Addendum:
Property Damage Liability Waiver Program
(Not a Renters Insurance Policy Issued to Resident)
*This Addendum is incorporated into the Lease. To the extent the terms of this Addendum are found to be inconsistent with the terms of the Lease, the terms of this Addendum will control.
To meet the minimum Liability Insurance requirements of this Lease, you are eligible to participate in the Community's Property Damage Liability Waiver Program (the "Program") at a cost of $13.00 per month.
You will be automatically enrolled in the Program when your lease begins unless you opt out of enrollment.
Participation in the Program waives Resident's obligations under the Lease:
- to purchase and maintain at least $100,000 in liability insurance; and
- to indemnify Landlord up to $100,000 for damages that result from Resident's negligence, to the extent they arise from fire; sudden and accidental smoke; explosion; or water or other liquid that leaks, flows, or overflows from plumbing, heating, air conditioning, other equipment or fixtures, or personal property.
The Program only waives Resident's liability to Landlord and does not cover liability to third parties except as provided below. The Program also covers on a per incident basis up to $10,000 in damage to personal property and $1,000 in additional living expenses when Resident's negligence causes the above types of damage and Program limits otherwise have not been exhausted.
Program Limits, Exclusions, and Requirements
In no event will the Program cover liability or loss in excess of $100,000 that arises out of the same originating cause, whether filed as a single claim or a series of claims; any amount of loss or liability in excess of $100,000 remains subject to the Lease terms. Coverage for personal property loss or living expenses erodes the $100,000 maximum and, subject to the sublimits referenced above, will be covered in the following priority: first, to pay for damage to Landlord's property (e.g., damage to the apartment); second, damage to the personal property of other residents; third, the additional living expenses of other displaced residents; fourth, damage to Resident's personal property, and fifth, Resident's additional living expenses. The Program covers up to two (2) accidents per enrolled Resident within Landlord's annual Program policy period.
The Program does not cover, by way of example only: (i) damage caused by intentional misconduct; (ii) claims of bodily or personal injury; (iii) damage or loss caused by theft, burglary, or vandalism; (iv) damage from frozen or burst water pipes not arising from resident negligence; and (v) damage resulting from or associated with a breach of the lease, including, but not limited to, damage caused by illegal substances or malicious acts. Landlord does not maintain insurance for Resident's benefit other than as described. Resident should consult an insurance professional to determine Resident's personal insurance needs. Participation in the Program does not prohibit or otherwise restrict Resident from purchasing Resident's own insurance.
Resident must immediately report all property damage to Landlord. Failure to report property damage within twenty-four (24) hours of becoming aware of such damage may result in loss of any otherwise available coverage.