This Exclusive Right to Lease Listing Agreement (“Agreement”) is made on____ (“Date”) by and between _____ (“Landlord”) and ACL Professional Property Management, LLC, a Virginia limited liability company, doing business as Real Property Management Pros (VA DPOR License # 0226 021908); and Linton Hall Realtors, LLC, a Virginia limited liability company (VA DPOR License # 0226 007611), two separate and distinct licensed brokerage firms who shall co-market the Premises described below (Real Property Management Pros and Linton Hall Realtors are collectively referred to in this Agreement as “Broker”).
- APPOINTMENT OF BROKER. In consideration of the services provided by Broker and described in this Agreement, Landlord hereby appoints Broker as Landlord’s sole and exclusive co-listing Brokers and grants Broker the exclusive right to lease the real property described below (“Premises”).
- PREMISES.
Street Address |
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Parking Space Number(s) |
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Storage Unit Number(s) |
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- NOTICES. All notifications and amendments under this Agreement shall be in writing and shall be delivered using the contact information below.
Landlord |
Broker |
Mailing Address |
Real Property Management Pro
6518 Old Carolina Road
Haymarket, Virginia 20169 |
Email |
[email protected] |
- TERM OF AGREEMENT. This Agreement shall run for the period commencing after signature by all parties and expiring at 11:59 PM on _____________ (“Listing Period”).
Upon ratification of a lease for Premises, Landlord releases Broker from any further responsibility regarding premises and the lease, including but not limited to performance by the tenant.
- LEASE TERMS. Landlord instructs Broker to offer Premises for lease for a minimum of 12 months, but not to exceed 24 months, for a monthly rental price of $______ or such other price as later agreed upon by Landlord (Note: Broker does not guarantee that Premises will rent at the price stated herein). The Premises shall be available or occupancy on _____.
Landlord will allow smoking: No
Landlord will accept applications from tenants who qualify for the Housing Choice Voucher Program (section 8): No
Landlord will allow pets: Case by Case
If pets are allowed, then the following shall be required from the tenant: Security Deposit, plus additional $350.00 deposit and additional rent of $30 per month per pet.
Landlord agrees that Landlord and tenant shall sign a lease agreement enforceable in the Commonwealth of Virginia.
- PROVIDED FIXTURES AND EQUIPMENT.
- Personal Property and Fixtures
Landlord shall provide, as part of Premises: any built-in heating and central air conditioning equipment, plumbing and lighting fixtures, storm windows, storm doors, screens, installed wall-to wall carpeting, exhaust fans, window shades, blinds, window treatment hardware, smoke and heat detectors, TV antennas, exterior trees and shrubs. If more than one of an item shall be provided, the number of items is noted.
The items marked YES below are currently installed or offered:
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Alarm System |
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Freezer |
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Storage Shed |
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Attic Fan |
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Furnace/Humidifier |
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Stove or Range |
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Built In Microwave |
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Garage Door Opener |
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Sump Pump |
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Ceiling Fan |
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w/remote |
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Trash Compactor |
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Central Vacuum |
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Gas Log |
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Wall Oven |
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Clothes Dryer |
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Hot Tub Equip & Cover |
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Wastewater Ejector Pump |
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Clothes Washer |
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Intercom |
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Window A/C Unit |
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Cooktop |
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Playground Equipment |
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Window Fan |
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Dishwasher |
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Pool, Equip & Cover |
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Window Treatments |
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Disposer |
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Refrigerator |
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Wood Stove |
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Electric Air Filter |
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w/ice maker |
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Sprinkler System |
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Fireplace Screen/Door |
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Satellite Dish |
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Other:
- As-Is Items. Landlord will not warrant the condition or working order of the following items and/or systems:
- Repair Deductible: See Lease
- UTILITIES. (Check all that apply)
Hot Water: D Oil □ Gas □ Elec. □ Other ——- Number of Gallons ——
Hot Water Included In Rent? □ Yes OR □ No
Air Conditioning: □ Oil D Gas □ Elec. D Heat Pump. □ Other □ Zones —-
Air Conditioning Included in Rent? D Yes OR D No
Heating: D Oil □ Gas □ Elec. □ Heat Pump □ Other Heating Included In Rent? □ Yes OR □ No
□ Zones _
Water Supply: □ Public □Private Well □ Community Well Water Supply Included In Rent? □ Yes OR □ No
Sewage Disposal: □ Public O Septic Approved for Sewage Disposal Included In Rent? □ Yes OR □ No
Bedrooms
Type of Septic System: □ Community □ Conventional □ Alternative □ Experimental
- VIRGINIA RESIDENTIAL LANDLORD TENANT ACT. Landlord has ownership interest in _
residential leased properties in Virginia. Landlord’s properties □ are OR □ are not required to be covered under the Virginia Residential Landlord Tenant Act. If not required, Landlord □ wishes OR □ does not
wish leases to be administered under this Act.
- BROKER DUTIES. Broker shall perform, and Landlord hereby authorizes Broker to perform, the following duties, except those specifically designated as the sole obligations of RPMP. In performing these duties, each Broker shall exercise ordinary care, comply with all applicable laws and regulations and treat all parties honestly. Upon the execution of a lease for the Premises, the obligations of Linton Hall Realtors, LLC as a Co-Listing Broker shall be satisfied, and Linton Hall Realtors, LLC and Landlord shall be released from any further obligations to each other under this Listing Agreement.
- Broker shall protect and promote the interests of Landlord and shall provide Landlord with services consistent with the standards of practice and competence that are reasonably expected of licensees engaged in the business of real estate leasing brokerage. Landlord acknowledges that Broker is bound by the bylaws, policies and procedures, and rules and regulations governing the MLS and the Regional Rules and Regulations for the electronic lockbox system.
- Broker shall use reasonable efforts and act diligently to seek tenants for Premises at the price and terms stated herein or otherwise acceptable to Landlord and to otherwise assist in the consummation of the leasing of the Premises. However, all lease negotiations on behalf of Landlord, the Residential Rental/Lease Agreement form to be utilized, and all lease processing shall be the sole obligation of RPMP.
- Broker shall market Premises, at Broker’s discretion, including without limitation, use of Premises address, and description, interior and exterior photographs in appropriate advertising media, such as publications, mailings, brochures and internet sites; provided, however, Broker shall not be obligated to continue to market Premises after Landlord has accepted an offer. Landlord expressly agrees to allow either or both of the Co-Listing Brokers to (a) place a sign or signs on the Premises advertising that the Premises are for lease through one or both of the Co-Listing Brokers, and (b) allow other related advertising via any other media that the Co-Listing Brokers deem desirable.
- Broker shall present all completed written application offers or counteroffers to and from Landlord, in a timely manner, until such time as the Landlord “approves” such application, unless otherwise instructed by Landlord in writing. “Approved Application” is defined as Landlord’s written acceptance of the “Rental Application Evaluation” form.
- Broker shall account, in a timely manner, for all money and property received in trust by Broker, in which Landlord has or may have an interest.
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- Broker shall show Premises to prospective tenants during reasonable hours and shall accompany or accommodate, as needed, other real estate licensees, their prospective tenants, inspectors, appraisers, exterminators and other parties necessary for showiggs and inspections of Premises, to facilitate and/or consummate the rental of Premises. Broker II shall OR shall not install an electronic lockbox on Premises to allow access and showings by persons who are authorized to access Premises.
- Broker II shall OR □ shall not install “For Rent” signs on Premises, as permitted. Landlord is
responsible for clearly marking the location of underground utilities, equipment or other items that may be damaged by the placement of the sign.
- MARKETING/MLS/INTERNET ADVERTISING.
- The following shall be solely the obligations of RPMP:
- RPMP shall enter the Premises in any multiple listing service(s) (“MLS”) that RPMP deems appropriate and make a blanket unilateral offer of cooperation and compensation to other brokers.
- RPMP shall disseminate information regarding the Premises, including the entry date, listing price(s), final price and all terms, and expired or withdrawn status, by printed form and/or electronic computer service, which may include internet advertising, during and after the expiration of this Agreement.
Linton Hall Realtors, LLC, Co-Listing Broker, shall not have any of the forgoing obligations to Landlord.
Real Property Management Pros shall enter the listing information into the MLS database:
□ Within 48 hours (excluding weekends and holidays) of commencement of the Listing Period
OR □ On or before:————-
- The parties agree and understand that internet advertising includes:
- Broker’s internet website;
- The internet websites of licensed real estate salespersons or associate real estate brokers affiliated with Broker;
- Any other internet website in accordance with applicable MLS rules and regulations;
- Printed media; and/or
- Any available MLS Program(s) that enable participants to display aggregated MLS active listing information on other such participants’ and authorized users’ public websites.
- Landlord agrees and understands that Broker has provided an opportunity to Landlord to opt-out of any of the following four provisions and that Broker is thus hereby authorized by Landlord to submit and market Premises as follows.
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PART I:
Landlord authorizes Broker to submit and market Premises by and through the display on any internet websites
OR
- Landlord does, not authorize Broker to submit and market Premises by and through the display on any internet websites
If Landlord selects the second option, consumers who conduct searches for listings on the internet will not see the corresponding information about Premises in response to a search.
PART II:
II Landlord authorizes the display of Premises address on any internet website
OR
- Landlord does not authorize the display of Premises address on any internet website
If Landlord selects the second option, consumers who conduct searches for listings on the internet
will not see the corresponding information about Premises in response to a search.
PART III:
Ill Landlord authorizes the display of unedited comments or reviews of Premises (or display a hyperlink to such comments or reviews) on MLS participant’s internet websites
OR
- Landlord does not authorize the display of unedited comments or reviews of Premises (or display a hyperlink to such comments or reviews) on MLS participant’s internet websites
PART IV:
- Landlord authorizes the display of an automated estimate of the market value of Premises (or a hyperlink to such estimate) on MLS participant’s internet websites
OR
- Landlord does not authorize the display of an automated estimate of the market value of Premises (or a hyperlink to such estimate) on MLS participant’s internet websites
- During the term of this Agreement, Landlord may, by written notice to Broker, authorize Broker to enable or disable use of any feature as described in 10.C. above. Broker agrees to update the MLS database accordingly.
- TYPES OF REAL ESTATE REPRESENTATION – DISCLOSURE AND INFORMED CONSENT.
Landlord Representation occurs by virtue of this Agreement with Landlord’s contract to use Broker’s services and may also include any cooperating brokers who act on behalf of Landlord as subagent of Broker. (Note: Broker may assist a tenant or prospective tenant by performing ministerial acts that are not inconsistent with Broker’s duties as Landlord’s listing agent under this Agreement.)
Tenant Representation occurs when tenants contract to use the services of their own broker (known as a tenant representative) to act on their behalf.
Designated Representation occurs when a tenant and landlord in one transaction are represented by different sales associate(s) affiliated with the same Broker. Each of these sales associates, known as a Designated Representative, represents fully the interests of a different client in the same transaction. Designated Representatives are not Dual Representatives if each represents only the tenant or only the landlord in a specific real estate transaction. In the event of Designated Representatives, each representative shall be bound by client confidentiality requirements, set forth in the CONFIDENTIAL INFORMATION paragraph. Broker remains a Dual Representative.
If Landlord does not consent to Designated Representation, then Landlord does not allow Premises to be shown to a tenant represented by this Broker through another Designated Representative associated with the firm. Broker will notify other real estate licensees via the MLS whether Landlord consents or does not consent to Designated Representation.
□Landlord does not consent to Designated Representation OR
- Landlord consents to Designated Representation.
Dual Representation occurs when the same Broker and the same sales associate represent both the tenant and landlord in one transaction. In the event of Dual Representation, Broker shall be bound by confidentiality requirements for each client, set forth in the CONFIDENTIAL INFORMATION paragraph.
If Landlord does not consent to Dual Representation, then Landlord does not allow Premises to be shown
to a tenant represented by this Broker through the same sales associate. Broker will notify other real estate licensees via the MLS of whether Landlord consents or does not consent to Dual Representation.
- Landlord does not consent to Dual Representation OR
□ Landlord consents to Dual Representation.
Non-Agency occurs when the real estate licensee does not represent either party to the real estate transaction and acts to facilitate the transaction by assisting the parties to reach an agreement, as an independent contractor and without being an advocate for the interest of either party. In the event of non agency, the real estate licensee would not owe traditional fiduciary duties to either party, but would still owe the parties duties imposed on all licensees by the Commonwealth of Virginia.
Affiliated Companies: All parties hereto acknowledge that Real Property Management Pros and Linton Hall Realtors, LLC are affiliated or related companies, serving as Co-Listing Brokers. All parties hereto are further advised that notwithstanding that the Co-Listing Brokers are affiliated companies, each of the Co-Listing Brokers engages their own agents. Agents perform services for one of the Co-Listing Brokers or the other, but not for both. A single agent will never represent both of the Co-Listing Brokers.
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BROKER COMPENSATION.
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Payment. Landlord shall pay Real Property Management Pros, in cash, total compensation of one month’s rent (“Compensation”) if, during the term ofthis Agreement, anyone produces a tenant ready, willing and able to lease Premises. No Compensation shall be due to Linton Hall Realtors, LLC.
Compensation is also earned if, within 120 days after the expiration or termination of this Agreement, an application is accepted with a ready, willing, and able tenant to whom Premises had been shown during the term of this Agreement; provided, however, that Compensation need not be paid if the Premises is listed with another real estate company.
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Leasing Broker. Broker shall offer a portion of Compensation to the selling broker as indicated:
Sub-Agency Compensation:
—————- OR
Tenant Agency Compensation: 25% OR
Non-Agency Compensation:
Iflandlord locates and presents a qualitied application that ratifies a lease a 25% discount applies.
Note: Compensation may be shown by a percentage of the gross selling price, a definite dollar amount or “N” for no compensation.
Broker’s compensation and the sharing of compensation between brokers are not fixed, controlled, recommended or suggested by any multiple listing service or Association of REALTORS®.
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Retainer Fee. Broker acknowledges receipt of a retainer fee in the amount of zero
_ which shall OR ii shall not be subtracted from the Compensation. The retainer is non refundable and is earned when paid.
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Early Termination. In the event Landlord wishes to terminate this Agreement prior to the end of the Listing Period, without good cause, Landlord shall pay Broker zero (“Early Termination Fee”) before Broker’s execution of a written release.
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Purchase By Tenant. If the Premises are purchased by a tenant or tenants during the term of a lease or at any time after termination of a lease, Landlord agrees to pay Broker compensation of six percent (6%) of the final sales price for the Premises, payable at closing from Seller’s proceeds of sale.
- CONFIDENTIAL INFORMATION. Broker shall maintain the confidentiality of all personal and financial information and other matters identified as confidential by the client which were obtained by Broker during the brokerage relationship, unless the client consents in writing to the release of such information or as otherwise provided by law. The obligation of Broker to preserve confidential information continues after termination of the brokerage relationship. Information concerning material defects about Premises is not considered confidential information.
- AUTHORIZATION TO DISCLOSE OTHER APPLICATIONS. In response to inquiries from tenants or cooperating brokers, Broker may not disclose, without Landlord’s authorization, the existence of other written offers on Premises. If Landlord does give such authorization, Landlord acknowledges that Broker and sales associate(s) must disclose whether the offers were obtained by the listing agent, another member of the listing Broker’s firm, or by a cooperating broker.
Landlord □ does OR □ does not authorize Broker and sales associate to disclose such information to Tenants or cooperating brokers.
- COMPLIANCE WITH FAIR HOUSING LAWS. Premises shall be shown and made available without regard to race, color, religion, sex, handicap, familial status or national origin as well as all classes protected by the laws of the United States, the Commonwealth of Virginia and applicable local jurisdictions, or by the REALTOR® Code of Ethics.
- EMPLOYEE RELOCATION PROGRAM.
Landlord is participating in any type of employee relocation program: □ Yes OR □ No. If”Yes”: (a)theprogramisnamed:,Contact#_
And
(bt)hterms of the program are _
If “No” or if Landlord has failed to list a specific employee relocation program, then Broker shall have no obligation to cooperate with or compensate any undisclosed program.
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- CONDOMINIUM OR PROPERTY ASSOCIATION. In the event that there is a condominium or property owners’ association for the Premises, Landlord agrees to provide II to Broker at the
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commencement of Agreement OR to the tenant prior to lease execution copies of current rules &
regulations pertaining to Premises. This package shall be provided II at Landlord’s cost OR at the tenant’s cost. Fees in addition to regular monthly charges are:□ Pool □ Parking □ Move-In □ Tennis
□ Other: —————————
Landlord represents that Landlord It is OR □ is not current on all association dues and/or special
assessments.
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- LEAD BASED PAINT DISCLOSURE. Landlord represents that the residential dwelling(s) at Premises were OR were not constructed before 1978. If the dwelling(s) were constructed before 1978, Landlord
is subject to Federal law concerning disclosure of the possible presence lead-based paint at Premises, and Landlord acknowledges that Broker has informed Landlord of Landlord’s obligations under the law. If the dwelling(s) were constructed before 1978, unless exempt under 42 U.S.C. 4852d, Landlord has completed and provided to Broker the form, “Rental: Disclosure And Acknowledgment Of Information On Lead Based Paint And/Or Lead-Based Paint Hazards” or equivalent form.
- CURRENT LIENS. Landlord represents to Broker that the below information is true and complete to the best of Landlord’s information, knowledge and belief:
Check all that are applicable:
D A. Premises is not encumbered by any mortgage or Deed of Trust.
Ill B. Landlord is current on all payments for all loans secured by Premises.
Ill C. Landlord is not in default and has not received any notice(s) from the holder(s) of any loan secured by Premises, or from any other lien holder of any kind, regarding a default under any loan, threatened foreclosure, notice of foreclosure, or the filing of foreclosure.
Ill D. There are no liens secured against Premises for Federal, State or local income taxes; unpaid real property taxes; or unpaid condominium or homeowners’ association fees.
- E. There are no judgments against Landlord (including each owner for jointly held property). Landlord has no knowledge of any matter that might result in a judgment that may potentially affect Premises.
II F. Landlord has not filed for bankruptcy protection under United States law and is not contemplating doing so during the term of the Listing Agreement, or subsequent Lease Term.
During the term of the Listing Agreement, should any change occur with respect to answers A through F above, Landlord shall immediately notify Broker and Sales Associate/Listing Agent, in writing, of such change.
- MISCELLANEOUS PROVISIONS.
- Landlord Representations and Warranties.
Landlord is aware that Landlord may be responsible for failing to disclose information and/or misrepresenting the condition of Premises. Landlord warrants that:
- Landlord is not a party to a listing agreement with another broker for the sale, exchange or lease of Premises.
- No person or entity has the right to purchase, lease or acquire Premises, by virtue of an option, right of first refusal or otherwise.
- Landlord D is ORD is not a licensed (active/inactive) real estate agent/broker.
- Landlord D has OR D has no knowledge of the existence, removal or abandonment of any underground storage tank on Premises.
- Premises D is OR D is not currently tenant-occupied.
- Access to Premises. Landlord shall provide keys to Broker for access to Premises to facilitate Broker’s duties under this Agreement. If Premises is currently tenant-occupied, Landlord shall provide Broker with any current lease documents and contact information for current tenant, and shall use best efforts to obtain the full cooperation of the tenants, in connection with showings and inspections of Premises.
- Landlord Assumption of Risk.
- Landlord retains full responsibility for Premises, including all utilities, maintenance, physical security and liability during the term of this Agreement. Landlord is advised to take all precautions for safekeeping of valuables and to maintain appropriate property and liability
insurance through Landlord’s own insurance company.
Broker is not responsible for the security of Premises or for inspecting Premises on any periodic basis. If Premises is or becomes vacant during the Listing Period, Landlord is advised to notify Landlord’s homeowner’s insurance company and request a “Vacancy Clause” to cover Premises.
- In consideration of the use of Brokers services and facilities and of the facilities of any Multiple Listing Service, Landlord and Landlord’s heirs and assigns hereby release Broker, Broker’s designated agents, sub-agents, sales associates and employees, any Multiple Listing Service and the Directors, Officers and employees thereof, including officials of any parent Association of REALTORS®, except for malfeasance on the part of such parties, from any liability to Landlord for vandalism, theft or damage of any nature whatsoever to Premises or its contents that occurs during the Listing Period. Landlord waives any and all rights, claims and causes of actions against them and holds them harmless for any property damage or personal injury arising from the use or access to Premises by any persons during the Listing Period.
- Appropriate Professional Advice. Broker can counsel on real estate matters, but if Landlord desires legal advice, Landlord is advised to seek legal counsel. Landlord is advised further to seek appropriate professional advice concerning, but not limited to, property or tax and insurance matters.
22. ADDITIONAL TERMS: =S=ee’—‘L=i=st=in=g~Ac.=-c..dd=e=n=du=m=——————-