- Any express or implied waiver of the sovereign immunity of the Commonwealth of Virginia, any department, agency, or institution, or any of its or their officers, agents, or employees.
- Any agreement or promise to indemnify, defend, or hold harmless any person or entity.
- Any agreement to provide or maintain insurance or insurance coverage to or for the benefit of any person or entity.
- Any agreement that provides for binding arbitration or other binding dispute resolution.
- Any estoppel against the Commonwealth or a department, agency, or institution, or any agreement which requires the execution of an estoppel certificate, any provision that would prevent the Commonwealth from making claims or establishing any defense against claims, or waiver of trial by jury.
- Any agreement that constitutes a waiver of subrogation or waiver of subrogation rights.
- Any agreement requiring or providing for the payment of any attorney’s fees, collection costs, penalties, or liquidated damages. We can consent to paying attorney fees, but only if it is a mutual obligation in which the loser pays the attorney fees of the winner.
- Any agreement purporting to grant security interests in property of the Commonwealth of Virginia; and, any agreement providing default provisions which provide for or authorize (1) landlord to use any self-help remedies, (2) the distress or seizure of property of the Tenant, or (3) the blocking of the right of Tenant’s access to and removal of property and records of the Tenant from the Leased Premises.
- Any provision prohibiting collection of debt by the Commonwealth of Virginia or any of its agencies under Virginia Code §58.1-520 et seq. (Setoff Debt Collection Act). E.g., a provision that says “Tenant shall pay Rent without setoff or deduction” is a violation of this prohibition.
- Any provision that seeks to over-ride, constrain, alter or amend the requirement for appropriation of funds to be paid by the Commonwealth of Virginia or any its agencies, departments or institutions.
- Any provision that requires paying rent in advance.
These issues are non-negotiable, and any contrary provisions in a lease, contract or agreement may be unenforceable against the Commonwealth or its agencies.