Vacation Home Rental Contract (Page 5 of 7) in pdf

agreement and acknowledge that it is expressly made a part of this agreement and agreement is a precondition to this agreement.

---INDEMNIFICATION AND HOLD HARMLESS: TENANT agrees to indemnify and hold harmless Owner and Landlord and

their representatives from and against any liability for personal injury or property damage sustained by any person (including

TENANT's guests) as a result of any cause, unless caused by the gross negligence or intentional willful act of the Owner or Landlord.

---ASSIGNMENT: This lease may not be assigned or any portion of the Premises sublet. Any attempt to do so shall be considered a

material breach.

---SURRENDER OF PREMISES: TENANT covenants and promises to surrender the premises in as good and the same condition as

the commencement of the rental period, reasonable wear and tear excepted; and to reimburse Landlord the amount, including

reasonable attorney's fees, for all other damages. Soiling and/or discoloration of the seat cushions is NOT considered reasonable wear

and tear and will be billed as additional cleaning or damage.

---EXPEDITED EVICTION: If TENANT (i) holds over in possession after the TENANT's tenancy has expired; (ii) commits a

material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the

termination of TENANT's tenancy; (iii) fails to pay rents as required by this agreement; or (iv) has obtained possession of the

Premises by fraud or misrepresentation, the TENANT agrees to an expedited eviction as the law allows.

---LAWS: That no laws, statutes or ordinances of a jurisdictional government agency will be violated on the premises nor the

Premises used for any such purpose.

---ENFORCEMENT OF LEASE: That should LANDLORD incur any expenses in enforcing the terms of this Lease, TENANT shall

promptly reimburse LANDLORD 100% for such expenses as LANDLORD shall deem reasonable.

---DISPUTES: This lease shall be governed by and interpreted in accordance with the laws of the State of Hawaii and County of

Hawaii. Any action relating to this agreement shall only be instituted and prosecuted in courts in Hawaii. TENANT specifically

consents to such jurisdiction and to extraterritorial service of process. Should Landlord be required to take any action to enforce or

recover under this agreement or should the Tenant initiate any legal proceeding against the Landlord (the Released Party), the tenant

shall pay the Landlord's costs of arbitration and litigation including without limitation, reasonable attorney's fees.

---DEFAULT BY TENANT: TENANT agrees that every condition, covenant and provision of this lease is material. A breach of any

of these will constitute a material breach giving the Landlord the right to terminate this lease, the right to immediate possession of the

premises, the forfeiture of all deposits and the right to all damages including but not limited to costs of enforcement and reasonable

attorney's fees.

---SOLE AGREEMENT: This document including any attachments incorporated by reference herein constitute the entire and sole

agreement between the Landlord and TENANT respecting the leased Premises, the leasing of the Premises to TENANT, and the lease

term created under this Lease, and correctly sets forth the obligations of Landlord and TENANT to each other as of its date. Any oral

or verbal agreements or representations respecting the leased premises or their leasing by the Landlord to TENANT not expressly set

forth in writing in this agreement are null and void. Only written agreements shall constitute this lease.

---CHANGES: The parties hereto further agree that any changes to this agreement are to be in writing to be enforceable or otherwise

are null and void.

---FAX/ELECTRONIC: Copies and signatures by facsimile or electronics are considered valid. The parties shall retain the originals

for verification.

---DEFINITIONS: Wherever "Landlord" is used it is intended to mean Landlord, Owner, and their agents and employees. The use of

the word TENANT shall include both singular and plural.

---SEVERABILITY: If any part of this agreement is found by a court of competent jurisdiction to be unenforceable than the remainder

of the agreement shall remain in full force and effect.

Vacation Home Rental Contract Page 5