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, Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents legally in possession for the applicable period) for the apartment’s usage of electricity, natural gas, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, each applied pro-rata to any partial billing cycle, subject to a monthly credit for the apartment's usage of electricity and natural gas calculated as follows: $70.00 per month for a one bedroom apartment, $45.00 per month per resident for a two bedroom apartment, $35.00 per month per resident for a four bedroom townhome and $30.00 per month per resident for a five bedroom cottage. No refund or credit will be provided for usage below the applicable allowance level. In connection with the administration of utility billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility bill, at Owner’s discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner’s option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility allocations and billing services. Upon Resident’s request, Owner will provide copies of applicable utility bills. To the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any utility 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 utility charges for the apartment and pursuant to applicable regulations. As part of each utility bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record (including, without limitation, taxes specifically applicable to such utility charges), plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing electricity accounts; Resident acknowledges that such third-party providers are not utility providers. 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 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.

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: water/sewer, Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents legally in possession for the applicable period) for the apartment’s 's usage of electricity, natural electricity and gas, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, each applied pro-rata to any partial billing cycle, subject to a monthly credit for the apartment's usage of electricity and natural gas calculated as follows: $70.00 per month for a one bedroom apartment, $45.00 per month per resident for a two bedroom apartment, $35.00 per month per resident for a four bedroom townhome and $30.00 per month per resident for a five bedroom cottage. Resident will be responsible for arranging and paying for telephone and other desired utilities, and for his or her pro-rata share of electricity and gas charges during the term of this Agreement, regardless of actual date of move-in or move-out. No refund or credit will be provided for usage below the applicable allowance level, if any. In connection with the administration of utility electricity and gas billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility electricity or gas bill, at Owner’s 's discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner’s 's option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility electricity and gas allocations and billing services. Upon Resident’s 's request, Owner will provide copies of applicable utility bills. To At Owner's option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any utility electricity and gas 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 utility electricity and gas charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility electricity and gas bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record (including, without limitation, taxes specifically applicable to such utility charges)record, plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing electricity accounts; Resident acknowledges that such third-party providers are not utility providers. 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 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 '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.

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: Internet access, water/sewer, Internet access sewer and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual contracted residents legally in possession for of the applicable periodapartment) for the apartment’s usage of electricity, natural gas, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, each applied pro-rata to any partial billing cycle, subject to the extent such pro-rata share of electricity cost exceeds a monthly credit allowance of $30 per contracted resident. Resident will be responsible for the apartment's usage his or her pro-rata share of electricity and natural gas calculated as follows: $70.00 per month for a one bedroom apartmentcharges during the term of this Agreement, $45.00 per month per resident for a two bedroom apartment, $35.00 per month per resident for a four bedroom townhome and $30.00 per month per resident for a five bedroom cottageregardless of actual date of move-in or move-out. No refund or credit will be provided for usage below the applicable allowance levellevels. In connection with the administration of utility electricity billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility billelectricity xxxx, at Owner’s discretion), a single up-front billing service fee of up to $72.00 54 (or alternately, at Owner’s option, a service fee of up to $6.00 4.50 per monthly billxxxx) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility allocations and billing services. Upon Resident’s request, Owner will provide copies of applicable utility electricity bills. To At Owner’s option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any utility 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 utility charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility billelectricity xxxx, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record (including, without limitation, taxes specifically applicable to such utility charges), plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing electricity utility accounts; Resident acknowledges that such third-party providers are not utility providers. 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 utility incurred by Residentutility, 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(s) 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: water/sewer, Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents legally in possession for the applicable period) for the apartment’s 's usage of electricity, natural electricity and gas, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, each applied pro-rata to any partial billing cycle, subject to a monthly credit for the apartment's usage of electricity and natural gas calculated as follows: $70.00 per month for a one bedroom apartment, $45.00 per month per resident for a two bedroom apartment, $35.00 per month per resident for a four bedroom townhome and $30.00 per month per resident for a five bedroom cottage. Resident will be responsible for arranging and paying for telephone and other desired utilities, and for his or her pro-rata share of electricity and gas charges during the term of this Agreement, regardless of actual date of move-in or move-out. No refund or credit will be provided for usage below the applicable allowance level, if any. In connection with the administration of utility electricity and gas billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility electricity or gas bill, at Owner’s 's discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner’s 's option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility electricity and gas allocations and billing services. Upon Resident’s 's request, Owner will provide copies of applicable utility bills. To At Owner's option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any utility electricity and gas 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 utility electricity and gas charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility electricity and gas bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record (including, without limitation, taxes specifically applicable to such utility charges)record, plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing electricity accounts; Resident acknowledges that such third-party providers are not utility providers. 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 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 '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 are included in the Total Rent set forth in this Agreement: water/sewer, Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents legally in possession for the applicable period) for the apartment’s usage of electricity, natural electricity and gas, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, each applied pro-rata to any partial billing cycle, subject to a monthly credit for the apartment's usage of electricity and natural gas calculated as follows: $70.00 per month for a one bedroom apartment, $45.00 per month per resident for a two bedroom apartment, $35.00 per month per resident for a four bedroom townhome and $30.00 per month per resident for a five bedroom cottage. Resident will be responsible for arranging and paying for telephone and other desired utilities, and for his or her pro-rata share of electricity and gas charges during the term of this Agreement, regardless of actual date of move-in or move-out. No refund or credit will be provided for usage below the applicable allowance level, if any. In connection with the administration of utility electricity and gas billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first utility electricity or gas bill, at Owner’s discretion), a single up-front billing service fee of up to $72.00 (or alternately, at Owner’s option, a service fee of up to $6.00 per monthly bill) for administration, billing, overhead and similar expenses and charges incurred by Owner for providing utility electricity and gas allocations and billing services. Upon Resident’s request, Owner will provide copies of applicable utility bills. To At Owner’s option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any utility electricity and gas 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 utility electricity and gas charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each utility electricity and gas bill, Resident may be charged and agrees to pay promptly to Owner any other miscellaneous charges billed by the utility provider and payable by the customer of record (including, without limitation, taxes specifically applicable to such utility charges)record, plus late payment fees and/or NSF fees, as may be applicable, in the amounts stated in paragraph 2 of this Agreement, as liquidated estimates of costs incurred in connection with the administration and collection of late payment. Owner may elect to use one or more third-party service providers for providing, billing and/or servicing electricity accounts; Resident acknowledges that such third-party providers are not utility providers. 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 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