Housing Contract & Terms and Conditions of the Contract for Housing at Cross at The University of Oklahoma

Transcription

1 Housing Contract & Terms and Conditions of the Contract for Housing at Cross at The University of Oklahoma This Housing Contract & Terms and Conditions (collectively, this Contract ) entered into by and between and Provident Oklahoma Education Resources Inc., an Oklahoma nonprofit corporation ( Landlord ), for lease of certain assigned space (the Premises ) in that student housing facility known as the Cross located at 1691 Asp Avenue, Norman, Oklahoma 73019, on the campus of the University of Oklahoma, Norman, Oklahoma (the University ). Each tenant under this Contract for Cross is referred to is Contract as Resident. This Contract may be modified from time to time at Landlord s discretion. Landlord, in compliance with all applicable federal and state laws and regulations, does not discriminate in any of its policies, practices or procedures on the basis of race, color, national origin, sex, sexual orientation, genetic information, gender identity, gender expression, age, religion, disability, political beliefs, status as a veteran or familial status. MANAGER: Landlord has engaged a property manager (the Manager ) to enter into this Contract on Landlord s behalf and to conduct and handle all business for Cross, including the Premises. This includes addressing select Resident issues, establishing and enforcing certain policies and procedures, and collection of rent and other fees owed under this Contract (except for certain billing matters handled by the University see RENT below). The manager is Capstone On-Campus Management, LLC. Resident will be notified if any successor manager is engaged. Manager will handle all matters regarding issues, policies, and procedures outlined in Landlord s policies. Note that when the term Landlord is referenced in this Contract, it is deemed to include Manager acting on Landlord s behalf. ELIGIBILITY: To the extent permitted by applicable law, housing is provided only to individuals who meet at least one of the following criteria: a) University students (undergraduate sophomores, juniors, and seniors; graduate students and law students; and professional students); b) University students with partners and/or families; c) Regular University faculty and/or University staff; d) University visiting scholars and/or guest lecturers at the University for one or more academic years; or e) other persons participating in any University sponsored or approved activity. Resident agrees to notify Landlord immediately in writing if Resident no longer meets one of the above criteria at any time during the Term. Audit courses, correspondence courses (Independent Study), CLEP, Concurrent Enrollment, Advanced Standing, Intersession, and courses taken at other schools that are taught on the Norman Campus do not apply toward eligibility requirements. OCCUPANCY: Subject to the terms of this Contract, Landlord grants to Resident the right to occupy the Premises for the Term, unless such right of occupancy is terminated sooner in accordance with this Contract. For purposes of this Contract, Premises includes each of the following: (a) Resident s sole use of a bedroom ( Bedroom ) in a housing suite ( Suite ) in Cross. Resident s specific Suite and Bedroom will be assigned by Landlord (either itself or in coordination with the University) prior to Resident moving into the Suite; (b) Resident s use of the Common Areas in the Suite, which are those areas within the Suite to which Resident has access without going into another bedroom, and include any appliances, electronics and furniture (if any) in those areas. (Resident will have sole use of the Common Areas in the Suite if Resident has sole occupancy of it but will share the Common Areas in the Suite in common if another Cross resident also occupies the Suite); and (c) Together with the other residents of Cross, Resident s shared use of the Common Areas in Cross (for purposes of this Contract, Common Areas of Cross are those areas within Cross to which all residents have general access). COMMUNITY POLICIES: Resident agrees to observe and comply with all provisions of the community policies adopted and posted by Landlord and the University applicable to housing, and any subsequent amendments or modifications thereto, including, without limitation, the University Student Rights and Responsibilities Code and the Cross Community Living Guide (collectively the Community Policies ). Resident acknowledges that Resident has access to, has read, and understands the Community Policies and understands that if Resident violates any of the Community Policies, Resident is in violation of this Contract. The University Student Rights and Responsibilities Code and the Cross Community Living Guide may be accessed at The Community Policies are incorporated in this Contract, and Landlord and the University, as applicable, can revise, amend, expand or discontinue the Community Policies in their sole Page 1 of 7

2 discretion by posting a notice on a bulletin board or in another manner (including electronically) that Landlord designates for notices to residents or by otherwise notifying residents. In the event of any conflict between the terms and conditions of this Contract and the Community Policies, this Contract will govern. TERM OF THIS CONTRACT: The term of this Contract (the Term ) will commence on August 14, 2019 (the Contract Commencement Date ) and, will automatically expire on May 9, 2020 (the Contract Expiration Date ). Resident may move in and otherwise occupy the Premises beginning the Contract Commencement Date (the Move-In Date ). DELAYED OCCUPANCY: If the Premises are not ready for occupancy on the Contract Commencement Date, Landlord will not be liable to Resident for any damages, but Landlord will have the obligation to provide suitable alternative housing to Resident on a temporary basis at no additional cost to Resident until such time as Resident s Premises is complete and ready for occupancy. In addition, while Resident is located at the alternative housing, Landlord will provide transportation services (in the event the alternative housing is located at a materially greater distance from the University than Cross), meals or a reasonable meal allowance, reasonable moving services, and reasonable and necessary storage facilities. Notwithstanding anything to the contrary in this Contract, Resident agrees that any such delay in occupancy will not affect any of the other terms of this Contract, including Resident s obligation to pay Rent (or any installment thereof) as set forth in this Contract. RENT: In consideration for the right to occupy the Premises for the Term, Resident hereby agrees to make payments of Rent in accordance with this Contract. Rent is defined as the following based on preference selections made below by Resident: One Bedroom Suite - $ per academic year Two Bedroom Suite - $ per academic year Four Bedroom Suite - $ per academic year Four Bedroom Corner Suite - $ per academic year Four Bedroom End Suite - $ per academic year Rent will be billed by the semester and invoiced by the University. Payment will be made to the University who will collect the funds on Landlord s behalf. Rent is due and must be paid in accordance with and by the deadlines set forth in the Cross Community Living Guide. If Resident is receiving financial aid, Resident s Rent will be deducted from Resident s financial aid at the sum necessary to pay the entire Rent for the semester. If Resident s financial aid is insufficient to cover the Rent charges, Resident will be responsible for the unpaid portion in accordance with the terms of this Contract. Anticipated receipt of financial aid does not relieve Resident from payment deadlines. Landlord will collect unpaid or past due Rent and other associated fees owing hereunder directly from Resident, including charges for damages or security deposits (if applicable). Landlord will notify Resident when such payment should be made directly to Landlord and will provide payment instructions at that time. SECURITY DEPOSIT: If Resident is required by Landlord, in its sole discretion, to require Resident to remit a security deposit (the Security Deposit ), such Security Deposit must be remitted to Landlord and is meant to secure Resident s full and faithful performance of all obligations under this Contract. The Security Deposit is not an advance payment of Rent and will not limit Landlord s damages if Resident violates this Contract. Upon termination of this Contract by reason of Resident s default hereunder or the expiration of the Term, to the extent permitted by applicable law, Landlord may deduct from the Security Deposit an amount sufficient to pay: (i) any damages as a result of Resident s non-payment of any installment of Rent, portion of Rent or non-fulfillment of the Term, including Resident s failure to enter into possession or abandonment of the Premises; (ii) any reasonable charges for cleaning and damages to the Premises beyond reasonable wear and tear for which Resident is responsible; (iii) any repair work or cleaning contracted for Resident with third parties; (iv) any cost of restoring or replacing furniture, furnishings or other items of personal property, if provided, other than due to normal wear and tear; and (v) any other damages that Landlord may sustain that may then be a permitted use of the Security Deposit under applicable law. Application of the Security Deposit in order to satisfy all or part of Resident s obligations will not prevent Landlord from claiming damages in excess of the Security Deposit. If the Security Deposit is reduced because Landlord has had to apply all or part of it to Resident s unpaid obligations, to the extent permitted by applicable law, Resident agrees that on written demand, Resident will deposit with Landlord, within three days, the funds necessary to restore the Security Deposit to its full amount. Resident cannot use the Security Deposit to offset or pay in advance any installment of Rent or any other charges under this Contract, but Landlord can use, in its discretion, all or any part of the Security Deposit, for any unpaid installment of Rent or other obligations. Upon a sale and conveyance of Cross, Landlord may transfer the Security Deposit to the new owner and upon such transfer, all of Landlord s liability for such Security Deposit will terminate, and Landlord will have no further liability under this Contract for events occurring after such transfer. Upon termination of this Contract, Resident must provide Landlord in writing with a forwarding address or new address to which any amount due may be sent. If Resident fails to provide such forwarding address, then any amount due will be sent to Resident at Resident s last known address. No interest will be paid on the Security Deposit unless required by applicable law. Page 2 of 7

3 FUTURE CONTRACTS: Landlord reserves the right to refuse future contracts to any Resident or person for whom Landlord is required to commence court action or for whom it expends any costs in order to obligate Resident in fulfilling its duties under this Contract. Landlord reserves the right to refuse future contracts to any Resident or other person whose contract has been terminated by Landlord or who has violated Community Policies. INSPECTION OF PREMISES ON MOVE-IN DATE: Except for what Resident specifies in writing in the Assessment Form (as described in the Cross Community Living Guide), Resident accepts the Premises, fixtures, appliances, electronics, and furniture in their "AS-IS" CONDITION, WITH ALL FAULTS AND IMPERFECTIONS AND ACKNOWLEDGES THAT THE PREMISES ARE SUITABLE FOR THEIR INTENDED PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LANDLORD MAKES NO, AND HEREBY DISCLAIMS ANY AND ALL, EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE PREMISES, FIXTURES, APPLIANCES, ELECTRONICS, EQUIPMENT OR FURNITURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR SUITABILITY. Resident is responsible for reasonably maintaining the cleanliness of the Premises as existing prior to Resident s occupancy and for damage to the Premises that is not described on the Assessment Form and to immediately report to Landlord any defective condition with the Premises, fixtures, appliances, electronics, or furniture. Any damage that exceeds normal wear and tear is subject to repair or replacement by Landlord at Resident s expense. Resident may not remove any items from the Premises during the Term without Landlord s prior written permission. LANDLORD S ACCESS DURING THE TERM: Landlord reserves the right (for itself, its agents, Manager, and the University, as applicable) to enter the Premises at all reasonable times in cases of emergency or for life, health, and safety issues. For all other matters, Landlord reserves the right (for itself, its agents, Manager, and the University, as applicable) to enter the Premises at all reasonable times upon giving 24 hours notice to Resident for the purpose of inspecting the Premises and to retrieve Cross and/or University property located therein without authorization, or to perform necessary repairs, alterations, improvements or maintenance, including to abate insects, rodents or other hazards to provide for the safety and well-being of residents, staff, and the Cross community. If Resident submits a service request to Landlord concerning the Premises, Landlord may access the Premises for the purpose of making requested repairs without any further notice to Resident. Landlord will have immediate access to the Premises in case of an emergency situation without Resident s consent. Resident s failure to permit such access will constitute a default under the terms of this Contract. By providing Resident s telephone number and address to Landlord, Resident gives express consent to Landlord, Manager, and/or third-party vendors acting on their behalf, to contact Resident at the number and provided, by either manually dialing the number or by using automated technology. REPAIRS AND ALTERATIONS; FIXTURES: Resident must not make repairs or alterations to the Premises or fixtures located within the Premises without Landlord s prior written permission. Resident must immediately notify Landlord of any damage to the Premises. Landlord will act with customary diligence to maintain fixtures, hot water, and heating and air conditioning equipment in the Premises as well as make all reasonable and necessary repairs to the Premises, subject to Resident s obligation to pay for damages for which Resident is liable, but during that time Resident may not stop payment of or reduce Rent that is otherwise due and payable. With or without notice, Landlord may temporarily turn off equipment and interrupt utilities to avoid property damage or to perform work requiring such interruption, as determined in Landlord s sole judgment. Neither Landlord nor Manager will be liable for any inconvenience, discomfort, disruptions or interference with Resident s use of the Premises because Manager or Landlord are making repairs, alterations or improvements to the Premises, the Suite, or Cross. If Resident requests any repairs, those repairs will be done during usual working hours unless Resident requests in writing that such repairs be done during other hours. If Landlord approves such request (and unless the repairs are required by an emergency), Resident will be required to pay in advance any additional charges (such as overtime) resulting from such request. RENTER S INSURANCE; PERSONAL PROPERTY: RESIDENT ACKNOWLEDGES AND AGREES THAT RESIDENT IS RESPONSIBLE FOR OBTAINING AND MAINTAINING INSURANCE TO COVER LOSSES OR DAMAGE TO RESIDENT S PERSONAL PROPERTY. RESIDENT ACKNOWLEDGES BEING ADVISED TO OBTAIN INSURANCE AT RESIDENT S COST TO PROTECT RESIDENT FROM CLAIMS FOR PROPERTY DAMAGE AND PHYSICAL INJURY CAUSED BY OR TO RESIDENT, OR RESIDENT S FAMILY MEMBER(S), INVITEES OR GUESTS. RESIDENT ACKNOWLEDGES THAT LANDLORD IS NOT RESPONSIBLE FOR RESIDENT S LOSSES RESULTING FROM FLOOD, EARTHQUAKES, NATURAL DISASTERS, POWER FAILURES, FIRE OR ANY OTHER CAUSE AS TO WHICH LANDLORD WAS NEITHER NEGLIGENT NOR THE PROXIMATE CAUSE OF RESIDENT S LOSS. PARKING: Resident acknowledges and agrees that the University, Parking & Transportation Services administers parking at an additional cost and under a separate agreement. PARKING ACCOMODATIONS ARE NOT PROVIDED BY LANDLORD UNDER THIS CONTRACT. Page 3 of 7

4 LIABILITY AND INDEMNITY: To the fullest extent permitted by and not inconsistent with applicable law, Resident agrees that Landlord, Manager, the University, and their respective affiliates, successors, assigns, officers, directors, employees, agents, contractors, consultants, vendors, and insurers (collectively, Landlord Group ) are not liable to Resident or Resident s family members, invitees, licensees, and guests (collectively Resident s Guests ) for any damages, injuries or losses to person or property caused by defects, disrepair or faulty construction of the Premises, or loss from crime, theft, vandalism, fire, smoke, pollution (including second hand smoke), water, lightning, rain, flood, hurricane, tornado, water leaks, hail, ice, snow, explosion, interruption of utilities, electrical shock, defect in any contents of the dwellings, latent defect, acts of nature, other unexplained phenomena, acts of other residents or any other cause unless the same is caused by the act or omission of a member of Landlord Group acting in the course and scope of employment. To the fullest extent permitted by and not inconsistent with applicable law, Resident agrees to indemnify, defend and hold each member of Landlord Group harmless from and against any and all claims for damages to the Premises or other property or personal injury arising from: (i) the use or occupancy of the Premises by Resident or Resident s Guests; (ii) any activity, work or thing done, permitted or suffered by Resident or Resident s Guests in or about the Premises; or (iii) any activity, work or thing done or permitted by any member of Landlord Group in or about the Premises, unless and to the extent the same is caused by the acts or omissions of Landlord Group acting in the course and scope of employment. Without limiting the foregoing, and notwithstanding anything to the contrary in this Contract, nothing in this Contract will be deemed to constitute the exculpation or limitation of any liability of any member of Landlord Group of any liability arising under law for damages or injuries to persons or property caused by or resulting from the respective acts or omissions of Landlord Group acting in the course and scope of employment. CASUALTY LOSS: In the event of fire or other casualty, Resident must immediately notify Landlord. If the Premises are partially destroyed by fire or other casualty not attributable to Resident or Resident s Guests, the Premises may be promptly restored and repaired by Landlord, and any installment(s) of Rent for the period that the Premises are not livable will abate, unless Landlord provides Resident with alternative living space, in which event such installments will not be abated. However, if the Premises are substantially destroyed, then this Contract may be terminated by Landlord, in which event the remaining unpaid installments of Rent due under this Contract will cease to accrue as of the date of such damage or destruction. Notwithstanding the foregoing, Resident expressly acknowledges that Resident will not be excused from paying any installment of Rent if the damage or destruction to the Premises is the result of or attributable to Resident or any of Resident s Guests, and Resident will be charged an additional fee for the cost of any repairs or clean-up. UTILITIES: Landlord agrees to use reasonable care in furnishing the following utilities: water, sewer, trash/recycling, electricity, and internet provided that Landlord will not be responsible to furnish such utilities in an emergency situation (including, without limitation, heating, air conditioning, water, gas, electricity, sewer, and garbage service). To the extent permitted by applicable law, Resident agrees that Landlord may select the utility providers for Cross. Resident must separately pay and provide required deposits and all other applicable fees or expenses for all utilities or services not included in the Rent, including, without limitation, cable or additional cable service (if available), and upgraded or expanded internet or additional internet service (if available). Resident acknowledges that all utilities will be used only for normal household purposes, must not be wasted, and will not be disconnected, whether for lack of payment or otherwise, at any time during the Term. Landlord will not be liable for any interruption, surge or failure of any utility services provided to the Premises or any damage directly or indirectly caused by the interruption, surge or failure. Landlord makes no representation and hereby disclaims any and all warranties, express or implied, with respect to the utility services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord, whether in writing or otherwise, except as otherwise explicitly included in this Contract, or in written documentation signed by the parties hereunder after the date of this Contract. Landlord does not warrant or guarantee the protection of Resident s privacy during operation of such services, that such services will satisfy Resident s requirements or that the operation of such services will be uninterrupted or error free. Resident acknowledges and agrees that no member of Landlord Group will be responsible to Resident for any non-economic, consequential, incidental, indirect or special damages, including lost profits, business interruption or other incidental, economic or punitive damages arising from breach of warranty, breach of this Contract, negligence or any other legal ground of action, or by reason of the use, discontinuation or modification of any utility services or the termination of any utility services, whether arising from Resident s use (or inability to use) of such services or otherwise. LANDLORD S RIGHTS REGARDING ROOM CHANGES: Landlord reserves the right to change Resident s bedroom or Suite assignment and to charge the prevailing rate for the new assignment. Resident is not entitled to any particular bedroom or Suite. Room changes normally will not be made during the first two weeks and the last two weeks of each semester. Resident may not change rooms without Landlord s prior written permission. In the event the room change request is approved, Resident may be responsible for any expenses related to turning the old bed space for a new resident. Page 4 of 7

5 ROOM ASSIGNMENTS: Subject to Landlord s discretion, room assignment preferences are prioritized based on the date Resident enters into and submits this Contract and by the needs of Resident. Resident may request his/her roommate; however, requests are not guaranteed and will only be accommodated based on availability and pursuant to Community Policies. If Resident has special needs based on disability or has other support needs, Resident should make those needs known to Landlord so that appropriate and reasonable accommodations may be made. RESIDENT S GUESTS; COMMON AREAS: Any violation of this Contract or the Community Policies by Resident s Guest will be considered a violation by Resident. Landlord has the right to exclude Resident s Guests or others who, in Landlord s sole judgment, have been in violation of this Contract, the Community Policies, or for disturbing other residents, neighbors, visitors or Landlord s representatives. Landlord can also exclude a person who refuses to or cannot identify himself or herself as Resident s Guest. SUBLEASES; CONTRACT TRANSFERS: Resident cannot sublease or license any part of the Premises to another person. However, Resident may be permitted to transfer Resident s rights under this Contract to another person if Landlord gives its prior written consent. The giving of such permission is at Landlord s discretion. Landlord is not responsible for finding a person to whom Resident can transfer this Contract, nor is Landlord obligated to assist Resident in finding a potential replacement. Even if Landlord agrees to the transfer, Resident will still be responsible for all of the obligations under this Contract unless Landlord specifically agrees, in writing, to release Resident. Resident acknowledges and agrees that a transfer fee in an amount determined by Landlord in its discretion may be required as compensation for the administrative expenses incurred by Landlord as a result of the transfer and not a penalty or payment for the use of money. Landlord s consent to one or more transfers will not be a waiver of its rights of consent to any future transfer. RELEASES FROM THIS CONTRACT; PROCEDURE ON RELEASE: If Resident withdraws from the University during the Term, Resident will remain financially responsible under this Contract for the remainder of the Term until a new resident for the Premises is found. (See SUBLEASES above). This Contract is binding upon Resident s acceptance of it, provided and only if Resident meets one of the eligibility criteria set forth in ELIGIBILITY above at the beginning of the Term. A release from this Contract may only be obtained under the following circumstances: (a) Complete withdrawal from the University prior to the Contract Commencement Date; (b) Release approved in writing by Landlord for documented conditions of exigent circumstances, such approval in Landlord s sole discretion and may be conditioned upon Resident locating a new resident for the Premises. (See SUBLEASES above); or (c) Graduation. If a release from this Contract is given, charges will continue to accrue and be immediately due and payable until Resident completes the proper procedures, as follows: (i) obtaining a withdrawal form from Landlord; (ii) having it signed by Landlord; and (iii) vacating and removing Resident s belongings from the Premises and surrender the Premises in as good a condition as on the date of this Contract with normal wear and tear excepted within 48 hours of the release. No refunds or credits will be given when withdrawal occurs during the first two or last two weeks of a semester. Resident will be charged and immediately owe the additional cost of repair. DEFAULTS BY RESIDENT: Resident is in violation of this Contract, to the extent permitted by applicable law, if: a) Resident no longer meet one of the eligibility criteria set forth in ELIGIBILITY above; b) Resident fails to pay any installment of Rent or any other amount owed under this Contract as directed by this Contract; c) Resident or Resident s Guest(s) violates this Contract, the Community Policies, or any fire, health, safety or criminal laws, regardless of whether arrest or conviction occurs; d) Resident fails to move into the Premises after completion of all required documentation, or, Resident abandon the Premises; e) Resident has made any false statement or misrepresentation on any information provided to Landlord, which includes the application Resident submitted; f) Resident is arrested, charged, convicted, or given deferred adjudication or pretrial diversion for a felony or misdemeanor offense, a sex-related crime, or offense involving possession, manufacture or delivery of a controlled substance, marijuana, or illegal drug paraphernalia as defined by applicable law if the aforementioned criminal act is alleged to have taken place at the Premises; g) Any illegal drugs or illegal drug paraphernalia are found in the Premises (whether or not Landlord can establish possession); h) Resident keeps in any location at Cross, any weapon or any other article or thing of a dangerous nature not usually and customarily used for individual residential living purposes; i) Resident fails to pay any fine, charge or penalty within ten days after it is levied in accordance with this Contract or the Page 5 of 7

6 Community Policies; or j) Resident is determined by the University to pose a threat to the University campus and community or the Resident has received a Direct Administrative Action requiring Resident s removal from the University campus and community. LANDLORD REMEDIES: If Resident violates this Contract, Landlord may, without demand or notice (other than as provided in this paragraph) to the extent permitted by applicable law, in addition to other remedies allowed by law: a) Collect any fine imposed under this Contract or the Community Policies; b) Sue to collect past due installments of Rent and any other damages Landlord has incurred as a result of Resident s violation of this Contract; c) Revoke the occupancy granted under this Contract and terminate Resident s right to occupy the Premises (but not terminate the Contract or end Resident s monetary obligation for the Premises) by giving Resident written notice to vacate upon the date specified in such termination notice; d) Sue to collect all unpaid installments of Rent and other sums that would become due until the Contract Expiration Date or until another person takes occupancy (and then, Landlord can still recover from Resident the difference between the Rent Resident was supposed to pay and the rent actually paid by the new resident); e) Accelerate the remainder of the installments of Rent due under this Contract through the Contract Expiration Date; f) Exercise any and all rights and remedies available to Landlord in law or in equity; or g) Do any combination of the foregoing. Landlord s exercise of any remedy will not be taken to exclude or waive the right to exercise any other right or remedy that Landlord might have. All unpaid amounts will bear interest at the greater of 10% or the maximum amount allowed by law per year from the date originally due through the date of payment. VACATING THE PREMISES; EVICTION OF RESIDENT: Resident must vacate and remove Resident s belongings from the Premises upon the expiration of the Term or upon revocation or termination of this Contract, whichever occurs first, and surrender the Premises. Subject to applicable law and in addition to all rights and remedies available to Landlord either under this Contract or at law or in equity, and without prejudice thereto, if Resident fails to perform any of Resident s obligations, covenants or conditions of this Contract, including payment of Rent, Landlord may declare a breach of this Contract and end Resident s right of occupancy by: (i) giving Resident at least a 24 hours written notice to vacate; or (ii) bringing an action for Forcible Entry and Detainer as allowed by law to recover possession. Resident will be responsible for all costs associated with eviction proceedings. Furthermore, if Resident remains in possession without Landlord s written permission after the Contract Expiration Date, Resident will be deemed to be in breach of this Contract, and Landlord may commence an eviction action. Resident agrees and acknowledges that if Resident is determined by the University to pose a threat to the University campus and community or the Resident has received a Direct Administrative Action requiring Resident s removal from the University campus and community, Resident may be immediately removed and evicted from the Premises. ABANDONMENT BY RESIDENT: Landlord has the right to determine when the Premises are abandoned in accordance with applicable law. Resident agrees abandonment of the Premises will include, without limitation and to the extent permitted by applicable law, any one of the following: (i) the removal of personal property from the Premises other than in the usual course of continuing occupancy; (ii) discontinuance of any utility service; and (iii) continued failure to respond to any notices, phone calls or correspondence from Landlord. In the event the Premises are abandoned, Landlord will have the right, without notice to Resident, to secure the Premises with new locks, store and dispose of any property or personal possessions left in the Premises by Resident or Resident s Guests in accordance with applicable law, and to re-let the Premises for new occupancy. Any personal property remaining in the Premises at the end of the Term will be deemed abandoned by Resident and may be disposed of by Landlord in accordance with applicable law. Resident will be charged for any removal or disposal costs. PROCESS FOR MOVE-OUT: When Resident leaves, whether at or prior to the Contract Expiration Date, Landlord will note the condition of the Premises, including all appliances, furnishings, and fixtures therein, and any damage done thereto that is deemed by Landlord to have occurred during Resident s occupancy and use of the Premises. Resident must surrender possession of the Premises in the same condition as when received, in a good, clean and sanitary condition, reasonable wear and tear excepted, including removing all trash from the Premises and returning furniture (as applicable) to its original placement. Resident must return to Landlord all keys, cards/passes, fobs, and access devices, as applicable, issued to Resident by Landlord. If such devices are not returned, Resident must pay all costs associated with re-keying and replacement of them. Resident s failure to follow the prescribed move-out procedures in the Cross Community Living Guide may result in the partial or full forfeiture of the Security Deposit, but in no event Page 6 of 7

7 will such forfeiture be construed as liquidated damages. If no Security Deposit exists, Resident will be charged for all damages, cleaning, repairs, re-keying, and replacement costs. NOTICES: Notices may be served at the following address, or at any other location or manner (including by electronic distribution) subsequently designated by Landlord: If to Landlord and/or Manager: Provident Oklahoma Education Resources Inc. c/o Capstone On-Campus Management, LLC 1691 Asp Avenue Norman, Oklahoma If to the Resident: The name, address, address and/or phone number on file with Manager. SAFETY AND SECURITY: RESIDENT MUST EXERCISE DUE CARE FOR RESIDENT S AND OTHER S SAFETY AND SECURITY. Resident expressly acknowledges that Landlord has made no representations, agreements, promises or warranties regarding security of the Premises, Cross, the parking garage or any of the surrounding areas. Landlord does not guarantee, warrant or assure Resident s personal security. None of Landlord s safety measures are an express or implied warranty of security or are a guarantee against crime or of a reduced risk of crime. Landlord is not liable to Resident or any of Resident s Guests for injury, damage or loss to person or property caused by criminal conduct of other persons. Landlord is not obligated to furnish security personnel, security lighting, security gates or fences or other forms of security, and Landlord can discontinue any of such items provided at any time without notice. IN THE EVENT OF CRIMINAL ACTIVITY, RESIDENT SHOULD CONTACT THE APPROPRIATE AUTHORITIES IMMEDIATELY. GENERAL: Timing is very important in the performance of all matters under this Contract. By entering into this Contract, Resident confirms that no oral promises, representations or agreements have been made by Landlord, Manager, or any of their representatives. This Contract is the entire agreement between the parties. Neither Manager s nor Landlord s representatives (including management and marketing personnel, employees, and other agents) have any authority to waive, amend or terminate this Contract or any part of it, and they have no authority to make promises, representations or agreements that impose duties of security or other obligations on Landlord unless done in writing and signed by Landlord or Manager. Resident may not make any changes to this Contract. Handwritten changes, additions or deletions to this Contract will not be binding on Landlord unless approved in writing by Landlord or Manager. All obligations are to be performed in Cleveland County, Oklahoma. This Contract is governed by the laws of the State of Oklahoma. If any of the terms or conditions conflict with any such laws, then those terms or conditions will be deemed modified and amended to conform to such laws. Unless this Contract states otherwise, all sums owed by Resident are due upon demand. Landlord s delay or non-enforcement of its rights will not be a waiver under any circumstances of Landlord s future right to enforce such rights. If any portion of this Contract is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Contract will be deemed valid and operative, and, to the extent permitted by applicable law, effect will be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Contract will not be deemed to be a waiver of such party's right to enforce against the other party the same or any other such term or provision in the future. Resident Authorized Representative of Landlord Date Date * * * * Page 7 of 7