Common use of Utilities; Amenities Clause in Contracts

Utilities; Amenities. The following utilities are included in the Total Rent set forth in this Agreement: Internet access, water/sewer and valet trash pickup/disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual contracted residents of the apartment) for the apartment’s usage of electricity, applied pro-rata to any partial billing cycle, to the extent such pro-rata share of electricity cost exceeds a monthly allowance of $25 per contracted resident. Resident is responsible, together with other residents of the assigned apartment, for arranging and paying for other desired utilities such as cable television and telephone. Resident is responsible for his or her pro-rata share of electricity 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 allowance levels. In connection with the administration of electricity billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first electricity bill, at Owner’s discretion), a single up-front billing service fee of $60 (or alternately, at Owner’s option, a service fee of $5.00 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 electricity bills. At Owner’s option, 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 utility charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each electricity bill, Resident may be charged and agrees to pay promptly to Owner 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 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 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 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 access and valet trash pickup/disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual contracted residents of legally in possession for the apartmentapplicable period) for the apartment’s usage of electricity, water/sewer, and any other public utility charges (including sanitation, fire service, stormwater drainage or roadway maintenance) billed with respect to Resident’s apartment, applied pro-rata to any partial billing cycle, to . Water/sewer charges will be calculated by multiplying the extent such pro-rata share of electricity cost exceeds a monthly allowance of $25 per contracted resident. Resident is responsible, together with other residents submetered consumption of the assigned apartmentResident’s apartment by the effective usage rate with applicable taxes, surcharges and fees as charged by the utility provider, determined by dividing the provider’s bill for arranging and paying for other desired utilities such as cable television and telephone. Resident is responsible for his or her pro-rata share of electricity 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 entire Property by the allowance levelsconsumption total stated on the provider’s bill. In connection with the administration of electricity utility billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first electricity utility bill, at Owner’s discretion), a single up-front billing service fee of up to $60 72.00 (or alternately, at Owner’s option, a service fee of up to $5.00 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 electricity utility bills. At Owner’s option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity 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 utility billing laws and regulations. As part of each electricity 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 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 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, 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 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 access, water/sewer and valet trash pickup/disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual contracted residents of the apartment) for the apartment’s usage of electricity, applied pro-rata to any partial billing cycle, to the extent such pro-rata share of electricity cost exceeds a monthly allowance of $25 per contracted resident. Resident is responsible, together with other residents of the assigned apartment, for arranging and paying for other desired utilities such as cable television and telephone. Resident is responsible for his or her pro-rata share of electricity 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 allowance levels. In connection with the administration of electricity billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first electricity billxxxx, at Owner’s discretion), a single up-front billing service fee of $60 (or alternately, at Owner’s option, a service fee of $5.00 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 electricity bills. At Owner’s option, 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 utility charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each electricity billxxxx, Resident may be charged and agrees to pay promptly to Owner 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 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 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 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 access, water/sewer and valet trash pickup/disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual contracted residents of the apartment) for the apartment’s usage of electricity, applied pro-rata to any partial billing cycle, to the extent such pro-rata share of electricity cost exceeds a monthly allowance of $25 per contracted resident. Resident is responsible, together with other residents of the assigned apartment, for arranging and paying for other desired utilities such as cable television and telephone. Resident is responsible for his or her pro-rata share of electricity 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 allowance levels. In connection with the administration of electricity billing during the term of this Agreement, Resident will pay prior to occupying the assigned apartment (or on the first electricity billxxxx, at Owner’s discretion), a single up-front billing service fee of $60 54 (or alternately, at Owner’s option, a service fee of $5.00 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 electricity bills. At Owner’s option, 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 utility charges for the apartment and pursuant to applicable utility billing laws and regulations. As part of each electricity billxxxx, Resident may be charged and agrees to pay promptly to Owner 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 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 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 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