Common use of POSSESSION OF PREMISES Clause in Contracts

POSSESSION OF PREMISES. Once STUDENT has checked in and picked up keys, the STUDENT has taken possession of the premises. The UNIVERSITY therefore presumes that the STUDENT has “moved in”, regardless of whether or not the STUDENT has lived in or physically transferred any belongings onto the premises. If STUDENT fails to take possession of the premises, STUDENT shall remain liable for payment of assessed housing charges until the UNIVERSITY has assigned the apartment to another STUDENT. This period is not to exceed forty-five (45) days. STUDENT shall also be charged a fifty-five dollar ($55.00) fee for the UNIVERSITY’S administrative costs resulting from the STUDENT not taking possession of the apartment. This amount is accepted as the amount of liquidated damages caused by such circumstances as it is impracticable and difficult to determine such costs. The assessed housing charges and the fifty- five dollar ($55.00) administrative fee shall be imposed if STUDENT fails to take possession of the apartment within seven (7) days of the assigned move-in date. In the event the UNIVERSITY is unable to deliver possession of the premises to STUDENT at commencement of the term of this Housing Agreement for any reason not within the control of the UNIVERSITY, including but not limited to failure of prior occupants to vacate as agreed or required by law, or partial or complete destruction of the premises, UNIVERSITY shall not be liable to STUDENT, except for the return of all sums previously paid by STUDENT, in the event STUDENT chooses to terminate this agreement because of UNIVERSITY’S inability to deliver possession. Otherwise, STUDENT’S obligation to pay assessed housing charges, therefore, shall commence upon UNIVERSITY’S delivery of possession.

POSSESSION OF PREMISES. Once STUDENT TENANT has checked in and picked up keys, the STUDENT TENANT has taken possession of the premises. The UNIVERSITY therefore presumes that the STUDENT TENANT has “moved in”, regardless of whether or not the STUDENT TENANT has lived in or physically transferred any belongings onto the premises. If STUDENT TENANT fails to take possession of the premises, STUDENT TENANT shall remain liable for payment of assessed housing charges rent until the UNIVERSITY has assigned the apartment to another STUDENTTENANT. This period is not to exceed forty-five (45) days. STUDENT TENANT shall also be charged a fifty-five dollar ($55.00) fee for the UNIVERSITY’S administrative costs resulting from the STUDENT TENANT not taking possession of the apartment. This amount is accepted as the amount of liquidated damages caused by such circumstances as it is impracticable and difficult to determine such costs. The assessed housing charges rental fee and the fifty- fifty-five dollar ($55.00) administrative fee shall be imposed if STUDENT TENANT fails to take possession of the apartment within seven (7) days of the assigned move-in date. In the event the UNIVERSITY is unable to deliver possession of the premises to STUDENT TENANT at commencement of the term of this Housing Lease Agreement for any reason not within the control of the UNIVERSITY, including but not limited to failure of prior occupants to vacate as agreed or required by law, or partial or complete destruction of the premises, UNIVERSITY shall not be liable to STUDENTTENANT, except for the return of all sums previously paid by STUDENTTENANT, in the event STUDENT TENANT chooses to terminate this agreement because of UNIVERSITY’S inability to deliver possession. Otherwise, STUDENTTENANT’S obligation to pay assessed housing chargesrent, therefore, shall commence upon UNIVERSITY’S delivery of possession.