Common use of Utilities; Amenities Clause in Contracts

Utilities; Amenities. The following utilities only are included in the Total Rent set forth in this Agreement: Internet access, water/sewer and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. Resident will be responsible, together with other residents of the Resident’s assigned apartment as applicable, for arranging for and paying all charges associated with 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. 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, 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 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 only are included in the Total Rent set forth in this Agreement: Internet access, water/sewer sewer, Internet access and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. 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 cable televisionelectricity, telephone (if desired) and other utilities not listed above, 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 Puget Sound Energy ( xxxx://xxx.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 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 ’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utilityutility 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, 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 resident 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 only are included in the Total Rent set forth in this Agreement: Internet accessconnectivity, water/sewer and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. 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 service and cable televisiontelevision (if desired), and will promptly pay to the respective utility provider(s) all such charges as they come due. Resident agrees to establish an account with Duke Power for electricity, in the name of one or more residents of the apartment, prior to the Start Date; failure to do so will obligate each resident (including Resident) to pay Owner an administrative fee of $50 per electricity bill, per resident, in addition to the amount of each bill, 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. 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 telephone and other utilities not listed above, above and will promptly pay to the respective utility providers all such charges as they come due. 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 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-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, 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, directly or indirectly, in connection withfrom: (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 during Resident’s occupancy will be charged to Resident (and the other resident 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 only are included in the Total Rent set forth in this Agreement: Internet accessconnectivity, water/sewer and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. 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 service and cable televisiontelevision (if desired), and will promptly pay to the respective utility provider(s) all such charges as they come due. Resident agrees to establish an account with Duke Power for electricity, in the name of one or more residents of the apartment, prior to the Start Date; failure to do so 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. 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 telephone and other utilities not listed above, above and will promptly pay to the respective utility providers all such charges as they come due. 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 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-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, 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, directly or indirectly, in connection withfrom: (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 during Resident’s occupancy will be charged to Resident (and the other resident 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 only are included in the Total Rent set forth in this Agreement: Internet access, water/sewer sewer, Internet access and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. 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 cable televisionelectricity, telephone (if desired) and other utilities not listed above, 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 Puget Sound Energy ( xxxx://xxx.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 bill, per resident, in addition to the amount of each bill, 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 ’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utilityutility 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, 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 resident 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 only are included in the Total Rent set forth in this Agreement: Internet access, water/sewer sewer, Internet access and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. Resident will be responsibleagrees, together with other residents of the assigned apartment, to establish an electricity billing account with Xcel Energy (available online at xxxxx://xxxxxxxxx.xxxxxxxxxx.xxx/oam/getStartServiceInfo.req) and to establish a natural gas billing account with CenterPoint Energy (available online at xxxx://xxxxxxxxxxxxxxxxx.xxx/en-us/residential?sa=mn) prior to the Start Date. Failure by residents of an apartment to arrange for electricity and/or natural gas billing in the name of one or more residents prior to the Start Date will obligate each resident (including Resident’s assigned apartment as applicable) to pay Owner an administrative fee of $50 per utility xxxx, per resident, in addition to the amount of each xxxx, until the xxxxxxxx for both electricity and natural gas are placed in the name of a resident. Resident agrees to timely pay all electricity and natural gas bills. Resident will be responsible for arranging for and paying all charges associated with cable television, telephone and for any other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come duedesired utilities. 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 ’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utilityutility 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, 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 resident 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 only are included in the Total Rent set forth in this Agreement: Internet access, water/sewer sewer, Internet access and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. Resident will be responsibleagrees, together with other residents of the assigned apartment, to establish an electricity billing account with Xcel Energy (available online at xxxxx://xxxxxxxxx.xxxxxxxxxx.xxx/oam/getStartServiceInfo.req) and to establish a natural gas billing account with CenterPoint Energy (available online at xxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/en-us/residential?sa=mn) prior to the Start Date; failure by residents of an apartment to arrange for electricity and/or natural gas billing in the name of one or more residents prior to the Start Date will obligate each resident (including Resident’s assigned apartment as applicable) to pay Owner an administrative fee of $50 per electricity xxxx and/or $50 per gas xxxx, per resident, in addition to the amount of each xxxx, until all xxxxxxxx are placed in the name of a resident. Resident agrees to timely pay all electricity and natural gas bills. Resident will be responsible for arranging for and paying all charges associated with cable television, telephone and for any other utilities not listed above, and will promptly pay to the respective utility providers all such charges as they come duedesired utilities. 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 ’s and Manager's entire combined liability and Resident's exclusive remedy will be limited to a reimbursement of the approximate cost of that utilityutility 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, 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 resident 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 only are included in the Total Rent set forth in this Agreement: Internet accessconnectivity, water/sewer and trash disposal. Owner will pro-rate each actual electricity xxxx accruing during the Term among the contracted residents of the assigned apartment, which will be billed to and become the responsibility of Resident hereunder. Electricity billing will be in accordance with the Electrical Submetering Terms attached appearing on page 8 below; by signing this Housing Agreement, Resident agrees to the Electrical Submetering Terms. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity bills anticipated to be received during the final 30 days of the term or after the end of the term of this Agreement, calculated based on historical electricity charges for the apartment and pursuant to applicable regulations. As part of each electricity xxxx, Resident may be charged and agrees to pay late payment fees and/or NSF fees, as may be applicable. 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 service and cable televisiontelevision (if desired), and will promptly pay to the respective utility provider(s) all such charges as they come due. Resident agrees to establish an account with Duke Power for electricity, in the name of one or more residents of the apartment, prior to the Start Date; failure to do so 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. 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 telephone and other utilities not listed above, above and will promptly pay to the respective utility providers all such charges as they come due. 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 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, 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, directly or indirectly, in connection withfrom: (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 during Resident’s occupancy will be charged to Resident (and the other resident 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.