Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA737852
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`Filing date:
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`04/05/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`92056432
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`Party
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`Correspondence
`Address
`
`Plaintiff
`Nationwide Mutual Insurance Company
`
`JOSEPH R DREITLER
`DREITLER TRUE LLC
`19 E KOSSUTH ST
`COLUMBUS, OH 43206
`UNITED STATES
`jdreitler@ustrademarklawyer.com, mtrue@ustrademarklawyer.com, ttro-
`fino@ustrademarklawyer.com, ahilton@ustrademarklawyer.com
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
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`Date
`
`Attachments
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`Testimony For Plaintiff
`
`Mary True
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`mtrue@ustrademarklawyer.com, jdreitler@ustrademarklawyer.com,
`ahilton@ustrademarklawyer.com
`
`/Mary R True/
`
`04/05/2016
`
`24137 Depo Exh 30.PDF(1528859 bytes )
`24137 Depo Exh 31.PDF(238297 bytes )
`
`

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`Nationwide“
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`....__
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`Date of Lease Contract:1
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`Apartment Lease Contract
`Flats On Vine
`
`This is a binding document. Read carefully before signing.
`
`
`
`
`I.
`l"AR'l‘!ES. This 1.cuse Contract (sometimes referred to a ](hcreinuilcrjointly and severally referred
`to as "Residents")(t‘z’sr all people signing the Lease Conrracr).-
`and us. the owner: (name 01' apartment
`community or title hoIder(hcrcinailcr "Landlord“)): . Ynu’v_e ugreedto rem .-‘tpanmcntlxlo.-, at 191 Vin Street
`(street address) in Columhus(city). Ohio, _=§,§3__1_§_ (zip code) For use as is private residence only (hereinaticr "the Premises"). The terms "you" and
`"your" refer to all residents listed above. The terms "we," ”us," and "our" relferto the-owner listed above (or any ofowner's successors‘ in interest or
`ossigns). Written notice to or fi'om our managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract, :1
`separate hcasc Contract Guaranty for each guarantor is attached.
`
`2. OCCLIPANTS. You agree that only the persons listed below shall occupy the Promises:
`
`No person shall be releosedjiwm the covenants ofthis agreement williotttfirst‘ obl'o1'm'ng prior written. ccrtrentfinm the other Residents listed herein.
`their guarantors, andfrom Landlord. If any changes to this Lease are agreed’ upon, all parties agree to sign an addendum mcmoriolizing any
`changes before they are binding.
`
`"Resident agrees that the Premises are to be occupied for residential purposes only. The Premises shall not be used or ailowcd to be used for any
`unlawful purpose, or for any purpose deemed hazardous by Landlord. The Lundiord reserves the right of eviction for any criminal activity and :1
`criminal conviction shall not be necessary before the Landlord has legal grounds to initiate a terminal ion of tenancy and eviction.
`
`l.F.ASE TERM. The initial tom of the Lease Contract begins on ll)/IQFZQIS, and ends at l2:00 PM 1(]l3ll10l§_. This Lensc Contract will
`3.
`automatically renetvonatwo (2) month to two (2)'rnonth basis unless either party gives atlcast _§_Q_ days written notice oftcrminatlon or intent
`to move-out as required by paragraph 36. ii‘ the number of days isn't filled in, at least 60 days‘ notice is required.
`
`SECURITY DEPOSI1‘. Unless modified by addcnda, the total security deposit at the time of execution of this Lease Contract for all residents
`4.
`in the apartment is $100.00, due on or before the date this Lease Contract is signed. The Tenant agrees that the Security Deposit is not an advance
`payment of rent and does not relieve the obligation to pay rent including rent for the-last month oi‘ occupancy. The Landlord, at the expiration of the
`Lease or hold-over tenancy, may apply the security deposit to past due unpaid rent-, fees, utilities, audio: for the cost ofrcpairing dtunngc above and
`beyond normulwear and tear to the Premises caused by "Residents or their guests or those under their control. Additionally, abandonment or vacating
`the Premises prior to the expiration ofthc lease term shall result in Landlord deducting from the deposit damages that we have incurred. Each of the
`foregoing Residents shall be jointly and scvcraiiy responsible for all damages incurred by Landlord including but not limited to negligence.
`
`5. KEYS AN!) I-‘L.'RN'l'l‘LiRE. You wiil be provided __,;___apuru-ncnt kcy(s), ___2__mai]i:ox kc-y(s), and _l__ other access devices for buiidipg acccg.
`Your apartment will be [check one]: D l'urnisl1c_d or El unfurnished.
`
`6. RENT AND CHARGES. Unless modified by addcnda, you will pay $1429.00 per month for rent, payable in advance and without demand: E
`at the on-site manager's office, or
`at our onlinc payment site hrtpJ'lxvxvw.flatsonvinc.comf, or E at the rent drop box located at the community.
`Prorated rent of $738.00 is due for the remainder of the {check one]: E is! month or 1:] 2nd month. on.
`1011612015
`Otherwise,
`you
`must pay your rent on or before the is: day of each month (due date) with no grace. period. Cash is unacceptable without our prior written
`permission. You must not withhold or offset rent. We may. at our option, require at any time that you pay all rent and other sums in cash, certified
`or cashier's check, money order, or one monthly cheek rather than multiple checks.
`If you don't" pay all rent on or before the gig; day
`ol’
`the
`month. you'll pay it lute charge oE'$j§Q_t_)_ which will be charged on the third day of the month regardless at weekends or holidays. You'li also
`pay it charge of $fiifl|_ for each returned check or rejected electronic payment. Rent paid alter the seventh (7th) day ofthc calendar month must be
`paid by cashiers check or money order. Partial payments of rem shall not be accepted. All funds received shaii be applied to: Disbonorcd check
`charges; Fate charges; dun-tnge charges; utility charges; delinquent rent; current rent, in that order. You are responsible for identifying the Premises
`For which your payment is to be applied.
`
`Residents agree that acceptance or refuse! by us of rent payments after the due date shall in no manner constitute a waiver of our rights or future
`rights in the event that you subsequently foil to make payments as agreed, nor shall such deviation be considered a change in the date when rent
`payments are otherwise due under this agreement. Failure to demand are nt when due shall not constitute a waiver by us. By signing this agreement.
`
`cg‘
`
`
`
`5
`go
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`3 E
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`DEPOSITION
`HIBIT
`__d__
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`HIGHLY CONFIDENTIAL/TRADE SECRET
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`N6522
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`you knowingly and voluntarily waive your right to assert waiver as an allirmalivc defense in any subsequent forcible entry and detaincr action.
`
`We agree to notify you in writing at least thirty (30) days prior to the expiration ofthis lease agreement of any increase in rent charged for occupturcy
`ofthc Premises or ofany other term or condition that would alter the renewal (‘lflhis as?"-emenb
`
`You acknowledge that we are an Ohio legal entity and that we must be represented by counsel in eviction procedures. Equity situations shall not be
`considered unlcfi you reimburse us for all rent, late fees, charges, fees. costs, attorney's fees. and expenses we incur as a result of your breach.
`(Eviction settlement fee is $350.09). We reserve the exclusive right to refuse any and all late payments. Attorney's fees are rccoverablc where
`allowed by law in the event that you breach any of the terms of this lease.
`
`Resident agrees to pay a one (1) [into lease'at1minislt'atiot't fee at the time ofmove-in in the arnountol‘S2t‘ltl.(Il].
`
`7.
`
`Ll"l‘lL]‘l‘lES. We'll pay for the following items, it‘checked:
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`|'_'] water
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`CI wnstewater
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`El ens
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`E trash
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`Cl electricity
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`Cl cable TV
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`CI master antenna
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`Cl Olhfiri ._...._.____
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`You'll pay for all other utilities, related deposits. and any charges, fees, or services on such utilities. You must not allow utilities to be disconnLctcd-
`~includlng disconnection for not paying your bills--until the lease term or renewal period ends. Cable channels that are provided may be changed
`during the lease term if the change applies to all residents. Utilities may be used only for normal household purposes and must not be wasted.
`if
`your electricity is ever interrupted, you must use only battery-operated lighting.
`If‘ any utilities are submetercd for the apartment, or prorated by an
`allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules or city ordinance. Failure to pay utilities
`when due. failure to place utilities in your name, or disconnection of utilities shall be considered a. material violation of lease which will subject you
`to eviction.
`
`INSURANCE. We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any resident, guest,
`3.
`or occupant for damage or loss of personal property or personal injury from (including but not limited to} fire. smoke, rain, flood, water and pipe
`leaks, bail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, thefi, hurricane, negligence of other residents, occupants, or
`invitcdlunirtvited guests or vandalism unless otherwise required by law.
`
`We require you to get your own insurance for losses to your pcrsonalpropcrly or iniurics due to theft, fire, water damage, pipe [cults and the
`like.
`
`Additionally, you are [check one] IXI required to purchase personal liability insurance E] not required to purchase personal liability insurance. if no
`box is checked, personal liability insurance is not required. Efrcqujred, failure to maintain personal liability insurance is an incurable breach of this
`Lem: Contract and may result in the termination of tenancy and eviction andlor my other remedies as provided by this Lease Contract or state law.
`You agree to provide us with n certificate of insurance prior to occupying the Premises which evidences your compliance with this section and which
`indicates that your insurance carrier will provide us with notice of cancellation ofyour insurance policy within 10 days thereof.
`
`You acknowledge that no portion of the rent paid by you under-this agreement will be applied to the owner's structural lire insurance and that you are
`in no way a co-insured under any such policy.
`if you or any member of your household, guest or invitee causes damages to the premises in an
`amount that is-less than the amount of‘ the deductible under this insurance policy. you agree to indemnify and reimburse the Owner Tor the amount of
`such darnages, and that you n1ay be liable for costs in excess of the deductible under any subrogalion clause ofthe said policy.
`It is recommended
`that you secure insurance to protect your interest in the event nfsueh 8 loss.
`
`9. LOCKS AND LATCHES. Keyed lock(s)-will be rclccyccl after the prior resident moves out. The rekcying will be done either before you move
`in or. if the apartment has a keylcss deadbolt on each exterior door, within ll) days alter you move in.
`
`There will be a cost ol‘$55.I'.l0 if‘ we are required to re—key the Premises for any reason. and an additional cost of§55.I)tl for any key fob which is lost
`or stolen.
`ln addition, there will be a charge in the amount of .§5t|.i}B any time that you are locked out of the Premises aflcr olllce hours or after the
`third occurrence and require our assistance for re-entry.
`
`Payment for Rckeying, Repairs. Etc. You must pay for all repairs or replacements a.rising't‘rom misuse or damage to devices by you or your
`family. occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within it reasonable time alter your
`request that you are more than 30 days delinquent in reimbursing us for repairing or replacing a device which was misused or damaged by you, your
`guest or an occupant; or ii‘you have requested that we repair, install, change or rekcy the same device during the 30 days preceding, your request and
`we have complied with your request.
`
`Document Number: 90516
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`Version: 2
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`HIGHLY coN:FIDEN‘1*irltr;}ri2J$.lf3E SECRET
`
`NW6523
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`

`
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`10.
`SPECIAL PROVISIONS. The following special provisions and any addcnda or written rules furnished to you at or before signing will
`become a part ofthis Lease Contract and will supersede any conflicting provisions of this printed lease forrn:
`
`ll. EARLY r‘dOVE~0UT. You must provide 60 days‘ notice of your intention to vacate your apartment home prior to the expiration oi‘ theicase
`tenn and in the event that you vacate your apartment home prior to the expiration of the lease term. you will be charged for our damages necessitated
`by your earlier ten-nination in addition to rent through the entire unexpired balance of the lease [can or until the premises are re~rented, whichever JS
`earlier.
`In the eltcmntive, if requested by you at the time the 60 day notice is given hereunder, we will enter into a separate Buy Out Agreement
`under which you will agree to pay a Buy Out Amount equal to the sum oflwo months rent plus all concessions received through the date ofyour 60-
`-days notice to vacate. The Buy Out Amount must be paid prior to vacating your apartment home otherwise, this Lease will be considered abandoned
`and attempts to collect for the remainder of the term will be made. Please note, execution oi‘ the Buy Out Agreement and payment of the Buy
`Out Amount does not relieve you of your obligation to pay rent (including rent for the 60-day period), utilities and any other amounts for the
`periods prior to your early lease termination date.
`
`12. REIMBURSEMENT. You must promptly reimburse us for loss, damage, govemruent lines, or cost of repairs or service in the apartment
`community due to a violation of the Lease Contract or rules, improper use, or negligence by you or your guests or occupants. Unless the damage or
`wastewater stoppage is due to our negligence, we're not liable for-and you must pay i‘or—repairs, replacement costs, and damage to the following ii‘
`occurring during the lease term or renewal period: (1) damage to doors, windows, or screens; (2) damage from windows or doors lelt open; and (3)
`dantagefrorn wastcwuter stoppages caused by improper objects in lines exclusively serving your apartment. We may require payment at any time,
`including advance payment of repairs for which you're liable. Delay in demanding sums you owe is not a waiver.
`
`I3. PROPERTY LEFT IN APARTMENT.
`
`Removal After Surrender, Abandonment, or Eviction. We or law officers may remove all property remaining in the apartment or in common
`areas (including any vehicles you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apartment
`(see definitions in paragraph 41).
`
`Storage. We may store, but have no duty to store, properly removed ui’tcr judicial eviction, surrender, or abandonment oftho apartment. We're not
`liable for casualty, loss, damage, or theft.
`
`I4. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent increases or Lease Contract changes are allowed before the initial
`Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10, by a written addendum or amendment signed by
`you and us. or by reasonable changes of apartment rules allowed under paragraph I7. Unless, at least 30 days before the advance notice deadline
`referred to in paragraph 3, we give you written notice oi‘rent increases or lease changes efiizctive when the lease term or renewal pcriodcncis, this
`Lease Contract will automatically
`continue on a two (2) month to two (2) month basis. Rent during the two (2) month to two (2) month tenancy
`shall be ata rate oi'125% of the highest rate charged during this lease term unless otherwise agreed to in writing by all parties. In addition, there will
`be a month to month fee of 20% ofthe cost of‘ the rent payable each month during the two (2) month to two (2) month tenancy. The new modified
`120350 Contract will begin on the date stated in the notice (without necessity of your signature) unless
`you give us written move-our notice under-
`paragraph 36.
`
`ll‘ occupancy is or will be delayed for construction, repairs, cleaning, or a previous resident's holding over, we're
`I5. DELAY OF OCCUPANCY.
`not responsible for the delay. The Lease Contract will remain in force subject to: (I) abatement: of‘ rent on a daily basis during delay; and (2) your
`right to terminate as set forth below. Termination notice must be in writing. Alter termination, you are entitled only to refund ofdcpositts) and any
`rant paid. Rent abatement or lease termination does not apply ifdciay is for cleaning or repairs that don't prevent you from occupying the apartment.
`
`If there is a delay and we haven't given notice ofdelay as set forth immediately below, you may terminate up to the date when the apartment is ready
`For occupancy, but not later.
`If.‘ we give written notice to any of you prior to the initial term as set forth in Paragraph 3--and the notice states that
`occupancy has been delayed because of construction or a previous resident's holding over, and that the aparunmt will be feady on 3 specific d3|_g._
`you may terminate the Lease Contact within 3 days ofyour receiving the notice, but not later.
`
`I6. DISCLOSURE RIGHTS.
`purposes. we may provide it.
`
`If someone requests inforrnation on you or your rental history for law-enforcement, governmental, or business
`
`
`17. COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written apartment mics and community
`policies, including instructions for care of our property. Our rules are considered part of this Lease Contract. We may make reasonable changes to
`written rules, effective 30 doys from the date that we notify you of said changes, if they are distributed and applicable to all units in the apartment
`community and do not change dollar amounts on page l ofthis Lease Contract. By signing this agreement you acknowledge that the apanmcnt rules
`and community policies are enforceable as if contained herein.
`
`Document Number; 90516
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`Version: 2
`
`HIGHLY CONFIDENTIAL/TRADE SECRET
`
`NW6524
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`

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`,r
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`I8. LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean. Trash must be disposed of
`at least weekly in appropriate receptacles in accordance with local ordinances. Passageways may be used only for enuy or exit. Any swimming
`pools, saunas. spas, tanning beds, exercise rooms, storefooms, laundry rooms, and similar areas must he used with core in accordance with apallmenl
`rules and posted signs. Glass containers are prohibited in all common areas. You, your occupants, or guests may not anywhere in the apartment
`community: use candles or use kerosene lamps or kerosene hooters will-rout our prior written approval; cook on balconies or outside; or solicit
`business or contributions. Conducting any kind. of business (including child care services) in your apartment or in the apartment community is
`prohibited-except that any lawful business conducted "at home" by computer, mail. or telephone is permissible it‘ customers, clients, patients. or other
`business associates do not come to your apartment for business purposes. We may regulate: (1) the use oi‘ patios, balconies, and porches; (2) the
`conduct of furniture movers and delivery persons; and (3) recreational activities in common areas. You'll be liable to us for damage caused by you or
`any guests or occupants.
`
`We may exclude fmrn the apartment community guests or others who, in our judgment, have been violating the law, violating this Lease Contract or
`any apartment nrles, or disturbing other residents, neighbors, visitors. or owner representatives. We may also exclude from any outside ‘area or
`common area a person who retirees to show photo identification or refirses to identify himself or herself as a resident, occupant, or guest of a specific
`resident in the community.
`
`You agree to notify us if you or any occupants are convicted of any Felony, or misdemeanor involving a controlled substance, violence to another
`person or destruction oi‘ property. You also agree to notify as it‘ you or any occupant registers as a sex offender in any state.
`informing us of
`criminal convictions or sex offender registry does not waive our right to evietyou.
`
`19. PROHIBITED CONDUCT. You and your occupants or guests may not engage in the lbllowing activities: behaving in as loud or obnoxious
`manner; disturbing or thicatening the rights, comfort. health, safety. or convenience of others (including our agents and employees) in or near the
`apartment community; disrupting our business operations: manufacturing, delivering, possessing with intent to deliver, or otherwise possessing [1
`controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm
`in the tltpttrlrnent community; displaying or possessing a gun, knife, or other weapon in the common area in a Way that may alarm others‘, storing
`anytlring in closets having gas appliances;
`tampering with utilities or telecommunications; bringing, hazardous materials into the apartment
`community; or injuring our reputation by making bad faith allegations against us to others.
`
`20. PARKING. We may regulate the time, manner, and place of parking cars, trucks, motorcycles. bicycles, heats, u-ailets, and recreational vehicles
`113' anyone. We may have unauthorized or illegally parked vehicles towed under an appropriate statute. A vehicle is unauthorized or illegally parked
`in the apartment community ifit:
`
`(1) has 11 flat tire or other condition rendering it inoperable; or
`(2) is onjaelts, blocks or has wheei(sl missing; or
`(3) has no current license or no current inspection sticker; or
`(4) takes up more than one parking space; or
`(5) belongs to :1 resident or occupant who has surrendered or ahandonecl the apartment; or
`(6) is parkfid in it marked handicap space without the legally required handicap insignia; or
`(7) is parked in a space marked for manager, staff’, or guest at the oflice; or
`(8) btoeks another vehicle from exiting; or
`(9) is parked in a fire lane or designated "no parking" area; or
`(1 D) is parked in a space marked for other resident(s) or unit(s); or
`(J 1} is parked on the grass, sidewalk, or patio; or
`(12) blocks garbage trucks from access to a dumpster.
`
`21. RELEASE OF RESIDENT. Unless you're entitled to terminate this Lease Contract under paragraphs 10, I5. 22. or 36, you won't be released
`from this Lease Contract for any reason-including but not limited to voluntary or involuntary school witlrdratval or transfer, voluntary or involuntary
`job transfer, marriage, separation, divorce, reconciliation, loss ol‘co-residents, loss of employment, bad health, or death.
`
`22. MILITARY PERSONNEL CLAUSE. You may terminate the Lease Contract in accordance with the provisions of the Service Members Civil
`Relief/tot. You also may terminate the Lease Contract if’:
`
`(1) you are (i) a member of the (LS. Armed Forces or reserves on active duty or (ii) a member of the National Guard called to active duty
`for more than 30 days in response to a national emergency declared by the President; and
`
`(2) you (i) receive orders for permanent change-oi‘-station, (ii) receive orders to deploy with a military unit or as an individual in support or
`amilitary operation for 90 days or more, or (iii) are relieved or released from active duty.
`
`After you deliver to us your written tennination notice, the Lease Contract will be temrinated under this military clause 30 days after the date on
`which your next rental payment is due. You must Furnish us a copy of your military orders, such as permanent change-ofistatiou orders, call-up
`orders, or deployment orders or written notification from your commanding omeer. Military permission for base housing does not constitute change-
`ot‘-station order. After you move out, wt-.‘ll return your security deposit, less lawful deductions. For the purposes of this Lease Contract, orders
`Document Number: 90516
`Version: 2
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`HIGHLY coNF1bE1§iri};i:tri2ADE SECRET
`
`NW6525
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`

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`described in (2) above will only release the resident who qualifies under {I} and (2) above and receives the orders during the Lease Contract term and
`such residents spouse or legal dependents living in the resit:lcnt‘s household. A co-resident who is not your spouse or dependent cannot lenmnalc
`under this military clause. Unless you state otherwise in paragraph 10, you represent when signmg this Lease Contract that: (1) you do not already
`hava deployment or change-of’-station orders; (2) you will not be rctiring from the military during the Lease Contract tor-in; and (3) the term ofyot-tr
`enlistment or obligation will not end before the Lease Conlmol term ends. Even if you are entitled to temunate this Lease Contract under this
`parag;-aph, liquidated damages for making a false representation ot"-tho above ‘will he the amount of unpaid rent. for the remainder of the lease term
`when and if you move out. less rents from others received in mitigation under paragraph 31. You must immediately notify us if you are called to
`aetlve duty or receive deployment or perrnanent change-o fl-station orders.
`
`23. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and guests must. exercise due care for your own and others’ safety and
`security, especially in the use of smoke detectors, keyed deadbolt locks. keyless bolting devices, window latches, and other safety or security devices.
`You agree to make every effort to follow the Security Guidelines below.
`
`Smoke Detectors. We'll furnish smoke detectors as required by statute, and we'll test them and provide working batteries whcn you first take
`possession. Alter that, you must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing
`batteries at your expense, without prior notice to you. You must immediately report smoke-detector malfunctions to us. Neither you nor others may
`disable smoke detectors. Ifyou disable or damage the smoke detector, or fail to replace a dead battery or report malfunctions to us, you will be liable
`to us and others for any loss, damage, or fines from fire, smoke or water.
`
`Casualty Loss. We're not liable to any resident, guest, or occupant for personal injury or damage or loss. of‘ personal property from any cause.
`including but not limited to: fire, strlolre, rain, flood, water and pipe leaks. hail, ice, snow. lightning, wind, explosions, carfltqualte, intenruption of‘
`utilities, theft, hurricane, negligence of other residents. occupants. or invitedluninvited guests or vandalism unless othenvise required by law. Unless
`we instruct otherwise, you must--for 24 hours a day during freezing weather--(1) keep the apartment heated to at least 50 degrees; (2) keep cabinet
`and closet doors open; and (3) drip hot and cold water faucets. You'll be liable for damage to our and others‘ property if damage is caused by broken
`water pipes due to your violating ‘these requirements.
`
`Crime or Emergency. Dial 911 or immediately call local medical emergency, Hire, or police personnel in case of accident, fire, smoke, or suspected
`criminal activity or other emergency involving imminent harm. You should-then contact our representative. You won't treat any of our security
`measures as an express or implied warranty of security, or as a guarantee against crime or of reduced risk oi‘ crime. Unless otherwise provided by
`law, we're not liable to you or any guests or occupants for injury, damage, or loss to person or property caused by criminal conduct of other persons,
`including litcfi, burglary. assault. vandalism, or other crimes. We're not obligated to furnish security personnel, security lighting, security gates or
`fences, or other lbrms of security unless required by statute. We're not responsible for obtaining criminal-history checks on any residents, occupants,
`guests, or contractors in the apartment community. if you or any occupant or guest is affected by a crime, you must make a written report to our
`l"5F|'l'¢5€"ll1llV9 and '30 the fll1P1'0P1’l°le 10%} law-enforcement agency-. You must also furnish us with the law-enforcement agency's Incident report
`number upon request.
`
`24. CDNDlTl0N OF THE PREMISES AND ALTERATIONS. You accept the apanmcnt, fixtures and furniture as is, except for conditions
`materially affecting the health or safety of ordinary persons. We disclaim all implied warranties. You'll be given an Inventory and Condition form
`on or before move-in. You must note on the form all defects or damage and return it to our representative. Otherwise. everything will be considered
`to be in a clean, safe, and good working condition.
`
`You must use customary diligence in maintaining the apartment and not damaging or littering the common areas. Unless authorized by statute or by
`“S 5" Writing» Y0“ 3105‘ Wt l1°l'r°l‘1'fl Tm)‘ NP?-ifs. Pfllhtlng. Wflllpflpbrlflg. carpeting, electrical changes, or othcnvise alter our property. No holes or
`stickers are allowed Inside or outside the apartment. But we'll permit a reasonable number ofsmall nail holes for hanging pictures on xhcotrock walls
`and in grooves of wood-paneled walls. unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets,
`alarm systems, or loci: changes, additions, or rekeying is permitted unless statutorily allowed or we've consented in writing. You may install a
`satellite dish or antenna pmvided you sign our satellite dish or antenna lensc addendum which complies with reasonable restrictions allowed by
`federal law. You ugree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture-, telephone and cable TV
`wiring, scrccns, locks, and security devices. When you move in, we'll supply light bulbs for fixtures we fitmish, including exterior fixtures operatecl
`from inside -the apartment; afier that. you'll replace them at your expense with bulbs of‘ the same type and wattage. Your improvements to the
`apartment (whether or not we consent) become ours unless we agrco otherwise in writing.
`
`IF YOU OR ANY OCCUPAN1‘ NEEDS TO SEND A NOTECE OR REQUEST--FOR
`25. REQUESTS, REPAIRS. AND MALFUNCTIGNS.
`EXAMPLE. FOR REPAIRS, INSTALLATIONS, SERVICES, OR SECURITY-RELATED MATTERS--l‘l' MUST BE SIGNED AND IN
`WRITING TO OUR DESIGNATED REPRESENTATIVE (except in case of tire, smoke, gas, explosion, overflowing sewage, uncontrollable
`running water, electrical shorts, or crime in progress). Our written notes on your oral request do not constitute a written request from you.
`
`Our complying with or responding to any oral request regarding security or non-security matters doesn't waive the strict requirement for written
`notices under this Lease Contract. You must promptly notify us in writing of: water leaks: electrical problems: malfunctioning lights-, broken or
`misslng looks or latches; and other conditions that pose a hazard to property, health, or safety. We may change or install utility lines or equipment
`
`Document Number: 90516
`
`Version: 2
`
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`'”Ii1'iE3'14:I;i7 ‘c5oiv"i=iDiaNTIAL/TRADE SECRET
`NW6526
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`sawing [I13 gpgyunent if the work is done reasonably without substantially increasing your utility costs. We may turn oil‘ equipment and interrupt
`utilities as needed to avoid property damage or to perform work. If utilities malfunction ‘or are damaged by fire, water, or similar cause, you must
`notily our representative immediately. Air conditioning problems are not emergencies. If air conditioning or other equipment malfirnctions, you
`must notify our representative as soon :15 possible on a business day. Wc‘il ac! with'cusioma1'y diligence to make repairs and reconneetions. Rem
`will not afrate in wfrolc or inpart.
`
`If we believe that fire or catastrophic damage is substantial, or that performance ofnccdecl repairs poses a danger to you, we may terminate this Lease
`Contract within a reasonable time by giving you written notice. lfthe Lease Contract is so terminated, we'll refund prorated rent and all deposits, less
`lawful deductions.
`
`26. ANIMALS. No animals (including mammals. rcptilcs, birds, fish, rodents and insects) are allowed, even temporarily. anywhere in the apartment
`or apartment community unless we've so authorized in writing.
`If we allow an animal. you must sign a separate animal addendum, which may
`require additional deposits, rents, fees or other charges. You must remove ‘an illegal animal within 2.4 hours of notice from us, or you will be
`considered in default of this Lease Contract. We will authorize a support animal ['or a disabled (handicapped) person. We may require a written
`statement from a qualified professional verifying the need for the support animal. You must not feed stray or wild animals.
`‘
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`If you or any guest or occupant violates animal restrictions (with or without your knowledge), you'll be subject to charg