The Point on lane Lease

- action by Management shall not be or effect any change in the terms hereof or constitute or become a waiver of subsequent breach, and Management may discontinue any facilities furnished and services rendered by Management, not expressly covenanted for herein, it being expressly understood that they constitute no part of the consideration of this lease.
- 33. Waiver: No waiver by Lessor of one breach of any covenant or agreement herein contained shall be construed to be a waiver of the covenant or agreement itself, or of the subsequent breach thereof. Acceptance of the rent or acquiescence continues in a default shall not operate as a waiver of such default, even though such acquiescence continues for an extended period of time. The provisions of this Lease shall not affect or impair any other provision.
- 34. Counterparts: This Lease may be executed in any number of counterparts, each of which shall be an original but all of which shall together constitute one and the same instrument.
- 35. Joint and Several Responsibility: All Tenants agree to be jointly and severally liable and responsible for the performance of all provisions, promises, covenants, terms and conditions of this Lease (even if Landlord accepts separate Rent payments from separate Tenants or Guarantors), and all Tenants and Guarantors further acknowledge and agree that no partial compliance with any covenant, promise, obligation, provision, term or condition of this Lease shall relieve any other Tenant or Guarantor hereto from any further, joint, several or contingent liability. For the purposes of all future paperwork (including all Move-In paperwork), Landlord may accept the signature of one Tenant on this Lease as agent for all applicants and Tenants. Failure of all Tenants or all Guarantors to execute this Lease and all other required other paperwork within ten (10) days of the initial Tenant/agent signing shall permit Landlord to declare this Lease terminated and the full amount of the Holding Deposit forfeited as liquidated damages for the Landlord’s lost Rent, without any recourse by Tenant or any Guarantor.
- 36. Communications and Notices: Tenant agrees that all notices and notifications relating to this Lease and Tenants occupancy may be made through email. All emails actually received will be promptly acknowledged by Landlord. If Tenant does not receive an acknowledgement confirming receipt of any prior email, it is Tenant’s sole obligation, responsibility and duty to follow-up with Landlord to confirm Landlord’s receipt. Tenant and Landlord agree to provide current email addresses within two (2) days of any change thereto.
- 37. Non-Liability: The Tenant acknowledges that any security measures provided by the lessor shall not be treated by the Tenant as a guarantee against crime or a reduction in the risk of crime. The Lessor shall not be liable to the Tenant, Tenant’s guests or occupants for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. The Lessor shall not be liable to the Tenant, guest or occupant for personal injury or damages or loss of personal property from fire, flood, water leaks, rain, hail, ice, snow, smoke, lightening, wind, explosions and interruption of utilities unless caused by the Lessor.
- 38. Photograph Release: You give your permission to us to use for business related purposes your name, likeness, and sound, including any photographic image, video or video stills taken of you while you are in any public spaces, grounds, offices at any Community sponsored events in the Community or otherwise, without payment or other consideration. You understand that the images and/or videos may be edited, modified, and published in various media forms and you hereby waive any rights that you may have to inspect or approve the finished product and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied. The foregoing use rights granted to Landlord shall survive the expiration or termination of this Lease.
- 39. Attorneys’ Fees: If legal action is required to enforce this Lease against you, and the court or other legal body rules in favor of us, you are liable for the costs and expenses of such action incurred by us, including our reasonable attorneys’ fees to the extent permitted by law, in addition to any amounts awarded to us in such action.
- 40. Severability: If any portion of the Lease is found to be void, unenforceable, or against public policy, the remaining portions of the Lease shall not be affected.
- 41. Rules and Regulations: You agree to comply with all Rules and Regulations attached to this Lease, as such Rules and Regulations may be amended from time to time by us (“Rules and Regulations”). These Rules and Regulations are incorporated in this Lease and are a part of the Lease just as if they were written on this page. Any reasonable alterations, additions, and modifications to such Rules and Regulations that we may make from time to time shall likewise be considered a part of this Lease with the same force and effect as though written herein
- 42. DISCLOSURES. Landlord hereby makes the following disclosures to you:
- a. No representations are made that the Apartment is or will be soundproof or that sound may not be transmitted from one apartment unit or room to another. Sound transmission between rooms, apartment units and common areas is inherent in multi-family construction and is not a construction defect. HVAC systems, plumbing and concrete, tile and hardwood surfaces may transmit noise, and such noise shall not constitute a use that interferes with or causes disruption to the use and quiet enjoyment of the Apartment.
- b. The Apartment is located in an urban environment. Sound and vibrations may be audible and felt from such things as sirens, whistles, horns, the playing of music, people speaking loudly, trash being picked up, deliveries being made, equipment being operated, dogs barking, construction activity, building and grounds maintenance being performed, automobiles, buses, trucks, ambulances, airplanes, trains and other generators of sound and vibrations typically found in an urban area. In addition to sound and vibration, there may be odors (from restaurants, food being prepared and dumpsters) and light (from signs, streetlights, other buildings, car headlights and other similar items) in urban areas and these things are part of the reality and vibrancy of urban living. While some steps have been taken to mitigate sound in the design and construction of the Apartment, the Apartment is not constructed to be totally soundproof or free from vibrations.
- c. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Additional information regarding radon and radon testing may be obtained from the local county public health unit.
- d. Landlord makes no representations or warranties, express or implied, concerning the past, current or future presence or absence of mold, mildew, fungi and microbiological organisms (collectively, “Mold”) in the Apartment, or in the vicinity of the Apartment or other portions of the Community. Landlord recommends that Tenant, at your expense conduct your own investigation and consult with such experts as you deem appropriate regarding the possibility of water penetration, accumulation of excessive moisture, and occurrence and effects of Mold, the potential sensitivity or special risk to you.

2212 Tuttle Park Place, Columbus, OH 43201