Read the example below and answer the questions Real Estate Lease Agreement made this 1st day of September, 2021, between Mr. and Mrs. Smith (Lessor), and Bob Smith (Lessee). The Lessor hereby devises and lets to the Lessee the premises known as 123 Sesame Street Apt. A beginning on September 1, 2021, and continuing until Lessee graduates from college, for which the Lessee agrees to pay Lessor promptly on the first day of each month, in advance, a monthly rental of Five Hundred Dollars ($500). It is further agreed that: Termination. This Lease may be terminated by either party for any reason upon thirty days written notice to the other party. Notice shall be deemed sufficient if it is mailed to the parties at the addresses given below: If to the Lessor: If to the Lessee: Mr. and Mrs. Smith Bob Smith P.O. Box 123 123 Sesame Street, Apt. A Concord, NH 03301 Cambridge, MA 01234 Amendments. This Lease may be amended by the parties only by a written instrument of subsequent date executed by each of the parties which specifically references this provision.

Waivers. No waiver of any breach of any provision of this Lease shall be held to be a waiver of any other or subsequent breach, and the failure of a party to enforce at any time any provision hereof shall not be deemed a waiver of any right of such party to subsequently enforce such provision or any other provision hereof. Governing Law and Choice of Forum. This Agreement is made under, and shall be governed, construed and interpreted by, and in accordance with, the laws of the State of New Hampshire. Any dispute arising hereunder shall be resolved exclusively by litigation in applicable New Hampshire state courts or federal courts in the District of New Hampshire, of proper jurisdiction and venue. Each party hereto consents to such jurisdiction and venue for any and all purposes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 1st day of September, 2021. ________________________ ________________________ Lessor Lessee 37. The clause in the Lease that states the Lease continues until Bob graduates from college is what type of condition? A. Implied-in-fact B. Precedent C. Subsequent D. Concurrent 38. Bob is considering moving on campus and is wondering if he is able to get out of his lease. Bob can: A. terminate his lease by mailing a written 30 day notice to the Smiths. B. terminate his lease by emailing a 30 day notice to the Smiths. C. terminate his lease only for good cause. D. terminate his lease by calling the Smiths after he moves out. 39. Bob has some problems with the plumbing in the apartment. Bob claims that, while talking over dinner, the Smiths agreed that they would cover all maintenance costs. The Smiths disagree that they agreed to those terms. Would Bob be able to enforce the Smiths agreement to cover all maintenance costs? A. Yes, the parties made an oral amendment to the Lease. B. No, Bob could not prove the terms regarding maintenance costs because of the parole evidence rule. C. No, because the Statute of Frauds would require the maintenance terms to be in writing. D. Yes, because the lease would be construed against the Smiths.

40. In January and February, Bob does not pay his rent and does not discuss this with the Smiths. The Smiths: A. cannot sue for breach of contract because they must wait until Bob completes college. B. can seek an injunction ordering Bob to pay rent on time. C. can sue for breach of contract because Bob failed to pay rent in January and February. D. cannot sue for breach of contract because they waived the requirement that Bob pay rent on the first of the month. 41. In March, Bob decides he can no longer afford the apartment and decides to move in with some friends. Bob packs all his belongings and, after he has moved, sends a postcard to the Smiths notifying them that he no longer wants to rent the apartment. The Smiths: A. can sue for breach of contract and seek specific performance because property is unique. B. can sue for breach of contract and seek an injunction to stop Bob from moving out of the apartment. C. can sue for breach of contract because Bob did not provide 30 days written notice to the Smiths. D. cannot sue for breach of contract because Bob provided the appropriate written notice required to terminate his lease. 42. Now that Bob has moved out of the apartment, the Smiths: A. must use reasonable efforts to try to rent the apartment to another individual in order to mitigate their damages. B. must wait until the end of the lease before they can sue Bob for all the rent he failed to pay under his lease. C. must get a release from Bob before they can rent the apartment again. D. must get the apartment rented again in the next month at any expense and at any possible rental amount in order to mitigate their damages. 43. The Smiths are able to get the apartment rented for the month of May at a rent of $400 per month. What remedy, if any are the Smiths able to seek from Bob? A. Quasi-Contract for the value of services rendered equal to the amount of rent he should have paid in January and February. B. Compensatory Damages in an amount equal to the rent he should have paid starting in January through April, and the rent he should have paid in May, less the $400 the Smiths are currently receiving from the new tenant. C. Liquidated Damages in an amount equal to 3 months rent. D. No damages because they are too speculative.

44. Instead of going to court, Bob and the Smiths are able to settle this matter between themselves. Bob agrees to pay the Smiths one months rent and the Smiths agree to not pursue a claim in court. Bob will want to make sure that the Smiths: A. Sign a release of all claims under the lease. B. Sign an accord and satisfaction. C. Sign a substitute agreement. D. Agree to a mutual rescission. 45. Identify the consideration in the agreement described in Question 44.