Common use of Utilities and Expenses Clause in Contracts

Utilities and Expenses. Any charges in excess of the Utility Caps may be billed on a monthly or quarterly basis, in the Landlord’s sole discretion, as additional rent to the Tenant as provided in Section 2 of this Lease. Landlord may, in its sole discretion, elect to use a third-party company as its agent and/or the utility billing provider representative with respect to providing, billing, and/or servicing the tenant utility account. Tenant acknowledges that the third-party company in not a utility. Landlord shall not be liable, for any interruption or failure of any such utility service to the Facility, or for any damage directly or proximately caused thereby, except if caused by landlord’s intentional acts, omissions or negligence. Xxxxxxxx’s sole obligation is to be reasonably diligent in Landlord’s effort to restore and maintain any such service which is interrupted. Tenant shall be solely responsible for acquiring and maintaining, at Tenant’s sole cost and expense, any and all utilities, other than those specifically set forth in this paragraph as Landlord’s responsibility. As applicable in this paragraph, any utility or service whose payment is solely the responsibility of Tenant must be placed/changed into legal name of Tenant immediately upon occupancy of Unit. Failure to place appropriate utilities and services in legal name of Tenant may result in a $25.00 processing fee. Landlord reserves the right to pay outstanding utility and service bills of Tenant and bill Tenant an associated rental amount in addition to nominal administrative fees to cover costs incurred. 1. Charges referenced in section B above shall be calculated with one of the following methods. Please contact the property management for more specific details on methods used for your Unit: a. Direct metering by the local utility. The local utility measures utility usage in each Unit and bills Landlord directly for such charges. Charges for each unit will be divided equally by the number of tenants in each unit to calculate the charges for each bedroom.

Utilities and Expenses. Any charges in excess of the Utility Caps may be billed on a monthly or quarterly basis, in the Landlord’s sole discretion, as additional rent to the Tenant as provided in Section 2 of this Lease. Landlord may, in its sole discretion, elect to use a third-party company as its agent and/or the utility billing provider representative with respect to providing, billing, and/or servicing the tenant utility account. Tenant acknowledges that the third-party company in is not a utility. Landlord shall not be liable, under any circumstances, for any interruption or failure of any such utility service to the Facility, or for any damage directly or proximately caused thereby, except if caused by landlord’s intentional acts, omissions or negligence. XxxxxxxxLandlord’s sole obligation is to be reasonably diligent in Landlord’s effort to restore and maintain any such service which is interrupted. Tenant shall be solely responsible for acquiring and maintaining, at Tenant’s sole cost and expense, any and all utilities, other than those specifically set forth in this paragraph as Landlord’s responsibility. As applicable in this paragraph, any utility or service whose payment is solely the responsibility of Tenant must be placed/changed into legal name of Tenant immediately upon occupancy of Unit. Failure to place appropriate utilities and services in legal name of Tenant may result in a $25.00 processing fee. Landlord reserves the right to pay outstanding utility and service bills of Tenant and bill Tenant an associated rental amount in addition to nominal administrative fees to cover costs incurred. 1. Charges referenced in section B above shall be calculated with one of the following methods. Please contact the property management for more specific details on methods used for your Unit: a. Direct metering by the local utility. The local utility measures utility usage in each Unit apartment unit and bills Landlord directly for such charges. Charges for each apartment unit will be divided equally by the number of tenants in each apartment unit to calculate the charges for each bedroom. b. Full Capture Submetering. A submeter is installed in each apartment unit to measure the total amount of that utility used in the unit. Charges for each apartment unit will be calculated by multiplying the submetered usage for that unit by a utility rate based on the utility rates of the local utility provider (which may include base or fixed charges). Charges for each apartment unit will then be divided equally by the number of tenants in that apartment unit to calculate the charges for each bedroom. Tenant acknowledges that the rates charged for the utility service may not match the rate of the local utility (as that rate may not be appropriate to charge to an individual tenant), but that the rates used are designed in a manner to allocate Landlord’s actual utility costs to the apartment units. c. Partial Capture Submetering. A submeter is installed in the each apartment unit to measure a portion of the utility usage in each apartment unit. The Landlord’s utility bills will be allocated to each apartment unit based on a percentage assigned to each apartment unit based on the amount of utilities used in that apartment unit compared to the total amount of that utilities used by all the tenants at the property. Charges for each apartment unit will then be divided equally by the number of tenants in that apartment unit to calculate the charges for each bedroom. Prior to allocating the property’s utility bills using the method described above, Landlord may or may not deduct an amount to account for common area usage. Landlord and Tenant agree that the exact amount of the utilities consumed in Tenant’s unit and the exact amount of utilities used in the common area cannot be determined precisely, but that the methods described above to calculate those amounts are reasonably accurate estimates thereof.

Utilities and Expenses. Any charges in excess of the Utility Caps may be billed on a monthly or quarterly basis, in the Landlord’s sole discretion, as additional rent to the Tenant as provided in Section 2 of this Lease. Landlord may, in its sole discretion, elect to use a third-party company as its agent and/or the utility billing provider representative with respect to providing, billing, and/or servicing the tenant utility account. Tenant acknowledges that the third-party company in not a utility. Landlord shall not be liable, for any interruption or failure of any such utility service to the Facility, or for any damage directly or proximately caused thereby, except if caused by landlord’s intentional acts, omissions or negligence. XxxxxxxxLandlord’s sole obligation is to be reasonably diligent in Landlord’s effort to restore and maintain any such service which is interrupted. Tenant shall be solely responsible for acquiring and maintaining, at Tenant’s sole cost and expense, any and all utilities, other than those specifically set forth in this paragraph as Landlord’s responsibility. As applicable in this paragraph, any utility or service whose payment is solely the responsibility of Tenant must be placed/changed into legal name of Tenant immediately upon occupancy of Unit. Failure to place appropriate utilities and services in legal name of Tenant may result in a $25.00 processing fee. Landlord reserves the right to pay outstanding utility and service bills of Tenant and bill xxxx Tenant an associated rental amount in addition to nominal administrative fees to cover costs incurred. 1. Charges referenced in section B above shall be calculated with one of the following methods. Please contact the property management for more specific details on methods used for your Unit: a. : Direct metering by the local utility. The local utility measures utility usage in each Unit and bills Landlord directly for such charges. Charges for each unit will be divided equally by the number of tenants in each unit to calculate the charges for each bedroom. Full Capture Sub metering. A sub meter is installed in each unit to measure the total amount of that utility used in the unit. Charges for each unit will be calculated by multiplying the sub metered usage for that unit by a utility rate based on the utility rates of the local utility provider (which may include base or fixed charges). Charges for each unit will then be divided equally by the number of tenants in that unit to calculate the charges for each Bedroom. Tenant acknowledges that the rates charged for the utility service may not match the rate of the local utility (as that rate may not be appropriate to charge to an individual tenant), but that the rates used are designed in a manner to allocate Landlord’s actual utility costs to the units. Partial Capture Sub metering. A sub meter is installed in the each unit to measure a portion of the utility usage in each unit. The Landlord’s utility bills will be allocated to each unit based on a percentage assigned to each unit based on the amount of utilities used in that unit compared to the total amount of that utilities used by all the tenants at the Facility. Charges for each unit will then be divided equally by the number of tenants in that unit to calculate the charges for each Bedroom. Prior to allocating the Facility’s utility bills using the method described above, Landlord may or may not deduct an amount to account for common area usage. Landlord and Tenant agree that the exact amount of the utilities consumed in Tenant’s unit and the exact amount of utilities used in the common area cannot be determined precisely, but that the methods described above to calculate those amounts are reasonably accurate estimates thereof.

Utilities and Expenses. Any charges in excess of the Utility Caps may be billed on a monthly or quarterly basis, in the Landlord’s sole discretion, as additional rent to the Tenant as provided in Section 2 of this Lease. Landlord may, in its sole discretion, elect to use a third-party company as its agent and/or the utility billing provider representative with respect to providing, billing, and/or servicing the tenant utility account. Tenant acknowledges that the third-party company in not a utility. Landlord shall not be liable, for any interruption or failure of any such utility service to the Facility, or for any damage directly or proximately caused thereby, except if caused by landlord’s intentional acts, omissions or negligence. Xxxxxxxx’s sole obligation is to be reasonably diligent in Landlord’s effort to restore and maintain any such service which is interrupted. Tenant shall be solely responsible for acquiring and maintaining, at Tenant’s sole cost and expense, any and all utilities, other than those specifically set forth in this paragraph as Landlord’s responsibility. As applicable in this paragraph, any utility or service whose payment is solely the responsibility of Tenant must be placed/changed into legal name of Tenant immediately upon occupancy of Unit. Failure to place appropriate utilities and services in legal name of Tenant may result in a $25.00 processing fee. Landlord reserves the right to pay outstanding utility and service bills of Tenant and bill Tenant an associated rental amount in addition to nominal administrative fees to cover costs incurred. 1. Charges referenced in section B above shall be calculated with one of the following methods. Please contact the property management for more specific details on methods used for your Unit: a. : Direct metering by the local utility. The local utility measures utility usage in each Unit and bills Landlord directly for such charges. Charges for each unit will be divided equally by the number of tenants in each unit to calculate the charges for each bedroom. Full Capture Sub metering. A sub meter is installed in each unit to measure the total amount of that utility used in the unit. Charges for each unit will be calculated by multiplying the sub metered usage for that unit by a utility rate based on the utility rates of the local utility provider (which may include base or fixed charges). Charges for each unit will then be divided equally by the number of tenants in that unit to calculate the charges for each Bedroom. Tenant acknowledges that the rates charged for the utility service may not match the rate of the local utility (as that rate may not be appropriate to charge to an individual tenant), but that the rates used are designed in a manner to allocate Landlord’s actual utility costs to the units. Partial Capture Sub metering. A sub meter is installed in the each unit to measure a portion of the utility usage in each unit. The Landlord’s utility bills will be allocated to each unit based on a percentage assigned to each unit based on the amount of utilities used in that unit compared to the total amount of that utilities used by all the tenants at the Facility. Charges for each unit will then be divided equally by the number of tenants in that unit to calculate the charges for each Bedroom. Prior to allocating the Facility’s utility bills using the method described above, Landlord may or may not deduct an amount to account for common area usage. Landlord and Tenant agree that the exact amount of the utilities consumed in Tenant’s unit and the exact amount of utilities used in the common area cannot be determined precisely, but that the methods described above to calculate those amounts are reasonably accurate estimates thereof.

Utilities and Expenses. Any charges in excess of the Utility Caps may be billed on a monthly or quarterly basis, in the Landlord’s sole discretion, as additional rent to the Tenant as provided in Section 2 of this Leasethe Terms and Conditions. Landlord may, in its sole discretion, elect to use a third-party company as its agent and/or the utility billing provider representative with respect to providing, billing, and/or servicing the tenant utility account. Tenant acknowledges that the third-party company in is not a utility. Tenant acknowledges that there may be interruptions (i.e. wind, rain, fire or other acts of God) of utility service to the Premises. Tenant agrees to contact Landlord shall not be liable, for and/or the appropriate utility authority within a reasonable period of time in the event of any interruption or failure of any such utility service to the Facility, or for any damage directly or proximately caused thereby, except if caused by landlord’s intentional acts, omissions or negligenceservice. XxxxxxxxLandlord’s sole obligation is to be reasonably diligent in Landlord’s effort to restore and maintain any such service which is interrupted. Tenant shall be solely responsible for acquiring and maintaining, at Tenant’s sole cost and expense, any and all utilities, other than those specifically set forth in this paragraph as Landlord’s responsibility. As applicable in this paragraph, any utility or service whose payment is solely the responsibility of Tenant must be placed/changed into legal name of Tenant immediately upon occupancy of Unit. Failure to place appropriate utilities and services in legal name of Tenant may result in a $25.00 processing fee. Landlord reserves the right to pay outstanding utility and service bills of Tenant and bill Tenant an associated rental amount in addition to nominal administrative fees to cover costs incurred. 1. Charges referenced in section B above shall be calculated with one of the following methods. Please contact the property management for more specific details on methods used for your Unit: a. Direct metering by the local utility. The local utility measures utility usage in each Unit and bills Landlord directly for such charges. Charges for each unit Unit will be divided equally by the number of tenants in each unit Unit to calculate the charges for each bedroomBedroom. b. Full Capture Submetering. A submeter is installed in each Unit to measure the total amount of that utility used in the Unit. Charges for each Unit will be calculated by multiplying the submetered usage for that Unit by a utility rate based on the utility rates of the local utility provider (which may include base or fixed charges). Charges for each Unit will then be divided equally by the number of tenants in that Unit to calculate the charges for each Bedroom. Tenant acknowledges that the rates charged for the utility service may not match the rate of the local utility (as that rate may not be appropriate to charge to an individual tenant), but that the rates used are designed in a manner to allocate Landlord’s actual utility costs to the Units. c. Partial Capture Submetering. A submeter is installed in each Unit to measure a portion of the utility usage in each Unit. Landlord’s utility bills will be allocated to each Unit based on a percentage assigned to each Unit based on the amount of utilities used in that Unit compared to the total amount of that utilities used by all tenants at the Facility. Charges for each Unit will then be divided equally by the number of tenants in that Unit to calculate the charges for each Bedroom. Prior to allocating the property’s utility bills using the method described above, Landlord may or may not deduct an amount to account for common area usage. Landlord and Tenant agree that the exact amount of the utilities consumed in Tenant’s Unit and the exact amount of utilities used in the common area cannot be determined precisely, but that the methods described above to calculate those amounts are reasonably accurate estimates thereof.