Bed Bug Settlement Agreement

BED BUG SETTLEMENT AGREEMENT

This Bed Bug Settlement Agreement (the Agreement) is made and entered into as of Effective Date: by and between Resident Name: and Owner Name: . Resident and Owner together are the Parties and individually a Party.

RECITALS

WHEREAS, Resident occupied the premises located at (the Premises) and experienced bed bug infestation, loss, or damage; and

WHEREAS, Resident asserted claims against Owner for personal property damage, cleaning costs, relocation costs, and related losses arising from the bed bug infestation; and

WHEREAS, the Parties desire to fully and finally resolve all disputes, claims, and potential claims between them relating to the infestation, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below: "Claims" means any and all claims, demands, causes of action, liabilities, losses, costs, and expenses (including attorneys' fees) arising out of or related to the bed bug infestation at the Premises, whether known or unknown, fixed or contingent.

2. SETTLEMENT PAYMENT

Owner shall pay to Resident a total settlement amount of (the Settlement Amount) in full and final settlement of all Claims. Payment shall be made as follows:

3. RELEASE BY RESIDENT

Upon receipt of the Settlement Amount in accordance with Section 2, Resident, on behalf of Resident and Resident's heirs, executors, administrators, agents, successors and assigns, hereby fully, finally and forever releases and discharges Owner and Owner's past and present agents, employees, contractors, insurers, affiliates, successors and assigns (collectively, the Released Parties) from any and all Claims, demands, actions, causes of action, suits, debts, obligations, liabilities and expenses of any nature whatsoever, whether known or unknown, asserted or unasserted, arising out of or in any way related to the bed bug infestation at the Premises occurring prior to the Effective Date.

4. RELEASE BY OWNER

As additional consideration, Owner releases Resident from any claims Owner may have relating solely to actions or damages arising from Resident's conduct in connection with the infestation as of the Effective Date, except for obligations expressly set forth in this Agreement.

5. NO ADMISSION OF LIABILITY

The Parties acknowledge and agree that this Agreement constitutes a compromise of disputed claims and that neither the payment of any amounts hereunder nor any provision of this Agreement shall be construed as an admission of liability, fault, or wrongdoing by any Party.

6. REMEDIATION AND COOPERATION

Owner shall cause a licensed pest control provider to perform treatment, inspection, and follow-up services at the Premises in accordance with the remediation schedule set forth below. Owner shall ensure all treatment is completed within days of the Effective Date and shall provide evidence of completion and invoices to Resident.

Resident agrees to reasonably cooperate with remediation efforts, including allowing access to the Premises for treatment, following preparatory instructions, and attending scheduled appointments. Failure to cooperate that materially impedes remediation shall excuse Owner from further performance until such cooperation is restored.

7. CONFIDENTIALITY

Except as required by law or as necessary to enforce this Agreement, the Parties shall keep the terms, amount, and circumstances of this Agreement confidential. The Parties acknowledge that a breach of this confidentiality provision may result in irreparable harm for which monetary damages may be insufficient, and each Party shall be entitled to seek injunctive relief in addition to any other remedy at law or equity.

8. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full power and authority to enter into this Agreement, that the person signing on its behalf is duly authorized, and that the Agreement constitutes a valid and binding obligation enforceable in accordance with its terms.

9. INDEMNIFICATION

Each Party shall indemnify, defend, and hold harmless the other Party from and against any third-party claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from that Party's breach of this Agreement or its negligent or willful misconduct.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier, and shall be deemed given upon receipt.

11. ATTORNEYS' FEES AND COSTS

In the event of any action or proceeding to enforce this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing Party, in addition to any other relief awarded.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties concerning such subject matter.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision shall be severed and the remainder of this Agreement shall remain in full force and effect and shall be construed so as to best effectuate the original intent of the Parties.

15. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both Parties. No waiver of any breach of this Agreement shall be effective unless in writing and signed by the Party granting the waiver. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

16. ADDITIONAL TERMS

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