[{"id":"1d5ecd1a-bdb5-44d7-bba0-d5599ab4141f","order":1,"text":"ROOMMATE MOVE-OUT AND SECURITY DEPOSIT SETTLEMENT AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"d0ff3cd7-654d-42bd-88b0-6f722a5e51ec","order":2,"text":"(Mutual Release and Settlement of Shared Household Accounts)","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"daa35241-d8d0-406e-bcb7-5d8001403409","order":3,"text":"PARTIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true},{"id":"bc3477ee-88bc-406d-8e18-164479e57926","order":4,"text":"This Roommate Move-Out and Security Deposit 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":"12","cflou":false,"active":true},{"id":"729444f9-387d-469d-9ef4-465be51b30e6","order":5,"text":"(a) [Departing roommate full legal name], an individual whose forwarding address is [Forwarding street address], [City, State ZIP], and whose email address is [Email address] (the "Departing Roommate"); and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"e2e1818a-75ed-4bbb-88f5-6113d5512e04","order":6,"text":"(b) [Remaining roommate(s) full legal name(s)], whose address is the Premises identified below and whose email address is [Email address] (individually and collectively, the "Remaining Roommate").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"24ce3578-e9a5-4145-80bc-b518e764eca8","order":7,"text":"The Departing Roommate and the Remaining Roommate are referred to herein individually as a "Party" and collectively as the "Parties".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"43531898-9145-48c8-bbe1-d510c8681cad","order":8,"text":"RECITALS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true},{"id":"f370a795-b215-42e5-ac08-e17d22f0185a","order":9,"text":"WHEREAS, the Parties have resided together as co-tenants at the residential premises located at [Premises street address, unit], [City, State ZIP] (the "Premises"), under a written residential lease dated [Date of the lease] between the Parties and [Landlord full name] (the "Landlord") (the "Lease");","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5a8d3c0f-6c76-426e-b571-7003d7b17d3e","order":10,"text":"WHEREAS, the Parties funded a security deposit under the Lease in the total amount of $[Total security deposit] (the "Security Deposit"), of which the Departing Roommate contributed $[Departing roommate contribution] (the "Departing Roommate's Deposit Share");","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"87bb68db-36ec-48de-b4c2-f20008d60c73","order":11,"text":"WHEREAS, the Departing Roommate vacated the Premises and surrendered occupancy thereof on [Move-out date] (the "Move-Out Date"), and the Remaining Roommate has continued and intends to continue in occupancy of the Premises;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"17021425-74f0-412f-976d-e3a9ea64ee55","order":12,"text":"WHEREAS, the Parties wish to determine, on a full and final basis, the amount due to or from the Departing Roommate in respect of the Security Deposit, rent, utilities and other shared household accounts, and to release one another from all claims arising out of their co-tenancy;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ef74a08f-fc65-4438-9646-4238e66b2b6c","order":13,"text":"NOW, THEREFORE, in consideration of the mutual covenants, promises and releases contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"92b10df5-a95b-4ab7-98b7-adddfbb4a203","order":14,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S01"},{"id":"a6240ab6-9fdb-46c2-8560-d0f313350541","order":15,"text":"Capitalized terms used in this Agreement have the meanings given to them above or where first defined below. "Shared Household Accounts" means all utilities, internet and telecommunications services, subscription services, renter's insurance, parking, storage and any other recurring charges attributable to the Premises and shared by the Parties. "Settlement Amount" means the net sum payable under the Article entitled "Settlement Amount and Net Balance". References to a person include that person's heirs, executors, administrators, successors and permitted assigns. The words "including" and "includes" are without limitation. Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"d8217eed-155d-4dee-b062-4670715a2842","order":16,"text":"2. SURRENDER OF OCCUPANCY AND MOVE-OUT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S02"},{"id":"1c191710-4cf2-43a5-879f-43deecf81090","order":17,"text":"The Departing Roommate represents and warrants that, on or before the Move-Out Date, the Departing Roommate permanently vacated the Premises, removed all of the Departing Roommate's personal property therefrom, and surrendered exclusive occupancy of the Departing Roommate's room and of all common areas to the Remaining Roommate. The Departing Roommate shall have no further right to occupy, enter or access the Premises after the Move-Out Date, except by prior written consent of the Remaining Roommate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d4037cc6-78cf-4fc5-8e39-aa43445b3e7a","order":18,"text":"Any personal property of the Departing Roommate remaining at the Premises after the Move-Out Date shall be deemed abandoned and may be disposed of by the Remaining Roommate in accordance with applicable law, at the Departing Roommate's cost, without further notice and without liability to the Departing Roommate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2f3ffe0d-bc72-46fc-98f1-e2d34cf32f0f","order":19,"text":"The Departing Roommate has returned to the Remaining Roommate all keys, fobs, garage remotes, access cards, mail keys and other means of access to the Premises in the Departing Roommate's possession or control, and retains no copies thereof.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"347f18aa-0be9-4df4-8f10-1d44bb488a80","value":"returned","type":"add","operator":"="}]},{"id":"623842e8-f9a2-4679-8889-04ad7264a747","order":20,"text":"The Departing Roommate shall return to the Remaining Roommate all keys, fobs, garage remotes, access cards, mail keys and other means of access to the Premises in the Departing Roommate's possession or control, and shall retain no copies thereof, no later than five (5) days after the Effective Date. The reasonable cost of re-keying the Premises, or of any replacement charged by the Landlord, shall be borne by the Departing Roommate and, at the Remaining Roommate's election, deducted from the Settlement Amount.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"347f18aa-0be9-4df4-8f10-1d44bb488a80","value":"outstanding","type":"add","operator":"="}]},{"id":"b940621e-f206-44eb-9f88-72b867a7718f","order":21,"text":"3. MOVE-OUT INSPECTION AND CONDITION OF THE PREMISES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S03"},{"id":"720b3576-d4f2-4f39-b5a1-382c441f6bd8","order":22,"text":"The Parties conducted a joint walk-through inspection of the Premises on [Inspection date]. The Parties acknowledge that the condition of the Premises and of the Departing Roommate's room as recorded on that date, together with any photographs or written schedule prepared by the Parties, constitutes the agreed record of condition as at the Move-Out Date and supersedes any contrary recollection of either Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"2bce62b4-2bd4-427b-b2ca-31d939fb2e8c","value":"yes","type":"add","operator":"="}]},{"id":"c20b11ad-8a33-4b82-bb25-3538d8fdeb99","order":23,"text":"Except for the deductions expressly agreed in this Agreement, the Remaining Roommate accepts the condition of the Premises as at the Move-Out Date and waives any claim against the Departing Roommate for damage, cleaning or repair that was reasonably discoverable upon that inspection. This waiver does not extend to latent damage not reasonably discoverable upon inspection, nor to charges first assessed by the Landlord after the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"2bce62b4-2bd4-427b-b2ca-31d939fb2e8c","value":"yes","type":"add","operator":"="}]},{"id":"1c5e4988-989e-4265-9e12-00e8ae718f90","order":24,"text":"The Parties did not conduct a joint walk-through inspection of the Premises. Each Party accordingly relies upon its own knowledge of the condition of the Premises as at the Move-Out Date. Save for the deductions expressly agreed in this Agreement, the Remaining Roommate accepts the Premises in their condition as at the Move-Out Date and waives any claim against the Departing Roommate for damage, cleaning or repair, other than for latent damage not reasonably discoverable and for charges first assessed by the Landlord after the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"2bce62b4-2bd4-427b-b2ca-31d939fb2e8c","value":"no","type":"add","operator":"="}]},{"id":"873d04cd-f484-403d-a028-4ccd6938af4b","order":25,"text":"4. THE SECURITY DEPOSIT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S04"},{"id":"949e7b84-621f-4b7f-97b4-aa835d4785cc","order":26,"text":"The Parties acknowledge and agree that the Departing Roommate's Deposit Share is the amount stated in the Recitals, and that this amount, subject only to the deductions and adjustments expressly set out in this Agreement, represents the Departing Roommate's entire interest in the Security Deposit.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ecb77538-24e3-4569-9f92-818544f7e22d","order":27,"text":"The Security Deposit is held by the Landlord under the Lease. The Parties acknowledge that the Landlord's obligation to account for and return the Security Deposit arises only upon termination of the Lease and surrender of the Premises by all tenants, and that the Landlord is not a party to this Agreement and is not bound by it. Accordingly, the Departing Roommate's Deposit Share shall be paid to the Departing Roommate as and when the Landlord returns the Security Deposit, and the Remaining Roommate shall hold the Departing Roommate's Deposit Share, as adjusted under this Agreement, in trust for the Departing Roommate upon receipt and shall remit it in accordance with the Article entitled "Payment Terms".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Landlord","type":"add","operator":"="}]},{"id":"cc936515-512b-42fd-9ac2-5798b9ebbdfa","order":28,"text":"The Remaining Roommate shall use commercially reasonable efforts to secure the full and timely return of the Security Deposit from the Landlord, shall notify the Departing Roommate in writing within five (5) days of receiving the Landlord's deposit accounting or refund, and shall provide the Departing Roommate with a copy of that accounting. The Remaining Roommate shall not waive, compromise, assign or release any claim against the Landlord in respect of the Security Deposit without the Departing Roommate's prior written consent, such consent not to be unreasonably withheld.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Landlord","type":"add","operator":"="}]},{"id":"5b05ec9c-5752-4be7-90d6-1dbb20361b95","order":29,"text":"The Parties have elected not to await the Landlord's accounting. In consideration of the settlement effected by this Agreement, the Departing Roommate hereby assigns, transfers and sets over to the Remaining Roommate all of the Departing Roommate's right, title and interest in and to the Security Deposit, to the fullest extent such right, title and interest may lawfully be assigned. This assignment takes effect upon payment of the Settlement Amount in full or, where no Settlement Amount is payable by either Party, on the Effective Date. From and after that time, the Remaining Roommate shall be solely entitled to the whole of the Security Deposit as against the Landlord, and shall bear the entire risk that the Landlord may withhold all or part of it for any reason, including damage, cleaning, unpaid rent or administrative charges, whether arising before or after the Move-Out Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Remaining Roommates","type":"add","operator":"="}]},{"id":"26f000be-c8a7-4414-83ed-9e903016896c","order":30,"text":"Statutory rights preserved. The Parties acknowledge that the Security Deposit is subject to the residential security deposit statutes of the jurisdiction in which the Premises are located, which may require the Landlord to return the Security Deposit, or to deliver an itemized written statement of any amount withheld, within a prescribed period following surrender of the Premises, and which may entitle a tenant to interest on the Security Deposit and to statutory or punitive damages where the Landlord withholds the Security Deposit in bad faith. Save for any assignment expressly made by this Article, nothing in this Agreement waives, limits or releases any such right as against the Landlord. Nothing in this Agreement waives, limits, releases or assigns any right that applicable law provides may not be waived or assigned by agreement, and no such right is affected by any assignment made under this Article. Nothing in this Agreement shall be construed as a representation by either Party as to the amount or timing of any sum the Landlord may return.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c8ac93ed-7085-457a-a234-cd416dd50981","order":31,"text":"Interest and successors. Any interest accrued on the Security Deposit, whether required by statute, ordinance or the Lease, shall follow the Security Deposit and shall be allocated between the Parties in the same manner as the principal of the Security Deposit is allocated under this Article. If the Premises are sold, transferred or otherwise conveyed, or if the Lease is assigned, and the Security Deposit is transferred to a successor landlord or credited to the tenants, the rights and obligations of the Parties under this Article shall apply to the Security Deposit in the hands of that successor, or to the credit so given, without further act of the Parties.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"09c35d97-9deb-4681-bc11-fa51bb9c0088","order":32,"text":"The Departing Roommate shall have no further claim to any portion of the Security Deposit and shall have no obligation to contribute to any shortfall in it, and the Remaining Roommate expressly assumes that risk as part of the consideration for this Agreement. The Departing Roommate shall execute such further documents as the Remaining Roommate may reasonably request to give effect to this assignment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Remaining Roommates","type":"add","operator":"="}]},{"id":"829555e8-2813-492a-a0f3-a388c33ff80f","order":33,"text":"5. DEDUCTIONS FROM THE DEPOSIT SHARE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S05"},{"id":"5a3dc7a4-a47a-42dc-ba9c-d716d6bd1de3","order":34,"text":"The Parties have reviewed the condition of the Premises and the state of the Shared Household Accounts and agree that the following amount is properly chargeable to the Departing Roommate and shall be deducted from the Departing Roommate's Deposit Share: $[Total agreed deductions], in respect of [Description of the agreed deductions].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"77928710-53ba-4d5f-9abd-8eb9d37fa373","value":"yes","type":"add","operator":"="}]},{"id":"a2a6cca4-b381-4022-b846-e16243bb6188","order":35,"text":"The Parties agree that this amount is a genuine pre-estimate of the loss or expense concerned, reasonable in the circumstances, and is not a penalty. The Departing Roommate acknowledges having had the opportunity to inspect the matters giving rise to the deduction and to raise any objection prior to signing, and waives any such objection. No deduction other than those expressly stated in this Agreement shall be made from the Departing Roommate's Deposit Share.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"77928710-53ba-4d5f-9abd-8eb9d37fa373","value":"yes","type":"add","operator":"="}]},{"id":"7cd273e7-b5ef-48ae-98b7-2cf4f74e8bbf","order":36,"text":"Ordinary wear and tear resulting from the reasonable and normal use of the Premises is not chargeable to the Departing Roommate, and nothing in this Article shall be construed as an admission by the Departing Roommate of liability for any damage other than as expressly agreed herein.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"77928710-53ba-4d5f-9abd-8eb9d37fa373","value":"yes","type":"add","operator":"="}]},{"id":"ed4e5469-96cd-408b-be42-2cf2b2dd64d0","order":37,"text":"The Parties have reviewed the condition of the Premises and the state of the Shared Household Accounts and agree that no deduction is chargeable to the Departing Roommate. The Remaining Roommate confirms that no damage beyond ordinary wear and tear, no cleaning cost and no unpaid shared charge is attributable to the Departing Roommate as at the Effective Date, and waives any claim in respect thereof.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"77928710-53ba-4d5f-9abd-8eb9d37fa373","value":"no","type":"add","operator":"="}]},{"id":"6dcda2ad-f4cc-47e2-a1bc-455c01fe1adf","order":38,"text":"6. RENT FOR THE MOVE-OUT MONTH","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S06"},{"id":"8c886854-ef3a-49ac-aed8-95eaba92159c","order":39,"text":"The Parties agree that the Departing Roommate's share of rent for the month in which the Move-Out Date fell, calculated on a daily pro rata basis to and including the Move-Out Date, is $[Prorated rent amount] (the "Prorated Rent"), and that this amount is [still owed by the Departing Roommate].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"883b1bae-fbb1-48cb-94f8-c3de7c527b2e","value":"yes","type":"add","operator":"="}]},{"id":"3bf6b16f-296d-403e-98a1-807e0358432f","order":40,"text":"From and after the first day of the month following the Move-Out Date, the Departing Roommate shall have no obligation, as between the Parties, to contribute to rent for the Premises, and the Remaining Roommate shall be solely responsible as between the Parties for the whole of the rent payable under the Lease. This allocation is effective between the Parties only and does not affect the Landlord's rights against any tenant under the Lease.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"883b1bae-fbb1-48cb-94f8-c3de7c527b2e","value":"yes","type":"add","operator":"="}]},{"id":"27b46717-bb90-4d11-a272-7b8a89dcde06","order":41,"text":"The Parties agree that rent for the month in which the Move-Out Date fell has been paid and apportioned in full, and that neither Party owes the other any sum in respect thereof. From and after the first day of the month following the Move-Out Date, the Departing Roommate shall have no obligation, as between the Parties, to contribute to rent for the Premises, and the Remaining Roommate shall be solely responsible as between the Parties for the whole of the rent payable under the Lease. This allocation is effective between the Parties only and does not affect the Landlord's rights against any tenant under the Lease.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"883b1bae-fbb1-48cb-94f8-c3de7c527b2e","value":"no","type":"add","operator":"="}]},{"id":"3a502972-83ac-42e4-874e-bf5ad9464007","order":42,"text":"7. UTILITIES AND SHARED HOUSEHOLD ACCOUNTS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S07"},{"id":"03fed2ec-1173-4a3c-b5f3-6d9cd8a35954","order":43,"text":"The Parties have reconciled the Shared Household Accounts through the Move-Out Date and agree that the Departing Roommate's outstanding share thereof is $[Utilities balance], in respect of [Accounts covered].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"eb26f539-e91e-4032-84f5-58e637c56981","value":"yes","type":"add","operator":"="}]},{"id":"d86b9009-5443-4f8d-911c-e66a8596229c","order":44,"text":"The Departing Roommate shall have no liability, as between the Parties, for any charge on a Shared Household Account accruing after the Move-Out Date. The Remaining Roommate shall, within thirty (30) days after the Effective Date, use reasonable efforts to remove the Departing Roommate's name from all Shared Household Accounts in respect of which the Departing Roommate is identified as an account holder or guarantor, and shall indemnify and hold the Departing Roommate harmless from any charge accruing on such an account after the Move-Out Date. Where an account cannot be transferred, the Remaining Roommate shall arrange for its closure and the opening of a replacement account in the Remaining Roommate's sole name.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"eb26f539-e91e-4032-84f5-58e637c56981","value":"yes","type":"add","operator":"="}]},{"id":"48bb5cd5-05dd-4bfb-8d0c-a6d14d13714d","order":45,"text":"The Parties have reconciled the Shared Household Accounts through the Move-Out Date and agree that no balance is owed by the Departing Roommate in respect thereof. The Departing Roommate shall have no liability, as between the Parties, for any charge on a Shared Household Account accruing after the Move-Out Date. The Remaining Roommate shall, within thirty (30) days after the Effective Date, use reasonable efforts to remove the Departing Roommate's name from all Shared Household Accounts in respect of which the Departing Roommate is identified as an account holder or guarantor, and shall indemnify and hold the Departing Roommate harmless from any charge accruing on such an account after the Move-Out Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"eb26f539-e91e-4032-84f5-58e637c56981","value":"no","type":"add","operator":"="}]},{"id":"d9f27819-b36f-4999-a769-ba4e9fa34598","order":46,"text":"8. SETTLEMENT AMOUNT AND NET BALANCE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S08"},{"id":"f172a343-2d8c-4f21-852c-3e82308d790c","order":47,"text":"The Parties have computed the net balance between them by taking the Departing Roommate's Deposit Share and applying to it every deduction, credit, prorated rent adjustment and shared-account balance agreed in this Agreement. The Parties agree that the resulting net Settlement Amount is $[Net settlement amount].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"remove","operator":"="}]},{"id":"b02c4291-a711-4aec-88f1-6c8cfa95df09","order":48,"text":"The Settlement Amount is payable by the Remaining Roommate to the Departing Roommate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"rem2dep","type":"add","operator":"="}]},{"id":"2cd5b256-47fc-47c9-a78a-9ebcc5342a0e","order":49,"text":"The Settlement Amount is payable by the Departing Roommate to the Remaining Roommate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"dep2rem","type":"add","operator":"="}]},{"id":"73699ce9-218e-48db-8380-b5282ef6ec6a","order":50,"text":"No sum is payable by either Party to the other, the accounts between the Parties being balanced as at the Effective Date. References in this Agreement to payment of the Settlement Amount, and any obligation conditioned upon it, are of no effect, and the releases given in this Agreement take effect on the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"add","operator":"="}]},{"id":"7d94582b-6eb2-461e-ac1a-5083eb9b4548","order":51,"text":"The Parties acknowledge that they have each independently verified this computation, that it accounts for every sum claimed by either of them as at the Effective Date, and that neither Party shall be entitled to reopen the computation on the ground of arithmetical error, omission or subsequent reassessment, save in the case of manifest error notified in writing within fourteen (14) days after the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"575bb457-3ffd-4d6e-8c6d-366b11ee36c7","order":52,"text":"9. PAYMENT TERMS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S09"},{"id":"df3ee1fd-8f14-4e6f-ba40-3031dfde5870","order":53,"text":"The Settlement Amount shall be paid within [Number] days after the Remaining Roommate receives the Security Deposit refund or accounting from the Landlord, whichever is earlier, by [Payment method]. If the Landlord withholds any part of the Security Deposit for a cause attributable exclusively to one Party, that Party shall bear that withholding in full, and the Settlement Amount shall be adjusted accordingly. If the Landlord withholds any part for a cause not attributable exclusively to either Party, the withholding shall be borne by the Parties in proportion to their respective contributions to the Security Deposit.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Landlord","type":"add","operator":"="},{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"remove","operator":"="}]},{"id":"32103c77-6c6c-4799-b8b6-8e6124d08195","order":54,"text":"The Settlement Amount shall be paid within [Number] days after the Effective Date, by [Payment method]. Payment is not conditional upon the Landlord's accounting, upon the return of the Security Deposit or upon any other event, the Remaining Roommate having assumed that risk under the Article entitled "The Security Deposit".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0d40c3e5-b9f2-4ee7-80b0-671ee3996624","value":"the Remaining Roommates","type":"add","operator":"="},{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"remove","operator":"="}]},{"id":"ac564d75-cff9-4e57-85c7-b9b7e3d409fb","order":55,"text":"Payment shall be made to the account or address notified in writing by the payee, and is at the payor's risk until received in cleared funds. Any sum not paid when due shall bear simple interest from the due date until payment at the lesser of ten percent (10%) per annum and the maximum rate permitted by applicable law. Subject to the Article entitled "Default and Remedies", and to the extent permitted by applicable law, the payor shall reimburse the payee for the reasonable costs of collection actually incurred in recovering any overdue sum; attorneys' fees and costs incurred in any action or proceeding are governed exclusively by that Article and are not recoverable under this Article. Payment of the Settlement Amount in full discharges the payor's monetary obligations under this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"remove","operator":"="}]},{"id":"3e48521d-bdc3-48af-a990-77fb44cc82bd","order":56,"text":"No Settlement Amount being payable by either Party, this Article is of no effect. Each Party shall nevertheless bear its own costs in connection with this Agreement, and any sum that may hereafter become payable between the Parties under the indemnities given in this Agreement shall be paid within thirty (30) days after written demand accompanied by reasonable supporting documentation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"add","operator":"="}]},{"id":"aa2b2005-79c0-49f6-9052-af8deec91ca9","order":57,"text":"10. THE LEASE AND THE LANDLORD","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S10"},{"id":"8d31048c-b532-4ff0-8cd1-423df8aa5a77","order":58,"text":"The Parties acknowledge that the Landlord has released the Departing Roommate from the Lease, or that the Lease has been amended or re-executed so as to remove the Departing Roommate as a tenant, with effect from the Move-Out Date. The Departing Roommate accordingly has no continuing liability to the Landlord under the Lease, and the Remaining Roommate shall be solely liable thereunder.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"released","type":"add","operator":"="}]},{"id":"ec41d543-e256-4e4c-8c07-68b9ff92dd01","order":59,"text":"Should the Landlord nevertheless assert against the Departing Roommate any claim under the Lease, whether on the ground that the release is ineffective or otherwise, the Remaining Roommate shall indemnify, defend and hold harmless the Departing Roommate from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) so asserted and arising out of any act, omission, occupancy, damage or non-payment occurring at or in respect of the Premises after the Move-Out Date. The Remaining Roommate shall promptly deliver to the Departing Roommate a copy of the Landlord's written release or of the amended Lease.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"released","type":"add","operator":"="}]},{"id":"1e19ac05-ae2a-48cb-b590-56d431c85203","order":60,"text":"The Parties acknowledge that the Departing Roommate remains a named tenant under the Lease and therefore remains jointly and severally liable to the Landlord for the obligations arising thereunder, notwithstanding this Agreement. This Agreement allocates liability as between the Parties only; it does not bind the Landlord, does not effect a novation or release of the Lease, and does not relieve the Departing Roommate of any obligation owed to the Landlord.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]},{"id":"e23c75f9-0dda-4f03-9d0f-ba42d16d6e59","order":61,"text":"The Remaining Roommate shall indemnify, defend and hold harmless the Departing Roommate from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) asserted by the Landlord against the Departing Roommate and arising out of any act, omission, occupancy, damage or non-payment occurring at or in respect of the Premises after the Move-Out Date. The Remaining Roommate shall use commercially reasonable efforts to obtain the Landlord's written release of the Departing Roommate from the Lease, and shall promptly notify the Departing Roommate in writing upon obtaining it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]},{"id":"bd8613ea-9973-4adb-b216-7e0ff4306454","order":62,"text":"Reciprocal indemnity. The Departing Roommate shall indemnify, defend and hold harmless the Remaining Roommate from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) asserted by the Landlord or by any third party against the Remaining Roommate and arising out of any act or omission of the Departing Roommate, or of the Departing Roommate's guests or invitees, occurring at or in respect of the Premises on or before the Move-Out Date, other than a matter expressly settled or waived by this Agreement. Each indemnity given under this Agreement survives its performance and termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"bee5b38f-9227-4fd0-91c1-3c8be432363b","order":63,"text":"11. MUTUAL RELEASE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S11"},{"id":"6d144645-4d97-484d-98a2-3f0b1391a543","order":64,"text":"Effective upon payment of the Settlement Amount in full, each Party, on behalf of itself and its heirs, executors, administrators, successors and assigns, hereby fully and forever releases, acquits and discharges the other Party, and the other Party's heirs, executors, administrators, successors and assigns, from any and all claims, demands, debts, liabilities, obligations, actions, causes of action, suits, damages, costs and expenses of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, at law or in equity, which such Party now has, ever had or may hereafter have arising out of or in any way connected with the Lease, the Premises, the Security Deposit, the Shared Household Accounts, or the Parties' co-tenancy, in each case to the extent arising from facts or circumstances existing on or before the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dd92943f-214f-4fbc-a32a-ce3474fe3f6e","order":65,"text":"Each Party expressly waives, to the fullest extent permitted by applicable law, the benefit of any statute or rule of law of any jurisdiction which provides that a general release does not extend to claims which the releasing party does not know or suspect to exist in its favor at the time of executing the release and which, if known, would have materially affected its settlement with the released party. Each Party acknowledges that it may hereafter discover facts different from or in addition to those it now knows or believes to be true, and agrees that this release shall remain effective notwithstanding such discovery.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"189dfa64-ca9f-4455-99b8-178e5c4ded4a","order":66,"text":"Without limiting the generality of the foregoing, each Party expressly waives the benefit of Section 1542 of the California Civil Code, which provides that 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,"displayConditions":[{"field":"40537dd1-ca5f-4da1-9dda-933abbcfd446","value":"California","type":"add","operator":"="}]},{"id":"3cb4aa60-b883-47f1-bed0-27ec7c670a70","order":67,"text":"Nothing in this Article releases any obligation created by this Agreement itself, any claim arising from an act or omission occurring after the Effective Date, any claim for fraud or intentional misrepresentation, any claim under the indemnities given herein, or any claim for personal injury. The releases in this Article do not affect either Party's rights against the Landlord or against any third party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4fcc39a6-6456-4c0f-874b-71ff18466af3","order":68,"text":"Non-waivable rights preserved. Notwithstanding anything to the contrary in this Agreement, nothing herein waives, releases or limits any right or remedy that applicable law provides may not be waived by agreement, including any statutory right of a tenant in respect of a security deposit, any right under applicable housing, habitability, anti-discrimination or anti-retaliation law, and any right that may not lawfully be released in advance. Any provision of this Agreement that would otherwise effect such a waiver shall be read as limited to the maximum extent permitted by law, and its unenforceability in that respect shall not affect the remainder of this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"92f50cd3-4e2c-4413-8f4c-dbe0e7e4f0aa","order":69,"text":"Condition and failure of the release. The releases in this Article are expressly conditioned upon payment of the Settlement Amount in full. If the Settlement Amount is not paid in full within thirty (30) days after it falls due and any cure period provided in the Article entitled "Default and Remedies" has expired, the releases in this Article shall be of no force or effect at the election of the payee, notified in writing to the payor, and the payee may pursue any claim released hereunder as if this Article had not been agreed, in addition to enforcing this Agreement. Any applicable limitation period in respect of a claim released hereunder shall be deemed tolled from the Effective Date until the date of such notice, to the fullest extent permitted by law. Where no Settlement Amount is payable by either Party, the releases take effect on the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"bea45311-76a3-4302-ad7d-0edf4df75a35","order":70,"text":"12. REPRESENTATIONS AND WARRANTIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S12"},{"id":"eb4f36df-b9c7-4ed1-bed8-8c281b9aa7d8","order":71,"text":"Each Party represents and warrants to the other that: such Party has full legal capacity and authority to enter into and perform this Agreement; such Party has not assigned, transferred or purported to assign or transfer to any person any claim released hereunder; such Party enters into this Agreement voluntarily, without duress, coercion or undue influence, and in reliance solely upon its own judgment and, where obtained, upon the advice of its own counsel; and such Party has had a reasonable opportunity to read this Agreement in full, to ask questions about it and to seek independent legal advice before signing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e8cf7c8d-2c5b-4778-ab68-47199fb2e689","order":72,"text":"Each Party further represents that no promise, inducement or representation has been made to it other than as expressly set out in this Agreement, and that it is not relying on any statement of the other Party not so set out.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"144a42e6-8085-4c2f-bb0b-dc48dda31aa6","order":73,"text":"No joint representation. The Parties acknowledge that no attorney has represented both of them jointly in connection with this Agreement, that no attorney-client relationship arises between either Party and counsel for the other, and that each Party has been advised to obtain, and has had a reasonable opportunity to obtain, independent legal advice before signing. A Party who has elected not to obtain such advice does so knowingly and voluntarily and shall not rely on that election to avoid this Agreement. This Agreement is not, and shall not be construed as, legal advice to either Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"e12b251d-dc55-4b58-bd9d-78629de449af","order":74,"text":"13. CONFIDENTIALITY, PRIVACY AND REFERENCES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S13"},{"id":"ea8ad71a-72e0-4a70-8cb6-6f71011456c9","order":75,"text":"The Parties shall keep the terms of this Agreement confidential and shall not disclose them to any third party, except: to the Landlord to the extent necessary to effect the release of the Departing Roommate or the return of the Security Deposit; to a Party's attorney, accountant, lender, insurer or immediate family, in each case on a confidential basis; as required by law, court order or regulatory authority; or as necessary to enforce this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"69651f14-5f1b-44b8-a8c7-55a4acc7bcdd","order":76,"text":"Each Party shall promptly return or destroy any personal documents, mail or records of the other Party remaining in its possession, and shall not retain, use or disclose the other Party's personal, financial or identity information for any purpose unrelated to this Agreement. Each Party shall promptly forward to the other any mail or delivery addressed to the other and received at the Premises. Neither Party shall make any statement, whether oral, written or online, disparaging the other Party in connection with the co-tenancy, and each Party shall respond factually and in good faith to any reasonable request for a tenancy reference concerning the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66c893a8-43c0-454a-9121-5549890c7ef3","order":77,"text":"Duration. The obligations of confidentiality and non-disparagement under this Article continue for three (3) years from the Effective Date. The obligations relating to the return of documents, the forwarding of mail and the handling of the other Party's personal, financial and identity information continue without limit of time. Nothing in this Article prevents a Party from making a truthful statement in the course of any legal proceeding, from reporting a matter to a governmental or law-enforcement authority, or from making any disclosure protected by applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"1f246f24-00a7-4921-9176-abde2a650c59","order":78,"text":"14. DEFAULT AND REMEDIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S14"},{"id":"4570c007-3933-498e-aabb-80d1e7a25060","order":79,"text":"If a Party fails to perform any obligation under this Agreement, the non-defaulting Party shall give written notice specifying the failure, and the defaulting Party shall have ten (10) days after receipt of that notice to cure it. If the failure is not cured within that period, the entire unpaid balance of the Settlement Amount shall become immediately due and payable, and the non-defaulting Party may pursue any and all remedies available at law or in equity, all of which are cumulative and none of which is exclusive.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"remove","operator":"="}]},{"id":"05fe9fae-d1ff-4a5b-855e-3b9e74623ad9","order":80,"text":"If a Party fails to perform any obligation under this Agreement, the non-defaulting Party shall give written notice specifying the failure, and the defaulting Party shall have ten (10) days after receipt of that notice to cure it. If the failure is not cured within that period, the non-defaulting Party may pursue any and all remedies available at law or in equity, all of which are cumulative and none of which is exclusive.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"0e65c34b-9359-4534-bdc9-7b6cfe4e1b71","value":"none","type":"add","operator":"="}]},{"id":"7d150794-b623-4a01-9f2c-a314e7e23f3d","order":81,"text":"The Parties acknowledge that damages may be an inadequate remedy for breach of the confidentiality and access obligations of this Agreement, and that the non-breaching Party shall be entitled to seek injunctive relief and specific performance in respect thereof, without the necessity of posting a bond, in addition to any other remedy. In any action 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":"16","cflou":false,"active":true},{"id":"360a4a1b-951a-4a43-973c-dbf767d20fd2","order":82,"text":"15. GOVERNING LAW AND RESOLUTION OF DISPUTES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S15"},{"id":"31069787-54c1-4d7b-8f09-611e0577f0ec","order":83,"text":"This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e697626a-d90d-45d1-be4c-d27336c30353","order":84,"text":"Before commencing any proceeding, the Parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through direct negotiation, and, failing resolution within thirty (30) days after written notice of the dispute, through non-binding mediation before a neutral mediator jointly selected by the Parties, the costs of which shall be shared equally. This Article does not prevent either Party from seeking urgent injunctive relief or from filing in small claims court where the amount in dispute is within that court's jurisdictional limit.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fc7f5130-52bf-475b-9a75-1b6806b90984","order":85,"text":"If the dispute is not resolved through mediation, the Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County and State of venue], and each Party waives any objection to that venue on the ground of forum non conveniens.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1c5c870a-694c-442f-8563-1cfe63be1f80","order":86,"text":"EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. Each Party acknowledges that it has had the opportunity to consult counsel regarding this waiver and that this waiver is a material inducement to the other Party entering into this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"40537dd1-ca5f-4da1-9dda-933abbcfd446","value":"California","type":"remove","operator":"="},{"field":"40537dd1-ca5f-4da1-9dda-933abbcfd446","value":"Georgia","type":"remove","operator":"="}]},{"id":"63540d76-7205-4cb8-9d13-8e97d58720c5","order":87,"text":"The Parties acknowledge that, under the law of the State governing this Agreement, an agreement waiving the right to trial by jury entered into before a dispute arises is not enforceable, and no such waiver is made by this Agreement. Any dispute not resolved through mediation shall be determined by the courts identified above, and either Party may propose, and the Parties may then agree, to refer the dispute to a referee for hearing and determination in accordance with applicable law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"40537dd1-ca5f-4da1-9dda-933abbcfd446","value":"California","type":"add","operator":"="}]},{"id":"3a5e80bb-6a98-4c36-909a-3a0a7cf496be","order":88,"text":"The Parties acknowledge that, under the law of the State governing this Agreement, an agreement waiving the right to trial by jury entered into before a dispute arises is not enforceable, and no such waiver is made by this Agreement. Any dispute not resolved through mediation shall be determined by the courts identified above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"40537dd1-ca5f-4da1-9dda-933abbcfd446","value":"Georgia","type":"add","operator":"="}]},{"id":"71f8c8cd-4bba-481d-85fb-faf021404191","order":89,"text":"16. MISCELLANEOUS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S16"},{"id":"4de57b28-f438-4e74-bb9c-b83fa1619e41","order":90,"text":"Entire Agreement. This Agreement, together with the documents annexed to it in accordance with the Article entitled "Documents Annexed to this Agreement", constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, including any prior roommate agreement, in each case with respect to that subject matter. This Article does not supersede the Lease, which continues to govern the relationship between the Landlord and any tenant thereunder.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"1e411012-66a6-49ba-beed-ffb4670345a2","order":91,"text":"Amendment and Waiver. No amendment to this Agreement is effective unless in writing and signed by both Parties. No waiver of any provision is effective unless in writing and signed by the waiving Party, and no waiver on one occasion operates as a waiver on any other occasion. No failure or delay in exercising any right operates as a waiver of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"bc7a3853-1e92-4c80-829c-96441e943608","order":92,"text":"Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable or, if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"19552cbc-cf30-428a-a5a7-1a243bba7c94","order":93,"text":"Notices. All notices under this Agreement shall be in writing and shall be deemed given when delivered personally, three (3) business days after deposit in the United States mail by certified mail, return receipt requested, postage prepaid, one (1) business day after deposit with a nationally recognized overnight courier, or upon confirmed transmission by electronic mail, in each case to the postal or email address stated for that Party in this Agreement, or to such other address as a Party may designate by notice given in accordance with this Article. Notice by electronic mail is not effective for a notice of default, a notice terminating the releases given in this Agreement, or a notice commencing a dispute, each of which shall be given by a means other than electronic mail. The Departing Roommate shall keep the Remaining Roommate informed of any change in the forwarding address stated above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"c0dda7b2-c1f1-4ec0-99c1-d7617d2925e9","order":94,"text":"Assignment, Successors and Third Parties. Neither Party may assign this Agreement without the other Party's prior written consent, except that a Party may assign its right to receive the Settlement Amount upon written notice to the other Party. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, successors and permitted assigns. Except as expressly stated, nothing in this Agreement confers any right or remedy on any person who is not a Party, and the Landlord acquires no rights hereunder.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"a29790de-f87b-49a4-af00-0a101832e352","order":95,"text":"Joint and Several Liability. Where the Remaining Roommate comprises more than one individual, their obligations under this Agreement are joint and several, and the Departing Roommate may enforce this Agreement against any one or more of them without joining the others.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"86722f48-4d6d-4ca9-bf3f-31a01ba59c73","order":96,"text":"Construction; Counterparts; Further Assurances. This Agreement is the product of negotiation between the Parties and shall not be construed against the Party that drafted it. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument; signatures delivered by electronic means, including by portable document format or a recognized electronic signature platform, have the same effect as originals. Each Party shall execute such further documents and take such further action as may reasonably be required to give effect to this Agreement. Time is of the essence.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"c40399e7-97e6-4105-bdf6-929cf28374fe","order":97,"text":"Survival. The following provisions survive the payment of the Settlement Amount and the full performance of this Agreement, and continue in force according to their terms: the Articles entitled "Mutual Release", "Representations and Warranties", "Confidentiality, Privacy and References", "Default and Remedies", "Governing Law and Resolution of Disputes" and this Article; every indemnity given under this Agreement; and every provision which by its nature is intended to survive.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"9d07a679-ed78-4cb0-b8a0-9ad52712090e","order":98,"text":"No Admission. This Agreement is a compromise of disputed matters. Nothing in it constitutes or shall be construed as an admission of liability, wrongdoing, or the validity of any claim or defense by either Party, and it shall not be admissible in any proceeding except one to enforce its terms.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"a3ccd8e8-fd01-439c-8509-f778159f37d5","order":99,"text":"17. DOCUMENTS ANNEXED TO THIS AGREEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S17"},{"id":"06fa779f-ecab-4825-8e9c-b8333be55d7b","order":100,"text":"The following documents, where they exist, are annexed to and form part of this Agreement, and where any of them conflicts with the body of this Agreement, the body of this Agreement prevails: a copy of the Lease and of any amendment to it; the photographic record or written schedule of the condition of the Premises as at the Move-Out Date; the statements or invoices supporting any deduction or shared-account balance agreed herein; the Landlord's deposit accounting, once received; and any written release of the Departing Roommate given by the Landlord.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"70784ab1-83a7-47de-8a52-5a74af01a590","order":101,"text":"Each Party shall deliver to the other, on request, a legible copy of any annexed document in its possession. The absence of any such document does not affect the validity or enforceability of this Agreement, the Parties having agreed the Settlement Amount on the basis of the information available to them as at the Effective Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"7297f9de-7532-46ab-a124-412f9ceffd4e","order":102,"text":"IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date first written above, each acknowledging having read and understood every provision hereof.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"0f02bcb5-f760-4cae-b0a6-49e0fefdff39","order":103,"text":"Executed at [City, State], on [Date of signature].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"28","cflou":false,"active":true},{"id":"bd4156ea-8ae1-421e-a1ef-3450e7a92f09","order":104,"text":"DEPARTING ROOMMATE","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"b33ea0ec-cda2-4401-a33b-24251dd32bca","order":105,"text":"____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"e05bc94d-540d-45e0-8748-69e59d7cbfa6","order":106,"text":"[Departing roommate full legal name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"7b1c523d-94d5-455f-aae0-90e246a5d393","order":107,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"046e527f-b34e-4b0e-9e15-61564e250327","order":108,"text":"REMAINING ROOMMATE","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b2a8997e-9dfe-4112-9f59-356b557bab9b","order":109,"text":"Where the Remaining Roommate comprises more than one individual, each shall sign below, and each additional signatory shall sign on a further counterpart of this signature page, which shall form part of this Agreement.","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"c2ed444e-7779-42e1-83ab-c776200bfaf0","order":110,"text":"____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"4b40b223-5599-46d8-af63-2c095fdb1fec","order":111,"text":"[Remaining roommate(s) full legal name(s)]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"166706cf-2c06-43ca-bf99-963fb6871ccf","order":112,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"9c8b95c8-e4f9-41ed-b403-79f83b4d9b54","order":113,"text":"____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"4c32a21e-7b47-47df-833e-bffb4ef6a0e2","order":114,"text":"Name: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"35132013-f606-4c4d-be66-a44e7ea4c4eb","order":115,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"bec99304-5a16-4b1b-90d7-920c5ddec3f9","order":116,"text":"Acknowledged for information only, without becoming a party to this Agreement and without prejudice to any right under the Lease:","fontSize":"11","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]},{"id":"0774cb56-7255-42be-8a1d-2fe26e134606","order":117,"text":"____________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]},{"id":"754c0193-85ae-4e45-ad21-6a6e18918985","order":118,"text":"[Landlord full name], Landlord","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]},{"id":"dbbbf661-637f-4f63-9a84-897dd19af53a","order":119,"text":"Date: ______________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"dac0efd2-3aef-4b8e-8e83-f0f351056c15","value":"onlease","type":"add","operator":"="}]}]