a fee of $20.00 for each dishonored check.
10. ACCOUNTING METHOD
All payments received by LANDLORD will be applied first toward any late fees and/or other additional charges, then toward rent.
11. USE & OCCUPANTS
The premises are rented for residential use only, and shall be occupied by the undersigned adults and children. If LANDLORD, with written consent, authorizes additional persons to occupy the premises, the rent shall be increased by 100permonthforeachadditionalperson.OccupancybyTENANT’Sguestsstayingover7dayswithoutLANDLORD’Swrittenconsent,shallbeinviolationofthisagreementandtherentshallbeimmediatelyincreasedby100 per month for each additional person.
12. INVENTORY
The following furnishings, fixtures and inventory are part of this lease agreement: __
13. PARKING
TENANT is [ ] is not [ ] (check one) assigned a parking space. If assigned a parking space it shall be designated as space # . TENANT shall not assign, sublet or otherwise allow any other person to use this parking space. Only passenger vehicles which are currently operational, currently registered in the TENANT’S name in the State of Utah, and not leaking any substance, may be parked on the premises. No other vehicle or item may be stored in this parking space without the prior written consent of the LANDLORD. TENANT may not wash, make repairs or paint in this space or any other place on the premises.
14. SUBLETTING OR ASSIGNING
TENANT shall not assign or sublet the premises, or any part thereof, without the prior written consent of the LANDLORD.
15. CONDITION OF PREMISES
TENANT acknowledges that the premises have been inspected, including floor and window coverings, appliances, paint, fixtures and appurtenances, and TENANT has found them to be clean and in complete working order, except as otherwise noted here: __
TENANT promises to maintain the premises in a clean, safe and sanitary manner, and to return the premises in a condition identical to that which existed when TENANT took occupancy, excepting normal wear and tear. TENANT shall immediately reimburse LANDLORD for any sums necessary to repair or replace any item, fixture or appurtenance in or around the premises that needs service due to the misuse or negligence of TENANT or TENANT’S guests or other occupants. TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a stoppage occurs during TENANT’S occupancy. TENANT shall be responsible for repair or replacement of the garbage disposal where the cause is a result of bones, grease, pits, or any other item which normally causes blockage of the mechanism. TENANT shall be responsible for any damage done by rain, wind, hail or other peril, if such damage is caused by leaving windows open, allowing overflow of water and/or sewer pipes, for broken windows or doors, torn screens, or any other damage caused while TENANT has possession of the premises. LANDLORD shall deliver possession of the premises with all light bulbs working and of correct wattage, thereafter replacement of light bulbs will be the responsibility and expense of TENANT.
16. ALTERATIONS
TENANT shall make no alterations additions or improvements to the premises, including but not limited to installing antennas, satellite dishes, lighting fixtures, dishwashers, washing machines, dryers or other items without the prior written authorization of LANDLORD. TENANT shall not change or install locks, paint or wallpaper in the premises without the LANDLORD’S prior written consent. TENANT shall not display any signs, posters or advertisements in a window or other place on the premises. TENANT shall not store any item or object on the property outside of the unit or on a balcony. TENANT shall not use a balcony as a clothes line. TENANT shall not remove LANDLORD’S fixtures or furnishings from the premises for any purpose. TENANT shall indemnify LANDLORD from any liens arising out of any work performed, materials supplied or obligations incurred by TENANT.
17. NOISE & NUISANCE
TENANT and TENANT’S family, guests and invitees shall not disturb, harass, annoy, imperil or otherwise interfere with the peaceful enjoyment of other tenants in the building, the neighbors, the LANDLORD, his agents or workmen. Nor shall TENANT or TENANT’S family, guests and invitees violate any law, ordinance, or health code, or commit or permit waste or nuisance in or about the premises.
18. HOUSE RULES
TENANT and TENANT’S family, guests and invitees shall abide by all written house, pool, laundry and other rules which are hereby incorporated by reference and form a part of this agreement.
19. PETS
No dog, cat, bird, rodent, reptile or other pet or animal of any kind may be brought on the premises by TENANT or TENANT’S family, guests and invitees, EVEN TEMPORARILY, without the prior written consent of the LANDLORD. LANDLORD may charge and collect $10.00 per day per violation in addition to actual damages caused by the animal, and TENANT will be subject to forfeiture of this lease.
20. LANDLORD’S RIGHT OF ENTRY & INSPECTION
The LANDLORD and/or his agents may enter the premises during normal business hours and upon reasonable advance notice of at least 24 hours to TENANT, for the purpose of inspection or repair of the premises, or to show the premises to prospective tenants, purchasers, lenders, appraisers, insurance agents, or other product or service providers. In case of an emergency, no notice need be given. TENANT shall not unreasonably deny access to, or withhold consent to enter the premises.
21. REPAIRS BY LANDLORD
Except in an emergency situation, TENANT shall notify the LANDLORD in writing of all requests for service and repairs. The LANDLORD shall act with reasonable diligence in making repairs that are the responsibility of LANDLORD. Rent shall not abate, and TENANT may not withhold rent during such period necessary to effect LANDLORD’S repairs. Pursuant to UTAH CODE ANN. § 57-22-6, LANDLORD may refuse to correct or remedy any condition caused by the TENANT or the TENANT’S family, guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it. In addition, LANDLORD may refuse to correct the condition of the premises and terminate this lease if the premises are unfit for occupancy, and shall notify TENANT of this decision in writing within a reasonable time after receipt of TENANT’s notice of noncompliance, in which case the rent shall be prorated and the balance refunded along with any deposit due after lawful deductions.
22. SECURITY NOT PROMISED
Notwithstanding whatever measures LANDLORD may take to maintain or improve the security of the premises, the parties hereby expressly acknowledge that the premises are not to be considered a security building which would subject LANDLORD to a higher degree of care.
23. TENANT’S INSURANCE
TENANT is admonished to secure a personal property insurance policy to cover any losses sustained to TENANT’S personal belongings or vehicle. It is hereby acknowledged that LANDLORD does not maintain insurance to cover losses to TENANT’S personal property which may be caused by theft, vandalism, fire, rain, water overflow/leakage, acts of God, or any other causes. It is hereby acknowledged that LANDLORD bears no liability for such occurrences. TENANT’S omission to maintain such a policy shall constitute a complete waiver of any right that may exist in TENANT to seek damages against LANDLORD for losses to TENANT’S personal property.
24. WATERBEDS & LIQUID-FILLED FURNITURE
(check one) [ ] No liquid-filled furniture may be kept on the premises, or [ ] TENANT may possess a waterbed if TENANT maintains waterbed insurance with coverage of $100,000.00 or more. TENANT must furnish LANDLORD with proof of said insurance PRIOR to installing any liquid-filled furniture in the premises.
25. TERMINATION OF LEASE
If this lease is based on a fixed term, pursuant to paragraph 3 above, this agreement will automatically continue on a month-to-month basis unless written notice of termination is given by either party at least 30 days before the end of the initial fixed term. If this lease is based on or becomes a month-to-month tenancy, (a) TENANT shall provide written notice of termination at least 30 days before the end of the month or rental period, and (b) LANDLORD shall provide statutory notice of 15 days or more prior to the end of the rental period pursuant to UTAH CODE ANN. § 78-36-3 (1953).
26. ABANDONMENT
Pursuant to UTAH CODE ANN. § 78B-6-815 (2008), abandonment shall be presumed in either of the following two situations: (1) The TENANT fails to pay rent within 15 days after the due date, TENANT fails to notify the LANDLORD that TENANT will be absent from the premises, and there is no reasonable evidence that TENANT is occupying the premises other than the presence of TENANT’S personal property. OR: (2) The rent has been due and unpaid for 1 day or more, TENANT fails to notify the LANDLORD that TENANT will be absent from the premises, TENANT’s personal property has been removed from the premises, and there is no reasonable evidence that TENANT is occupying the premises. In the event of an abandonment as above described, LANDLORD will retake the premises and endeavor to re-rent them at a fair market value for TENANT’S benefit. TENANT will remain liable for all rents and other sums due under this lease through the remainder of the lease term, or, until the premises are re-rented including all costs incurred to advertise, restore and re-rent the premises. LANDLORD will remove and store for 30 days any personal property left by TENANT, after which time it will be sold or donated to charity unless TENANT pays the actual moving and storage costs within such 30 day period, as per the procedure enumerated in UTAH CODE ANN. § 78B-6-816 (2008).
27. WAIVER
If LANDLORD fails to exercise any right under this agreement, or fails to demand strict compliance with its terms, or accepts partial compliance, such failure or acceptance of partial compliance shall not be deemed a waiver of any such rights or terms or right to full compliance. LANDLORD’S acceptance of rent with the knowledge that TENANT is in default as to any other terms of the lease shall not be deemed a waiver of any such default.
28. POSSESSION
In the event that LANDLORD is unable to deliver possession on the agreed date, either party may terminate this agreement upon written notice to the other party at their last known address. It is agreed that neither party shall have liability to the other, except LANDLORD shall immediately refund to TENANT all sums previously paid.
29. ATTORNEY FEES
In the event that legal action is undertaken by any party to enforce the terms of this lease or to recover possession of the premises, the prevailing party shall be entitled to recover from the other party all costs incurred in connection with such action, including reasonable attorney fees and collection costs, with or without suit.
30. NOTICES
All notices required or given pursuant to this lease shall be in writing and served in accordance with state law. Where notice requirements are not spelled out by law, notices shall be sent via first class mail to the TENANT at the address of these premises, to LANDLORD at the address for payment of rent, or by hand delivery to any party.
31. SEVERABILITY
Should any provision of this lease be held to be invalid or unenforceable, the remainder of the lease shall not be affected thereby.
32. RENT INCREASE
LANDLORD reserves the right to increase the rent on the subject premises during the initial term of this lease by a maximum of 10% upon 30 days written notice, if required as a result of an increase in utilities, insurance, taxes, or other operating expenses.
33. ADDITIONAL RENT
All sums owed under this Agreement shall be deemed additional rent.
34. TIME
Time is of the essence in this agreement.
35. LANDLORD’S DISCLOSURE REGARDING TOBACCO SMOKE
(check one) [ ] Smoking is absolutely forbidden in or around these premises, or, [ ] Smoking is allowed in other units, and tobacco smoke from those units may drift into the unit that is the subject of this Agreement.
TENANT’S ACKNOWLEDGMENT: By signing below, TENANT acknowledges having been informed that tobacco smoke may drift into the unit that is the subject of this Agreement. TENANT hereby waives any right to a cause of action for nuisance under UTAH CODE ANN. § 78B-6-1106 (2008).
36. LEAD WARNING STATEMENT
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, LANDLORDS must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. TENANTS must also receive a federally approved pamphlet on lead poisoning prevention.
LANDLORD’S DISCLOSURE: (initial where applicable if the premises were built before 1978)
LANDLORD has no knowledge of lead-based paint or lead-based paint hazards in the premises.
LANDLORD has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the premises. LANDLORD has knowledge of lead-based paint and/or lead-based paint hazards present in the premises, and hereby attaches all available records and reports pertaining to same.
TENANT’S ACKNOWLEDGMENT: (initial where applicable if the premises were built before 1978)
TENANT has received the pamphlet Protect Your Family From Lead In Your Home.
TENANT has received copies of all records and reports attached hereto. TENANT agrees to promptly inform LANDLORD in writing of any deteriorated and/or peeling paint in the premises.
37. ADDITIONAL TERMS & CONDITIONS
38. JOINT RESPONSIBILITY
TENANT and each co-signer and/or guarantor expressly understands and agrees that each will be both jointly and individually responsible for the faithful fulfillment of the terms of this lease agreement. By signing this lease, each co-signer and/or guarantor has a right of possession as a TENANT of the premises, and shall be named parties in any action necessary to enforce this lease.
39. ENTIRE AGREEMENT
The above stated agreement, including any attachments incorporated by reference, constitute the complete and final agreement of LANDLORD and TENANT and supercedes any prior oral or written representations or understandings. Moreover, TENANT has been admonished to seek legal advice prior to entering into this agreement and TENANT has waived such counsel. TENANT acknowledges having relied solely on TENANT’S own judgment in entering into this agreement.
