laws of the state of Utah and to apply any proceeds of sale in payment
of said delinquent rental charges and costs.
7. Tenant shall be entitled upon termination of this agreement and
the tenancy herein provided to a refund of the cleaning, damage and
security deposit, provided the Tenant shall not be in default of any
obligation of payment or performance hereunder, that the premises
are left in a clean condition and that no portion of the premises or any
other property of the Landlord has been damaged by the Tenant,
otherwise Landlord shall be entitled to retain said deposit or such
portion thereof as may be necessary to satisfy any paid or
unperformed obligations of Tenant hereunder, to clean the premises
or to repair and restore any such damage and, in the event said
deposit shall prove insufficient for such purpose, to bring any action
against the Tenant for any balance due.
8. If Tenant shall default in the payment of the rent or any other
amount due under this agreement, or any part thereof and such
default shall continue for a period of five (5) days from the due date of
said payment or fails to remedy any other default under this
agreement five (5) days after the Landlord has demanded that said
default be remedied, or if the Tenant either vacates or abandons the
property, then the Landlord, may at its option, terminate the lease,
without notice, and may immediately, or at any time thereafter reenter
and take possession of the unit, either with or without legal
process, the notice of intention to re-enter being waived by the
Tenant, and the Landlord may remove all goods and possessions
therein kept and stored by the Tenant.
9. Tenant warrants that all goods and personal property to be
placed by Tenant in the unit hereby rented by Tenant, shall be
Tenant’s own property and shall be subject to levy and sale by the
Landlord unless so listed by Tenant on all copies of this agreement. In
the event that the provisions of paragraph 8 of this agreement are
invoked, Tenant agrees to hold Landlord harmless and indemnify
Landlord in the event that Landlord takes possession of and/or sells
property in the unit which belongs to a party other than Tenant and
not so indicated on all copies.
10. Upon expiration of the term of this lease the Tenant continues
in possession with the consent of the Landlord, such continued
possession, unless otherwise agreed in writing, shall constitute a
tenancy from month to month only, and all provisions of this
agreement not inconsistent with a tenancy from month to month shall
remain in full force and effect, and Tenant shall pay as monthly rental,
the then reasonable value of the use and occupation of the unit which
in no event shall be less than the rent to have been paid for the last
month under this agreement. Any said month to month tenancy may
be terminated by either party by the giving of at least fifteen (15) days
of notice to the other party of the intention to terminate said tenancy.
11. In the event that the Tenant shall default in the performance of
the conditions and covenants to be performed by the Tenant under
this agreement, then and in that event, said Tenant shall make
payment of all costs and expenses, including reasonable attorney fees
incurred by the Landlord in enforcing the terms of this agreement or
pursing any other remedy available under the laws of the state of
12. The covenants herein shall extend to and be binding upon the
parties hereto, their heirs executors and assigns.
13. All remedies hereinbefore given and all rights and remedies now
in existence of hereinafter given to Landlord by law or equity shall be
cumulative and concurrent.