Common use of Utilities; Amenities Clause in Contracts

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: water/sewer, gas, Internet access and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.asp) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxx, per resident, in addition to the amount of each xxxx, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities are included in the Total Rent rent set forth in this Agreement: Internet access, water/sewer, gas, Internet access sewer and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, plus cable television, telephone and other desired utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy with the College Station Utilities (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspmain building) or Xxxxx Municipal Utilities (garden building) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxx, per resident, in addition to the amount of each xxxx, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement, or in written documentation signed by the parties hereunder after the date hereof. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise arise, directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents resident in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: waterInternet access, natural gas (except if the assigned apartment is within the portion of the Property identified as 00 Xxxxxx Xxxxxxx), xxxxx/sewer, gas, Internet access xxxxx and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricityelectricity (and, if the assigned apartment is within the portion of the Property identified as 23 Twenty Lincoln, all charges associated with natural gas), plus cable television, telephone and other desired utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy with the City of Xxxx (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspand if applicable, natural gas billing with Alliant Energy) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxx (and as applicable, per gas xxxx), per resident, in addition to the amount of each xxxx, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney feesfees to the extent permitted by law, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents resident(s) in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities are included in the Total Rent rent set forth in this Agreement: water/sewer, gas, Internet access and trash disposal. No refund or credit Resident will be provided pay a pro-rata share (based on the number of actual contracted residents of the apartment) for the apartment’s usage levelsof electricity, applied pro-rata to any partial billing cycle. Resident will be responsibleresponsible for his or her pro-rata share of electricity charges during the term of this Agreement, together and jointly regardless of actual date of move-in or move- out. In connection with other residents the administration of electricity billing during the Resident’s term of this Agreement, Resident will pay prior to occupying the assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone and other utilities not listed above, and will promptly pay to (or on the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.asp) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per first electricity xxxx, per residentat Owner’s discretion), in addition to the amount a single up-front billing service fee of each xxxx, until the billing is placed in the name of a resident. Resident will party providers are not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Propertyproviders. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise arise, directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: waterWater/sewer, gas, Internet access and valet trash pickup/disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspxxxxx://xxx.xxxx-xxxxxx.xxx/north- carolina/moving.asp) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxxbill, per resident, in addition to the amount of each xxxxbill, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Owner responsibility and liability for electricity service billing, and all remedies, charges and fees related to electricity service, are subject to and controlled by the orders and rules of the North Carolina Utilities Commission. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities only are included in the Total Rent housing fees set forth in this Agreement: Internet connectivity, water/sewer, gas, Internet access sewer and trash disposal. No refund or credit will be provided based on usage levelsservice. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, cable television, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspxxxx://xxxx- xxxxxx.xxx/xxxxxxx/xxxxxx.xxx) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxxbill, per resident, in addition to the amount of each xxxxbill, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities providedthe utilities, including including, but not limited to to, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated explicitly included in this Agreement, or in written documentation signed by the parties hereunder after the date hereof. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, members, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise arise, directly or indirectly in connection withindirectly, from: (i) violation by Resident of any and all laws, ordinances, regulations or and rules regarding in connection with the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices device during Resident’s occupancy will be charged to Resident (and the other residents resident(s) in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE.

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: water/sewer, gas, Internet access and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.asp) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxxbill, per resident, in addition to the amount of each xxxxbill, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE.

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: Internet, water/sewer, gas, Internet access sewer and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone electricity and other utilities not listed abovenatural gas services, and Resident will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment Resident agrees to arrange establish accounts with West Penn Power (for electricity billing from Duke Energy electricity) and with Columbia Gas (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.asp) for natural gas), in the name of one or more residents of the apartment, prior to the Start Date will obligate each resident Date; otherwise, all residents of the apartment (including Resident) to pay Owner will be jointly responsible for all charges for electricity and/or gas, as applicable, during the period of occupancy plus an administrative fee of $50 per electricity xxxxutility, per resident, in addition to the amount of each xxxx, until the billing is placed in the name of a cycle per resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment, for arranging for and paying all charges associated with cable television, telephone and other desired utilities not listed above. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise arise, directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE.

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: water/sewer, gas, Internet access and trash disposal. No refund or credit will be provided based on usage levels. Resident will be responsible, together and jointly with other residents of the Resident’s 's assigned apartment as applicable, for arranging for and paying all charges associated with electricity, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspxxxxx://xxx.xxxx- xxxxxx.xxx/xxxxx-xxxxxxxx/xxxxxx.xxx) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxxbill, per resident, in addition to the amount of each xxxxbill, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities provided, including but not limited to those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated in this Agreement. Owner does not warrant or guarantee the protection of Resident’s 's privacy during operation of utilities, that such utilities will satisfy Resident’s 's requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s 's use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s 's and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise directly or indirectly in connection with: (i) violation by Resident of any laws, ordinances, regulations or rules regarding the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices during Resident’s 's occupancy will be charged to Resident (and the other residents in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s 's discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s 's sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE

Utilities; Amenities. The following utilities only are included in the Total Rent housing fees set forth in this Agreement: Internet connectivity, water/sewer, gas, Internet access sewer and trash disposal. No refund or credit will be provided based on usage levelsservice. Resident will be responsible, together and jointly with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with electricity, cable television, telephone and other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come due. Failure by residents of an apartment to arrange for electricity billing from Duke Energy (xxxxx://xxx.xxxx-xxxxxx.xxx/north-carolina/moving.aspxxxx://xxxx- xxxxxx.xxx/xxxxxxx/xxxxxx.xxx) in the name of one or more residents prior to the Start Date will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity xxxx, per resident, in addition to the amount of each xxxx, until the billing is placed in the name of a resident. Resident will not terminate, disconnect or otherwise interfere with any utility services or metering devices at the Property. Owner makes no representations and hereby disclaims any and all warranties, express or implied, with respect to any utilities providedthe utilities, including including, but not limited to to, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Owner or its representatives or agents, whether in writing or otherwise, except as otherwise expressly stated explicitly included in this Agreement, or in written documentation signed by the parties hereunder after the date hereof. Owner does not warrant or guarantee the protection of Resident’s privacy during operation of utilities, that such utilities will satisfy Resident’s requirements, or that the operation of utilities will be uninterrupted or error free. Resident acknowledges and agrees that neither Owner nor its affiliates, agents, employees or representatives will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including incidental, economic or punitive damages, arising from breach of warranty, breach of contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utilities or the termination of any utilities, whether arising from Resident’s use of (or inability to use) utilities, or otherwise, even if Owner has been advised of the possibility of such damage. In the event that any utility service proves defective, or is discontinued or terminated, Owner’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utility incurred by Resident, prorated by the day for each day the utility service proved defective, or was discontinued or terminated, for more than 24 hours. Resident agrees to indemnify, defend and hold harmless Owner and its employees, members, affiliates and agents, from any and all losses, claims, damages, expenses, other liabilities and causes of action of every nature, including attorney fees, which arise arise, directly or indirectly in connection withindirectly, from: (i) violation by Resident of any and all laws, ordinances, regulations or and rules regarding in connection with the utilities; or (ii) illegal or inappropriate use of the utilities. Any damage or loss to any utility devices device during Resident’s occupancy will be charged to Resident (and the other residents resident(s) in the apartment, as applicable) at the replacement cost. Management will establish schedules and policies for the use of recreation facilities, amenities and other common spaces. Owner may add, remove, close (temporarily or permanently), upgrade or modify any of the recreation facilities, amenities or common spaces in Owner’s discretion, without notice or compensation; provided that if this Agreement expressly includes a separate Amenity Fee, Resident’s sole remedy will be limited to a pro-rata credit of such Amenity Fee for the period a covered amenity is closed or fully unavailable. SAMPLE