Common use of Controlled Access Clause in Contracts

Controlled Access. a. The Facility may be furnished with a controlled access device (the “Controlled Access”), subject to the terms and conditions of this Section. Resident acknowledges that any benefit Resident receives from the Controlled Access is incidental to the existence of controlled access. Resident acknowledges and agrees that the Landlord’s installation and use of the Controlled Access does not constitute a voluntary undertaking, representation or agreement by Landlord to provide security to Resident or any guest of the Unit. There is no guarantee that the presence of the Controlled Access will in any way increase personal security or safety of Resident, Resident’s guests or their respective belongings. The Controlled Access can be rendered inoperative at any time. Resident acknowledges and agrees that Landlord has no obligation to maintain the Controlled Access, and Landlord may temporarily or permanently remove the Controlled Access at any time without providing alternative controlled access to the Facility. To the full extent permitted by applicable law, Landlord shall not be liable to Resident or any guest of the Facility for any injury, damage, or loss whatsoever which is caused as a result of any problem, defect, malfunction or failure of the performance of the Controlled Access, or for any injury, assault, vandalism or other crime occurring at the Facility. Resident acknowledges Landlord shall not be liable in any way for any disruption in the operation or performance of the Controlled Access. b. Resident acknowledges that an access device (“Access Device”) is required to operate the Controlled Access. Resident represents and warrants that Resident understands how to use the Controlled Access and how the Controlled Access functions. Resident will not act in any way to impair the use or function of the Controlled Access. Resident agrees to use reasonable care in the operation of the Controlled Access and to comply with any and all instructions, rules or procedures instituted by Landlord regarding the operation of the same. Should Resident fail to return the Access Device to Landlord upon request, or should Resident lose or damage the Access Device, Resident shall be liable for the Replacement Access Device Fee.

Controlled Access. a. The Facility may be furnished with a controlled access device (the “Controlled Access”), subject to the terms and conditions of this Section. Resident acknowledges that any benefit Resident receives from the Controlled Access is incidental to the existence of controlled access. Resident acknowledges and agrees that the Landlord’s installation and use of the Controlled Access does not constitute a voluntary undertaking, representation or agreement by Landlord to provide security to Resident or any guest of the Unit. There is no guarantee that the presence of the Controlled Access will in any way increase personal security or safety of Resident, Resident’s guests or their respective belongings. The Controlled Access can be rendered inoperative at any time. Resident acknowledges and agrees that Landlord ▇▇▇▇▇▇▇▇ has no obligation to maintain the Controlled Access, and Landlord may temporarily or permanently remove the Controlled Access at any time without providing alternative controlled access to the Facility. To the full extent permitted by applicable law, Landlord shall not be liable to Resident or any guest of the Facility for any injury, damage, or loss whatsoever which is caused as a result of any problem, defect, malfunction or failure of the performance of the Controlled LPM Rev 08.2020 Page 1 of 2 Access, or for any injury, assault, vandalism or other crime occurring at the Facility. Resident acknowledges Landlord shall not be liable in any way for any disruption in the operation or performance of the Controlled Access. b. Resident acknowledges that an access device (“Access Device”) is required to operate the Controlled Access. Resident represents and warrants that Resident understands how to use the Controlled Access and how the Controlled Access functions. Resident will not act in any way to impair the use or function of the Controlled Access. Resident agrees to use reasonable care in the operation of the Controlled Access and to comply with any and all instructions, rules or procedures instituted by Landlord regarding the operation of the same. Resident hereby acknowledges that the Access Device is for Resident’s sole and exclusive use and the use of such Access Device by any person other than Resident shall constitute a Default under the Contract. Should Resident fail to return the Access Device to Landlord upon request, or should Resident lose or damage the Access Device, Resident shall be liable for the Replacement Access Device Fee.

Controlled Access. a. The Facility Apartment Community may be furnished equipped with a controlled access device an electronic gate or gates (the “Controlled AccessElectronic Gates”)) at one or more of the driveway entrances and/or exits of the Apartment Community. If present, subject Landlord installed the Electronic Gates in an effort to limit the number of individual(s) accessing the Apartment Community. The Electronic Gates, during business hours, restrict access to the terms Apartment Community for vendors, suppliers, movers, domestic personnel, nannies, potential residents, customers and conditions of this Sectionothers whose presence at the Apartment Community is deemed a benefit both for residents and for Landlord. Resident acknowledges that any benefit Resident receives from the Controlled Access is incidental to the existence of controlled access. Resident understands, acknowledges and agrees that the Landlord shall be entitled, in Landlord’s installation and use of sole discretion, to keep the Controlled Access does not constitute a voluntary undertakingElectronic Gates, representation or agreement by Landlord to provide security to Resident or any guest of the Unit. There is no guarantee that the presence of the Controlled Access will them, open in such a manner so as not to restrict any way increase personal security or safety of Resident, Resident’s guests or their respective belongings. The Controlled Access can be rendered inoperative at any time. Resident acknowledges and agrees that Landlord has no obligation to maintain the Controlled Access, and Landlord may temporarily or permanently remove the Controlled Access at any time without providing alternative controlled access to the FacilityApartment Community during the hours of 5:00 a.m. through 7:00 p.m. every day of every year. To Notwithstanding the full extent permitted by applicable lawforegoing, Landlord shall not be liable required to Resident keep the Electronic Gates, or any guest of them, open during such hours nor shall Landlord be required to provide residents with any notice of when or for what duration that Electronic Gates, or any of them, shall be open. Resident further understands, agrees and acknowledges that Landlord may make such other policies as Landlord deems appropriate regarding the Electronic Gates including, but not limited to, the removal and/or disabling of the Facility for any injury, damageElectronic Gates, or loss whatsoever which is caused any of them, with or without notice to residents. Resident understands, acknowledges and agrees that the Electronic Gates have been installed by Landlord strictly as a result means of any problem, defect, malfunction or failure limiting the accessibility of the performance Apartment Community to individual(s) and that the Electronic Gates are by no means an assurance, nor are they intended to be an assurance, of residents’ and/or residents’ guests’ personal or property safety and resident acknowledges that neither Landlord nor Manager make any representation, warranty or assurance regarding residents’ or residents’ guests’ personal or property safety. Resident agrees that the furnishing of the Controlled Access, Electronic Gates does not constitute a guarantee of the effectiveness of the Electronic Gates or for that the Electronic Gates will be operational or not otherwise subject to mechanical failure at any injury, assault, vandalism or other crime occurring at the Facilityparticular time. Resident acknowledges further agrees that the furnishing of the Electronic Gates does not impose an obligation upon Landlord shall not be liable to continue to furnish the Electronic Gates in the future. Accordingly, Resident hereby releases and holds harmless Landlord and Manager, and their respective agents, officers, directors, employees, partners, representatives and those acting for or on their behalf from and against any and all expenses, costs, claims, rights and causes of action arising from or in any way for any disruption in related to the operation or performance Electronic Gates, the use of the Controlled Access. b. Resident acknowledges that an access device (“Access Device”) is required to operate the Controlled Access. Resident represents and warrants that Resident understands how to use the Controlled Access and how the Controlled Access functions. Resident will not act in any way to impair the use or function of the Controlled Access. Resident agrees to use reasonable care in Electronic Gates, the operation of the Controlled Access and Electronic Gates, Landlord’s decision to comply with leave the Electronic Gates open at any and all instructionstime, rules or procedures instituted by Landlord regarding the maintenance of the Electronic Gates, the discontinuance of the use and/or operation of the same. Should Resident fail to return Electronic Gates and any malfunction of the Access Device to Landlord upon requestElectronic Gates, or should Resident lose or damage the Access Deviceincluding, Resident shall be liable for the Replacement Access Device Feebut not limited to, SUCH COSTS, EXPENSES, CLAIMS RIGHTS AND CAUSES OF ACTION ARISING FROM LANDLORD’S AND/OR MANAGER’S NEGLIGENCE.

Controlled Access. a. The Facility may be furnished with a controlled access device (the “Controlled Access”), subject to the terms and conditions of this Section. Resident acknowledges that any benefit Resident receives from the Controlled Access is incidental to the existence of controlled access. Resident acknowledges and agrees that the Landlord’s installation and use of the Controlled Access does not constitute a voluntary undertaking, representation or agreement by Landlord to provide security to Resident or any guest of the Unit. There is no guarantee that the presence of the Controlled Access will in any way increase personal security or safety of Resident, Resident’s guests or their respective belongings. The Controlled Access can be rendered inoperative at any time. Resident acknowledges and agrees that Landlord ▇▇▇▇▇▇▇▇ has no obligation to maintain the Controlled Access, and Landlord may temporarily or permanently remove the Controlled Access at any time without providing alternative controlled access to the Facility. To the full extent permitted by applicable law, Landlord shall not be liable to Resident or any guest of the Facility for any injury, damage, or loss whatsoever which is caused as a result of any problem, defect, malfunction or failure of the performance of the Controlled Access, or for any injury, assault, vandalism or other crime occurring at the Facility. Resident acknowledges Landlord shall not be liable in any way for any disruption in the operation or performance of the Controlled Access. b. Resident acknowledges that an access device (“Access Device”) is required to operate the Controlled Access. Resident represents and warrants that Resident understands how to use the Controlled Access and how the Controlled Access functions. Resident will not act in any way to impair the use or function of the Controlled Access. Resident agrees to use reasonable care in the operation of the Controlled Access and to comply with any and all instructions, rules or procedures instituted by Landlord regarding the operation of the same. Resident hereby acknowledges that the Access Device is for Resident’s sole and exclusive use and the use of such Access Device by any person other than Resident shall constitute a Default under the Contract. Should Resident fail to return the Access Device to Landlord upon request, or should Resident lose or damage the Access Device, Resident shall be liable for the Replacement Access Device Fee.

Controlled Access. a. The Facility may be furnished with a controlled access device (the “Controlled Access”), subject to the terms and conditions of this Section. Resident acknowledges that any benefit Resident receives from the Controlled Access is incidental to the existence of controlled access. Resident acknowledges and agrees that the Landlord’s installation and use of the Controlled Access does not constitute a voluntary undertaking, representation or agreement by Landlord to provide security to Resident or any guest of the Unit. There is no guarantee that the presence of the Controlled Access will in any way increase personal security or safety of Resident, Resident’s guests or their respective belongings. The Controlled Access can be rendered inoperative at any time. Resident acknowledges and agrees that Landlord ▇▇▇▇▇▇▇▇ has no obligation to maintain the Controlled Access, and Landlord may temporarily or permanently remove the Controlled Access at any time without providing alternative controlled access to the Facility. To the full extent permitted by applicable law, Landlord shall not be liable to Resident or any guest of the Facility for any injury, damage, or loss whatsoever which is caused as a result of any problem, defect, malfunction or failure of the performance of the Controlled Access, or for any injury, assault, vandalism or other crime occurring at the Facility. Resident acknowledges Landlord shall not be liable in any way for any disruption in the operation or performance of the Controlled Access. b. Resident acknowledges that an access device (“Access Device”) is required to operate the Controlled Access. Resident represents and warrants that Resident understands how to use the Controlled Access and how the Controlled Access functions. Resident will not act in any way to impair the use or function of the Controlled Access. Resident agrees to use reasonable care in the operation of the Controlled Access and to comply with any and all instructions, rules or procedures instituted by Landlord regarding the operation of the same. Should Resident fail to return the Access Device to Landlord upon request, or should Resident lose or damage the Access Device, Resident shall be liable for the Replacement Access Device Fee.