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<br />D. In all Contracts. Developer shall cause the foregoing covenants to be inserted in <br />all contracts for any work covered by this Agreement so that such provisions will be binding <br />upon each contractor for the benefit of Agency, provided that the foregoing covenant shall not <br />apply to contracts or subcontracts for standard commercial supplies or raw materials. <br /> <br /> <br /> <br />4. Miscellaneous Provisions: <br /> <br />A. The lease of any Restricted Units may not contain any of the following provisions <br />(in which references to "Developer" shall mean the Developer, its successors or assigns): <br /> <br />(1) Agreement by the tenant to be sued, to admit guilt, or to a judgment in <br />favor of the Developer in a lawsuit brought in connection with the lease; <br /> <br />(2) Agreement by the tenant that the Developer may take, hold, or sell <br />personal property of household members without notice to the tenant and a <br />court decision on the rights of the parties. This prohibition, however, does <br />not apply to an agreement by the tenant concerning disposition of personal <br />property remaining in the Restricted Unit after the tenant has moved out of <br />the Restricted Unit. The Developer may dispose of this personal property <br />in accordance with state law; <br /> <br />(3) Agreement by the tenant not to hold the Developer or the Developer’s <br />agent legally responsible for any action or failure to act, whether <br />intentional or negligent; <br /> <br />(4) Agreement of the tenant that the Developer may institute a lawsuit without <br />notice to the tenant; <br /> <br />(5) Agreement by the tenant that the Developer may evict the tenant or <br />household members without instituting a civil court proceeding in which <br />the tenant has the opportunity to present a defense, or before a court <br />decision on the rights of the parties; <br /> <br />(6) Agreement by the tenant to waive any right to a trial by jury; <br /> <br />(7) Agreement by the tenant to waive the tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; <br />and, <br /> <br />(8) Agreement by the tenant to pay attorney's fees or other legal costs even if <br />the tenant wins in a court proceeding by the Developer against the tenant. <br />The tenant, however, may be obligated to pay costs if the tenant loses. <br /> <br />EXHIBIT 4