All Parties assert that they have entered into this Agreement willingly. Neither Party is entering into this Agreement for the purpose of evading their obligations under Landlord-Tenant Law.
It is understood that should the Tenant fail to vacate the unit and surrender possession to the Landlord in the manner described above, this Agreement shall form the basis of a Complaint for Forcible Entry and Unlawful Detainer in accordance with the provisions of ORS 105, and the Landlord shall proceed to enforce the Tenant’s voluntarily submitted notice contained herein in court to enforce the terms of the Agreement to Vacate.
The Parties accept this Agreement as full satisfaction of all claims, charges, actions and suits of any kind related to the tenancy, whether known or unknown relating to or arising from events that predate this Agreement. The Parties further release, acquit and forever discharge one another from any and all such claims or suits, and neither Party herein admits, denies or assumes liability to the other.
The Parties agree that Tenant’s Rental Agreement and tenancy is terminated by this Agreement. The Parties shall treat this Agreement as Tenant’s Notice of Termination of Tenancy for all purposes, and all Parties shall treat and report this termination in that fashion.
Parties further agree that they have accepted the considerations set forth in this Agreement as a complete compromise of matters involving disputed issues of law and fact. It is further understood and agreed to by the Parties that this settlement is a compromise of disputed claims and that any payment pursuant to this Agreement is not to be construed as an admission of liability on the part of either Party, by whom liability is expressly denied. Parents of minors residing in the Dwelling Unit accept this Agreement on behalf of their children and acknowledge that said children have been fully compensated through this Agreement.
No Reliance on Representation
Both Parties represent that the terms of this Agreement have been completely read and are voluntarily accepted; they are not executing this Agreement because of financial disadvantage; that no promise or inducement has been offered or made except as herein set forth; that this Agreement is executed without reliance upon any statement or representation by the other Party, or any agents or attorneys of the other Party concerning the nature and extent of its injuries or damages, or the legal liability, financial responsibility, financial status, or assets of any Party.
No Modification or Rescission of Release
The Parties, in return for the consideration granted herein, forever relinquish the right to modify or rescind this Agreement based upon any actual or alleged unilateral or mutual mistake of fact in its formation. The Parties acknowledge and assume all risk, chance, or hazard that the injuries, damages, and claims for attorney fees and costs to which this Agreement pertains may be or become different in nature, scope, or character from those that are now known, anticipated, alleged, or expected, and that they may be mistaken as to the character and extent of those injuries or damages.
Agreement Fully Integrated and Complete
This Agreement is fully integrated, constitutes the entire Agreement between the Parties about its subject matter, and supersedes all prior communications, representations, and Agreements, whether verbal or written, between and among the Parties.
Multiple Counterparts
This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimiles of signatures shall have the same legal effect as original signatures.
