Common use of Overholding (Failure to depart Clause in Contracts

Overholding (Failure to depart. If you remain in occupation of your Accommodation after the Move‐Out Date or your eviction date, no new right of occupation is thereby created and the University may, without notice, re‐enter and take possession of your Accommodation, remove you and all other persons and property and use such force and assistance as the University deems necessary to retake possession of your Accommodation. In this situation, Residence Fee payment(s) processed through the University’s online payment process or otherwise shall not be effective to create any new or continued right of occupation unless such right of occupation and receipt of payment are expressly acknowledged by the Director, Residence Services. If the University expressly grants its approval to your continued occupation of your Accommodation and accepts payment of Residence Fees for that occupation, then any right of occupation that is thereby created shall be for the period contained in such approval, at the Residence Fees previously payable for your Accommodation and subject to the terms of this Contract, as applicable for the occupancy period. In no case shall any acceptance of Residence Fees of your Accommodation after the expiry of the term of this Contract result in any right of occupancy greater than a right to occupy your Accommodation from month to month (meaning, for greater certainty, terminable by you or the University at any time on 30 days written notice), at the Residence Fees previously payable for your Accommodation, and not from year to year and shall be subject to the terms of this Contract so far as the same are applicable to a right to occupy from month to month.

Overholding (Failure to depart. If you remain in occupation of your Accommodation after the Move‐Out Date or your eviction date, no new right of occupation is thereby created and the University may, without notice, re‐enter and take possession of your Accommodation, remove you and all other persons and property and use such force and assistance as the University deems necessary to retake possession of your Accommodation. In this situation, Residence Fee payment(s) processed through the University’s online payment process or otherwise shall not be effective to create any new or continued right of occupation unless such right of occupation and receipt of payment are expressly acknowledged by the Director, Residence Services. If the University expressly grants its approval to your continued occupation of your Accommodation and accepts payment of Residence Fees for that occupation, then any right of occupation that is thereby created shall be for the period contained in such approval, at the Residence Fees previously payable for your Accommodation and subject to the terms of this Contract, as applicable for the occupancy period. In no case shall any acceptance of Residence Fees of your Accommodation after the expiry of the term of this Contract result in any right of occupancy greater than a right to occupy your Accommodation from month to month (meaning, for greater certainty, terminable by you or the University at any time on 30 60 days written notice), at the Residence Fees previously payable for your Accommodation, and not from year to year and shall be subject to the terms of this Contract so far as the same are applicable to a right to occupy from month to month.