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| =2010-2011 BERKELEY STUDENT COOPERATIVE CONTRACT=
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| ===TERMS AND CONDITIONS OF RESIDENCE - READ BEFORE SIGNING===
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| This CONTRACT entered into this day, by and between the Berkeley Student Cooperative (BSC), and the undersigned, hereafter referred to as Member. '''WITNESSETH:'''
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| 1. '''MEMBERSHIP QUALIFICATIONS.''' Registered students at the University of California at Berkeley and other students who meet the criteria established by the BSC Board of Directors qualify for current membership in the BSC. In order to remain eligible for current membership in the BSC, a person must either remain a registered student at the University of California at Berkeley or submit the required forms and secure the approval of the Administrative Committee in advance of each semester of residency. Should a member become ineligible, he/she shall quit the premises immediately upon the conclusion of the last semester of eligibility. However, it shall be the responsibility of the member to properly cancel this agreement in anticipation of that quitting. In unusual circumstances, applicants may be required to demonstrate to the satisfaction of the Administrative Committee their ability to perform the terms and conditions of this contract. BSC reserves the right to deny membership or renewal of membership to any person. This agreement, ''inter alia'', creates a tenancy within California Civil Code Section 1940(a).
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| 2. '''DESCRIPTION OF PREMISES.''' In consideration of the performance of all the covenants and conditions herein, as of the effective date hereof, the BSC does hereby undertake to provide room and board to Member as described below. '''This contract does not guarantee specific houses, rooms, room sizes, or roommates, and the BSC reserves the right to reassign members within the BSC, at any time during the term hereof, in order to make the most effective use of available space, or for any other reason to further the harmony, effectiveness or other organizational goals the Board of Directors may from time to time determine.'''
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| 3. '''PERIOD OF RESIDENCE.''' The effective date of this contract shall be the first day of the first semester of residence as defined below, or the date this contract is accepted, whichever is later. This contract is for the two full consecutive semesters of the BSC year, namely: the Fall semester commencing August 20 and ending December 17, 2010, and the Spring semester commencing January 14 and ending May 19, 2011. Contracts accepted for the Spring semester shall be for that semester only. There shall be no residence charge for the period between semesters or UCB Spring Break. Members not remaining in the same hall for the following semester must vacate by midnight on the last day of the semester.
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| '''4. RESIDENCE CHARGES.''' The residence charges for room and board at African American Theme House, Andres Castro Arms, Casa Zimbabwe, Cloyne Court, Davis House, Euclid Hall, Hoyt Hall, Kidd Hall, Kingman Hall, Lothlorien, Ridge House, Sherman Hall, Stebbins Hall, Wilde House, and Wolf House will be '''$3,330.00 per semester.''' Due to the decentralized nature of the organization, and the uncertainty regarding operating costs, the Board of Directors may increase semester residence charges in any amount not to exceed 10 percent of the total semester’s residence charges, or may decrease the residence charges if economic conditions warrant. In addition, residence charges will also include any amount determined by the House to pay for the reasonable value of any workshift hours not performed in accordance with this contract, utility and decentralization budget overruns, telephone bills paid by the House or the BSC, and other incidental expenses incurred by the BSC in making services or activities available to the member. Each member shall also perform any workshifts required by the house as part of the consideration in exchange for this contract.
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| 5. '''FOOD SERVICE.''' Food service begins on the first day of the contract period, and ends with dinner on the last day of UCB finals for each semester. Food is provided for 19 meals per week, but meals and meal service may vary depending upon the majority preference in each individual House. Meal times vary at the discretion of the House. Food Service shall not be provided during academic breaks.
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| 6. '''PAYMENTS.''' Residence charges are due in full in advance, or by installments. All members must pay a $250.00 security deposit ($175.00 for EOP students). In addition, new BSC members must pay a non-refundable membership fee upon entrance. The first payment must be returned with this contract. The remaining payments will be due on September 15 and October 13, 2010 for Fall AND December 8, February 9 and March 9, 2011 for Spring.
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| Residence charges become delinquent if not paid on or before the due date. A $20.00 service charge shall be assessed immediately for each delinquent payment with an additional $40.00 late charge assessed against any account remaining in arrears two weeks after the payment due date. Delinquent payments shall bear interest at the rate of 12.0% per annum on any remaining balance. Member also agrees that, in the case of default in the payment of any said installments, the entire unpaid balance of said residence charges noted above shall, at the option of the BSC, be due and payable, of which election notice is expressly waived.
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| 7. '''BREACH OF CONTRACT.''' The BSC incurs administrative expenses in the event the Member breaches his/her contract. These administrative expenses include, but are not limited to, advertising for replacements, locating and contacting replacements, determining and computing the Member’s prorated residence charges, and collecting any amounts due or refunding any credit balances. The BSC has attempted to determine the exact amount of these damages suffered by the BSC in the event of breach by Member, and has concluded that the exact amount of damages cannot be ascertained. However, the Member and the BSC agree that $150.00 is a reasonable approximation of the damages. '''Liquidated damages in the amount of $150.00 will therefore be charged to the Member who breaches this contract.''' Payment of such liquidated damages shall be in addition to the requirement of the Member to fully perform his/her obligations under this contract, including the obligation to make any and all payments specified by its terms, until the BSC finds an acceptable substitute to assume this contract and releases the Member from this contract. In the event of breach by Member, the BSC may require full payment of all sums due under this contract upon notice to Member of said balance.
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| 8. '''CANCELLATION OF CONTRACT.''' In the event either party refuses to take up this contract upon the starting of the term except as otherwise provided herein, such party shall be liable for any reasonable damages proximately caused thereby. This contract may be cancelled by either party without penalty by giving '''written notice prior to July 14, 2010.''' This contract may be cancelled by either party for the Spring 2011 semester without penalty by giving '''written notice prior to November 10, 2010.''' Cancellation or quitting by Member after these dates will be considered breach by Member according to Article 7. '''Such cancellation or quitting shall not relieve Member of liability for residence charges, nor shall it relieve Member of liability for all other amounts due under this lease.'''
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| If the BSC is unable to deliver possession of premises at the commencement hereof, the BSC shall not be liable for damage in excess of the BSC per diem rate. This agreement shall be voidable at the sole selection of Member, and Member shall not be liable for any residence charges until possession is delivered.
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| In the event Member quits the premises before the term is up, the BSC is expressly authorized to re-enter the premises for the purpose re-letting. Upon written notice of such cancellation, the BSC agrees to make all reasonable efforts at replacing the Member and reduce the Member’s charges accordingly. Members who cancel or quit after the deadline are placed on a list, (the Replacement List), in the chronological order in which notice is received. When a new applicant signs a contract with the BSC, such new applicant shall be deemed to replace the next member on the Replacement List, regardless of the premises to which such new applicant is assigned. Cancellation is a firm commitment to leave and the BSC is hereby authorized to assign another applicant to Member’s room and move Member elsewhere until released from his/her contract. Members who make late cancellations prior to the fourth week of classes (as defined by the U.C. calendar) will be released from their contracts on the 31st day after their cancellation if s/he has not already been replaced through the Replacement List.
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| 9. '''SECURITY DEPOSIT.''' If a Member satisfactorily fulfills the terms and conditions of this contract, the balance of the security deposit will be refunded after the last semester of residence and after all outstanding bills are determined and paid. It is the Member’s responsibility to notify the BSC of his/her last semester of residence in order to facilitate the return of member’s deposit. In addition, Member agrees to compensate the BSC on demand for any expense or damage caused by Member’s willful abuse or neglect or failure to exercise reasonable care; or alternatively, the BSC may allow Member to clean and/or repair said premises, subject to the BSC’s reasonable satisfaction. Member understands and agrees that Member is liable for any damage beyond normal wear and tear, whether done intentionally, negligently or accidentally. At the termination of residency, Member agrees that the premises may be reasonably cleaned, and repaired by the BSC at cost to Member, and the BSC agrees to refund to Member that portion of the deposit which exceeds the Member’s obligation for reasonable cleaning and/or repair, willful abuse or negligence, and unpaid residence charges for above premises. Member understands and agrees that if his/her account is inactive or abandoned for a period greater than 3 years, his/her deposit will be forfeited to and become property of the BSC.
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| 10. '''DEFAULT/FAILURE TO PAY RESIDENCE CHARGES.''' In the event a Member fails to pay residence charges (as defined in Article 4, above) when due, or other amounts owing, or fails to render any performance required of the Member on demand under this contract, the BSC may serve a Notice to Pay, Perform Covenant or Quit, as appropriate, as provided by California law. Member shall thereupon pay the amounts owing, perform the covenants required or peaceably surrender the premises. Should the Member choose to quit the premises, the provisions of Articles 7, 8 and 9 shall apply. Should the Member fail to comply or surrender the premises within the time allowed, the BSC shall have all its statutory remedies as provided by Chapter 4 of Title 3 of Part 3 of the California Code of Civil Procedure including the right to recover treble damages in an appropriate case. Liability for any residence charges under this contract shall be individual only. In the event this agreement is an extension or renewal of a prior agreement and Member is, for any reason, in default under such prior agreement, such default shall be deemed a default under this agreement and the BSC may exercise its remedies hereunder.
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| 11. '''TERMINATION OF CONTRACT BY THE BSC.''' 15 day notice of pending membership and contract termination will be provided by the BSC. The Member shall have an opportunity for protesting the termination not less than five days before the effective date of termination. The BSC may terminate this contract under the following circumstances:
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| :A) Failure of the Member to meet any of the membership qualifications or obligations placed upon him/her by this contract, the BSC By-Laws, the Administrative Code, the BSC Articles of Incorporation, or the Constitution and By-Laws of his/her respective unit subject to the procedures prescribed by the By-Laws of the BSC. Such failure will be considered breach by Member and disposition of the Member’s deposit will be according to Articles 7 and 9.
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| :B) Failure of the Member to meet any of the membership qualifications or obligations, including monies owed, placed upon him/her during any previous contract period by that contract, the BSC By-Laws, the Administrative Code, the BSC Articles of Incorporation, or the Constitution and By-Laws of his /her respective unit subject to the procedures prescribed by the By-Laws of the BSC. Such failure will be considered breach by Member and disposition of Member’s deposit will be according to Articles 7 and 9.
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| :C) When a contract holder or applicant does not claim his/her reservation by Sunday of the first week of the semester or notify the BSC office prior to the date of the late arrival, the BSC shall consider the contract holder to be in breach of this contract according to Article 7 as of the following Friday.
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| :D) If a Member with a reservation for the following semester leaves a balance owing on the last day of the semester, his/her contract for the following semester may be terminated. Such failure to pay shall be considered breach and disposition of the Member’s deposit will be according to Articles 7 and 9.
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| :E) If a Member has a health condition which in the opinion of a competent medical authority endangers the health of the other Members. The Member’s deposit shall be refunded in this case.
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| :F) If, in the opinion of the BSC Executive Director, BSC President, and his/her Unit Manager, the Member constitutes an immediate danger to the safety of other BSC Members. Member shall be considered to be in breach of this contract and disposition of the Member’s deposit will be according to Article 7 and 9.
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| 12. '''TERMINATION OF CONTRACT BY MEMBER.''' Upon request of the Member, the Administrative Committee shall terminate his/her contract without liquidated damages or other penalty except as provided in Article 9 by the BSC for the following reasons, provided, however, he/she does not delay in notifying the BSC:
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| :A) If the Member is forced to leave the BSC due to non-acceptance by the University or withdrawal enforced upon the Member by the University.
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| :B) If the Member is forced to leave the BSC due to illness sufficiently severe to require withdrawal from the University.
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| :C) If the Member is involuntarily inducted into active military service.
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| :D) If the Member is forced to leave the BSC due to unforeseeable absolute economic hardship or family crisis as judged by the Administrative Committee.
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| :E) If the Member is forced to leave the BSC due to circumstances entirely beyond his/her control, as judged by the Administrative Committee.
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| :F) Death of the member.
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| 13. '''TERMINATION AND SURRENDER.''' At the end of the term, Member shall peaceably leave and surrender the premises. Upon failure to surrender the premises, Member shall be liable for damages at the per diem rate of the expired contract and any and all other damages caused by the Member’s acts.
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| 14. '''CONDITION OF HABITABILITY.''' This contract is expressly conditioned upon the continued habitability of the premises. The BSC agrees to place the premises in good repair before Member begins occupancy, and to keep such premises in good repair during the term. Member agrees to use reasonable care in use of the premises, and to keep the premises clean and free of dirt, trash, or filth. If, through any natural or extraordinary force, the premises are damaged or made uninhabitable as defined in the BSC habitability policy, at the option of either party, the contract shall be terminated; provided however that the Member shall give the BSC reasonable opportunity to repair said damage as defined in the BSC habitability policy before terminating his/her contract. The parties agree that no statutory, or otherwise, rules of law are waived by this paragraph. Residents are individually responsible for loss or damage to their rooms, and residents of a hall may jointly be responsible for loss or damage to the common areas. Member agrees to leave premises in good condition.
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| 15. '''ALTERATIONS.''' Member may make no alterations or modification in the physical structure of the premises. Member may however, make changes in decorations. Member may paint at his/her own expense; provided however, the Member secures the BSC’s express approval in advance, and Member pays the BSC a twenty-five dollar ($25.00) deposit above and beyond the security deposit. Member agrees to compensate the BSC on demand for any expenses or damage caused by Member’s willful abuse or neglect or failure to use reasonable care; or alternatively, BSC may allow the Member to clean and/or repair said premises, subject to the BSC’s reasonable satisfaction. At the termination of painting, Member agrees that the premises may be reasonably cleaned and/or repaired at cost to Member. BSC agrees to refund that portion of the painting deposit that exceeds the Member’s obligation for reasonable cleaning and/or repair.
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| 16. '''INVENTORY CONDITION REPORT.''' Each Member is entitled to the following furniture in his/her room: one bed frame, one mattress, one dresser, one desk, and one chair. Member acknowledges receipt in good condition. If said inventory is incorrect in any particular, a statement of objections or defects shall be delivered to the BSC within three (3) days after the first day of the contract period; otherwise it shall be conclusively presumed that the inventory is correct in all particulars. At the end of the term or otherwise upon vacating, the Member shall be responsible for restoration of premises to the same condition as at the beginning of occupancy, reasonable wear and tear excepted.
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| 17. '''LIABILITY FOR THEFT & INJURY.''' Member is advised the BSC does not provide any insurance with respect to Member or Member’s personal property. Member is advised to consider the purchase of suitable insurance for Member’s protection. Member agrees to indemnify and hold BSC, its agents and employees, harmless and in no way accountable for any damage or injury to Member, or any other person, or for the loss of or damage to any property occurring on the premises or any part thereof, including common areas, unless caused by the BSC.
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| 18. '''INSPECTIONS.''' The BSC may enter the Member’s room in order to place a new member in the premises, providing remaining members have been made aware of any vacancy. The BSC may make any reasonable health, safety, or maintenance inspection of the Member’s room with the consent of the Member, or with twenty-four (24) hour written notice in advance to the Member. Such inspection shall be made at reasonable times and in no event prior to twelve noon on weekends. In case of a bonafide emergency, the BSC may enter the Member’s room at any time without the consent or approval or notice to the Member.
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| 19. '''MEMBER’S RIGHTS.''' In addition to residency in a BSC unit, each Member shall have the following rights:
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| :A) Right to attend all meetings not held in executive session.
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| :B) Right to cast one vote at all general membership meetings.
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| :C) Right to speak at all meetings not held in executive session.
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| :D) Right to make and second resolutions, motions, or approvals at meetings not held in executive session.
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| :E) Right to use the facilities of the BSC.
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| :F) Additional rights shall be determined by the individual unit By-Laws.
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| 20. '''MEMBER OBLIGATIONS.''' Each Member is obligated to perform faithfully and as efficiently as possible all work assigned under the workshift system; to respect all rights of neighbors and to protect the organization from public censure arising out of individual or group conduct which may be construed as representative of the organization; and to abide by the rules and regulations governing conduct in the house and to maintain and promote fairness and cooperation essential to congenial, comfortable, and studious living conditions. Any work performed under the workshift system shall be considered an obligation of membership inherent in cooperative living. Membership in the BSC requires residence or boarding at the BSC. Contract holder’s failure to claim his/her reservation at the BSC prevents the contract holder from claiming membership in the BSC.
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| 21. '''RULES.''' It is expected that the Member shall acquaint him/herself with, and abide by, all rules and regulations of the BSC, including, but not limited to the agreements and conditions of this contract, the BSC By-Laws and Administrative Code, and the rules and regulations of the individual unit. In accordance with the By-Laws and Administrative Code of the BSC, the BSC may consider Member’s failure to comply with the aforementioned rules and regulations to be grounds for termination of membership under Article 11, and a breach of contract by Member according to Article 7. Such rules and regulations are on hand, and may be examined at the BSC Office, as well as at the Manager’s residence in each individual unit of the BSC. The BSC shall not be responsible to the Member for violation or non-performance by any other member of any such rules. Failure, willful or otherwise, by the BSC to enforce any rule shall not be a waiver of its right to subsequently enforce such rules.
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| :A) Non-transferability (subletting). This contract is NON-TRANSFERABLE and may not be sold, transferred or assigned in whole or in part. Violation of the covenant shall be considered breach by Member according to Article 7.
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| :B) Guests. The BSC Guest Policy allows members to host a guest for up to 7 days (consecutive or non-consecutive) with roommate’s permission, and up to an additional 7 days with house council approval. Members violating this covenant by allowing guest(s) to stay beyond these time limits shall be considered in breach of contract according to Article 7.
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| :C) Pets. Dogs, cats, and other warm-blooded animals are prohibited. Violation of this provision will be considered breach by Member according to Article 7 of the contract, will require immediate removal of the pet, and may result in membership termination and eviction.
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| :D) Peace and Quiet. Member agrees not to make any excess noise or create any nuisance such as will disturb the peace and quiet of other members or neighbors.
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| :E) Vacancies. If a vacancy occurs in a suite, room, hall, or apartment, the remaining member(s) agree(s) to accept a new occupant to fill the existing vacancy. Behavior that discriminates against such a newly assigned occupant will be considered grounds for termination of this contract.
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| :F) Use. Member agrees that the premises shall be used exclusively for residential purposes save to the extent that Member may conduct a trade or business customarily carried on in or from the home, subject to any applicable zoning ordinances or regulations of the appropriate municipality.
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| :G) Dangerous Materials. The possession of firearms, volatile solutions, explosives, fireworks, or other dangerous materials is strictly prohibited in or on the premises.
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| :H) Bicycles and Motorcycles. Motorbikes and motorcycles are not permitted in the halls. Bicycles may not be kept in hallways, entryways or other public areas that are not designated for bicycle storage.
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| :I) Unlawful Activities. Member agrees not to use the premises or any part thereof for the conduct of unlawful activities.
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| 22. '''INTERPRETATION OF CONTRACT.''' This instrument shall constitute the sole agreement between the Member and the BSC. Interpretation of this contract shall be the responsibility of the Administrative Committee. The Administrative Committee is responsible for processing appeals of members regarding interpretations of this contract, payment of bills, delinquencies, fines, request for refunds, and for interpreting the Administrative Code. The Administrative Committee is composed of co-op members. Actions by the Administrative Committee are subject to approval by, and may be appealed to, the Board of Directors. If any section or part thereof of this agreement is deemed illegal or inoperative by operation of law, all other provisions of this agreement shall remain in full force and effect. The Member and the BSC assume that the statements made on this contract are correct and that the signatures hereon are valid.
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| 23. '''CHANGES IN CONTRACT.''' The BSC and Member agree that no modification or changes may be accomplished without the written consent of both parties, except as provided herein.
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| 24. '''LEGAL PROCEEDINGS AND COLLECTION FEES.''' If the BSC is required to serve any notices requiring compliance with any of the terms of this agreement, the BSC may charge the Member’s account for its expenses. If the BSC is required to use the services of an outside agency in collecting monies owed by the Member, the cost of collection shall be charged to the Member.
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| This is a CONTRACT between the Berkeley Student Cooperative and_________________.
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| This contract and payment must be received at the BSC Central Office on or before
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| or this assignment may be cancelled by the BSC.
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| I HEREBY SWEAR AND AFFIRM THAT I AM A REGISTERED STUDENT AT THE UNIVERSITY OF CALIFORNIA AT BERKELEY, THAT I MEET THE CRITERIA ESTABLISHED BY THE BSC BOARD OF DIRECTORS FOR OTHER STUDENTS, OR THAT MY ELIGIBILITY HAS BEEN APPROVED BY THE ADMINISTRATIVE COMMITTEE. This CONTRACT is expressly conditioned upon the truth of this statement. I authorize the University of California (or other academic institution listed below) to release any and all information required to verify such status upon the request of the BSC. I understand that if any part of this statement or the information below is found to be false, I shall be considered in breach of this CONTRACT according to Article 7. I hereby affirm that I have never left the BSC in bad standing or, if so, my eligibility to return has been approved by the Administrative Committee. I accept this CONTRACT and agree to abide by the covenants herein. I acknowledge receipt of a copy of this CONTRACT and further understand that this CONTRACT may be cancelled without penalty by giving '''written notice to the BSC Central Office prior to July 14, 2010.'''
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| NOTE: All communications from the Member to the BSC regarding this contract or any condition herein, including its cancellation or payment of residence charges, must be presented in writing to the BSC Central Office at 2424 Ridge Road, Berkeley, California 94709. The Member is responsible for ensuring that all such communications are received by the BSC Central Office on time.
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| I HAVE READ THE FOREGOING BEFORE SIGNING
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