Common use of REPAIRS AND MALFUNCTIONS Clause in Contracts

REPAIRS AND MALFUNCTIONS. Resident shall promptly request, in writing, any repairs to be made to the Premises or its fixtures, alarm devices, and other equipment that belong to Agent, except in the case of emergency when oral requests for repairs to the management office will be accepted. In any circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent immediately of any such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but are not limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon Agent’s actual receipt of Resident’s written request for repairs (or upon Agent’s oral notification in case of an emergency), Agent shall act with reasonable diligence and in a commercially reasonable manner, depending on the facts and circumstances in making such repairs. After any request for repair by Resident, or during the making of any repair by Agent, the Lease shall continue in full force and effect and the rent shall not xxxxx during any such period, except in the event of a casualty event making the Premises unfit for habitability within the meaning of Paragraph 30. In making any repair or maintaining the Premises or property, Agent may temporarily turn off equipment and interrupt utilities to the Premises or Property or temporarily take any additional action reasonably necessary, in Agent’s sole and absolute discretion, to effect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community without any liability to Resident whatsoever. Resident shall not under any circumstances whatsoever either deduct from rent for any repair or make any repair and attempt to deduct the cost from rent owed to Agent.

Appears in 10 contracts

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.), Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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REPAIRS AND MALFUNCTIONS. Resident shall promptly request, request in writing, writing to the on-site Management Office the need for any repairs to be made to the Premises or its fixtures, alarm devices, systems, and other equipment that belong to AgentOwner, except in the case of emergency when oral requests for repairs to the management office will be accepted. In any circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent Owner immediately of any such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but are not be limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, leaks or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon AgentOwner’s actual receipt of Resident’s written request for repairs (or upon AgentOwner’s oral notification in case of an emergency), Agent Owner shall act with reasonable diligence and in a commercially reasonable manner, manner depending on the facts and circumstances in making such repairs. After any request for repair by Resident, or during the making of any repair by AgentOwner, the Lease shall continue in full force and effect and the rent Rent shall not xxxxx during any such period, except in the event of a casualty event making the Premises unfit for habitability within the meaning of Paragraph 30Section 25. In making any repair or maintaining the Premises or property, Agent Owner may temporarily turn off equipment and interrupt utilities to the Premises or Property Community, or temporarily take any additional action reasonably necessary, in AgentOwner’s sole and absolute discretion, to effect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community Community all without any liability to Resident whatsoeverResident. Resident shall not under any circumstances whatsoever either deduct from rent Rent for any repair or make any repair and attempt to deduct the cost from rent Rent owed to AgentOwner. Owner may secure the Premises, including changing the locks to the Premises, if in Owner’s sole discretion the security of the Premises may have been compromised including but not limited to the death of Resident, incarceration or hospitalization of Resident, usage of the Premises by non-authorized residents, and to protect Owner’s property and security. If Resident requests services not intended or contemplated by this Agreement and Owner agrees to provide, Resident agrees to hold Owner harmless for all liability resulting from the same.

Appears in 2 contracts

Samples: Residential Rental Lease Agreement, Residential Rental Lease Agreement

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REPAIRS AND MALFUNCTIONS. Resident shall promptly request, in writing, any repairs to be made to the Premises or its fixtures, alarm devices, and other equipment that belong to Agent, except in the case of emergency when oral requests for repairs to the Revised 1/2015 management office will be accepted. In any circumstance or situation which involves immediate, imminent, or substantial risk of harm or damage to property or person, their health or safety, Resident shall notify Agent immediately of any such circumstances, situation, malfunction, or necessity for repair. Such circumstances may include but are not limited to malfunctions of equipment, fixtures, alarm devices, overflowing sewage, utilities (electrical shorts, gas leaks, or uncontrollable running water), smoke, fire, explosions, or any other cause. Upon Agent’s actual receipt of Resident’s written request for repairs (or upon Agent’s oral notification in case of an emergency), Agent shall act with reasonable diligence and in a commercially reasonable manner, depending on the facts and circumstances in making such repairs. After any request for repair by Resident, or during the making of any repair by Agent, the Lease shall continue in full force and effect and the rent shall not xxxxx during any such period, except in the event of a casualty event making the Premises unfit for habitability within the meaning of Paragraph 30. In making any repair or maintaining the Premises or property, Agent may temporarily turn off equipment and interrupt utilities to the Premises or Property or temporarily take any additional action reasonably necessary, in Agent’s sole and absolute discretion, to effect the repair or perform the maintenance, and to avoid damage to property, the Premises, or the community without any liability to Resident whatsoever. Resident shall not under any circumstances whatsoever either deduct from rent for any repair or make any repair and attempt to deduct the cost from rent owed to Agent.

Appears in 1 contract

Samples: Property Management Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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