15127 Simonds Rd NE, Kenmore, WA 98028

15127 Simonds Rd NE, Kenmore, WA 98028

David    ☎ 425.753.0568

No Smokers Clause

As of 09/04/2017

For purposes of this Lease "Smoking" is defined broadly and means:

Tenant affirms that Tenant does not practice the act of Smoking. Tenant covenants that Tenant shall not practice the act of Smoking for the duration of this lease. Tenant shall inform Tenant's guest(s), visitor(s), and/or invitee(s) of this Section and Tenant shall not allow the practice of Smoking by Tenant's guest(s), visitor(s), and/or invitee(s) on the Leased Premises. Any failure to comply with this Section by Tenant or any guest(s), visitor(s), and/or invitee(s) of Tenant shall be deemed a material breach of the Lease. The measure of damages from first-hand, second-hand, or third-hand smoke exposure, to person or property, is difficult if not impossible to determine. Accordingly, Landlord and Tenant agree that Tenant shall pay three hundred fifty Dollars ($350.00 ) as liquidated damages, and not as a penalty, in the event of a breach of this section. Landlord cannot and does not guarantee, warranty or promise Tenant a smoke free environment; however, Landlord will take reasonable steps to enforce this Section. Landlord is not required to take steps in response to Smoking unless Landlord has actual knowledge of the Smoking and the identity of the responsible Tenant. This No Smokers section shall be for the benefit of Landlord, Tenant, and all concurrent tenants of the Leased Premises. Tenant agrees that the other tenants on the Leased Premises are third-party beneficiaries of this No Smokers section and, accordingly, a tenant has the right to sue another tenant for an injunction to prohibit smoking or for damages. Any exercise of third party rights shall not create a presumption that the Landlord breached this Section.

Have you ever practiced the act of Smoking? ____________________________________________________________.

If yes, please state approximately how long ago you practiced the act of Smoking: _______________________________.