LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY. Except as provided in NCGS 42A et al, if, at the time Tenant is to begin occupancy of the property, said property under this lease agreement cannot be provided because of acts of God, fire, damages, eminent domain or if the property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water, septic or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, excluding those events that would otherwise be covered through tenants trip insurance policy agent makes available, Tenant hereby agrees that Owner’s and Agent’s sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease. Tenant expressly acknowledges that in no event shall Owner or Agent be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. In the event of foreclosure, Agent will notify Tenant. Tenant understands their sole recourse is with the Owner of the property. Agent is not responsible for loss or recovery of funds in the case of foreclosure or other involuntary or voluntary transfer of property ownership. Tenant also agrees that in the case of a double booking or occupancy by Owner, Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. If Agent is able to re- locate Tenant, Tenant agrees to pay any difference in rental amount.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY. A. In the event that the Landlord is unable to allow Tenant the use of any portion of the Property because of fire, eminent domain, act of nature, foreclosures, delay in construction, or any other reason whatsoever, Tenant hereby agrees that Landlord’s sole liability as a result of any such condition is a refund of the prorated rental for each day Tenant is unable to use that portion of the Property. Except as otherwise provided in this section, if, at the time Tenant is to begin occupancy of the Property, Landlord or its representative(s) cannot provide the Property in a fit and habitable condition or substitute a reasonably-priced comparable property in such condition, Landlord shall refund Tenant all payments made by Tenant.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY a) In the event of fire, eminent domain, acts of nature, delay in maintenance affecting habitability of the Property, or sale, Xxxxxx agrees that HVR and owner’s sole liability is a refund of the prorated rental for each day Renter is unable to use the Property.
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY. In the event the owner is unable to deliver said property to Tenant under this lease agreement because of fire, damages, eminent domain, or if the property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, excluding those events that would otherwise be covered through tenants trip insurance policy agent makes available, Tenant hereby agrees that Owners sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease, and Tenant expressly acknowledges that in no event shall owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. Tenant will not be refunded by Agent or Owner for Mandatory Evacuations. Tenant also agrees that in the case of a double booking or occupancy by owner, Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. If Agent is able to re-locate Tenant, Tenant agrees to pay any difference in rental amount. The Tenant their family members, guests and all the occupants of the vacation home agrees to release and indemnify the Owner and his Agent from and against all claims for damages and/or personal injuries to any person arising out of the use of subject premises, including interior and all exterior areas, including decks, stairs and other common areas that occurred during the tenancy of the premises. These claims include those that allegedly may fall under the Vacation Rental Act. Tenant also agrees to defend owner and his agents from any lawsuit alleging damages and/or personal injury that occurred during the tenant’s rental of the property. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, noise, early departure, or disruption of utility services (including cable) after occupancy. Tenant agrees to be responsible for any repairs necessary due to their negligence. Agent reserves the right to enter and inspect premises with a reasonable notice to Tenant. Tenant agrees to hold Agent harmless for any liability in event of foreclosure of subject property. In the event of an ordered evacuation due to hurricanes or other storms, tenant is required by state law to evacuate property. Tenant ag...
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY. In the event the Owner is unable to deliver said property to Tenant under this agreement because of fire, eminent domain, or if the property is unavailable because of delay in construction or because of lack of water or sewer, Tenant hereby agrees that the Owner's sole liability, as a result of any of these conditions, is the refund of consideration previously tendered by Tenant pursuant to the terms of this agreement for the period of time the property is unavailable, and Tenant expressly acknowledges that in no event shall Owner or Agent be held liable for any consequential or secondary damages, including, but not limited to, any expense incurred, as a result of moving, for any damage, destruction or loss. Xxxxxx also agrees that in the case of a double booking or occupancy by Owner, Tenant will be entitled to a full refund or all consideration previously tendered by the Tenant. If Agent is able to relocate Tenant, Xxxxxx agrees to pay any difference in rental amount. The Tenant agrees to release and indemnify the Owner and Agent from and against liability for injury to any member of his household resulting from any cause whatsoever, except only such a personal injury caused by the negligent or intentional acts of the Owner or Agent. Tenant shall not be entitled to any refund due to unfavorable weather or disruption of utility services (including cable).
LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY. If Agent/Owner is forced to resort to employment of legal counsel, litigation, or professional collection services in the collection of any amounts due Agent/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney’s fees if Agent/Owner prevails in said legal action.
