10. ACCESS: DePaul and the UC Facility Manager reserve the right to enter any housing space for a variety of reasons, including, but not limited to: conducting inspections; making necessary repairs, alterations, or improvements; supplying necessary services; when there is reasonable cause to believe a violation of DePaul or University Center policy has occurred, is occurring or is likely to occur; exhibiting the premises to service personnel or contractors; or as is otherwise necessary in the operation and protection of the premises or occupants therein. In the case of an apparent or actual emergency or a potential violation of policy, DePaul or the UC Facility Manager may enter a housing space, at any time, without prior notice. In all other situations, DePaul or the UC Facility Manager shall attempt to arrange for entry into a housing space with one or more occupants of the room, suite or apartment. If reasonable arrangements are impractical or refused, entry shall be made upon 24-hour notice.
11. CARE OF FACILITIES: DePaul shall keep all housing premises in Lincoln Park in reasonable repair during the term of this Agreement, including maintaining the premises in compliance with applicable regulations imposed by appropriate governmental authorities. The UC Facility Manager shall keep all housing premises in University Center in reasonable repair during the term of this Agreement, including maintaining the premises in compliance with applicable regulations imposed by appropriate governmental authorities. As applicable, DePaul or the UC Facility Manager will endeavor to make all necessary repairs to a housing space within a reasonable timeframe after receipt of written notice from the resident requesting the repairs via established procedures. In the event of an emergency maintenance issue, the resident must ensure that the concern is promptly called in to the appropriate office; DePaul or the UC Facility Manager, as applicable, will endeavor to make emergency repairs within a reasonable timeframe. The resident shall maintain the housing space in a clean and orderly condition and make no alterations to the premises, including, but not limited to: installing locks or safes; erecting partitions or attaching anything to ceilings, walls, floors or exteriors. Residents agree to pay for any damage and cleaning charges to their assigned room, suite or apartment (less reasonable wear and tear), as well as any charges for missing items from their room, suite or apartment. When damage occurs in common areas and the source of the damage is not known, charges will be split among the community of that room, suite, apartment or facility as appropriate.
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12. HOLD HARMLESS: The resident agrees to hold harmless, release, defend and indemnify DePaul and its agents, employees, faculty, trustees, officers and directors (each hereinafter a “Released Party”) from any and all claims, lawsuits, actions, costs, damages, liability or losses, including attorney’s fees costs and expenses that a Released Party incurs as a result of a breach of this agreement by the resident. Resident also agrees to hold harmless, release, defend and indemnify each Released Party from all liabilities and claims for injury or death to persons (including the resident) or
TERMS AND CONDITIONS
damage or theft to property arising from occupancy or use of the unit and DePaul premises, including those injuries and damages caused by the Released Party’s alleged or actual negligence, illegal conduct, misuse of premises or violation of DePaul policy. In consideration of occupancy of the unit, the resident contractually agrees that all claims included within this provision, including those claims for injury or death shall be governed by Illinois law and exclusive jurisdiction shall be in Cook County, Illinois. The provision shall be binding to the fullest extent permitted by law. If any term of this provision is found unenforceable, the remaining terms shall be enforceable. Additionally, the resident understands that DePaul does not provide protection against lost, damaged, or stolen personal property, and that DePaul advises residents to obtain appropriate insurance coverage in order to obtain such protection.
13. MEDICAL COVERAGE: Residents of Lincoln Park student housing are required to maintain personal healthcare insurance during the period they reside in Lincoln Park on- campus housing. DePaul automatically provides access to university health services for all on-campus, Lincoln Park residents for a nominal quarterly fee. The medical fee will not be refunded once a resident has checked into their residential space. Residents may opt-out of the university coverage by contacting the Dean of Students Office and providing proof of healthcare insurance. University Center residents are not required to maintain personal healthcare insurance.
14. MISCELLANEOUS: This Agreement shall be governed in all respects by the laws of the State of Illinois. The parties to this Agreement agree to use the State of Illinois for jurisdiction. This Agreement, as described in Section 3, embodies the entire understanding between and among the parties, and may not be amended or changed in any way except by written instrument signed by the parties. If any portion of this Agreement is held to be illegal, invalid or unenforceable, it is the expressed intention of the parties that the remainder of this Agreement shall not be affected thereby. This Agreement may not be assigned without the written consent of the non-assigning party. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy and no waiver will be effective unless it is in writing and signed by the party to be charged thereby.
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