Housing Agreement: See Below For Electronic Signature
Housing Agreement: See Below For Electronic Signature
Housing Agreement: See Below For Electronic Signature
This Housing Agreement is entered into on January 28, 2018, between Yan Luo (“Resident”) and SSC Oxford Apartments LLC
(“Owner”) and is binding only when signed by Owner’s agent.
This Housing Agreement grants a limited license to Resident to access and make personal residential use of one assigned bedroom
space in an apartment, townhome, coupled cottage or house (in each case, referred to as “apartment”), together with its standard
installed fixtures, plus use (shared, if not a one-bedroom apartment) of accompanying unit common areas, fixtures and appliances in
the assigned apartment, at the property known as “Annex” in Oxford, Ohio (the “Property”) between the Start Date and End Date
listed above. Resident is initially assigned to the bedroom space and apartment identified above (see floor plan available in the
management office or at live-annex.com for designation of bedroom spaces); if the space is identified as “to be assigned” “TBA” or
“TBD,” this Housing Agreement is binding and Owner will assign an apartment and bedroom matching the identified unit type prior to
move-in. Only the named Resident may occupy the assigned space. Resident will occupy only the assigned bedroom space and no
other bedroom within the apartment. Resident will not allow another person to use a bedroom space or apartment in place of or in
addition to Resident, whether for compensation or otherwise, and will not offer to do so through advertising or listings. For all unit
types other than one-bedroom, this Housing Agreement is for one bedroom and adjoining bathroom located within a multiple-bedroom
apartment, in which multiple occupants share one common area; Owner will attempt to assign the other bedroom(s) to person(s)
requested by Resident but may contract with others of Owner’s choosing for the other bedroom(s) within the apartment, without notice
to Resident. This Agreement includes the terms below and continuing through page 8.
Note: Resident agrees to provide either of the following within 30 days after signing and prior to move-in: (1) a signed Guaranty by
an acceptable Guarantor; or (2) prepayment of the final two installments indicated above. Failure to provide one of the above will not
release Resident from financial responsibility but will entitle Owner, at its option, to deny move-in or terminate for non-performance,
following written notice.
I have carefully read, fully understand and voluntarily sign this Housing Agreement. Once fully signed, this is a binding
contract and is intended to be enforceable under its terms. I have had the opportunity to seek independent legal advice.
I acknowledge that upon execution by Owner (through its authorized agent), this Agreement will be effective and binding
upon me and all permitted successors.
ACCEPTANCE OF OWNER:
SEE BELOW FOR ELECTRONIC SIGNATURE
Signature of Resident SSC Oxford Apartments LLC
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personal check, money order or cashier’s check, or in Owner’s discretion by credit card, check card, electronic check, or by direct
bank transfer, provided that Owner reserves the right to charge processing fees as appropriate for such payment methods. Cash
will not be accepted. If any payment is returned unpaid, Owner may require Resident to make future payments by certified funds.
Payment (including by mail) is deemed made only when actually received by Owner or its agent, subject to clearance of funds.
Resident’s payment obligation is a promise by Resident which is independent from all of Owner’s and its agent’s promises, duties
and obligations. To cover Owner’s added costs for late payment, each payment will be increased by $30 as a late charge if not
received by the close of business within two calendar days following the date due, and will be increased by an additional $5 per
day thereafter (for up to 25 days) until paid in full. At Owner’s option and without notice to Resident, any amounts owed by
Resident, including but not limited to late charges, returned check fees, utility overages, damage or replacement costs, and any
amount owed by Resident to Owner under a separate agreement, will be considered Rent under the terms of this Housing
Agreement. In the event any payment is past due, Owner may take legal action for possession and payment and Resident will be
responsible for all legal fees and costs in connection with such action. To cover Owner’s added costs for processing of payments
that are dishonored or returned due to insufficient funds, each such payment will be increased by $50 as a returned payment
charge and will not be considered paid until valid payment has been received. Payment should be mailed or delivered to Annex,
1562 Magnolia Drive, Oxford, Ohio 45056. Acceptance by Owner of any payment shall not constitute a waiver of Owner’s
right to terminate this Housing Agreement and/or claim any damages. Unpaid charges past due more than 30 days will bear
additional interest at 12% per annum, as allowed by law, from such date through the date of payment in full.
3. Owner; Agent. The Owner of the Property is SSC Oxford Apartments LLC. Owner has appointed The Scion Group LLC as its
property management agent, authorized to act on behalf of Owner, including for purposes of service of process and receiving or
receipting notices or demands. Written correspondence to Owner or its agent should be mailed to: 1562 Magnolia Drive,
Oxford, Ohio 45056.
4. Assignments. Apartment and bedroom space assignments are made, and may be changed, only by Owner or its agent. Change
requested by Resident: Resident may request to change assignments to a different apartment. Such change requests by the
Resident are only effective upon written approval by Owner in its discretion, subject to the following preconditions: (a) Resident
must be in good standing under the Housing Agreement; (b) Resident must prepay a $200 reassignment fee (refunded if the
request is declined); (c) Resident and Owner must sign a written confirmation of the change in assignment, including Resident’s
agreement to pay the prevailing rate for the new assignment, pro-rated to the date scheduled for relocation; (d) Resident must pay
a new security deposit for the new assignment, and Resident’s prior security deposit balance will be refunded within 30 days
following move-out from and inspection of the original unit; and (e) relocation must be completed within 48 hours or charges will
apply on both units. Change by Owner: Owner reserves the right to relocate Resident to another equivalent bedroom space or
apartment at the Property for any reason (e.g., roommate conflict, urgent maintenance, etc.) upon at least three days’ notice. In
such case, if the new Owner-assigned space carries a lower rate, Resident’s charges will be pro-rated and reduced accordingly; if
the new Owner-assigned space carries a higher rate, Resident will continue to pay the rate under this Housing Agreement and will
not be charged the higher rate. Failure to relocate within the time provided by Owner may result in charges applying for both
units.
5. Termination; Subletting/Delegation. Once this Housing Agreement is signed by Owner and Resident, Resident can terminate
occupancy by providing written notice to Owner and by fully vacating the premises, provided that in all cases Resident will
remain fully responsible for the Total Rent that would have accrued under this Housing Agreement, through the end of
the full original Term, accelerated and payable at the time of termination. No exception can be made for financial hardship,
academic changes, family matters, medical issues, roommate conflict or any other reason. Any charges associated with damage to
a bedroom space, apartment or the Property or Resident’s failure to vacate completely upon termination, will be payable in
addition to the foregoing amount. After such termination, Owner will use its commercially reasonable efforts to contract with
other individuals for the use of available bedroom spaces, including the bedroom space vacated by Resident; if and when all such
available bedroom spaces at the Property are fully assigned and occupied and no bedroom spaces remain vacant, Resident will
receive a refund equal to the charges that would have accrued under this Housing Agreement, prorated from such date through the
end of the original term hereof, less a $200 cancellation/marketing fee which is in addition to all other charges provided herein.
Resident understands that due to the nature of student housing, successful mitigation is highly unlikely; therefore, Owner may
accelerate remaining rent at the time of termination. Resident may not assign or transfer Resident’s interest in this Agreement, or
any part hereof, nor sublet Resident’s right to use the Property, apartment or bedroom space, or any part thereof. However, in
Owner’s sole discretion, Resident may delegate his or her right to use the Property to another person pursuant to Owner’s
approved delegation form, signed by all parties, if Resident is in good standing under the Agreement and pays to Owner a
delegation fee of: (a) $200 if Resident procures his or her own person to whom to delegate, or (b) $400 if Owner, in its discretion
after all other spaces at the Property are filled, procures such person on Resident’s behalf.
6. Move-in; Inspection; Delay. Before Resident may access or occupy the premises, the non-refundable annual amenities fee plus
all required security deposits, administrative fees and installments must be paid in full with cleared funds and guaranty
requirements satisfied. Immediately preceding Resident’s taking possession of the assigned bedroom space (and any re-assigned
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bedroom space), Resident will conduct an inspection of the assigned bedroom space and apartment and will note on the Check-
In/Check-Out Inspection Report (“Inspection Report”), which upon completion and approval by Owner will become part of this
Agreement, any defects, damage or other conditions observed. Owner’s approval of the Inspection Report will be conclusive
evidence of existing defects, damage and conditions and of a full inventory of fixtures. If Resident fails to conduct the inspection
and/or provide a signed Inspection Report to the Owner, then Resident waives the right to dispute any assessment of damages to
the bedroom space and/or apartment. Upon Resident’s move-out (or, as applicable, following the move-out of all residents of an
apartment) at the termination of this Agreement, Owner will note the then-present condition of the assigned bedroom space and
apartment, including all appliances and fixtures, and any damages incurred and/or extraordinary cleaning deemed necessary by
Owner or extraordinary wear as determined by Owner. Resident will promptly pay all costs of restoring the bedroom space and
apartment to the same condition upon move-in, less normal wear, and is encouraged to inspect the bedroom space and apartment
with Owner’s representative prior to move-out by making an appointment during business hours at least 48 hours in advance.
Resident acknowledges that except as provided in the Inspection Report, each bedroom space and apartment are being delivered
in "as-is" condition, and Resident’s acceptance of the assigned bedroom space and apartment at the beginning of the Term
constitutes Resident’s acknowledgment that the bedroom space and apartment and all fixtures are in good repair and condition.
Owner will not be responsible for any damages or consequences suffered by Resident as a result of Owner’s inability to timely
deliver possession of the apartment or assigned bedroom space to Resident on the anticipated Start Date; in such event, the rent
payable will be abated until Owner renders possession and such delay will not extend or decrease the term or change the End
Date.
7. Utilities. The following utilities are included in the Total Rent set forth in this Agreement: water/sewer, cable television,
Internet access and trash disposal. Resident will pay as additional Rent a pro-rata share (based on the number of actual
contracted residents of the apartment) for the apartment’s usage of electricity, applied pro-rata to any partial billing cycle.
Resident will be responsible for his or her pro-rata share of electricity charges during the term of this Agreement, regardless of
actual date of move-in or move-out. Resident will be responsible for arranging and paying for any other desired utilities. In
connection with the administration of electricity billing during the term of this Agreement, Resident will pay prior to occupying
the assigned apartment (or on the first electricity bill, at Owner’s discretion), a single up-front billing service fee of $54 (or
alternately, at Owner’s option, a service fee of $4.50 per monthly bill) for administration, billing, overhead and similar expenses
and charges incurred by Owner for providing electricity allocations and billing services. Upon Resident’s request, Owner will
provide copies of applicable electricity 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 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 charges for the apartment and pursuant to applicable
utility billing laws and regulations. As part of each electricity bill, Resident may be charged and agrees to pay promptly to Owner
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 electricity 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 (to the extent permitted by law), 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.
8. Required Liability Insurance; Personal Property. During the full term of the Housing Agreement, Resident agrees to obtain
and maintain at Resident’s expense a policy of personal liability insurance (i.e., renter’s liability insurance) from a licensed
insurance carrier in the United States, with coverage of at least $100,000 per occurrence. The liability insurance requirement and
the existence or limits of any such insurance will not reduce or supersede Resident’s obligations under this Housing Agreement.
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Owner will make available an opportunity for Resident to purchase renter’s liability insurance (with or without optional personal
property insurance) from a pre-approved third-party provider, for Resident’s convenience. Resident is not obligated to purchase
any insurance from such provider and may arrange its own personal liability insurance policy from any insurer of Resident’s
choosing meeting the requirements of this paragraph, in which case Resident agrees to provide written proof of the required
personal liability insurance coverage, including causing Owner and Manager to be listed as named interested parties on such
insurance coverage. Owner will provide instructions prior to move-in for submitting proof of insurance or purchasing a compliant
insurance policy; Resident’s failure to comply with these insurance requirements will be a breach by Resident with Owner
reserving its remedies, but will not give Resident any right of termination. Owner also strongly recommends that Resident
maintain insurance covering Resident’s personal property or belongings, which Resident may elect to purchase. Neither Owner
nor any of its employees, representatives or agents assumes any liability, directly or indirectly, for loss or damage to the personal
property of Resident or others by fire, theft or any other cause. Any personal property remaining in the bedroom space and/or
apartment at the end of the Term or after earlier termination of this Agreement will be considered abandoned by Resident and may
be disposed of by Owner at the risk and expense of Resident, with Owner maintaining a landlord’s lien for unpaid rent as
provided by law. Owner will not be liable or responsible for storage or disposition of the Resident’s personal property.
9. Responsibility for Damage. Resident will be solely responsible for any damage, defacement or loss within the assigned
bedroom space. All assigned residents of an apartment will be jointly and severally responsible for any damage,
defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages
over $100,000 where it is finally established that one or more other residents were solely at fault for the entire loss.
Resident will be fully responsible for the conduct of his or her guests, visitors, licensees and invitees (“Guests”), including
without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third
parties (including other residents) by such Guests.
10. Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the
Property, including individual apartments and bedroom spaces. No gas or charcoal grill, nor any other open flame cooking or
heating device, may be stored or used on any balcony, deck and/or patio at the Property, except on the ground at least 25 feet from
any building. Resident will, and will cause Guests to: (a) comply with all federal, state, parish and city laws, ordinances and/or
regulations, including without limitation those relating to the consumption of alcoholic beverages; (b) not act in any way that
endangers the Property or the safety of any person, or that is intended to facilitate criminal activity; (c) not engage in disruptive
behavior or conduct or allow any noise loud enough to be heard outside the apartment or in neighboring apartments assuming
doors and windows were closed; (d) not place or keep any trash outside of the apartment, including on any balcony, deck or patio;
(e) not damage, take or possess any property belonging to others without express consent; (f) not tamper or interfere with smoke
detectors, sprinklers or fire alarms; (g) not injure the reputation of the Property or its residents, (h) not act or fail to act in any way
that would cause an increase in the rate of insurance at the Property; (i) not engage in any activity which interferes with or
decreases the use and enjoyment of the Property by other residents; and (j) otherwise obey all rules and regulations applicable to
the Property. Any single violation of any of the foregoing will be considered a material breach of this Housing Agreement and
will be good cause for immediate termination of the Housing Agreement with all charges due.
11. Cleanliness and Safety; Entry. Resident agrees to maintain the assigned bedroom space, the apartment and the common areas of
the Property in a clean, safe and sanitary condition, to exercise all due care in the use of same, and to cooperate fully with the
Property pest control program as requested. Resident will be responsible for the cost of treatment for bedbugs and similar pests to
the extent Owner’s pest control vendor reasonably determines that an infestation has originated within Resident’s assigned space
and during Resident’s occupancy. Resident will place all trash in provided receptacles and will be responsible for the cost of
cleaning the interior or exterior of the apartment if not kept in sanitary condition. When outdoor temperatures are below 40
degrees Fahrenheit, Resident will keep the apartment’s heat turned on to prevent frozen or burst pipes, including during vacations.
When outdoor temperatures exceed 85 degrees Fahrenheit, Resident will keep the apartment’s air conditioning turned on and set
to a reasonable temperature to prevent mold or mildew growth, including during vacations. Owner and its agents, employees and
contractors may enter any apartment and bedroom space to perform routine maintenance, inspections, showings and other
ordinary functions, provided that Owner will provide advance notice to residents of an apartment before such entry. Owner
reserves the right to enter an apartment and any bedroom space without prior notice (including a passkey and/or disarming the
alarm or other means of entry if locks have been changed) for emergency maintenance or repair purposes, or when there is
reasonable cause to believe that a situation exists that could cause danger to life, safety, health or property. Owner may confiscate
any item deemed to cause a danger, and is under no obligation to pay compensation for or to return such items.
12. Residential Use; Pets. The bedroom space and apartment may be used solely for private residential purposes and for no other
purposes. Resident may not carry on any business or other enterprise from the bedroom space or apartment, nor use any Owner-
provided Internet connections for business purposes. Resident may place no signs, placards or other advertisement of any
character in the bedroom space or apartment, nor display anything in an apartment or bedroom space that is visible from outside
the Property or the apartment. Pets are permitted in or about the Property only in specified buildings as Owner may in its
discretion allow residents to maintain, in each case only following Operator’s signature on a Pet Addendum for a single dog or cat
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per designated apartment, which requires payment of a mandatory fee. All other pets are prohibited anywhere at the Property,
except fish in small tanks to the extent approved by Owner in its sole discretion. Violation of the pet policy will subject Resident
to deep-cleaning and daily administration fees in Owner’s discretion, and may be considered as a termination of this Housing
Agreement by Resident with fees due and accelerated as provided in paragraph 5.
13. Guests; Occupancy Limits. No more than one person may occupy a bedroom space, except for an immediate family member of
Resident that has been registered in writing with Owner. If Resident desires to have an Overnight Guest (any person staying in
the Resident’s assigned bedroom space or apartment for more than three total nights in any 30-day period), then Resident must
register the Overnight Guest(s) with Owner. Resident may not have Overnight Guest(s) for more than three consecutive nights,
nor for more than six total nights in any 30-day period. In the event any unregistered or unauthorized Overnight Guest(s) are
identified to be in or using an apartment or bedroom space, Owner may assess against the Resident a fee of $60 per night, in
addition to the right of Owner to declare Resident in material breach of this Agreement and pursue other available remedies.
Although Resident may have Guests from time to time, Owner reserves the right to restrict the number of persons permitted in or
about an apartment at any time in Owner’s discretion, to protect safety and the quiet enjoyment of other residents. All Guests
may park only in designated parking areas and no Guest’s vehicle may remain at the Property for more than three days.
14. Parking. Owner grants to Resident a non-exclusive, undivided limited permit to use one non-reserved parking spot at any time in
the Property’s parking lot (subject to handicap and reserved parking restrictions) for the sole purpose of parking one personal,
non-commercial vehicle, and for ordinary access to and from such parking lot over marked driveways. The parked vehicle must
be properly registered and licensed, and may not create a safety hazard. Vehicles improperly parked or appearing abandoned may
be towed at the vehicle owner’s expense. This paragraph creates a limited use license and not a bailment. Resident assumes all
risk and responsibility for damage to the vehicle and any personal property contained in it, and the vehicles or other personal
property of others, in connection with any use of parking areas. Unauthorized or improperly parked vehicles will be towed at the
risk and expense of the vehicle owner. Owner is not responsible for any damage to vehicles or property contained in vehicles.
Owner reserves the right to revoke or restrict parking rights in the event Resident violates this paragraph or the Agreement.
15. Smoking. Smoking inside any apartment, breezeway, stairwell or other indoor area by Resident or his or her guest(s) is
prohibited. In the event that Resident or any guest smokes, burns candles, burns incense or engages in any other activity which
could result in particles and/or smoke which tend to cause staining or odor on walls, carpets or other portions of the premises,
soiling of ductwork that could require duct cleaning or a persistent odor in an apartment that necessitates the removal of carpet
and padding despite an apparent clean appearance, all such damage and repair cost will be considered extraordinary damage
beyond normal wear and tear and is the responsibility of the Resident. Therefore, Resident agrees that any smoking in an
apartment will subject the resident(s) to a minimum deep-cleaning fee of $250, plus any additional costs of cleaning or repair in
connection with smoking or other smoke-related damage.
16. Maintenance, Alteration and Repair
(a) Resident is responsible for and agrees to take good care of the premises, fixtures and all common areas. Resident may not
remove any of Owner’s property and will not perform any repairs, upgrades, painting, wallpapering, electrical changes or
other alterations of the premises without prior written consent from Owner. Resident will be responsible for damage from
waste stoppages caused by foreign or improper objects or improper use in lines serving bathrooms, damage to fixtures,
appliances, doors, windows, screens, damage from water faucets left on or from doors left open, and repairs or replacements
to alarm devices necessitated by misuse or damage by Resident and/or guests. Extraordinary appliances or furnishings such
as satellite dishes, hot tubs, pool tables, water beds or high utility-consuming devices may not be installed or placed on the
premises or anywhere at the Property without Owner’s prior written consent, in its sole discretion.
(b) In the case of a malfunction of any utilities or damage by fire, water or similar cause, or any water leak, electrical problem,
broken glass, broken lock or any other condition that Resident reasonably believes poses a material hazard to health and
safety, Resident must promptly notify Owner in writing. Owner will act with reasonable time and diligence in making repairs
and reconnections; Resident may not withhold or reduce payment of rent or other charges during such time. Maintenance
and repair requested by Resident will generally be performed between 8am and 8pm, unless the work is considered an
emergency, in which case work may take place at any time. Owner may temporarily disconnect equipment or utilities to
avoid property damage and/or to perform repairs requiring such interruption, in Owner’s sole discretion. Owner will not be
liable for any inconvenience, discomfort, disruption or interference with Resident use of the premises because of ongoing
repairs, alterations or improvements to the premises, the apartment or the Property.
(c) Following move-in, Resident is responsible for providing and changing all light bulbs and batteries (for smoke detectors and
remote controls) in the assigned apartment. A written maintenance report requesting assistance in changing these items may
be submitted for maintenance staff assistance, with extra charges payable by Resident as applicable per Owner’s published
rates. From time to time, maintenance staff may enter the assigned apartment with or without notice to inspect and change
furnace filters and to provide pest control.
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17. Management; Community Policies. Owner may retain employees and management agents from time to time to manage the
Property, and Owner’s agent may retain other employees or contractors. Resident, on behalf of himself or herself and his or her
Guests, agrees to comply fully with all directions from Owner and its employees and agents, and the rules and regulations
(including all amendments and additions thereto, except those that substantially modify the Resident’s bargain and to which
Resident timely objects) as contained in this Housing Agreement and the Community Policies of the Property. The Community
Policies are available at http://live-nnex.com/policies.pdf or on request from the management office, and are considered
part of this Housing Agreement.
18. Breach by Resident. Upon any breach by Resident of this Housing Agreement or a prior agreement between Resident and
Owner, including community policies, Owner may without separate demand or notice except as provided by law, and in addition
to other lawful remedies, do any one or more of the following: (i) collect any charge under this Housing Agreement or community
policies, including reimbursement for costs of collection; (ii) sue to collect past due charges; (iii) terminate this Housing
Agreement and Resident’s right to occupy the premises and/or institute an action for eviction; (iv) sue to collect all unpaid rent
and other charges which would become due through the End Date or until the bedroom space and all other bedroom spaces at the
Property have been filled, with recovery by Owner of any discrepancy in rent rate and any expense incurred in obtaining the new
resident contract; (v) report any information to credit reporting agencies. Without limitation, Owner may terminate this Housing
Agreement for non-payment of rent or other charges, or upon any conduct by Resident that is prohibited by or in breach of this
Agreement, or if, in the reasonable judgment of Owner, continued residency will or may be detrimental to the educational process
or the health, safety and/or welfare of the other residents of the Property or any of the Property’s personnel. Upon any
termination as described in this paragraph: (a) Resident must fully vacate the bedroom space and apartment (including removing
all personal belongings) within the time provided in the written notice given by Owner, and will have no further use of or access
to the Property, the assigned apartment or bedroom space; and (b) Resident will be fully responsible for all rent and other charges
as if the Agreement had been terminated by Resident as described in paragraph 5. Owner’s termination for breach will not limit
Owner’s claim for damages resulting from Resident’s breach of the Housing Agreement. Owner’s acceptance of rent or other
payment following notice to vacate or during the pendency of a legal action will not waive or diminish Owner’s rights under this
Housing Agreement or statutory law unless separately and expressly agreed by Owner.
19. Assumption of Risks; Liability. Resident ASSUMES ALL RISKS associated with use of the Property, and to the full extent
permitted by law, agrees to hold harmless, release, defend and indemnify Owner and its affiliates, members, partners, officers,
agents, management company and its and their respective employees (“Released Parties”) from all loss, liability and/or claims for
injury or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or
intentional wrongdoing of Resident or his/her Guests; or (ii) the use, occupancy, presence at or other interaction with the Property
or any part or contents thereof by Resident or his or her Guests, including without limitation those injuries and damages caused by
a Released Party’s breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss
caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. Resident agrees to
indemnify each Released Party for any injuries to Resident or any Guest or other person or property that arises in connection with
occupancy or use by Resident or any Guest of Resident. Resident further agrees to reimburse, indemnify and hold harmless
Released Parties from any and all claims, lawsuits, actions, costs, damages (including liquidated damages as specified) or losses,
including reasonable attorneys’ fees and costs and expenses (to the extent permitted by law), that a Released Party incurs or may
incur as a result of any breach of this Agreement by Resident. The forgoing paragraph will be binding to the fullest extent
permitted by law.
20. Safety Precautions. Resident acknowledges that neither Owner nor any of its agents, employees or representatives has made any
representations or warranties, either written or oral, concerning the safety of the Property, the bedroom space or any apartment, or
the effectiveness or operability of any security devices or security measures in the Property, the bedroom space or any apartment.
Resident acknowledges that Owner neither warrants nor guarantees the safety or security of residents or their Guests against any
criminal or wrongful acts of third parties. Resident and his or her Guests are responsible for protecting their own respective
person and property and hereby release Owner and its agents, employees and representatives for any and all damage to person and
property. Owner’s safety measures are neither a warranty of safety nor a guaranty against crime or of a reduced risk of crime.
Resident acknowledges that security devices or measures may be changed or removed by Owner without notice or compensation,
and/or may fail or be thwarted by criminals or by electrical or mechanical malfunctions. Therefore, Resident acknowledges that
he or she should not rely on such devices or measures and should take steps to protect himself or herself and his or her existing
property notwithstanding these devices. Resident agrees to immediately notify Owner’s representative of any malfunctions
involving locks and life-safety building components. Should Resident become seriously injured or imperiled at the Property,
Resident authorizes Owner and its agents to call 911 Emergency at Resident’s expense, without legal obligation to do so.
21. Abandonment. If the assigned bedroom space or an apartment is abandoned or Resident’s right to use them has been terminated,
Owner may, without notice, secure the bedroom space and/or apartment with new locks, store or dispose of any personal property
left in the bedroom space or apartment by Resident or Resident's Guests, and re-assign the bedroom space and/or apartment to
others for use. Any such abandoned property or personal possessions shall be stored and disposed of by Owner in accordance with
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Ohio law. Owner, in its sole reasonable discretion in accordance with applicable law, will determine when a bedroom space
and/or an apartment is abandoned, which may take into consideration any one of the following: the removal of personal property
from the bedroom space other than in the usual course of continuing use, the failure to pay housing charges or other charges,
discontinuance of any utility service, and failure to respond to any notices, phone calls, or correspondence from Owner or its
representatives.
22. Vacating at End of Term; Renewal. This Housing Agreement does not automatically renew and Owner is not obligated to renew
it. Owner reserves the right to contract with others for the premises at any time, for occupancy commencing after the End Date.
Upon termination or expiration of this Housing Agreement for any reason, Resident will immediately vacate and relinquish the
bedroom space and entire apartment, and all of Owner’s fixtures, in a clean and sanitary condition, including removing all trash.
Resident will pay all utility and service bills to the bedroom space and apartment (except those provided by Owner as specified in
this Housing Agreement) and cancel all utility accounts in the name of Resident. Resident will return to Owner all keys issued to
Resident by Owner. If all keys issued to Resident are not returned promptly to Owner, Resident will pay all costs associated with
re-keying or reprogramming locks for the bedroom space and/or apartment, along with the cost of replacement of all keys. If
Resident fails to vacate the bedroom space and apartment by the end of the Term or upon earlier termination of the Agreement,
Resident will pay agreed holdover charges equal to three (3) times the daily pro-rated housing charges during the Term (but not
more than the amount provided by law), plus associated expenses, including attorneys’ fees as permitted by law. In no event after
termination or expiration of this Housing Agreement will it be deemed to have been renewed or extended.
23. Security Deposit. As security for Resident’s full performance of this Housing Agreement, Resident will deposit with Owner the
Security Deposit amount identified above. Should charges be made against the Security Deposit because of damage to the
Property, apartment or bedroom space or to any fixtures or equipment, or for any unpaid utility charges paid by Owner on behalf
of Resident, Resident agrees, within three (3) days after notice, to deposit additional amounts as required to restore the Security
Deposit to the original amount. When the bedroom space and apartment are properly vacated and Resident has turned in all keys
and after inspection by Owner, the Security Deposit balance will be refunded to Resident, less any unpaid rent and any other
amounts due under this Housing Agreement, including any charges (including labor cost) for damage, defacement or loss and any
cost of special cleaning beyond reasonable wear and any unpaid utility charges paid by Owner on behalf of Resident. The
Security Deposit is not intended as prepayment of rent and Resident may not withhold rent at any time based on the existence of
the Security Deposit. Owner’s retention of part or all of the Security Deposit will not limit Owner’s right to all damages resulting
from Resident’s breach of the Housing Agreement. Resident agrees to provide a valid forwarding address upon termination or
expiration of occupancy. Owner will return any unused portion of the Security Deposit (together with accrued interest if
applicable) to Resident at such address within 30 days after the latter of the expiration or termination of this Housing Agreement,
or surrender by Resident and acceptance by Owner of the premises.
24. Casualty Loss. If in Owner’s reasonable judgment the premises or the Property is materially damaged by fire or other casualty,
Owner may terminate this Housing Agreement within a reasonable time after such determination, by written notice to Resident, in
which case Owner will refund prorated, pre-paid rent and all deposits less lawful deductions unless Resident and/or Resident’s
guest(s) caused the casualty, in which case all funds on account will be applied to all applicable charges related to the damages
and Resident will be responsible for the balance of all charges for repairs. If following a fire or other casualty Owner does not
elect to terminate this Housing Agreement, Owner will rebuild the damaged areas within a reasonable time, and during such
reconstruction, Resident will be provided a reasonable rent reduction for the unusable portion of the premises unless Resident
and/or Resident’s guest(s) caused the casualty.
25. Guarantor Information, Notice. Owner reserves the right to notify any Guarantor of any action taken or notice given with
regard to Resident under this Housing Agreement. If Resident or Guarantor has supplied information by means of an application
for residency, guaranty of payment or other documentation, Resident and Guarantor, as the case may be, represent that such
information is true and correct and given voluntarily and knowingly. Owner and its management agent reserve the right to release
any such information and/or Resident’s account history to law enforcement, government officials, lenders and prospective
purchasers of the Property.
26. Claims. All claims, including without limitation claims for injury and/or death, will be governed by the internal laws of the State
of Ohio with respect to contracts made and events occurring therein, and that exclusive jurisdiction will be in the courts of Butler
County, Ohio. If Owner brings an action against Resident for breach or other enforcement of this agreement, Owner may recover
all costs or fees incurred in connection with such matter, including reasonable attorneys’ fees (to the extent permitted by law), as
part of any judgment, in accordance with applicable law.
27. Miscellaneous. Failure of Owner to insist upon strict compliance with the terms of this Housing Agreement will not constitute a
waiver of Owner’s rights to act on any violation. Owner’s rights are cumulative and the exercise of any remedy by Owner will not
exclude or waive the right to exercise any other right or remedy. Time is of the essence in the performance of this Housing
Agreement. Owner and its agents and affiliates make no representations or warranty as to the character or standing of any other
residents of the Property. The lien of Owner’s lender(s), if any, on the Property may be superior to Resident’s rights as a resident
7
and this Housing Agreement may be made subject to the rights of such lender(s). This Agreement and any attached and signed
addenda constitute the entire agreement between the parties and no oral statements will be binding. If any provision of this
Agreement requires the permission or consent of Owner, such written permission or consent may be granted or withheld in the
sole discretion of Owner or its designated agent or representative, or may contain such conditions as Owner deems appropriate
and will be effective only if Resident complies with such conditions. Moreover, any written permission or consent given by
Owner to Resident may be modified, revoked or withdrawn by Owner at any time, at Owner’s sole discretion, upon written notice
to Resident. Any amendment to this Housing Agreement, other than a change to the Community Policies, must be in writing and
signed by Resident and Owner or its authorized agent. If any provision of this Agreement is found to be unenforceable or
inapplicable, then the remaining provisions will not be voided and will remain in full force and effect.
[signatures on page 1]
Annex is an Equal Opportunity housing provider.
8
DELEGATION OF RENTAL AGREEMENT AND LEASE
This Delegation of Rental Agreement and Lease is entered into among SSC Oxford Apartments LLC (“Owner”) and the parties
identified below, and is effective and binding only upon signature of the agent for Owner, in its discretion.
WHEREAS, Primary Resident is party to the attached Housing Agreement (the “Agreement”) for a bedroom space (the “Space”) at
1562 Magnolia Drive, Oxford, Ohio 45056, known as “Annex” (the “Property”), and wishes to delegate to Delegated Resident his/her
right to reside in the Space for the time period stated above; and Owner consents to such delegation under the terms stated below.
THEREFORE, in consideration of their mutual promises, the parties agree:
1. Primary Resident hereby delegates exclusively to Delegated Resident, during the time period specified above, his/her right to
access and make personal residential use of the Space, together with its standard installed fixtures and furnishings, including
shared use together with other residents of the apartment, as assigned by Owner from time to time, of accompanying unit common
areas, furnishings and appliances in the assigned apartment, under the terms of the attached Agreement. Only the named
Delegated Resident may occupy the Space during such period.
2. Primary Resident understands and agrees that he/she remains a party to and fully bound by the Agreement, which remains in
effect. This Delegation is not an assignment. Primary Resident (and Primary Resident’s guarantor, if applicable) will remain
personally responsible for all financial obligations arising under the Agreement and for any breach of the Agreement by
Delegated Resident, including during the period of delegation. Primary Resident is responsible for making timely payment of all
charges coming due under the Agreement and/or for ensuring timely payment by Delegated Resident.
3. Delegated Resident has read, understands and agrees to abide fully by the Agreement and all rules and policies for the Property
as if he/she were the Primary Resident during the entire period of delegation. In the event of any default in payment or other
breach under the Agreement, Delegated Resident agrees that Owner may in its discretion take any lawful action, including claims
for reimbursement or payment, against Delegated Resident as if Delegated Resident were a directly-contracted resident of the
Property, cumulatively with its rights as to Primary Resident, and/or may terminate Delegated Resident’s rights under this
Delegation.
4. Delegated Resident: (a) ASSUMES ALL RISKS associated with use of the Space and the Property, and agrees to hold harmless,
release, defend and indemnify Owner, its managing agent and their respective subsidiaries and affiliates, and their respective
agents, employees, representatives, assignees, trustees, members, shareholders, partners, directors and officers (“Released
Parties”), from all liabilities and claims for injury or death to persons or damage or theft to property arising from the use,
occupancy, presence at or other interaction with the Property or any part or contents thereof, by Delegated Resident or his or her
guests, including without limitation those injuries and damages caused by a Released Party's alleged or actual negligence or breach
of any express or implied warranty, but excepting any liability of Owner arising under law; (b) agrees to indemnify each Released
Party for any injuries to Delegated Resident or any guest or other person or property that Delegated Resident may cause as a result
of occupancy or use by Delegated Resident or any guest; and (c) agrees to reimburse, indemnify and hold harmless Released
Parties from any and all claims, lawsuits, actions, costs, damages, or losses, including costs and expenses, plus reasonable
attorneys’ fees to the extent permitted by statute, that a Released Party incurs or may incur as a result of any breach of the
Agreement by Delegated Resident. The forgoing release will be binding to the fullest extent permitted by law.
5. This Delegation represents Owner’s entire agreement with respect to its subject matter and may not be amended or modified
except in writing, signed by all parties. This Delegation is governed by Ohio law and any dispute will be subject to exclusive
jurisdiction as stated in the Agreement.
SEE BELOW FOR ELECTRONIC SIGNATURE SEE BELOW FOR ELECTRONIC SIGNATURE
Primary Resident signature date Delegated Resident signature date
WHEREAS, Primary Resident is party to the attached Housing Agreement (the “Agreement”) for a bedroom space (the “Space”) at
1562 Magnolia Drive, Oxford, Ohio 45056, known as “Annex” (the “Property”), and wishes to delegate to Delegated Resident his/her
right to reside in the Space for the time period stated above; and Owner consents to such delegation under the terms stated below.
THEREFORE, in consideration of their mutual promises, the parties agree:
1. Primary Resident hereby delegates exclusively to Delegated Resident, during the time period specified above, his/her right to
access and make personal residential use of the Space, together with its standard installed fixtures and furnishings, including
shared use together with other residents of the apartment, as assigned by Owner from time to time, of accompanying unit common
areas, furnishings and appliances in the assigned apartment, under the terms of the attached Agreement. Only the named
Delegated Resident may occupy the Space during such period.
2. Primary Resident understands and agrees that he/she remains a party to and fully bound by the Agreement, which remains in
effect. This Delegation is not an assignment. Primary Resident (and Primary Resident’s guarantor, if applicable) will remain
personally responsible for all financial obligations arising under the Agreement and for any breach of the Agreement by
Delegated Resident, including during the period of delegation. Primary Resident is responsible for making timely payment of all
charges coming due under the Agreement and/or for ensuring timely payment by Delegated Resident.
3. Delegated Resident has read, understands and agrees to abide fully by the Agreement and all rules and policies for the Property
as if he/she were the Primary Resident during the entire period of delegation. In the event of any default in payment or other
breach under the Agreement, Delegated Resident agrees that Owner may in its discretion take any lawful action, including claims
for reimbursement or payment, against Delegated Resident as if Delegated Resident were a directly-contracted resident of the
Property, cumulatively with its rights as to Primary Resident, and/or may terminate Delegated Resident’s rights under this
Delegation.
4. Delegated Resident: (a) ASSUMES ALL RISKS associated with use of the Space and the Property, and agrees to hold harmless,
release, defend and indemnify Owner, its managing agent and their respective subsidiaries and affiliates, and their respective
agents, employees, representatives, assignees, trustees, members, shareholders, partners, directors and officers (“Released
Parties”), from all liabilities and claims for injury or death to persons or damage or theft to property arising from the use,
occupancy, presence at or other interaction with the Property or any part or contents thereof, by Delegated Resident or his or her
guests, including without limitation those injuries and damages caused by a Released Party's alleged or actual negligence or breach
of any express or implied warranty, but excepting any liability of Owner arising under law; (b) agrees to indemnify each Released
Party for any injuries to Delegated Resident or any guest or other person or property that Delegated Resident may cause as a result
of occupancy or use by Delegated Resident or any guest; and (c) agrees to reimburse, indemnify and hold harmless Released
Parties from any and all claims, lawsuits, actions, costs, damages, or losses, including costs and expenses, plus reasonable
attorneys’ fees to the extent permitted by statute, that a Released Party incurs or may incur as a result of any breach of the
Agreement by Delegated Resident. The forgoing release will be binding to the fullest extent permitted by law.
5. This Delegation represents Owner’s entire agreement with respect to its subject matter and may not be amended or modified
except in writing, signed by all parties. This Delegation is governed by Ohio law and any dispute will be subject to exclusive
jurisdiction as stated in the Agreement.
SEE BELOW FOR ELECTRONIC SIGNATURE SEE BELOW FOR ELECTRONIC SIGNATURE
Primary Resident signature date Delegated Resident signature date
2 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
3 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
4 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
5 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
6 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
7 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133
8 Yan Luo IP: 174.233.0.70 01/28/2018 16:02:13 PM ( MST ) Signature of Resident-ID: 1268133