Common use of DESTRUCTION OR UNAVAILABILITY Clause in Contracts

DESTRUCTION OR UNAVAILABILITY. a. If the Resident’s Unit should at any time be rendered uninhabitable in whole or in part by any cause whatsoever, other than the acts or omissions of Resident or any of Resident’s guests, the University may, at its option, repair and replace the damaged room within a reasonable time, relocate Resident to alternative Housing, or immediately terminate this Agreement without liability to Resident. If Resident’s Unit is rendered uninhabitable due to the negligent or intentional actions or omissions of Resident, the University may terminate this Agreement and pursue any rights any remedies it may have against Resident under this Agreement or at law. b. In the event that bed space is unavailable as the result of conditions not reasonably foreseen at the time this Agreement is made, provided University is unable to accommodate Resident in alternative Housing, Resident shall be entitled to a pro-rated refund of any housing fees applicable to periods after Resident was required to vacate. Such conditions include, but are not limited, to accidents, floods, slides, fires, earthquakes, winds, storms, explosions, natural disasters, or other casualties of any nature; enemy or hostile governmental action; wars, blockades, insurrections, or civil disorder; strikes, lockouts or labor disputes; law, order, proclamation, ruling, regulation, directive, or ordinance of any governmental authority having jurisdiction; pandemics, epidemics, or other outbreaks of disease or infection; unanticipated interruption of basic services; a drop in the rate of cancellations not reasonably foreseen by University, if such drop results in an overbooking of available housing facilities.

DESTRUCTION OR UNAVAILABILITY. a. If the Resident’s Unit should at any time be rendered uninhabitable in whole or in part by any cause whatsoever, other than the acts or omissions of Resident or any of Resident’s guests, the University may, at its option, repair and replace the damaged room within a reasonable time, relocate Resident to alternative Housing, or immediately terminate this Agreement without liability to Resident. If Resident’s Unit is rendered uninhabitable due to the negligent or intentional actions or omissions of Resident, the University may terminate this Agreement and pursue any rights any remedies it may have against Resident under this Agreement or at law. b. In the event that bed space is unavailable as the result of conditions not reasonably foreseen at the time this Agreement is made, provided University is unable to accommodate Resident in alternative Housing, Resident shall be entitled to a pro-rated refund of any housing fees applicable to periods after Resident was required to vacate. Such conditions include, but are not limited, to accidents, floods, slides, fires, earthquakes, winds, storms, explosions, natural disasters, or other casualties of any nature; enemy or hostile governmental action; wars, blockades, insurrections, or civil disorder; strikes, lockouts or labor disputes; law, order, proclamation, ruling, regulation, directive, or ordinance of any governmental authority having jurisdiction; pandemics, epidemics, or other outbreaks of disease or infection; unanticipated interruption of basic services; a drop decrease in the rate of cancellations not reasonably foreseen by University, if such drop decrease results in an overbooking of available housing facilities.