Utilities; Amenities The following utilities are included in the Total Rent set forth in this Agreement: Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of contracted residents in possession for the applicable period) for the apartment's usage of electricity and water, applied pro-rata to any partial billing cycle. Resident will be responsible for his or her pro-rata share of electricity and water 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 any applicable allowance levels. 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. At Owner's option, to the extent permitted by law, Resident may be pre-billed for the estimated amount of charges for any electricity and/or water 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 and/or water charges for the apartment and pursuant to applicable utility billing laws and 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, 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. 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
KITCHEN Discard all leftover food in large trash receptacle in kitchen and empty any smaller trash receptacles if used into large trash can in kitchen. Empty large trash bin into the dumpster, (if feasible). If not, please notify front desk. Flatware is to be pre-soaked, washed in dishwasher, dried, returned to drawers and placed facing in the same direction. Dishes, glassware, chopping boards, cooking utensils, pots/pans, baking sheets etc. should be washed in accordance with the instructions on the dish washing machine and returned DRY to dish carts and cupboards. Please check for lipstick/chap stick marks and clean those off accordingly before putting glasses/cups away. Wipe down outside of dishwasher, empty dishwasher food trap into trash and wash out. Counters and sinks wiped down with the water and bleach solution. If used, please wipe inside and out microwave oven; wall/warming ovens, inside the refrigerator and refrigerator door. Run garbage disposal in large double sink by dishwashing machine to clear food waste (Please do not put any food waste in small sinks). Wipe out Alto-Shaam (Warming Ovens) and clean food trays if used. Rinse out any Dish Tubs. Empty any tubs of excess ice outside, if used. Sweep floor of food debris. Empty large trash bin into the dumpster (if feasible). If not please notify front desk. B BQ’s: Make sure propane is turned off after use Clean grill racks with wire brush and wipe up any spills /food debris from the BBQ Leave outside to cool. Please check with Front Desk regarding storage of cold and cleaned BBQ’s PATIO: Return outdoor umbrellas and furniture to original positions. Wipe down outdoor furniture if spills have occurred. Dispose of trash/food waste and cigarette butts in trash receptacles. The following applies if any food and/or beverages have been served in these rooms: GREAT ROOM: Wipe down tables with bleach /water solution. (Located under the sink in the kitchen next to the coffee maker). If linens have been used or rented, please shake off any food debris in trash receptacles and place linens in mesh bags provided. Sorting by color or type is not necessary. Notify front desk of any beverage spills as soon as they occur. Empty any trash receptacles into large trash can in kitchen and then empty that into the dumpster (if feasible). If not please notify front desk. Sweep/Vacuum carpet of any food debris. (These items are located in the cupboard next to Men’s restroom.
