Payment Agreement Template
This Payment Agreement (the “Agreement”) is entered into ____________________ (the “Effective Date”), by and between ________________________, with an address of _____________________________ (the “Debtee”) and _________________, with an address of _______________________________, (the “Debtor”), collectively “the Parties.”
WHEREAS, Debtor owes Debtee a certain debt; and
WHEREAS, Debtee and Debtor desire to enter into an agreement to memorialize this debt and an associated payment plan
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the Parties agree as follows:
1. Debt Amount. Debtor agrees he/she/it owes Debtee $_____________________ (the “Debt”).
2. Payment Plan. The Parties agree to the following Payment Plan.
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Debtor represents and warrants that he/she/it enters that this Payment Plan was developed in such a manner that he/she/it can make the required payments without causing further debt or detriment.
3. Release and Indemnification. By entering into this Payment Plan, Debtee agrees to release Debtor from any previous claims, actions and/or liabilities due to the Debt. The Parties agree this Agreement does not release Debtor of any obligations to pay the Debt.
4. Default. If Debtor defaults on its payments and fails to cure said default within a reasonable amount of time, Debtee will have the option to declare the entire remaining amount of Principal and any accrued Interest immediately due and payable.
5. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
6. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
7. Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
8. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees, collection fees and the like.
9. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
10. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties reside/do business. In the event that the Parties reside/do business in different States and/or Countries, this Agreement shall be governed by _________ law.
11. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
“DEBTEE”
Signed: _________________________________
By: ________________________________________
Date: _______________________________________
“DEBTOR”
Signed: _____________________________________
By: ________________________________________
Date: ______________________________________
