[{"id":"69030817-0918-4694-8a6e-4e2339c47de8","order":1,"text":"DEBT SETTLEMENT AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"periodic installments under the payment plan set out below","type":"remove","operator":"="}]},{"id":"bc56bb60-84ab-4d82-9354-ee85dd783d15","order":2,"text":"DEBT SETTLEMENT AND PAYMENT PLAN AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"fb8060e3-d2e1-44d3-82e1-3145bb919949","order":3,"text":"Full and final settlement of a personal debt for less than the balance claimed","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"3101e47f-8366-4d81-a6fd-580c6d2c22e2","order":4,"text":"This Debt Settlement Agreement (this \"Agreement\") is made and entered into as of [Effective date] (the \"Effective Date\"), by and between:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"periodic installments under the payment plan set out below","type":"remove","operator":"="}]},{"id":"16fd2d1e-ec85-49e0-95c7-b4171366a6ee","order":5,"text":"This Debt Settlement and Payment Plan Agreement (this \"Agreement\") is made and entered into as of [Effective date] (the \"Effective Date\"), by and between:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"14","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"c81c328d-3b42-47e7-91ba-34ab374f5d55","order":6,"text":"[Creditor's full legal name], an individual residing at [Street address], [City, State and ZIP code] (the \"Creditor\"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"825e4969-8454-495d-9d75-d150855fab84","value":"an individual","type":"add","operator":"="}]},{"id":"b37d2cdf-400d-4b01-8d78-421e01995a9a","order":7,"text":"[Creditor's full legal name], a corporation organized and existing under the laws of the State of [State of organization], with its principal place of business at [Street address], [City, State and ZIP code] (the \"Creditor\"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"825e4969-8454-495d-9d75-d150855fab84","value":"a business entity","type":"add","operator":"="}]},{"id":"64f67c27-0f54-41fc-8447-1bcf9e0b2632","order":8,"text":"[Debtor's full legal name], an individual residing at [Street address], [City, State and ZIP code] (the \"Debtor\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a7938052-34f3-48f8-9d5e-8674a8775b6f","order":9,"text":"The Creditor and the Debtor are each referred to in this Agreement as a \"Party\" and together as the \"Parties\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"5d27b9b9-6d4f-4791-bda8-ffea19b42b6b","order":10,"text":"RECITALS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10"},{"id":"6aa88eb7-a908-483c-be1d-3237074a5d15","order":11,"text":"WHEREAS, the Debtor is indebted to the Creditor in connection with [Nature of the debt], bearing account or reference number [Account or reference number], entered into or arising on or about [Date the debt arose] (the \"Account\");","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"11acce04-135f-4a1a-91e8-a1eee165a643","order":12,"text":"WHEREAS, the Creditor is the original creditor of the Account;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"19a19a78-c26f-4d85-b093-3a2ff131f523","order":13,"text":"WHEREAS, the Account was originated by [Original creditor's name] and was subsequently sold, assigned or transferred to the Creditor, and the Creditor represents that it holds all right, title and interest in the Account and is fully authorized to compromise, settle and release it;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"47fba34e-fc6e-4a63-9a45-7cd2f78281d1","value":"the assignee and present owner of the Account","type":"add","operator":"="}]},{"id":"bcbe6833-47ea-4793-b006-d53e5f9351ae","order":14,"text":"WHEREAS, the Creditor asserts that, as of [Balance date], the unpaid amount of the Account, including principal, accrued interest, fees and charges, is $[Claimed balance] (the \"Claimed Balance\");","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"05c44df1-b757-4986-ba72-fb8f1ef2d25a","order":15,"text":"WHEREAS, the Debtor has represented that the Debtor is presently unable to pay the Claimed Balance in full, and the Parties wish to resolve the Account fully and finally without the expense, delay and uncertainty of litigation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2893d73b-e565-4ee2-95c1-8009f767811d","order":16,"text":"WHEREAS, the Creditor is willing to accept a lesser sum in full and final satisfaction of the Account on the terms and conditions set out below;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"72f5b106-1bc1-47c5-a008-abc88f6bf9b7","order":17,"text":"NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"f53a09b1-f0f6-4369-86f7-44f986a4de50","order":18,"text":"1. DEFINITIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S01"},{"id":"a763877b-50f5-4c6b-b094-bd923567c62c","order":19,"text":"In this Agreement, the following terms have the meanings given below. Terms defined elsewhere in this Agreement bear the meanings there given, and a defined term used in the singular includes the plural and the reverse.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fead5687-d067-4894-9aa9-52afd8fef222","order":20,"text":"— \"Account\" means the indebtedness described in the recitals above, together with all principal, interest, fees, charges and costs claimed by the Creditor in connection with it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"176ce29f-4e84-4e2e-b197-03902fb39994","order":21,"text":"— \"Claimed Balance\" means the amount stated in the recitals as the unpaid amount of the Account as of the date there stated.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2327cec1-0627-4beb-a75d-d94ddaa05b38","order":22,"text":"— \"Settlement Amount\" means the reduced sum that the Creditor has agreed to accept in full and final satisfaction of the Account, as stated in the Article entitled \"Settlement Amount\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"5e0b1fbb-c09f-4e5a-8009-a72f5ed8d6f1","order":23,"text":"— \"Forgiven Amount\" means the difference between the Claimed Balance and the Settlement Amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"22c01cbd-a3fb-4a0d-8ffc-e927990b5f29","order":24,"text":"— \"Settlement Payment\" means any payment made by the Debtor on account of the Settlement Amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"e82ea63b-2c05-4cd3-a633-071bd007fde1","order":25,"text":"— \"Event of Default\" has the meaning given in the Article entitled \"Default and Reinstatement of the Claimed Balance\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"4bae0da6-0c57-459d-9d67-0488bfed97ba","order":26,"text":"— \"Business Day\" means any day other than a Saturday, a Sunday or a day on which banking institutions in the State whose law governs this Agreement are authorized or required by law to close.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"be24656e-63d1-4207-8d73-53bcb83e236c","order":27,"text":"— \"day\" means a calendar day, unless a Business Day is expressly specified. A period expressed in days begins on the day after the act, notice or event from which it runs; if the last day of the period is not a Business Day, the period ends on the next Business Day, and a payment falling due on a day that is not a Business Day is due on the next Business Day.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8e5a9691-c1e9-4bdb-a58b-848fc11c5b06","order":28,"text":"2. ACKNOWLEDGMENT OF THE ACCOUNT AND NO ADMISSION OF LIABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S02"},{"id":"63002473-30f4-4c50-ae65-8ab428fa6da3","order":29,"text":"The recitals set out above are incorporated into this Agreement by reference and form part of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"070ba4df-ab77-4b29-b8bc-303e2e870b3f","order":30,"text":"The Debtor acknowledges that the Creditor has asserted the Claimed Balance in connection with the Account. Nothing in this Agreement constitutes an admission by the Debtor of the validity, enforceability or amount of the Account or of any liability whatsoever, and nothing in this Agreement constitutes an admission by the Creditor of any wrongdoing or of the merit of any defense or claim asserted, or capable of being asserted, by the Debtor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a3854dae-1d92-4766-bd14-78be213c7b07","order":31,"text":"This Agreement is entered into solely as the compromise of a disputed or doubtful claim. It shall not be construed as, offered as, or received in evidence as an admission of liability by either Party in any proceeding, other than a proceeding brought to enforce this Agreement itself.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fd9f5be3-d3cb-4cd4-bf2a-d938caf199af","order":32,"text":"The Debtor acknowledges having been advised that, in many states, making a payment on a debt or signing a written acknowledgment of a debt may restart or revive the period of limitations applicable to that debt, and that the Debtor has had the opportunity to obtain independent legal advice on that point before signing this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"41ef8fb6-a79d-4833-9819-cb4fac9487d4","order":33,"text":"Neither this Agreement nor any Settlement Payment made under it is intended by the Parties to acknowledge, revive, restart or extend any period of limitation that has already expired in respect of the Account, and the Creditor shall not contend otherwise in any proceeding.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"33025055-fad3-4cc1-8078-e1e7257a83c9","order":34,"text":"Where the Creditor is a debt collector within the meaning of the Fair Debt Collection Practices Act and of Regulation F, nothing in this Agreement is intended to waive the right of the Debtor to dispute the Account or to request verification of the Account under 15 U.S.C. § 1692g and 12 C.F.R. § 1006.34, and the Creditor represents that it has complied with the validation requirements applicable to it in respect of the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"47fba34e-fc6e-4a63-9a45-7cd2f78281d1","value":"the assignee and present owner of the Account","type":"add","operator":"="}]},{"id":"28ccc9bc-7e80-4cdb-a1f8-6e5a3b36dbd5","order":35,"text":"The Creditor further acknowledges that a debt collector must not bring, or threaten to bring, a legal action against a consumer to collect a debt for which the applicable statute of limitations has expired, as provided by 12 C.F.R. § 1006.26(b), and that nothing in this Agreement entitles the Creditor to do so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"47fba34e-fc6e-4a63-9a45-7cd2f78281d1","value":"the assignee and present owner of the Account","type":"add","operator":"="}]},{"id":"23a75d1b-84d9-4960-a763-8e7a60c9cdc9","order":36,"text":"3. SETTLEMENT AMOUNT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S03"},{"id":"d0558d82-73d9-4433-b917-ce54605ec8a3","order":37,"text":"In full and final satisfaction of the Account, and subject to the Debtor's full and timely performance of this Agreement, the Creditor agrees to accept the sum of $[Settlement amount] (the \"Settlement Amount\"), payable in a single lump-sum payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ddd9dc4-3914-4db5-adb6-93c1fc4af4e2","order":38,"text":"Upon receipt by the Creditor of the Settlement Amount in full and in accordance with this Agreement, the Forgiven Amount shall be permanently cancelled, forgiven and extinguished, and the Creditor shall have no further claim against the Debtor in respect of the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d33255cc-8f4d-4d2d-a3a0-854d1047bd83","order":39,"text":"The Settlement Amount is accepted in compromise of a disputed claim and does not represent the Creditor's valuation of the Account or of any collateral securing it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7f115c91-5b67-4e23-9491-6bdde03e235d","order":40,"text":"4. TERMS OF PAYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S04"},{"id":"94fd5537-ed91-44c9-896b-fafcec9007af","order":41,"text":"The Debtor shall pay the entire Settlement Amount to the Creditor in one payment, to be received by the Creditor on or before [Payment due date]. Time is of the essence with respect to that payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"periodic installments under the payment plan set out below","type":"remove","operator":"="}]},{"id":"6f1e7973-a833-466d-a7df-c11ee9431016","order":42,"text":"The Debtor shall pay the Settlement Amount in [Number of installments] consecutive monthly installments of $[Amount of each installment] each, save that the final installment shall be in the amount required to discharge the Settlement Amount in full.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"4f6c0b0b-487f-4840-b68c-39e3ac53b163","order":43,"text":"The first installment shall be received by the Creditor on or before [Date of the first installment], and each subsequent installment shall be received at monthly intervals thereafter until the Settlement Amount has been paid in full. Time is of the essence with respect to each installment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"23d643f9-c510-4d94-8239-080994ceda55","order":44,"text":"The Debtor may prepay all or any part of the Settlement Amount at any time without penalty or premium. Unless the Parties agree otherwise in writing, a prepayment shall be applied to the installments falling due last and shall not relieve the Debtor of the obligation to pay each subsequent installment as it falls due.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"df48d317-4c03-4e86-a08c-0c7d7add1c2a","order":45,"text":"The unpaid balance of the Settlement Amount shall bear no interest.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"d3d652b9-dab3-4e87-ad66-bb178cdfc0fb","order":46,"text":"Interest shall accrue on the unpaid balance of the Settlement Amount at the rate of [Annual rate]% per annum, computed on the basis of a 365-day year for the actual number of days elapsed, from the Effective Date until the Settlement Amount is paid in full. The stated rate shall in no event exceed the maximum rate permitted by applicable law; if it does, it shall be reduced to that maximum, and any excess already collected shall be credited against the Settlement Amount or refunded to the Debtor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"ff2b4032-372d-4782-b238-e4ebaeeadbfa","value":"interest at the annual rate stated below","type":"add","operator":"="},{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"a41a4605-23a6-49a0-a75a-9c4a33c882a0","order":47,"text":"The installments stated above therefore represent the entire sum payable by the Debtor under this Agreement, provided that the Debtor performs this Agreement in full and on time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"ff2b4032-372d-4782-b238-e4ebaeeadbfa","value":"no interest","type":"add","operator":"="},{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"1ad26de7-38b5-49f1-9f64-6b7c7dc9a95d","order":48,"text":"Every Settlement Payment shall be made by electronic transfer to the account designated by the Creditor, using the following remittance details: [Remittance details]. The Debtor shall quote the account or reference number of the Account on each payment. A Settlement Payment is made only when the Creditor has received cleared funds.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"38b73fca-d695-4703-a810-99eff3c41006","order":49,"text":"Where payment is made by preauthorized electronic transfer, this Agreement constitutes the written authorization of the Debtor, required by the Electronic Fund Transfer Act, 15 U.S.C. § 1693e(a), for the Creditor to initiate transfers from the account identified in the remittance details above, in the amounts and on the dates stated in this Agreement and for no other amount and on no other date. A copy of this Agreement delivered to the Debtor serves as the copy of that authorization required by that provision.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fe7cb195-66b4-447e-83a7-488668058832","value":"electronic transfer to the account designated by the Creditor","type":"add","operator":"="}]},{"id":"95bc2f2a-7935-49d6-962c-e98b5bfcb05a","order":50,"text":"The Debtor may revoke that authorization at any time by written notice to the Creditor, taking effect for every transfer scheduled more than three (3) Business Days after the notice is received. That contractual right is in addition to, and does not limit, the right of the Debtor to stop payment of a preauthorized transfer by notifying the Debtor's own financial institution at least three business days before the scheduled date of the transfer, under 15 U.S.C. § 1693e(a) and Regulation E, 12 C.F.R. § 1005.10(c). Neither a revocation nor a stop-payment order discharges the Debtor from the obligation to make the payment by another means.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"fe7cb195-66b4-447e-83a7-488668058832","value":"electronic transfer to the account designated by the Creditor","type":"add","operator":"="}]},{"id":"351c907c-da69-4d23-92c6-650b8714c2a6","order":51,"text":"A Settlement Payment may be made on the Debtor's behalf by a third party. Acceptance of such a payment by the Creditor discharges the corresponding obligation of the Debtor to the extent of the amount received, but creates no contractual relationship between the Creditor and that third party and confers no right upon that third party under this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ec3e6b12-3af7-4756-bcee-eb254fb48c6a","order":52,"text":"5. LATE PAYMENTS AND RETURNED PAYMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S05"},{"id":"0576c9b6-75ca-4010-b679-7442ede48c95","order":53,"text":"A Settlement Payment shall be treated as timely if it is received by the Creditor within [Number of days] days after the date on which it fell due. The Creditor's acceptance of a late or partial payment shall not waive any right of the Creditor and shall not constitute a course of dealing that modifies this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"303a2a00-a88c-4e78-8aec-af70c488233e","order":54,"text":"If a Settlement Payment is returned, reversed, dishonored or charged back for any reason, that payment shall be treated as not having been made, and the Debtor shall remain liable for its amount together with any reasonable fee actually charged to the Creditor by its financial institution in consequence.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d0d182d1-e805-4f2e-8ff7-e8e4603c37f0","order":55,"text":"Payments shall be applied first to any amount previously returned or dishonored, then to accrued interest (if any), and then to the remaining balance of the Settlement Amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2881177d-e7ef-4f98-9392-c41e3f8a4e17","order":56,"text":"Upon the written request of the Debtor, and not more than once in any calendar quarter, the Creditor shall provide the Debtor with a statement showing the Settlement Payments received, the manner in which they have been applied and the balance of the Settlement Amount then outstanding.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"14ec442c-c013-4d5e-a828-d9ca9c2e20f3","order":57,"text":"6. SATISFACTION OF THE ACCOUNT AND ACCORD AND SATISFACTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S06"},{"id":"8fbe42db-30d4-4b21-8d2d-1f3ab3423b6d","order":58,"text":"This Agreement is an accord. Upon receipt by the Creditor of the Settlement Amount in full, in cleared funds and in accordance with this Agreement, satisfaction of the accord shall be complete, the Account shall be deemed paid, satisfied and discharged in full, and the Creditor's rights in respect of the Account shall be extinguished, notwithstanding that the Settlement Amount is less than the Claimed Balance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6bcb7a28-a729-4672-a3cf-a9b30b7c28d1","order":59,"text":"Within [Number of days] days after satisfaction, the Creditor shall deliver to the Debtor a written statement, signed by the Creditor or its authorized representative, confirming that the Account has been paid, satisfied and closed with a zero balance. Within the same period the Creditor shall instruct any collection agency, attorney or other agent acting on its behalf to cease all collection activity in respect of the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ba69ecdb-3ae7-4d7a-9ad9-da7cd47ab47e","order":60,"text":"From the Effective Date, and for so long as the Debtor is not in default under this Agreement, the Creditor shall suspend all collection activity in respect of the Account and shall not charge any further interest, fee or cost on the Account other than as expressly provided in this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9363abd0-1973-4b7f-84ea-42d5d34c59d2","order":61,"text":"The tender by the Debtor of any instrument or payment marked \"paid in full\", \"full satisfaction\" or with words of similar import shall not of itself effect an accord and satisfaction of the Account except as expressly provided by this Agreement and by applicable law, including Uniform Commercial Code § 3-311 as enacted in the governing State.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"42d2a459-1830-41b9-93e8-04b859aa912f","order":62,"text":"7. DEFAULT AND REINSTATEMENT OF THE CLAIMED BALANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S07"},{"id":"8760ec6d-a119-4a4e-909e-6bb112858a4c","order":63,"text":"Each of the following is an \"Event of Default\": (i) failure by the Debtor to make a Settlement Payment in full when due, after expiry of the grace period stated above; (ii) a Settlement Payment being returned, reversed or dishonored and not replaced with cleared funds within the cure period stated below; (iii) a representation or warranty given by the Debtor in this Agreement proving to have been untrue in a material respect when made; or (iv) any other material breach by the Debtor of an obligation under this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e032ae5c-acd7-4767-b1c6-2049021c4739","order":64,"text":"The Creditor shall give the Debtor written notice of an Event of Default. The Debtor shall have [Number of days] days after the date the notice is given to cure the Event of Default. If the Event of Default is cured within that period, this Agreement shall continue in full force and effect as if no default had occurred.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8678a379-7560-4d49-82b2-cacce2da2134","order":65,"text":"If the Event of Default is not cured within the cure period, the concession granted by the Creditor shall lapse and the whole of the Settlement Amount then unpaid shall become immediately due and payable. Alternatively, at its election, the Creditor may reinstate and enforce the Account for the Claimed Balance together with interest, fees and charges accruing under the original terms of the Account. In either case the Creditor shall credit against the amount claimed the aggregate of every Settlement Payment actually received and retained by it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fbdb0303-2c5b-4e69-b9d4-03b1c7834ff7","order":66,"text":"The rights of the Creditor under this Article are cumulative and additional to any other right or remedy available at law or in equity. No delay or omission by the Creditor in exercising a right shall operate as a waiver of that right or of any other right.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9e71a6b9-d33d-4015-b3ff-f57f9e3354dd","order":67,"text":"This Agreement does not contain, and shall not be construed to contain, any cognovit, confession of judgment, warrant of attorney or other waiver of the Debtor's right to notice and an opportunity to be heard, such provisions being an unfair act or practice in consumer credit obligations under the Federal Trade Commission Credit Practices Rule, 16 C.F.R. § 444.2(a)(1). This Agreement contains no irrevocable assignment of the Debtor's wages or other earnings. Any enforcement by the Creditor shall be by ordinary civil process.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e465948f-67bc-4d13-b4ed-ba8b18627e4a","order":68,"text":"8. FINANCIAL HARDSHIP AND FORCE MAJEURE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S08"},{"id":"ffb94d48-b593-46bd-be15-cb37f42d6bde","order":69,"text":"If the Debtor suffers an unforeseen loss of income, illness or other serious financial hardship, the Debtor may, on one occasion during the term of the payment plan, request in writing that a single installment be deferred. Where the request is made before that installment falls due and is supported by reasonable evidence of the hardship, the Creditor shall not unreasonably refuse a deferral of up to thirty (30) days. A deferred installment falls due at the end of the payment plan, and no Event of Default arises by reason of a deferral granted under this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"a single lump-sum payment","type":"remove","operator":"="}]},{"id":"7958db3b-d83f-4635-940d-7d803f96ce85","order":70,"text":"If the Debtor suffers an unforeseen loss of income, illness or other serious financial hardship before the Settlement Amount falls due, the Debtor may request in writing an extension of the due date, supported by reasonable evidence of the hardship. The Creditor shall consider the request in good faith but is under no obligation to grant it, and no extension is effective unless granted in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1dd20281-4bdc-4819-becd-0cbd75f461e4","value":"periodic installments under the payment plan set out below","type":"remove","operator":"="}]},{"id":"3a83c08b-eb39-4835-93fb-583a4bf724dd","order":71,"text":"Except to the extent expressly provided in this Article, no event beyond the control of a Party excuses the performance of an obligation to pay money under this Agreement. In respect of obligations other than the payment of money, a Party is not liable for a failure or delay in performance caused by an event beyond its reasonable control, provided that it notifies the other Party promptly and resumes performance as soon as reasonably practicable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"490fa097-0c1a-44f3-a2b0-39dc8119da6e","order":72,"text":"9. MUTUAL RELEASE AND WAIVER OF UNKNOWN CLAIMS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S09"},{"id":"f0ae039a-e3d5-47b8-8d16-34a18775a75c","order":73,"text":"Effective upon satisfaction of the Account in accordance with the Article entitled \"Satisfaction of the Account and Accord and Satisfaction\", the Creditor, on behalf of itself and its predecessors, successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and servicers, fully and forever releases and discharges the Debtor, and the Debtor's heirs, executors, administrators, successors and assigns, from all claims, demands, damages, actions, causes of action, liabilities, obligations, costs and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, at law or in equity, arising out of or relating to the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"28fa9af0-2798-4b98-9da0-0545e579cb98","order":74,"text":"Effective upon the same event, the Debtor, on behalf of the Debtor and the Debtor's heirs, executors, administrators, successors and assigns, fully and forever releases and discharges the Creditor and its predecessors, successors, assigns, parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and servicers from all claims, demands, damages, actions, causes of action, liabilities, obligations, costs and expenses of every kind and nature, whether known or unknown, arising out of or relating to the Account or to any act or omission in connection with the servicing, billing or collection of the Account occurring on or before the Effective Date, including any claim under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and any equivalent state statute.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d28b765f-0ecf-41e8-8be5-dbedae665a55","order":75,"text":"The releases granted above do not extend to (i) any obligation created by this Agreement itself, including the credit reporting undertakings given below; (ii) any claim arising out of an act or omission occurring after the Effective Date; (iii) any claim arising out of fraud in the inducement of this Agreement or out of a breach of this Agreement; or (iv) any claim that may not lawfully be released.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"42a86732-b31f-4fc9-aa09-b6961581e347","order":76,"text":"Each Party understands that this Agreement releases claims that are presently unknown to it and expressly assumes that risk. Each Party expressly waives the benefit of any statute, rule or principle of law of any jurisdiction that would limit the effect of a general release to claims known or suspected to exist at the time of the release, including, to the extent applicable, California Civil Code section 1542, which provides: \"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.\"","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b2f53ca3-bd5c-4950-b09e-7bbc2730e3c5","order":77,"text":"10. COVENANT NOT TO SUE AND CESSATION OF COLLECTION ACTIVITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S10"},{"id":"5f576b1e-e765-4b25-ad20-29f2db8a969f","order":78,"text":"For so long as the Debtor is not in default under this Agreement, the Creditor covenants not to commence or prosecute, and not to assist voluntarily in the commencement or prosecution of, any suit, arbitration, administrative proceeding or other action against the Debtor in respect of the Account, and covenants not to instruct any third party to do so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"95bda90e-d3a0-4b77-98e6-d54ff18ba357","order":79,"text":"The Creditor shall not refer, sell, assign, place or otherwise transfer the Account to any collection agency, debt buyer, attorney or other third party for collection while this Agreement remains in force and the Debtor is not in default, and any transferee permitted by this Agreement shall take the Account expressly subject to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d6c2595f-f95d-43d4-a078-f21292cd267f","order":80,"text":"Upon satisfaction of the Account, the covenant not to sue given in this Article shall be superseded by, and merged into, the releases granted above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e9d4e525-fd79-425e-9c8d-46cc72a9fb06","order":81,"text":"11. CREDIT REPORTING","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S11"},{"id":"56dba43b-c3d1-44ae-95eb-781876d0c2f2","order":82,"text":"The Creditor shall not furnish, and shall not instruct any third party to furnish, information concerning the Account to a consumer reporting agency that the Creditor knows or has reasonable cause to believe is inaccurate, and shall promptly correct and update any information it has furnished, as required by the Fair Credit Reporting Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"33a2e52c-4fa0-49be-9fe2-3866b3122234","order":83,"text":"Within thirty (30) days after satisfaction of the Account, the Creditor shall report the Account to each consumer reporting agency to which it furnishes information as closed, with a zero balance and as paid in full, to the extent that such reporting is consistent with the Creditor's obligations under the Fair Credit Reporting Act and with the furnishing guidelines applicable to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f8cf82de-b651-43e2-9bcb-f427e6b629c4","value":"paid in full","type":"add","operator":"="}]},{"id":"a1cb9e44-5f45-4759-b35c-7c456796b49a","order":84,"text":"Within thirty (30) days after satisfaction of the Account, the Creditor shall report the Account to each consumer reporting agency to which it furnishes information as closed, with a zero balance and as settled for less than the full balance. The Debtor acknowledges that a notation of settlement may adversely affect the Debtor's credit for a period of time and that the Creditor has made no representation to the contrary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f8cf82de-b651-43e2-9bcb-f427e6b629c4","value":"settled for less than the full balance","type":"add","operator":"="}]},{"id":"15630d11-b90a-48ac-aaa0-13f2770b478c","order":85,"text":"The Creditor does not furnish information concerning the Account to any consumer reporting agency and accordingly gives no undertaking as to credit reporting. If the Creditor has furnished, or hereafter furnishes, information concerning the Account, it shall report the Account as closed with a zero balance within thirty (30) days after satisfaction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"f8cf82de-b651-43e2-9bcb-f427e6b629c4","value":"not furnished to consumer reporting agencies","type":"add","operator":"="}]},{"id":"d48d8570-4331-4ed3-84f8-dfd449afaa09","order":86,"text":"The Creditor makes no representation as to the manner in which any consumer reporting agency will display the Account or as to the effect of any report on the Debtor's credit score. The Debtor may obtain a copy of the Debtor's consumer report from each nationwide consumer reporting agency as provided by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b49c1280-3991-43bc-9a6d-996db80054ce","order":87,"text":"12. TAX MATTERS AND CANCELLATION OF INDEBTEDNESS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S12"},{"id":"3523e5b9-2844-42f6-8636-0c65e5977f09","order":88,"text":"The Debtor acknowledges having been informed that the Forgiven Amount may constitute income from the discharge of indebtedness under Internal Revenue Code section 61(a)(11) and may therefore be taxable, unless an exclusion applies under Internal Revenue Code section 108, such as the bankruptcy or insolvency exclusions. Where an exclusion is available, it is ordinarily claimed by filing Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness, with the Debtor's federal income tax return for the year of the discharge.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6302edb9-6430-4962-acb0-b6df62b0252f","order":89,"text":"If the Creditor is an \"applicable entity\" within the meaning of Internal Revenue Code section 6050P and the Forgiven Amount is $600 or more, the Creditor is required to file a Form 1099-C, Cancellation of Debt, with the Internal Revenue Service and to furnish a copy to the Debtor, ordinarily on or before January 31 of the year following the calendar year in which the discharge occurs. The Debtor shall provide the Creditor with the Debtor's correct taxpayer identification number for that purpose upon written request.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e77cb67f-0a3c-4881-a05b-85b536f2a66a","order":90,"text":"The Debtor is solely responsible for the Debtor's own tax liabilities, filings and elections. Neither the Creditor nor any person acting on its behalf has given the Debtor any tax advice, and the Debtor has been advised to consult an independent tax advisor before signing this Agreement. Each Party shall bear its own tax consequences arising out of this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f77c607c-f087-4841-aa30-968d27f5c1d6","order":91,"text":"13. BANKRUPTCY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S13"},{"id":"6d7d2c0d-1537-432d-9bf5-5eebef3923f6","order":92,"text":"If a case under Title 11 of the United States Code in which the Debtor is the debtor is pending on the Effective Date, or is commenced afterwards, this Agreement shall have no force or effect unless and until it is approved by the court having jurisdiction over that case. Nothing in this Agreement shall be construed as an act to collect, assess or recover a claim in violation of the automatic stay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5b65205f-b489-43f0-9421-c81239ee3a60","order":93,"text":"If a Settlement Payment is avoided, set aside, recovered from the Creditor or required to be repaid as a preference, a fraudulent transfer or otherwise under 11 U.S.C. § 547, § 548 or § 550, or under any comparable provision of state law, then to the extent of the amount so repaid the releases granted by the Creditor under this Agreement shall be void from the outset, the Account shall be reinstated for the Claimed Balance less all Settlement Payments actually retained by the Creditor, and the rights of the Creditor in respect of the Account shall revive as though this Agreement had not been made. This Article survives satisfaction of the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"992cdfea-5006-485b-981b-d1b21a1b237b","order":94,"text":"This Agreement is not, and shall not be construed as, a reaffirmation agreement within the meaning of 11 U.S.C. § 524(c). If the indebtedness comprised in the Account has been or is hereafter discharged in bankruptcy, this Agreement imposes no personal liability on the Debtor in respect of the discharged indebtedness and creates no obligation to pay it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"977bdda6-5d66-474e-b98a-9984c68283bd","order":95,"text":"Nothing in this Agreement waives, limits or restricts any right of the Debtor to seek relief under Title 11 of the United States Code, and any provision purporting to do so is of no effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1089a532-48eb-41d3-9db2-fa675b28200b","order":96,"text":"14. CO-OBLIGORS AND GUARANTORS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"9fc07974-fb8c-4ff6-8d55-e67de6c3ada9","value":"a co-obligor or guarantor","type":"add","operator":"="}],"marginTop":"24","sectionNum":"S14"},{"id":"d446e57a-823c-457c-863a-74d067ff7b9b","order":97,"text":"The Parties acknowledge that [Name of the co-obligor or guarantor] is a co-obligor, co-signer or guarantor in respect of the Account (the \"Co-Obligor\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"9fc07974-fb8c-4ff6-8d55-e67de6c3ada9","value":"a co-obligor or guarantor","type":"add","operator":"="}]},{"id":"118b335e-d981-4671-abad-71ff6a622516","order":98,"text":"In relation to the Co-Obligor, the Creditor releases the Co-Obligor on the same terms as the Debtor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"9fc07974-fb8c-4ff6-8d55-e67de6c3ada9","value":"a co-obligor or guarantor","type":"add","operator":"="}]},{"id":"b358730d-8f52-468a-acd2-ee06a81f1448","order":99,"text":"Accordingly, upon satisfaction of the Account in accordance with this Agreement, the Co-Obligor shall be released and discharged from all liability in respect of the Account on the same terms as the Debtor, and the release granted by the Creditor above shall extend to the Co-Obligor as though the Co-Obligor were expressly named in it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"96768534-c845-4e96-875d-8a3b254fd017","value":"releases the Co-Obligor on the same terms as the Debtor","type":"add","operator":"="},{"field":"9fc07974-fb8c-4ff6-8d55-e67de6c3ada9","value":"no co-obligor","type":"remove","operator":"="}]},{"id":"51370e49-f6af-40ad-97b9-2ab7112edc6c","order":100,"text":"Accordingly, nothing in this Agreement releases, discharges or otherwise affects the liability of [Name of the co-obligor or guarantor] in respect of the Account, and the Creditor expressly reserves all rights and remedies against the Co-Obligor, subject always to crediting every Settlement Payment actually received against any amount claimed from the Co-Obligor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"96768534-c845-4e96-875d-8a3b254fd017","value":"reserves all of its rights and remedies against the Co-Obligor","type":"add","operator":"="},{"field":"9fc07974-fb8c-4ff6-8d55-e67de6c3ada9","value":"no co-obligor","type":"remove","operator":"="}]},{"id":"06f73ab0-9f9c-40a0-b437-266cdb7fafa2","order":101,"text":"15. REPRESENTATIONS AND WARRANTIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S15"},{"id":"9aefdef2-2b5b-4169-a327-f8b5b5bcecef","order":102,"text":"Each Party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement, that the person signing on its behalf is duly authorized to do so, and that this Agreement is binding upon and enforceable against it in accordance with its terms.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66eef640-1b74-4405-9f2b-b2fcde52aebe","order":103,"text":"The Creditor represents and warrants that it is the present holder of the Account, that it has not sold, assigned, pledged or otherwise transferred the Account or any claim released by this Agreement to any third party, and that it has full authority to compromise, settle and release the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5aa10afa-5688-410f-bef2-c35d301f58e8","order":104,"text":"The Debtor represents and warrants that the financial information supplied by the Debtor to the Creditor in connection with this Agreement is true and complete in all material respects, that the Debtor has not filed and does not presently intend to file a petition under Title 11 of the United States Code, and that no bankruptcy proceeding in which the Debtor is the debtor is pending.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d94f54e5-46ae-4b37-bd7e-371fa2410354","order":105,"text":"Each Party represents that it has read this Agreement in its entirety, that it has had the opportunity to consult counsel of its own choosing, and that it enters into this Agreement voluntarily, without duress or undue influence, and in reliance solely upon the terms written in it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a7b12068-d896-4b25-94ec-566a03af6da3","order":106,"text":"16. PRIVACY AND USE OF PERSONAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S16"},{"id":"e837ba8a-a760-4ee8-8abb-4f6f266c0c86","order":107,"text":"Each Party shall use the personal, financial and account information of the other Party solely for the purposes of performing, administering and enforcing this Agreement, and shall not sell, license or otherwise disclose that information to any third party, save to its own professional advisors and service providers bound by equivalent obligations, to a consumer reporting agency to the extent contemplated by this Agreement, and where required or permitted by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ec014f7d-6514-422d-a69f-d33e3e9c14c3","order":108,"text":"Where the Creditor is a financial institution within the meaning of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., it shall handle the nonpublic personal information of the Debtor in accordance with that Act, the regulations made under it and its own published privacy notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3699542c-20b4-418a-9acf-e26d2f7b2b43","order":109,"text":"Each Party shall maintain reasonable administrative, technical and physical safeguards against unauthorized access to, or disclosure of, the information of the other Party, and shall notify the other Party without undue delay of any unauthorized disclosure affecting that information. This Article survives satisfaction of the Account.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"01114a86-7ad4-49a5-9d58-993894099fac","order":110,"text":"17. CONFIDENTIALITY AND NON-DISPARAGEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0558089e-a901-402e-aa02-cbcb807fc2dd","value":"confidential","type":"add","operator":"="}],"marginTop":"24","sectionNum":"S17"},{"id":"64b33edf-0176-483d-b5ae-2881cd67c73e","order":111,"text":"The Parties shall keep the existence and the terms of this Agreement confidential and shall not disclose them to any third party, save: to their respective attorneys, accountants and tax advisors; to a consumer reporting agency to the extent contemplated by this Agreement; to the extent required by law, regulation, subpoena or court order; and to the extent necessary to enforce this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0558089e-a901-402e-aa02-cbcb807fc2dd","value":"confidential","type":"add","operator":"="}]},{"id":"49858175-fed3-4709-af48-80c046b00f57","order":112,"text":"Neither Party shall make any statement, oral or written, disparaging the other Party in relation to the Account or to this Agreement. Nothing in this Article prevents a Party from making truthful statements to a governmental or regulatory authority or in a legal proceeding, or from filing a complaint with a consumer protection authority.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0558089e-a901-402e-aa02-cbcb807fc2dd","value":"confidential","type":"add","operator":"="}]},{"id":"a631d7d4-f04f-4ef3-8073-69416ea78399","order":113,"text":"A breach of this Article entitles the aggrieved Party to seek injunctive relief in addition to any other remedy, damages alone being an inadequate remedy for such a breach.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0558089e-a901-402e-aa02-cbcb807fc2dd","value":"confidential","type":"add","operator":"="}]},{"id":"8788db5c-3142-49dd-9a88-c32b34f0bfff","order":114,"text":"18. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S18"},{"id":"1ba78972-d185-4236-a18e-05080bd9c5de","order":115,"text":"Every notice under this Agreement shall be in writing and shall be delivered by hand, by nationally recognized overnight courier, or by United States mail, first class postage prepaid, addressed as follows:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e6a62228-9c64-44ce-af84-85ab08bf0362","order":116,"text":"To the Creditor: [Creditor's full legal name], [Street address], [City, State and ZIP code]; email [Email address].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c8ed8971-6a34-473e-8c38-ec28910ce64c","order":117,"text":"To the Debtor: [Debtor's full legal name], [Street address], [City, State and ZIP code]; email [Email address].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a6f1a1ad-9625-4fe1-b87e-324aad1fe7a9","order":118,"text":"A notice is deemed given on the date of hand delivery, on the first Business Day after deposit with an overnight courier, or on the third Business Day after mailing. Notice by email is effective only if the recipient acknowledges receipt otherwise than by an automatic response. A Party may change its address for notices by giving notice in the manner set out in this Article. The Debtor shall notify the Creditor in writing of any change in the Debtor's address or email address within ten (10) days of the change.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d63d25c2-c182-4c72-adbe-531672d1a3a8","order":119,"text":"19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S19"},{"id":"dd605aca-193d-427b-b5d0-e453e8132677","order":120,"text":"This Agreement shall be governed by, and construed in accordance with, the laws of the State of [Governing State], without regard to its conflict of laws principles.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"231c0d40-bd2a-462d-9be6-c6912ef065c2","order":121,"text":"The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by direct negotiation and shall consider referring the dispute to mediation before a mutually acceptable mediator, the mediator's fee being shared equally, before commencing proceedings. This paragraph does not prevent either Party from seeking urgent injunctive relief.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e301e70b-fecc-4707-8b77-1da785472a4b","order":122,"text":"Subject to the preceding paragraph, the Parties submit to the exclusive jurisdiction of the state and federal courts sitting in [County] County, State of [Governing State], and each Party waives any objection to venue in those courts on the ground of inconvenient forum.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b28f58b9-73d0-4f2e-87e2-9f72aa4163ba","order":123,"text":"To the fullest extent permitted by the law of the governing State, each Party knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in any proceeding arising out of or relating to this Agreement or to the Account. If that waiver is held unenforceable in the governing State, this paragraph shall be severed and the remainder of this Article shall continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3bd15ff7-2085-46fe-ba3d-f1f351c2523e","order":124,"text":"In any proceeding brought to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d8647a5c-6bae-4c3e-8d49-d81e7cc89467","order":125,"text":"20. ENTIRE AGREEMENT, AMENDMENT AND SEVERABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S20"},{"id":"2413e3c4-4158-47d2-aba2-4c648f158f56","order":126,"text":"This Agreement, together with any document expressly incorporated by reference in it, constitutes the entire agreement between the Parties with respect to the Account and supersedes all prior and contemporaneous negotiations, understandings, representations and agreements on that subject, whether written or oral. Neither Party has relied upon any statement not set out in this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2a9125ba-431e-452b-9264-8d3692aae7b2","order":127,"text":"No amendment, modification or waiver of this Agreement is effective unless made in writing and signed by both Parties. The failure or delay of a Party in exercising a right does not waive that right, and the single or partial exercise of a right does not preclude any further exercise of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cdb38afe-afb3-4d20-9b5d-e0b418d30aee","order":128,"text":"If a provision of this Agreement is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to render it valid and enforceable or, if it cannot be so modified, shall be severed, and the remaining provisions shall continue in full force and effect. If the release granted to the Debtor is held unenforceable, the obligations of the Creditor under the Article entitled \"Satisfaction of the Account and Accord and Satisfaction\" shall nonetheless remain binding upon receipt of the Settlement Amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1103c1eb-8649-487e-9bed-46a777419359","order":129,"text":"21. GENERAL PROVISIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S21"},{"id":"31104a86-0629-4c9c-b149-3d8a3dd4d64d","order":130,"text":"Successors and assigns. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, successors and permitted assigns. The Debtor may not assign this Agreement. The Creditor may assign the Account only subject to this Agreement and shall give the Debtor written notice of any such assignment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a04ca2b9-558a-4310-a1e1-5a18f8edf989","order":131,"text":"Counterparts and electronic signature. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument. Signatures delivered electronically or by facsimile have the same effect as original signatures, and the Parties consent to the use of electronic records and signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and any applicable state law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f52e6626-4d1c-4d42-ba32-8e4d772ca18f","order":132,"text":"Construction. Headings are for convenience only and do not affect interpretation. This Agreement is the product of negotiation between the Parties and shall not be construed against either Party as its drafter. The words \"including\" and \"includes\" are not words of limitation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4df1d4d2-5460-4e67-b8ab-a722adea188b","order":133,"text":"Further assurances. Each Party shall execute such further documents and take such further steps as the other Party may reasonably request in order to give full effect to this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0927f263-d2d4-450c-b189-2d4aeeb48db8","order":134,"text":"No third-party beneficiaries. Except as expressly provided in this Agreement, no person other than a Party has any right to enforce any of its terms.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a28eaeb4-a720-45be-8647-e1062d0d4c41","order":135,"text":"Survival. The provisions of this Agreement which by their nature are intended to survive, including the releases, the credit reporting undertakings, the tax provisions, the bankruptcy provisions, the privacy provisions, the notice provisions and the governing law provisions, survive satisfaction of the Account and any termination of this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"205201f9-edfa-43e7-99f8-8310154f2f9f","order":136,"text":"Time of the essence. Time is of the essence in the performance of the Debtor's payment obligations under this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0b8d0a4e-5abc-413e-9328-e621307c1c37","order":137,"text":"22. EXECUTION AND EFFECTIVE DATE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"24","sectionNum":"S22"},{"id":"189a2f78-ab24-4d50-aaab-7fdc08a7a3da","order":138,"text":"This Agreement takes effect on the Effective Date and binds each Party from the date of that Party's signature.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9594893b-2dee-43f7-b515-a0c99b9793ed","order":139,"text":"This Agreement is conditional upon its execution by both Parties. If the Debtor does not sign this Agreement and return it to the Creditor, the compromise offered by it lapses and the rights of the Creditor in respect of the Account remain unaffected.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"26a07923-f1f0-4922-8f0a-ae0341407e79","order":140,"text":"IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"689757cb-fc90-436f-8be0-fbd854d0a471","order":141,"text":"Executed at [City and State] on [Effective date].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"260c1f79-0107-4395-8eac-d4b022beffff","order":142,"text":"THE CREDITOR","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"a7847d6c-2926-4004-8803-897a7f5d0600","order":143,"text":"Signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c53a2138-4c3c-44f4-9fb2-f366d53a183e","order":144,"text":"Name: [Creditor's full legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c6818236-888f-4ac7-b6a5-b6fb6b87f125","order":145,"text":"Title: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"825e4969-8454-495d-9d75-d150855fab84","value":"a business entity","type":"add","operator":"="}]},{"id":"1699a03c-6da9-4399-a8b8-10b59178dca6","order":146,"text":"Date: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"65347259-4f0b-4f40-88dd-83994f852629","order":147,"text":"THE DEBTOR","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"d132a47d-4752-4918-988a-6cc7f8cc77da","order":148,"text":"Signature: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"9efe1285-c2fe-4e03-9e59-2650eb18aaa4","order":149,"text":"Name: [Debtor's full legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"ab57bcf0-bc64-45dc-855e-36acf1d0875d","order":150,"text":"Date: ______________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true}]