Notre Dame de Namur Universi= ty

LICENSE AGREEMENT FOR ON-CAMPUS RESIDENCE

2010-2011 ACADEMIC YEAR TERMS AND CONDITIONS OF OCCUPANCY

The information conta= ined in this License is extremely important. In order to assist you in the proce= ss of reading this document, please use the table of contents below to guide y= ou through the following pages.

I. = General Terms and Conditions

= a. = License

= b. = Deposit/Payment

= c. = Rates per semester for Housing and Meal Plans

= d. = Refund/Cancellation Policy for Fall and Spring semesters

= e. = Housing = Refund Schedule

= f. = Meal Plan Refund/Changes

II. = Administrative Polici= es and Procedures

= a. = Health Insurance

= b. = Residency Requirement

= c. = Dates of Occupancy

= d. = Assignment Policy

= e. = Check-in= and Check-out Procedures

= f. = Room Cha= nges

= g. = Consolid= ation/Occupancy Policy

= h. = Immunization Recommendation

= i. = Universi= ty Liability

III. = Policies Regarding Residential Living

= a. = General Policies

= b. = Condition of room/apartment, damages, = and furnishings

= c. = Phone Se= rvices

= d. = Ethernet Services

= e. = Cable TV=

= f. = Medical = and Pregnancy

= g. = Lock-out= s

IV. = Rights Reserved to the University

= a. = Right of Entry

= b. = Termination

= c. = Nonwaiver of Covenants and Conditions

= d. = Right to Modify

= e. = Compliance

= f. = Parental Responsibility

= g. = Governing Law

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ;

I. GENERAL TERMS AND CONDITIONS=

a. License. Notre Dame de Namur University gra= nts a student conditional permission to occupy a residence hall room / apartment = as a Licensee upon proper completion of University on-campus residence procedures. The License for On-Campus Residence legally binds the student for room and meal plan charge= s for a period determined by the Universi= ty not greater than one academic year, which includes the Fall= and Spring semesters, or the remaining portion thereof. The License agreement is formed when a signed, completed application, by the student, is accepted by= the University and the University confirms a room / apartment space for the student. By signing the completed Housing Application, student residents ag= ree to all terms set forth in this document including the agreement to pay for = all housing and meal plan charges. In order to obtain on-campus residence, students are required to be currently enrolled at Notre Dame de Namur University for a minimum of either 6 undergraduate units or 4 graduate units.&n= bsp; It is mandatory that students participate in one of the three meal plans as a condition of this license. This license does not confer exclusive possession but a right to occupy space. The student is not a tenant and does not have the rights of a tenant. The student does not have any exclusive possession or exclusive occupancy or any premises on the campus of the University. This is not a lea= se.

b. Housing Reservation Fee. New resident students are required= to pay a non-refundable $200.00 housing reservation fee with their housing app= lication, after which the University will process the housing application. For new students this is included as part of the $400 “Intent to RegisterR= 21; deposit.

= c. Rates per Semester

= Room Rates &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Charge

Triple Occupancy Apartment = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; $ 3,805

Triple Occupancy Room (If required due to occupancy) &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; $ 3,155

Double Occupancy Room = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; $ 3,805

Double Occupancy Apartment (If Offered) = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; $ 4,690

Room in New Residence Hall (Single Occupancy) &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; $ 4,690

= Board Rates = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = Charge

Meal Plan 1 (11 meals with $400 flex) &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; $ 1,895

Meal Plan 2 (15 meals with $300 flex)<= span style=3D'mso-tab-count:1'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; $ 1,995

= Meal Plan 3 (19 meals with $250 flex) &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; $ 2,055

= Reservation = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = Charge

Housing reservation fee (non-refundable) = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; $ 200

d. Refund/Cancellation Policy/ CANCELLATION POLICY

= ; A request to cancel housing must be submitted in writing. St= udents must complete a housing exit form in order to officially cancel their Housing and be eligible for a possible proration of housing fees. The date used to determine any applicable refund is the date the student formally and properly checks out of Housing. Refund or cancellation requests will be processed and reviewed in compliance with this License Agreement and is not guaranteed. Refunds or cancellation fees will = be determined according to the following schedule:

<= b>Fall Semester&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Charge

- cancellation notific= ation received from May 8 to July 31 (returning residents only): &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; $ 200

- cancellation notific= ation received after July 31: &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; <= /span>$ 400

<= span style=3D'font-size:9.0pt'>

<= b>Spring Semester&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; <= /span>Charge

- cancellation notific= ation received on or before December 10: &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; $ 200

- cancellation notific= ation received after December 10: &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; $ 400

If a resident does not check in by the end of the second week of classes, his = or her assignment may be automatically cancelled and the student’s university account will be charged a $400.00 cancellation fee (this applies to returning residents). Any student resident who cancels h= er/his housing between the time she/he checks in and the end of semester check-out time is subject to a $400.00 cancellation fee and will be charged on a percentage basis for the time she or he was in residence. Any student who is removed from University housing for conduct reasons is not entitled to any reimbursement= of room or board expenses. Cancellation fees do not apply to students who with= draw from the University, take a Leave of Absence from the University or those w= ho are removed from the University for administrative reas= ons.

e. Ho= using and Meal Plan Refund Schedule = Refund

Check out prior to October 1 = &nb= sp; = &nb= sp; 75%

Check out prior to November 1 = &nb= sp; = 50%

Checkout prior to December 1 = &nb= sp; = 25%

Checkout prior to February 1 = &nb= sp; = 75%

Checkout prior to March 1 = &nb= sp; = &nb= sp; 50%

Checkout prior to April 1 = &nb= sp; = &nb= sp; 25%

f. Meal Plan Refunds / Changes. To= switch to another Meal Plan, a student must submit a meal plan change form to the Housing Office by September 15, 2010 for the fall semester or January 19, 2= 011 for the spring semester. Students may increase their meals per week at any time. Meal plan change forms are available at the Housing Office. Cancelled meal plans (based upon a student cancelling his/her housing) shall be prora= ted on a percentage basis based upon dates of occupancy and use.

II. ADMINISTRATIVE POLICIES AND PROCEDURESI.

a. Health Insurance. NDNU req= uires that all resident students have medical (accident and sickness) insurance. The premium will be included on your billing statement each semester unless a waiver form is completed and returned to Health & Wellness Services prior to the first day of classes. Students with comparable coverage may waive out of the NDNU Insurance Plan if a signed wa= iver form is submitted to Health &Wellness Services by the first day of clas= ses. “Comparable Coverage” means that the policy meets the following criteria: No greater than $1000 deductible; No less than $100,000 medical maximum per injury or sickness; Coverage must include pregnancy benefits; Coverage area must include San Francisco Peninsula; Coverage must not be for Emergency Care only; Coverage must meet state and federal benefit mandates; coverage must be extended through academic year. Students must notify Health & Wellness Services of any changes in policy or coverage during the academic year. Failure to maintain such medical insurance coverage shall constitute a material breach of the terms and conditions of the studentR= 17;s License. A new waiver form must be submitted ANNUALLY or after a break in academic studies.

b. Residency Requirement. On campus residence is required of all full time First Year and Sophomore students (60 units= or less) under the age of 22. Exemptions from this policy for medical, rel= igious, and/or financial hardship may be requested and are reviewed on a case-by-ca= se basis to be decided by the sole discretion of the University. In addition to a medical, religiou= s, or financial hardship, the student must live at home with her or his parents or other guardian within San Francisco, San Mateo, Marin, Santa Clara, Contra Costa, or Alameda counties. The procedures and form for obtaining a housing exemption are available in the Housing office or online. Completing the Exemption form will= not constitute an automatic release from the residency requirement. Failure to attain an approved exemption from the Housing Office will result in the pos= ting of the semester housing and meal plan charges to the student’s NDNU account. For further informat= ion, please see the Residency Requirement Policy and Housing Exemption form at <= u>http://www.ndnu.edu/campus-life/housin-res-life/. POLICIES A

c. Dates of Occupancy. It = is understood that dates for occupancy are for the Fall and Spring semesters as designated by the University calendar. Students who arrive prior to the official opening will not be permitted to move in. For Fall and Spring semesters, residents must check-out of their University residence wi= thin 24 hours after their last final, but no later than 5:00 PM on the Friday th= at finals end. Departures after = the official closing of residence halls must be approved by the Director of Hou= sing & Residence Life and will result in additional charges.

Occupancy Periods: &n= bsp; Fall Semester: &nbs= p; 8/19/10 - 12/10/10 (New Students)

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; 8/24/09 - 12/10/10 (Returning Students)

= ; &n= bsp; = ; &n= bsp; Winter: &= nbsp; 12= /11/10 - 1/10/11

= ; &n= bsp; = ; &n= bsp; Spring Semester: 1/= 10/10 - 5/6/11

= ; &n= bsp; = ; &n= bsp;

Winter and Summer Housing: For all students, wint= er and summer housing is contracted through the Housing Office on a weekly basis. Current rates are printed on the Winter and Summ= er Housing application.

Fall Semester: For new students, halls open Thursday, August 26 at 9:00 AM. For returning students, halls open Tuesday, August 31 at 9:00 am.&= nbsp; Halls close on Friday, December 10 at 5:00 PM. Residents are permitted to keep their possessions in their rooms / apartments over the wi= nter break. However, the Universit= y is not liable for any loss or damages to student possessions over the Break du= e to fire, water damage or theft (see below for University Liability). Students may occupy their ro= om / apartment over the Mid-term and Thanksgiving breaks. All Residents must formally and pr= operly check out of housing per the prescribed measures of Housing & Residence Life prior to leaving for Winter Break.

Spring Semester: Hall= s open Tuesday, January 10 at 9:00 AM. Halls = close on Friday, May 6 at 5:00 PM. Students may occupy their rooms / apartments over Spring Break. Students must completely move out = and clean their rooms / apartments at the end of the Spring Semester.

= ;

d. Assignment Policy. Room assignments (for first-time residents) are confirmed after the application = and designated deposits / payments have been accepted by the University. On cam= pus housing is guaranteed to all first year and second year resident students. Assignments are based upon the information the student provides on the resi= dent housing application, with roommate and living preferences being honored whenever possible. Residence = hall rooms are assigned on the basis of double or single occupancy. Apartments are assigned on the bas= is of triple occupancy. Students with 60 units or above are eligible for assignme= nt to Carroll, Kane, and Wilkie Apartments.&n= bsp; However, placement in one of these apartments is not guaranteed.

e. Ch= eck-in and Check-out Procedures. A stud= ent is considered officially checked in to and out of University Housing once all procedures outlined in the University assignment letter and check-out forms= are completed by the student.

f. Room changes must be made according to housing procedures. Room / roommate changes are not permitted during the first two weeks of the Fall= or Spring semester. The Universi= ty reserves the right to reassign students for administrative or disciplinary = reasons.

g. Consolidation / Occupancy Policy. <= span style=3D'font-size:9.0pt'> Whe= re vacancies occur, Housing & Residence Life reserves the right to fill the vacancy through consolidation. Consolidation means: (a) filling vacancies at the discretion of the Housing Office; (b) residents without a roommate requesting another roommate, and making arrangements with the Housing Offic= e; or (c) de-tripling rooms, moving residents in triples to open spaces. The resident must contact the Hous= ing Office when there is a vacancy, failure to do could result in being charged= for a single room. The Housing Of= fice will notify students of changes with as much advance notice as possible and room moves must be completed within 5 days of notification. Housing rates will reflect changes in occupancy (please see housing rates above). Students who fail to consolidate will be charged for a single room.

h. Immunization Requirements and Recommendations. Notre Dame de Namur University requires th= at students have up to date Measles, Mumps and Rubella vaccines, and Tuberculo= sis test within the last year. The American College Health Association also recommends: Meningitis, Hepatitis B and A, Tetanus, and HPV for females.

i. University Liability. The University shall not be held responsible if it is delayed or prevented from fulfilling any of the terms or provisions of this License because of circumstances beyond its control. The University is not responsible for loss or damage that occurs on University property to the student’s property or person. The University does not provide ca= sualty or other insurance coverage for the property of students and their guests.<= span style=3D'mso-spacerun:yes'> It is suggested that students purc= hase insurance or have their possessions added to their parents’ homeowner= /rental policy.

III. POLICIES REGARDING RESIDENTIAL LIVING

a. General Policies. = Each resident student is responsible for full compliance with the standards, procedures and regulations set forth in this License, in the University Catalog, and the Student Handbook = as well as those standards, procedures and regulations which hereafter may be amended / enacted and promulgated during the academic year of this License. The student shall not allow anyone to live in his or her room / apartment who is not assigned to = it by the Housing Office, or to assign, sublet, mortgage, or hypothecate this License in whole or in part, to any other person. Residents agree to comply with all applicable state and federal laws and University standards, procedures and regulations and to respect the rights, privileges, and property of other members of the University community; those who fail to do so in the judgmen= t of the University will be subject to student discipline and/or termination of their License for On-Campus Residence prior to its scheduled expiration. Students who live in the residence buildings are responsible for their living enviro= nment. Courtesy and consideration for oth= ers shall be maintained at all times.

b. Condition of room / apartment, damages,= and furnishings. The student is held responsible for damages withi= n his / her room. Each resident stu= dent residing in the room/apartment will be charged equally for room damage when= it cannot be determined which resident student is responsible for the dam= age. Damage to public areas not assesse= d to specific individuals is considered communal damage and will be prorated and charged to all students residing on that floor, residence hall, or apar= tment building. Resident students a= re responsible for cleaning their room or apartment and may not deposit trash = in any common area except those designated for bulk trash disposal. Bicycles may only be stored in roo= ms / apartments and in designated areas outside the residence halls or apartments. No permanent alterations or additions of any kind may be done to the rooms / apartments = or structure except by the University.&n= bsp; Residence hall rooms/suites are furnished with standard or extra long twin-size beds, dressers, desks, chairs, mirrors, sinks and closets or wardrobes. Each apartment is furnished with beds, dressers, mirrors, sofa, chairs, tables, bookshelves, small refrigerator and stove / oven. A student will be financially responsible for any furniture missing = or damaged when he / she checks out of the room / apartment. All furniture fou= nd in the room / apartment must stay inside the room / apartment during the en= tire occupancy period. Apartment furniture may not be stored on apartment balconies.

c. Phone service. Each room / apartment contains a phone jack with local service at no extra charge. Student residents must provide the= ir own phones. No alterations or additions of any kind may be done to the wiring except by the University. Mis= use of the phone security system is a serious offense and may be cause for termina= tion of the License for On-Campus Residence.

d. Ethernet Service. Each room / apartment contains an Ethernet service at no extra charge. Students must provide= their own Ethernet cable and card. To receive Ethernet service, students must sig= n up at the Office of Information Technology. All students are expected to be responsible for reviewing and agreeing to the NDNU Acceptable Use policy provided by the Office of Information Technology. No alterations or additio= ns of any kind may be done to the wiring or hardware except by the University. Misuse of the Ethernet system is a serious offense and may be cause for termination of the License for On-Campus Residence.

e. Cable TV. Each room / apt contains a cable TV outlet for cable TV service at no extra charge. Students must provide= their own cable and TV.

f. Medical and Pregnancy. A resident who is medically compro= mised or is pregnant or becomes pregnant while occupying University housing must inform the Director of Housing & Residence Life and the Director of Hea= lth Services. In the case of preg= nancy, the resident may remain in campus housing as long as she is in compliance w= ith prenatal care and doctor’s recommendations until her 36^th week. If, in the view of the University, there are disruptions to the educational processes and/or residential activities for any person, or endangerment of the health/safety= of the mother or unborn child, the University reserves the right to withdraw t= he student from University housing. Notre Dame de Namur University does not permit infants or children to live in student housing. If a resident is managing a medically compromising condition and is still enroll= ed in classes and completing course work, she or he can remain in University Housing while recovering.

g. Lock-outs. Students who lock them= selves out of their building or room assignment will be granted one courtesy entry= by a staff member per semester. Every lock-out thereafter will result in a lock-out fine.

IV. RIGHTS RESERVED TO THE UNIVERSITY

a. Right of Entry. The University reserves t= he right of entry into residents’ rooms / apartments by designated perso= nnel to make necessary repairs, to conduct inventory / condition inspection, to assure health and safety standards are met, to investigate a reasonable bel= ief that a violation of University regulations or law exists, and in the event = of an emergency situation. The University respects residents’ privacy insofar as consistent with the University policies and procedures; advance notice of entry will be given if reasonable to do so.

b. Termination. This License may be terminated and = all rights of occupancy may be canceled at the University’s option under = any of the following conditions and notice via the student’s NDNU student email account: (a) upon ceasing to be a registered student by reason of gra= duation, transfer, withdrawal or termination (voluntary or involuntary) of student status; (b) determination by the Director of Counseling Services or Dean of Students that a student is unfit to live in the University residence halls = or apartments; (c) in the University’s judgment, breach of any of the te= rms and conditions of this License, policies as set forth in the University Catalog and / or Student Handbook as well as those standards, procedures and regulations which hereafter may be amended / enacted and promulgated during the same academic year of this License; (d) failure to m= ake required payments when due (continued delinquency in payment may result in termination of student status); (e) for reason of forced measure closure or= any other condition or occurrence which is beyond the control of the University. Upon termination = of this License pursuant to this paragraph or upon expiration of the period of occupancy as provided by this License, the resident shall vacate the reside= nce hall and remove from there all personal property within 48 hours of notice.= The University may dispose of property not removed at the occupant’s ex&s= hy;pense and collect the cost thereof by direct billing or through a hold on registration, transcript or related methods.

c. Nonwaiver of Covenants and Conditions. = The= failure of the University to insist upon strict performance of any of the covenants or conditions of this agreement or to avail itself of any rights = or privileges enumerated herein, in any one or more instances with regard to a= ny one or more students, shall not constitute a waiver or relinquishment = for the future of such a covenant, condition, right or privilege, but the same shall remain in full force or effect.

d. Right to Modify. The University reserve= s the right to make and promulgate such modifications and / or additional rules, regulations and policies which in its judgment may be reasonably necessary = or appropriate for the safety, care, and general welfare of the residents and = to adjust charges or costs for accommodations, facilities, and food servi= ces.

e. Compliance. The University reserves the right to withhold grades, records, degrees, credits, or other documentation in the e= vent that there is a material breach of this License by the student. The University has the right to co= ntinue such withholding until such time as the student completely complies with any financial obligation under this License.

f. Parental Responsibility. If = the student is a minor (under eighteen years of age) his / her parent or l= egal guardian must become a party to this License and sign this agreement (on the Housing Application) as evidence of accepting responsibility. Failure to do so shall be consider= ed a material breach of agreement.

g. Governing Law. At all times interpretati= on and enforcement of this License will be governed solely by California law.=