In accordance with Florida Statute Section 83.49(3): Upon the vacating of the premises for termination of the Agreement, if the Provider does not intend to impose a claim on the security deposit, the Provider shall have 15 days to return the security deposit together with interest if otherwise required, or the Provider shall have 30 days to give the Client written notice by certified mail to the Client's last known mailing address of its intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages. It is sent to you as required by s.83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or we will be authorized to deduct our claim from your security deposit. Client's objection must be sent to (Provider's address). If the Provider fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the Client objects to the imposition of the Provider's claim or the amount thereof within 15 days after receipt of the Provider's notice of intention to impose a claim, the Provider may then deduct the amount of his or her claim and shall remit the balance of the deposit to the Client within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other Provider-Client relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s.475.25(1)(d).

DEFAULT. The occurrence of any of the following shall constitute an event of default ("default" or "event of default") hereunder:

• Failure of Client to pay any sums required to be paid by Client under this Agreement when due.
• Failure of Client to comply with or perform any other term, agreement, covenant, or condition of this Agreement within the time-period set forth for such performance, or Client's material
  misrepresentation of a covenant or representation given under, pursuant to, or in connection with this Agreement.
• If Client fails more than twice within any twelve (12) month period to observe or perform any covenant, condition, or agreement contained herein (including, without limitation, the payment of any sums due), regardless of whether such defaults shall have been cured by Client, then the third of such defaults shall, at the election of Provider, in its sole and absolute discretion, be deemed a non-curable event of default.
  If Provider determines that the Client is in default of this Agreement, other than a failure to pay rent, Provider shall provide Client with a notice of default, and Client shall have a limited number of days to cure the default unless otherwise excepted: for activities in contravention of this Agreement (including but not limited to having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary), the Client shall have seven (7) days to cure. If Client fails to cure the default within the required time frame, Provider may immediately terminate this Agreement and Client shall immediately vacate the Premises and shall return the keys to Provider. However, if Client’s default is of a nature that Client should not be given an opportunity to cure the default (including but not limited to destruction, damage, or misuse of Provider's or other clients' property by intentional act or a subsequent or continued unreasonable disturbance), Provider may deliver a written notice to Client specifying the default and Provider's intent to terminate this Agreement immediately. In such event, Provider may terminate this Agreement, and Client shall have seven (7) days from the date that the notice is delivered to vacate the premises. In addition, if this Agreement is terminated pursuant to this paragraph, no Monthly Fee Use is refundable to Client.

Should the Client default, the Provider shall have, in addition to all the rights and remedies granted under the laws of the State of Florida and not as a limitation thereof, any or all of the following rights:

• To re-enter and remove all persons and property from the Premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Client.
• Elect to declare the entire Agreement Term balance immediately due and payable.
• To terminate the Agreement and relet the Premises for account of the Provider or within the sole discretion of Provider the Premises may be relet for the account of the Client.
• Cumulative Rights. All rights and remedies granted to Provider hereunder shall be cumulative and may be exercised concurrently or successively. Failure to exercise any right or remedy shall not constitute a waiver thereof, nor prevent any subsequent or concurrent resort to any right or remedy.
• All Provider’s remedies shall survive the Expiration Date or earlier termination of this Agreement.
• Client will provide a forwarding address for the return of their security deposit.
• Client will provide proof of mail forwarding from the USPS.

ATTORNEYS' FEES. Upon default by Client under this Agreement, Client shall pay all attorney's fees and costs of Provider in connection with said default prior to and including any litigation. In connection with any litigation proceedings arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs at all levels of litigation. This provision shall survive expiration or termination of this Lease.

INTERRUPTION OF SERVICE. Provider does not warrant that any of the services referred to
above, or any other service, including but not limited to Standard Office Services, telecommunications services, and/or utilities services, will be free from interruption, and Client acknowledges that any one or more such services may be suspended by reason of accident, repairs, inspections, alterations, or improvements necessary to be made, strikes, lockouts, operation of law, or any other causes beyond the control of Provider. Provider shall not be liable in damages, any claim for business interruption, consequential damage, or otherwise, for any failure or interruption of any service being furnished by Provider or others to the Building or Premises. No failure or interruption shall entitle Client to terminate this Agreement, nor shall it be deemed an eviction or disturbance of Client’s use and possession of the Premises or any part of the Building, nor shall it abate Monthly Use Fees or relieve Client from performance of Client’s obligations under this Agreement.

PETS NOT ALLOWED. Pets are not allowed on the Premises at any time during the term of this Agreement except for those legally allowed under State law for individuals with disabilities.

LARGE ARTICLES. Furniture, freight, and other large or heavy articles may be brought into the Premises only at times and in the manner designated by Provider, and always at Client's sole cost, risk, and responsibility. All damage done to the Building or Premises by moving or maintaining such furniture, freight, or articles shall be repaired by the Provider at the expense of Client.

SIGNS. A standard design of signage has been adopted for the interior of the Building and Client agrees not to place or permit any identification or other signage in the common areas of which do not conform to the standard design. No exterior signage will be permitted. No individual or business may advertise or have identifying signs or notices that are inscribed, painted, or affixed to any part of the Premises without the express written consent of the Provider.

INDEMNIFICATION. Provider shall not be liable to Client and Client shall hold Provider harmless and indemnify Provider from:

• any loss or damage Client suffers in connection with this Agreement arising out of mistakes, omissions, interruptions, delays, acts of God, errors, or defects, in any transmission occurring in the course of furnishing telecommunications services, goods, or equipment, and Client hereby agrees in no event shall Provider be liable to Client for loss of business, loss of profits, or any consequential loss related to this Agreement.
• against any and all claims, actions, damages, liability and expense (including, without limitation, reasonable attorney's fees and costs of litigation, including appeal) in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises, common areas, the Building or any part thereof, or the occupancy or use by Client, or occasioned wholly or in part by any act or omission of Client, its agents, vendors, contractors, employees, servants, lessees, concessionaires, invitees, and/or anyone for whom the Client is at law responsible, or any breach by Client of the terms and conditions of this Agreement. In case Provider shall, without fault on its part, be made a party to any litigation commenced by or against Client, then Client shall protect and hold Provider harmless and shall pay all costs, expenses and reasonable attorney's fees and costs incurred or paid by Provider in connection with such litigation.
• Except for Provider's gross negligence, Provider shall not be liable for injury or damage which may be sustained by the person, goods, wares, merchandise or property of Client, its employees, invitees or customers or any other person in or about the Premises caused or resulting from any reason, including, but not limited to fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources. In addition, Provider shall not be liable for any damages arising from any act or neglect of any other client at the Building.

NOTICES. If not specifically addressed otherwise in this Agreement, any notice required or permitted under this Agreement or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Provider: Five Diamonds Property Management, Inc., 1250 Tamiami Trl N, Ste. 307, Naples, FL 34102. Email: [email protected]

If to Client: Client shall also include an alternative or residential address for any Notice necessary after the Agreement Term has expired.

TIME IS OF THE ESSENCE. Time is of the essence as to the performance of all covenants, terms, and provisions of this Agreement.

SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

MOLD. Due to the climate in Florida, mold and mildew naturally occur. Whether or not the Premises experiences mold growth largely depends on how you maintain the Premises. Whether any person experiences any adverse health effects due to exposure to mold or chemicals depends largely on personal susceptibility to those conditions. THE CLIENT UNDERSTANDS AND AGREES THAT PROVIDER IS NOT RESPONSIBLE AND HEREBY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES, ILLNESS, OR ALLERGIC REACTIONS WHICH THE CLIENT, OR ANY OTHER PERSON, MAY EXPERIENCE AS A RESULT OF MOLD, MILDEW, FUNGUS, SPORES OR CHEMICALS, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, AND ADVERSE HEALTH EFFECTS, OR ANY OTHER EFFECTS.

RADON NOTIFICATION. Pursuant to Florida Statute 404.056(8), the following disclosure is made: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in the building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit.”

HAZARDOUS MATERIALS. Client shall not use or permit to be brought to the Premises any flammable oils, fluids, explosive or other articles deemed hazardous to person or property or do or permit to be done by act or thing which would or will invalidate or be in conflict with any insurance policy covering the Premises, the Building, or Provider.

CONDEMNATION. If the whole of the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose (a sale in lieu of condemnation to be deemed a taking for the purposes of this paragraph), then the term of this Lease shall cease and terminate as of the date of possession being required by the condemning authority and all Monthly Use Fees and other sums due shall be paid up to that date. If any part of the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and in the event that such partial taking or condemnation shall render the Premises unsuitable for the business of the Client, then the term of this Lease shall cease and terminate as of the date of possession being required by the condemning authority. In the event of a partial taking or condemnation, which is not extensive enough to render the Premises unsuitable for the business of the Client, then Provider shall promptly restore the Premises to a condition comparable to the condition at the time of such condemnation, less the portion lost in the taking, and this Lease shall continue in full force and effect, except that the Monthly Use Fee hereunder shall be equitably adjusted.

GOVERNING LAW. The laws of the State of Florida shall govern the validity, interpretation, performance and enforcement of this Agreement. In the event of any litigation concerning this Agreement, the parties agree that Lee County will be the exclusive venue for such proceeding(s).

WAIVER OF JURY TRIAL. PROVIDER AND CLIENT HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNING ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT, SPECIFICALLY BUT NOT LIMITED TO, ANY ISSUES INVOLVING CLIENT'S TENANCY.

ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the parties relating to its subject matter including any attachments or addendums. This Agreement replaces all previous discussions, understandings, and oral agreements. The Provider and Client agree to the terms and conditions and shall be bound until the end of the Agreement Term.

ESTOPPEL CERTIFICATE. At any time upon the written request of Provider or any mortgagee or lender, Client, within ten (10) days of the date of such request, agrees to execute and deliver without charge and in a form satisfactory to Provider or mortgagee or lender, a written statement ratifying the Agreement. Failure by Client to execute and deliver such certificate without modification and within the aforesaid time-period shall constitute an irrevocable power of attorney appointing and designating Provider or its successors or assigns as attorney-in-fact to execute and deliver such estoppel certificate as herein provided and shall constitute a default under the terms of this Agreement.