Residential Sublease Agreement

1. PREMISES

Sublessor hereby sublets to Sublessee, and Sublessee hereby rents from Sublessor, the residential dwelling located at [Street Address, Unit No., City, State, Zip] (“Premises”) together with any appurtenant rights expressly included below. Sublessor agrees that the Premises are offered solely for, and Sublessee agrees to use the Premises solely for, lawful residential purposes.

2. TERM; HOLDING OVER

The term of this Agreement (“Term”) shall commence on [DATE] and shall expire on [DATE], unless sooner terminated as provided herein. Any continued possession without Sublessor’s prior, express, written consent after either expiration of the Term or after termination of this Agreement constitutes a holdover (“Holdover”). During any Holdover, Sublessee agrees to pay to Sublessor two-times (2X) the Daily Rent (hereinafter defined) for each day of Sublessee’s Holdover (“Holdover Rent”). Sublessee agrees to remain bound by all other terms set forth in this Agreement during such Holdover. Sublessee further agrees, in connection with such Holdover, to pay to Sublessor all consequential damages, incidental damages, reasonable attorneys’ fees, and costs of regaining possession, to the extent that same are not expressly prohibited by applicable law. Notwithstanding the foregoing, nothing in this clause or this Agreement permits, or should be construed to permit, Sublessee from holding over. In the event of a Holdover, Sublessor may immediately seek possession and damages through any lawful process. Pursuant to this Agreement, Sublessee receives the right to occupy the Premises only for the Term and on the condition that Sublessee fulfills all of its obligations hereunder.

3. RENT AND ADDITIONAL RENT

a. Base Rent. Sublessee shall pay to Sublessor the sum of $[RENT] per month (“Rent”) at least three (3) days in advance on the __ day of each month during the Term. Sublessee hereby authorizes Snag to effect a charge to Sublessee of the first Rent payment contemplated hereunder, together with any one-time charges stated in the Listing, three (3) days before the first day of the Term (“Move-In Date”), and of any subsequent Rent, Additional Rent, or other payments contemplated hereunder up to three (3) days before same become due, with the final rental period prorated at the Daily Rent.

b. Daily Rent. For purposes of this Agreement, Daily Rent is defined as the Rent divided by thirty (30), $__. Daily Rent shall be used in computing Holdover Rent, prorations upon early termination pursuant to Section 6, partial-stay settlements, the final prorated rental period, and any other per-day calculation contemplated by this Agreement. If this Agreement is for a Term that is fewer than thirty (30) days, Sublessee hereby authorizes Snag to effect a charge to Sublessee of all payments due hereunder as of the Effective Date on the Effective Date and any subsequent payments contemplated hereunder up to five (5) days before same become due.

c. Additional Rent. All sums other than Rent payable by Sublessee under this Agreement, including, without limitation, late charges, utilities, taxes, damages, attorneys’ fees, or any reimbursement due Sublessor, are and shall be deemed “Additional Rent”. Any failure to pay Additional Rent when due shall be deemed a failure to pay Rent.

d. Total Rent. “Total Rent” means Rent plus Additional Rent.

e. Snag Fee Included. The Rent stated in this Section 3 is the total monthly amount payable by Sublessee for the Premises and includes the platform service fee payable to Snag (“Snag Fee”) as described in the Snag Terms of Use and the Snag Fees, Payments, and Cancellation Policy (“Fees Policy”). Sublessee shall not be charged the Snag Fee separately or in addition to Rent. The Snag Fee and any payment-processing costs shall be deducted by Snag from amounts remitted to Sublessor, and Sublessor’s payout hereunder shall be limited to amounts net of such deductions.

f. Payment to Snag; Discharge. All amounts payable by Sublessee under this Agreement shall be paid through Snag. Sublessor hereby appoints Snag (acting directly or through its third-party payment processor) as Sublessor’s limited agent solely for the purpose of collecting such amounts, and the Parties agree that any payment received by Snag or its payment processor from Sublessee shall be deemed a payment made directly to Sublessor and shall discharge Sublessee’s payment obligation to Sublessor to the extent of the amount received, whether or not Snag has remitted such amount to Sublessor.

g. Card on File. Sublessee agrees to maintain a valid payment method on file with Snag for the duration of this Agreement. Sublessor agrees to maintain a valid payout account with Snag’s payment processor, and, if Snag requires it, a valid payment card, for the duration of this Agreement and until all amounts owed by Sublessor under this Agreement have been paid. Each Party authorizes Snag to charge that Party’s payment method on file for amounts that Party owes under this Agreement, the Snag Terms of Use, or the Fees Policy, including the amounts described in Section 6, with notice of the amount and basis no later than the time of the charge. Sublessor further authorizes Snag, whether or not a payment card is on file, to recover amounts Sublessor owes by offsetting them against, or withholding, any current or future payout, and by debiting Sublessor’s payout account to the extent permitted by law and by the rules of Snag’s payment processor and the applicable payment network. Removal or invalidation of a payment method or payout account does not extinguish amounts owed.

4. PAYMENT METHOD AND PROCESSING

a. Authorization. Sublessee authorizes Snag, directly or via a third-party processor, to place a temporary authorization hold on Sublessee’s payment method up to the designated amount of the Security Deposit when Sublessee requests to book; to capture that hold and charge the Security Deposit upon Sublessor’s approval of the request (or to charge the Security Deposit upon Sublessee’s confirmation of a pre-approved application); to charge Rent, Additional Rent, Holdover Rent, and other amounts contemplated in this Agreement on the schedule stated in Section 3; and to release funds to Sublessor on or after the Move-In Date. Snag may, but shall not be obligated to, charge and process any amounts contemplated hereunder beyond the end of the Term.

b. Failed Payments; Grace Period; Late Charge. If any charge of Rent or Additional Rent fails, Snag may notify Sublessee and retry the payment method approximately once every twenty-four (24) hours for up to seven (7) days following the due date (“Grace Period”). If payment is not completed by the end of the Grace Period, Sublessee shall pay, as Additional Rent, a late charge equal to the lesser of five percent (5%) of the monthly Rent or the maximum amount permitted by applicable law. Any failure to complete payment within ten (10) days after the due date shall constitute a Default under Section 19.

c. Unpaid First-Month Rent. If Rent for the first rental period has not been collected by the Move-In Date, Sublessor may decline to deliver possession until it is collected. If it remains uncollected at the end of the Move-In Date, Sublessor may instead cancel this Agreement without a Sublessor cancellation fee, in which case the cancellation is treated as a cancellation by Sublessee under Section 6(b). If the initial Rent payment is dishonored, charged back, reversed, or otherwise fails, and remains uncollected seven (7) days after its due date, the booking may be treated as cancelled by Sublessee pursuant to Section 6(b). Sublessee’s obligations hereunder are not excused by Sublessee’s failure to take possession.

d. Later Failed Payments; Termination. If any later payment is dishonored, charged back, reversed, or similar, Sublessor may terminate this Agreement with immediate effect upon notice to Sublessee. Where this Agreement is terminated due to or in connection with any breach by Sublessee, all Rent and Additional Rent accrued through the effective date of termination shall remain due and owing, amounts payable by Sublessee under Section 6(b) may be recovered as provided therein, and refunds of unused amounts, if any, shall be governed by Section 6 and the Fees Policy. Nothing in this subsection limits, or shall be construed to limit, any right or remedy available to Sublessor, including the right to seek recovery of additional damages.

e. Billing Errors. If any payment is charged to an incorrect payment method or in an incorrect amount, Sublessee must notify Snag within sixty (60) days of the charge. Upon confirming the error, Snag may refund the erroneous charge and re-charge the correct payment method. No confirmed billing error shall itself constitute a Default.

f. Snag’s Role; Suspension of Payments; Indemnity. The Parties acknowledge that Snag’s role is limited to payment processing and dispute resolution, and that Snag is not a Party to this Agreement or any other agreement between the Parties. Snag, in its sole, exclusive, and absolute discretion, may suspend or reverse any payment or transfer contemplated hereunder in good faith to comply with any law or duty, to investigate fraud or chargebacks, or where Snag believes doing so is appropriate to protect Snag, its users, or third parties. Each Party agrees to indemnify Snag, to the fullest extent permissible under applicable law, for and against any loss, damage, claim, expense, or similar arising out of, in connection with, or pertaining to any acts or omissions by Snag operating as contemplated hereunder.

g. Fees Non-Refundable. Except as expressly provided in Section 6 (Cancellation; Early Termination), Section 13 (Condition of Premises), the Snag Terms of Use, or the Fees Policy (including where Sublessor cancels this Agreement, an excused-reason termination occurs, or a claim of material misrepresentation is upheld), Snag’s fees and payment-processing fees are non-refundable in the event of any cancellation or early termination, and Snag Fees attributable to amounts already charged are earned as described in the Snag Terms of Use.

5. SECURITY DEPOSIT

a. Deposit Processing and Holding. Sublessee shall pay a security deposit (“Security Deposit”) in the amount specified by Sublessor in Sublessor’s listing description through Snag, which amount shall not exceed one (1) month’s Rent or any lower maximum required by applicable law. The Security Deposit is and remains Sublessee’s money, held as security for Sublessee’s performance of this Agreement. Sublessor hereby appoints Snag as Sublessor’s limited agent for the sole purposes of collecting, holding, refunding, and disbursing the Security Deposit through Snag’s payment processor, and receipt of the Security Deposit by Snag or its payment processor is receipt by Sublessor for all purposes. Snag is not a party to this Agreement. Security Deposit funds shall be processed via the payment method on file and held through Snag’s payment processor, tracked separately from all other funds on Snag’s books and never withdrawn to Snag’s operating accounts, until returned or applied in accordance with this Section 5, and Sublessor remains responsible for all obligations that applicable law imposes on the recipient or holder of a residential security deposit, including any obligation to hold the deposit in trust, in a segregated or interest-bearing account, or to pay interest to Sublessee. The Security Deposit may be applied only against Rent due and unpaid under this Agreement (including Rent due for the first rental period whether or not Sublessee takes possession), damage to the Premises caused by Sublessee beyond normal wear and tear, utility charges due and unpaid under this Agreement, and the reasonable cost of moving and storing Sublessee’s belongings, in each case only to the extent permitted by applicable law, and shall not be applied to cancellation fees, the Snag Fee, or other platform charges. Rent that Sublessee owes under Section 6(b) after cancelling outside the free-cancellation window is Rent, not a cancellation fee, for purposes of this subsection.

b. Automatic Return. Unless a valid claim is made pursuant to subsection (c) below, the Security Deposit shall be automatically released and returned by Snag to the Sublessee within seven (7) calendar days following the date of vacatur by the Sublessee, whether such vacatur occurs at the expiration of the Term or upon any earlier termination of this Agreement pursuant to Section 6 or otherwise (“Return Period”). Funds returned to Sublessee may take several additional business days to appear in Sublessee’s bank or card account, depending on Sublessee’s bank or card issuer.

c. Claims Against the Deposit. If the Sublessor seeks to make a claim against the Security Deposit for damages, unpaid rent, cleaning, or other charges permitted under this Agreement, the Sublessor must, by no later than the sixth (6th) day following Sublessee’s vacatur (which the Parties agree shall be deemed to be the last day of the Term or, in the case of any early termination pursuant to Section 6, the effective date of such termination, in each case unless proven otherwise to Snag prior to expiration of the Return Period), furnish Snag with:

i. clear photo and/or video evidence of the alleged basis for the claim;

ii. supporting documentation such as itemized estimates, invoices, or receipts; and

iii. a copy of the executed reservation or sublease agreement, transmitted from the email address associated with the Sublessor’s Snag account to hi@joinsnag.com.

d. Review. Snag shall review all timely submitted materials and, in good faith, determine whether deductions are warranted and in what amount, taking into account factors such as authenticity of receipts and reasonableness of claimed replacement or repair costs (e.g., avoiding charging replacement value for items of depreciated condition). The Parties hereto agree to irrevocably abide by any determination made by Snag with regard to any such determination of deduction or credit made by Snag.

e. Approval Process. Snag may, in its sole and exclusive discretion, approve, reduce, or deny any claimed deduction, and may request additional information or documentation from either Party to make a fair determination, which each Party agrees to furnish to Snag within 24 hours of any such request by Snag. Failure to timely submit such additional information or documentation shall constitute a waiver.

f. Determination and Disbursement. Snag shall notify both Parties of its determination and shall disburse the Security Deposit, in whole or in part, to the appropriate Party in accordance with that determination. The Parties expressly agree that Snag’s determination shall be final and binding as between the Parties for purposes of Security Deposit distribution, and each Party hereby appoints Snag as an independent mediator and arbiter for such limited purpose. If any portion of the Security Deposit is retained, an itemized statement specifying each basis for retention, issued by Sublessor or by Snag on Sublessor’s behalf, shall be provided to Sublessee, together with any remaining balance, within fourteen (14) days after Sublessee vacates, and the Parties acknowledge that a failure to provide the statement and balance within the time required by applicable law may result in forfeiture of the right to retain any portion of the Security Deposit.

g. Transparency and Notice. Upon receipt of any claim by the Sublessor, Snag shall promptly provide the Sublessee with copies of all supporting evidence and itemized statements submitted by the Sublessor. Sublessee shall have an opportunity to respond or supplement within four (4) days of receiving them. A claim does not extend the fourteen (14) day period in subsection (f).

h. Preservation of Legal Rights. Nothing in this Section limits or waives either Party’s right to pursue any subsequent claim, counterclaim, or cause of action arising from or related to the Security Deposit determination against the other Party, including any action by the Sublessee challenging improper deductions or by the Sublessor seeking amounts exceeding the Security Deposit balance. Both Parties agree that they waive any claim(s) against Snag arising out of, in connection with, or otherwise pertaining to this Section 5 and its subsections.

i. Acknowledgment. Each Party acknowledges and agrees that (a) Snag is not a party to this Agreement and bears no liability to either Party except for actions taken in bad faith or intentional misconduct; (b) Snag’s role is limited to processing, holding, and distributing Security Deposits and making good-faith determinations on evidentiary sufficiency; and (c) all communications and evidence submissions under this Section must be made directly to Snag at hi@joinsnag.com.

j. Extensions. If the Term is extended pursuant to Section 7, the Security Deposit shall not be returned upon expiration of the original Term, but shall instead carry over and continue to be held in accordance with this Section 5 for the Term as extended, without being charged again, and the Return Period shall run from Sublessee’s vacatur following the final day of the Term as extended. No additional Security Deposit shall be required in connection with an extension unless the Parties expressly agree otherwise in the extension confirmed pursuant to Section 7.

k. Return of Released Funds. If any claim, cancellation, or refund is upheld or authorized pursuant to Section 6 or Section 13 after any portion of the Security Deposit or any other funds have been released to Sublessor, Sublessor shall return the amounts necessary to satisfy such refund within five (5) business days of notice from Snag, and Sublessor hereby authorizes Snag to recover such amounts by reversing the applicable transfer, debiting Sublessor’s payout account, offsetting against any current or future payout, or charging Sublessor’s payment method on file.

l. Pre-Move-Out Inspection. Sublessee has the right to request an inspection of the Premises before vacating and the right to be present at it. Within a reasonable time after either Party gives notice of an intention to end the tenancy, and in any event no later than fourteen (14) days before the last day of the Term, Sublessor, or Snag on Sublessor’s behalf through the Snag App, shall notify Sublessee in writing of these rights, unless Sublessee ends the tenancy on less than two (2) weeks’ notice. If Sublessee requests an inspection, Sublessor shall (i) conduct it no earlier than two (2) weeks before the end of the term where required by applicable law, no later than one (1) week before the end of the Term, and otherwise no later than forty-eight (48) hours before the end of the Term; (ii) give Sublessee at least forty-eight (48) hours’ written notice of its date and time; and (iii) after the inspection, give Sublessee an itemized statement of the repairs or cleaning proposed as the basis of any deduction from the Security Deposit. Sublessee may cure any listed condition before the end of the Term, and Sublessor may not deduct for a condition Sublessee has cured. Where the Term is too short for an inspection within the period in clause (i), the inspection shall take place at a mutually agreed time before Sublessee vacates. If Sublessee does not request an inspection, no inspection is required, and Sublessee’s decision not to request one does not waive any right of either party under this Section 5.

6. CANCELLATION; EARLY TERMINATION

a. No Early Termination Except as Provided. Except as expressly set forth in this Section 6, in Section 21 (fire, casualty, or condemnation), in Section 24 (military status), or as otherwise required by applicable law, neither Party may unilaterally cancel or terminate this Agreement after the Move-In Date, and Sublessee shall not be relieved of any obligation to pay Rent by vacating or abandoning the Premises before the expiration of the Term.

b. Cancellation by Sublessee Before Move-In. Where the Listing’s Cancellation Policy provides a free-cancellation window, Sublessee may cancel this Agreement for any reason before the applicable deadline, in which case all amounts paid (including the Security Deposit) shall be refunded in full and neither Party shall have further obligations hereunder. If Sublessee cancels after the applicable deadline, or repudiates a confirmed booking after that deadline (including by failure to pay as described in Section 4 or failure to appear), then: (i) Sublessee shall remain liable for Rent under this Agreement up to a maximum of one (1) month’s Rent, subject to Sublessor’s duty under applicable law to mitigate damages by taking reasonable steps to re-let the Premises, and reduced by all rent attributable to any re-letting of the same period; (ii) Sublessee shall pay the cancellation processing fee stated in the Fees Policy; and (iii) Sublessee shall pay the earned Snag Fee attributable to the first rental period, as described in the Snag Terms of Use. The Security Deposit may be applied only against unpaid Rent described in clause (i), and any balance shall be refunded to Sublessee with an itemized statement as provided in Section 5; the amounts in clauses (ii) and (iii) may be charged to Sublessee’s payment method on file.

c. Cancellation by Sublessor. If Sublessor cancels this Agreement at any time, other than for an excused reason documented in accordance with the Fees Policy, Sublessee shall receive a full refund of all amounts paid and unused hereunder (including the Security Deposit and Rent attributable to any unused period, inclusive of the Snag Fee component), with such refund to be initiated within ten (10) business days of the cancellation. Sublessor shall not receive, and hereby waives, any payout attributable to the cancelled booking; Sublessor shall pay the Sublessor cancellation fee stated in the Fees Policy, a portion of which is paid or credited to Sublessee, and hereby authorizes Snag to collect it by offset against or withholding of any current or future payout, by debiting Sublessor’s payout account, or by charging Sublessor’s payment method on file, as stated in Section 3(g); and Sublessor acknowledges that repeated or bad-faith cancellations are grounds for removal of Sublessor’s Listing or account, in each case as provided in the Snag Terms of Use and the Fees Policy. As set forth in the Fees Policy, Sublessor is also responsible to Snag for the reasonable, documented costs Snag incurs because of the cancellation, including amounts Snag pays or credits to re-house or compensate Sublessee, and Snag’s reasonable costs of collecting amounts Sublessor owes. Nothing in this subsection limits any other right or remedy available to Sublessee under applicable law.

d. Sublessee Early Termination Option. Sublessee may terminate this Agreement early by (i) giving not less than thirty (30) days’ written notice through the Snag platform, and (ii) paying an early termination fee equal to one (1) month’s Rent. Upon timely notice and payment: Rent shall be prorated at the Daily Rent through the effective termination date; Sublessee shall be released from Rent accruing after the effective termination date; the effective termination date shall be deemed the last day of the Term for purposes of Section 5; and the early termination fee shall be remitted to Sublessor net of the Snag Fee. The Parties agree that this option is a bargained-for alternative means of performance and a reasonable estimate of the losses associated with an early departure (re-letting costs, vacancy risk, and administrative costs), which are difficult to calculate precisely at the time of contracting, and is not a penalty.

e. Departure Without the Option. If Sublessee vacates or abandons the Premises without exercising the option above, Sublessee shall remain liable for Rent as it comes due until the earlier of the end of the Term or the date the Premises are re-let, subject to Sublessor’s duty under applicable law to mitigate damages, and scheduled Rent charges shall continue during that period.

f. Mutual Early Termination. The Parties may terminate this Agreement by mutual agreement, effective as of a date certain, only by written confirmation given by each Party through Snag’s early-termination process on the Snag App (or by each Party’s confirming email to hi@joinsnag.com sent from the email address associated with that Party’s Snag account). Upon a mutual termination so confirmed: (i) Rent shall be prorated at the Daily Rent through the effective date of termination, and prepaid but unused Rent shall be refunded to Sublessee; (ii) no further recurring charge shall be made where the termination is confirmed at least five (5) days before the next scheduled charge date, and any amount charged after confirmation for any period following the effective date of termination shall be refunded in full; (iii) the effective date of termination shall be deemed the last day of the Term, and vacatur on or before that date shall trigger the Return Period under Section 5; (iv) all amounts accrued and unpaid through the effective date of termination shall remain due and owing; and (v) if the Parties continue Sublessee’s occupancy of the Premises, or enter into a new rental of the Premises with each other, other than through Snag, within twelve (12) months after the effective date of termination, the obligations of each Party to Snag under the Snag Terms of Use, including the Snag Fee for that occupancy, apply as if this Agreement had not been terminated.

g. Termination by Sublessor. Sublessor may terminate this Agreement after the Move-In Date only upon Sublessee’s uncured Default under Section 19, or upon an excused reason described in the Fees Policy arising during the Term. Any other termination initiated by Sublessor shall be treated as a cancellation by Sublessor under subsection (c) above, with Rent prorated at the Daily Rent through the date Sublessee vacates and all unused amounts refunded.

h. Legal Occupancy; Vacate Orders. Sublessor represents and warrants that the occupancy contemplated by this Agreement is lawful, including under laws that limit the number of unrelated persons who may occupy a dwelling unit, require the occupants of a dwelling unit to maintain a common household with access to all parts of the unit, prohibit the conversion of a dwelling unit into a rooming house or single-room-occupancy arrangement, and limit the number of additional occupants a tenant may take in. Where the Premises are a room or shared space, Sublessee shall have access to the kitchen, bathroom, and common areas of the unit as described in the Listing. If a governmental vacate order, occupancy violation, or similar governmental action prevents or terminates Sublessee’s occupancy of the Premises, then, as between the Parties: this Agreement shall be treated as cancelled by Sublessor under subsection (c) above, with Rent prorated at the Daily Rent through the date Sublessee vacates; Sublessee shall receive a refund of all amounts paid and unused, which Snag may recover from Sublessor by reversal, offset, or charge as described in the Snag Terms of Use; and Sublessor shall be responsible for the losses resulting from the unlawful occupancy, without limiting Sublessee’s rights or remedies under applicable law.

i. Claims; Snag Resolutions. Claims by either Party against the other arising out of this Agreement that are eligible for Snag Resolutions under the Snag Dispute Resolution Policy (including deposit claims, damage claims, misrepresentation and habitability claims, and disputes over cancellation and termination amounts) shall be submitted through Snag Resolutions in accordance with that policy before being pursued in any other forum against the other Party. The Parties agree that determinations under Snag Resolutions are final and binding as to the Platform Remedies described in that policy (including disbursement of the Security Deposit and charges to a Party’s payment method on file up to the cap stated there), and that either Party otherwise remains free to pursue claims against the other Party in a court or other forum of competent jurisdiction. Each Party releases Snag from claims arising out of determinations made, or actions taken or not taken, in good faith under Snag Resolutions.

j. Effect of Early Termination. Any cancellation or early termination under this Section 6 shall not affect amounts accrued and owing as of the effective date of termination; Snag Fees attributable to amounts already charged remain earned as described in the Snag Terms of Use and the Fees Policy; and the provisions of this Agreement that by their nature survive termination shall so survive.

7. EXTENSIONS; AMENDMENTS

a. Amendments Through Snag. Any modification of this Agreement (including any change to the Term dates, Rent, occupants, or other terms) shall be effective only if made through Snag’s amendment or extension process on the Snag App and confirmed by both Parties (or by each Party’s confirming email to hi@joinsnag.com sent from the email address associated with that Party’s Snag account). A modification so confirmed shall be deemed a writing signed by both Parties for purposes of Section 43 (Entire Agreement; No Oral Modification). No other purported modification (including any oral statement, text message, or unilateral request to Snag support) shall be binding on either Party or on Snag.

b. Extensions. The Parties may extend this Agreement for an additional period by confirming the extension through Snag. Unless expressly stated otherwise in the confirmed extension, an extension incorporates all terms of this Agreement (modified only as to the Term dates and, if applicable, the Rent) and shall be treated as a continuation of this Agreement, and not as a new tenancy, for purposes of the Security Deposit, which shall carry over in accordance with Section 5. Recurring Rent charges shall continue on the schedule set forth in Sections 3 and 4 during any extension.

c. Date Changes; Recalculation. If the Parties modify the commencement or expiration date of the Term pursuant to this Section 7, Rent shall be recalculated and prorated at the Daily Rent, with any resulting overpayment refunded or credited to Sublessee and any resulting underpayment charged in accordance with Section 4.

8. REPRESENTATIONS AND WARRANTIES

a. Sublessor Representations and Warranties. Sublessor represents and warrants to Sublessee that, as of the Effective Date and throughout the Term and any Holdover:

i. Authority and Capacity. Sublessor has full legal right, power, and authority to execute, deliver, and perform this Agreement and to grant possession of the Premises.

ii. Good Standing. Sublessor is lawfully in possession of the Premises pursuant to a valid master lease, proprietary lease, deed, or other legal interest conferring the right to sublet.

iii. Compliance with Law and Lease. The within Agreement complies with all applicable statutes, ordinances, zoning regulations, housing laws, and all covenants, rules, and restrictions contained in any master lease, condominium, cooperative documents, or other controlling documents affecting the Premises.

iv. Required Consents. Sublessor has obtained, or prior to commencement will obtain, all approvals, consents, and authorizations required from any landlord, condominium association, cooperative board, or other authority necessary to enter into this Agreement.

v. No Conflicts. Execution and performance of this Agreement will not breach or default any agreement, mortgage, lease, or other agreement to which Sublessor is a party.

vi. Habitability. To Sublessor’s knowledge, the Premises comply with all laws affecting habitability, building safety, and health.

vii. No Pending Violations. Sublessor has received no written notice of outstanding building, housing, or fire code violation that remains uncorrected.

viii. No Encumbrances. No third party holds possessory or contractual rights that conflict with this Agreement.

ix. Accuracy of Information. All information provided to Sublessee and to Snag in connection with this Agreement is true, complete, accurate, and not misleading.

x. Continuing Duty. Sublessor shall promptly notify Sublessee of any change in authority, ownership, or compliance status that may affect the validity or enforceability of this Agreement.

xi. Master Lease Performance. Sublessor shall pay all rent and perform all other obligations under the master lease, proprietary lease, or other agreement under which Sublessor holds the Premises, and shall promptly notify Sublessee and Snag of any notice of default, termination, or eviction proceeding under it. A loss or interruption of Sublessee’s occupancy caused by Sublessor’s failure to do so is treated as a cancellation by Sublessor under Section 6(c) hereof, and Sublessor is responsible for Sublessee’s resulting losses and, as provided in the Fees Policy, for Snag’s resulting costs.

xii. Indemnity for Breach. Sublessor shall indemnify and hold harmless Sublessee and Snag from all losses, fines, or penalties arising from any breach of these representations and warranties.

b. Sublessee Representations and Warranties. Sublessee represents and warrants to Sublessor that, as of the Effective Date and throughout the Term:

i. Authority and Capacity. Sublessee has full legal capacity and authority to execute, deliver, and perform this Agreement. If Sublessee is more than one person, each executes this Agreement jointly and severally.

ii. Compliance with Law. Sublessee shall comply with all laws, building regulations, and community rules applicable to the Premises and shall not permit any unlawful conduct, nuisance, or waste.

iii. Prohibited Uses. Sublessee shall not list, advertise, sublease, or rent the Premises or any portion thereof, including, without limitation, through Airbnb, VRBO, or any similar short-term rental platform, nor allow occupancy for fewer than thirty (30) consecutive nights where prohibited by law.

iv. No Further Subletting or Assignment. Sublessee shall not assign this Agreement or sublet the Premises in whole or in part without Sublessor’s prior, express, written consent.

v. Utilities and Services. Sublessee shall use utilities and services in a reasonable manner. “Excessive Utility Usage” means monthly consumption that exceeds one hundred and ten percent (110%) of the average monthly cost for the same service at the Premises during the twelve-month period preceding commencement of the Term set forth herein. Charges for Excessive Utility Usage shall constitute Additional Rent.

vi. Condition and Care. Sublessee accepts the Premises in its present condition subject to Sublessor’s maintenance obligations set forth herein and shall maintain the Premises in good order and cleanliness, ordinary wear and tear excepted.

vii. No Hazardous Activities. Sublessee shall not engage in any activity that may increase fire risk, invalidate insurance, or violate any rule, law, regulation, or lease provision governing the Premises.

viii. Truthfulness of Information. All information and documentation provided by Sublessee to Sublessor and to Snag in connection with this Agreement are true, complete, accurate, and not misleading.

ix. Indemnity for Breach. Sublessee shall indemnify and hold harmless Sublessor and Snag from all losses, fines, or penalties arising from any breach of these representations and warranties.

9. USER-PROVIDED INFORMATION; DISCLAIMERS

a. “Snag App” means the digital platform, website, and mobile application operated by Snag Sublets, Co. d/b/a Snag through which listings, payments, and communications related to this Agreement may occur.

b. User-Supplied Information. All information, listings, photographs, identities, payment details, and other data appearing in this Agreement or transmitted through the Snag App are provided solely by the Parties. Each Party hereto represents that the information it supplies or has supplied to Snag and to the other Party hereto is true, accurate, complete, and not misleading.

c. No Verification by Snag. The Parties acknowledge and agree that Snag does not, and has no duty to, independently verify any such information or data, including property descriptions, ownership, authority to sublet, payment credentials, or identity details. Snag’s role is limited to facilitating the exchange of information and, where authorized, to processing of payments as set forth herein.

d. Assumption of Risk. Each Party understands and agrees that it enters into this Agreement entirely at its own risk based on the representations of the other Party. Snag makes no warranty, express or implied, regarding the truth, accuracy, completeness, or legality of any information supplied.

e. No Reliance on Snag. Each Party expressly disclaims any reliance on Snag or on any information displayed or transmitted through the Snag App in deciding to enter this Agreement.

f. Condition of Participation. If either Party is unwilling to accept the risks described in this Section, that Party should not enter into this Agreement and should not use the Snag App to facilitate any sublease.

g. Indemnification. Each Party shall, to the fullest extent permissible under applicable law, indemnify and hold harmless Snag from any loss, claim, damage, or liability arising out of, in connection with, or otherwise pertaining to inaccurate, incomplete, or misleading information supplied by that Party or any other Party.

10. USE AND OCCUPANCY

Sublessee agrees to occupy the Premises solely as a private dwelling and not to engage in any commercial activity or illegal conduct on or about the Premises. Sublessee agrees to comply with all applicable laws, regulations, rules, and lease covenants and restrictions during the Term.

11. OCCUPANTS

Only the Sublessee and its permitted guests may occupy the Premises. No more than two (2) specific occupants per bedroom may occupy the Premises unless otherwise specified by Sublessor (whether more, fewer, different, or the same). Nothing in this Section 11 shall in any way limit Sublessor’s right to require the name and contact information of each such permitted guest and to prohibit Sublessee from substituting or adding Occupants without Sublessor’s prior, express, written consent. Any substitution of occupants or overoccupancy constitutes a material breach of this Agreement.

12. AGENTS, ASSIGNS, GUESTS, INVITEES, LICENSEES

Each Party agrees to be fully responsible and liable for the acts and omissions of its respective agents, employees, contractors, guests, invitees, licensees, occupants, and assigns (collectively, “Representatives”) as though such acts or omissions were its own. Sublessee shall ensure that all Representatives comply with this Agreement, any applicable master lease or other controlling document, and all laws and building rules applicable to the Premises. Any violation, damage, or unlawful conduct by a Representative shall be deemed a breach of this Agreement by the Party permitting or failing to prevent such Representative’s presence, and all resulting losses or costs shall constitute Additional Rent recoverable by the non-breaching Party. Each Party agrees to indemnify and hold harmless the other Party and Snag from all claims, damages, fines, or liabilities arising from or relating to the conduct of its Representatives.

13. CONDITION OF PREMISES AND DELIVERY OF POSSESSION

a. Condition at Commencement. Sublessor represents that the Premises will substantially and materially conform to the description, photos, and representations provided in the applicable listing or reservation materials at the time of booking (“Listing”). Sublessee has the right to request an inspection of the Premises with Sublessor or Sublessor’s agent after this Agreement is signed and before Sublessee begins occupancy, and this Agreement constitutes Sublessor’s offer of that inspection. Sublessee may request the inspection through the Snag App or by email to hi@joinsnag.com. If Sublessee requests it, Sublessor shall provide the inspection before Sublessee begins occupancy, and the Parties shall sign, through the Snag App or otherwise in writing, a record of the condition of the Premises specifically noting any existing defects or damage (“Move-In Condition Record”). Sublessor may not retain any portion of the Security Deposit for any condition, defect, or damage noted in the Move-In Condition Record. If Sublessor does not provide a requested inspection before Sublessee begins occupancy, Sublessee may instead submit dated photographs or video of the Premises through the Snag App within twenty-four (24) hours after taking possession, and that submission shall serve as the Move-In Condition Record.

b. Reporting of Material Discrepancies. If, upon taking possession, Sublessee believes that the Premises materially differs from the Listing, such as, without limitation, being unsafe, unsanitary, uninhabitable, or otherwise misrepresented, Sublessee must notify Snag in writing within twenty-four (24) hours of the commencement of the Sublease Term. Notice shall be provided by email to hi@joinsnag.com from the email address associated with the Sublessee’s Snag account and must include:

i. a description of the issue;

ii. supporting evidence (such as photographs, videos, audio recordings, or message screenshots); and

iii. a copy of the reservation or sublease agreement.

c. Late Reports; Unresponsive Sublessor. A report made after the 24-hour period described above may be considered by Snag in its discretion; remedies for late-reported conditions shall be prospective only (such as termination of this Agreement or an adjustment for the remainder of the Term) and shall not include refunds for any period of Sublessee’s actual occupancy preceding the report, absent concealment of a material defect. If Sublessor fails to respond to any request by Snag for information relating to a report under this Section within twenty-four (24) hours, Snag may make its determination on the basis of the evidence then available to it.

d. Snag’s Review and Determination. Upon receipt of such timely notice, Snag shall act as independent mediator and arbiter to determine whether the condition of the Premises constitutes a material misrepresentation or defect justifying cancellation and refund. Snag may request additional information from either Party and shall exercise good-faith discretion in evaluating the claim, including review for authenticity of evidence and the reasonableness of each Party’s representations. Failure by either Party to furnish requested additional information or documentation within 24 hours of request by Snag may be deemed a waiver.

e. Effect of Determination.

i. If Snag determines that the Premises was materially misrepresented or otherwise unfit for occupancy, the Parties agree that Snag may authorize cancellation of this Agreement and direct that all or part of amounts paid by the Sublessee (including the Security Deposit) be refunded. Where Sublessee has occupied the Premises prior to resolution of the claim, Sublessor shall be entitled to the Daily Rent for each day of Sublessee’s actual occupancy, and any refund shall be computed on amounts paid but unused, including the Security Deposit to the extent not theretofore released or validly applied. If any amount required to be refunded has already been released to Sublessor, Sublessor shall return it in accordance with Section 5.

ii. If Snag determines that the Premises substantially conforms to the Listing, the Sublease shall remain in effect, and funds shall be disbursed in accordance with its terms.

iii. The Parties hereto agree that Snag’s determination shall be final and binding between the Parties for purposes of refund or cancellation, and each Party hereby appoints Snag as mediator and arbiter for this limited function.

f. Reservation of Rights. Nothing in this Section prevents either Party from later pursuing claims or remedies available under applicable law, including any claim of breach, misrepresentation, or damages beyond the amounts handled by Snag.

g. Remediation; Relisting; No Guaranteed Rehousing. Following any determination by Snag substantiating a material misrepresentation, Sublessor shall correct the applicable Listing (including photographs and descriptions) before relisting the Premises, and Snag may suspend or remove the Listing or Sublessor’s account as provided in the Snag Terms of Use. Any assistance that Snag may provide to Sublessee in locating alternative housing is a discretionary courtesy only, is not an obligation of, or a remedy against, Snag, and shall not create any liability for Snag.

h. Acknowledgment. Each Party acknowledges and agrees that:

i. Snag is not a party to this Agreement and assumes no liability except for actions taken in bad faith or intentional misconduct;

ii. Snag’s role is limited to facilitating payment, refund, and dispute resolution in good faith; and

iii. all communications and evidence submissions under this Section must be made directly to hi@joinsnag.com from the verified account associated with the reservation.

i. Delivery of Possession; Access. Sublessor shall deliver possession of the Premises to Sublessee on the first day of the Term, in the condition required by subsection (a) and free of occupancy by any person other than occupants disclosed in the Listing. Sublessor shall make working access to the Premises (including keys, entry codes, and entry instructions) available to Sublessee no later than twenty-four (24) hours before the Move-In Date and shall ensure that Sublessee can enter the Premises by the time stated in the Listing or, if none is stated, by 6:00 p.m. local time on the Move-In Date (“Access Time”). Sublessor shall not offer, lease, license, or promise the Premises, or Sublessee’s room, to any other person for any period overlapping the Term.

j. Access Failure. If Sublessee cannot enter the Premises by the Access Time because Sublessor failed to provide or maintain working access (“Access Failure”): (i) no Rent accrues for any period before Sublessee obtains working access, and any Rent already paid for that period shall be refunded or credited at the Daily Rent; (ii) Sublessor shall reimburse Sublessee’s reasonable, documented out-of-pocket cost of substitute lodging until working access is provided, for up to seven (7) nights; and (iii) if Sublessee does not obtain working access within twenty-four (24) hours after the Access Time, or sooner if Sublessee elects to cancel, this Agreement is treated as cancelled by Sublessor under Section 6(c).

k. Unavailable Premises. If on the first day of the Term the Premises are occupied by a person not disclosed in the Listing (other than Sublessee), have been leased or promised to another person for an overlapping period, or are otherwise unavailable to Sublessee for a reason within Sublessor’s control (“Unavailable Premises”), this Agreement is treated as cancelled by Sublessor under Section 6(c) as of the first day of the Term, and Sublessor shall reimburse the substitute lodging costs described in subsection (j)(ii).

l. Reporting; Determination; Recovery; Excused Reasons. Sublessee shall report an Access Failure or Unavailable Premises through the Snag App or by email to hi@joinsnag.com within twenty-four (24) hours after the Access Time. Snag shall determine whether an Access Failure or Unavailable Premises occurred through Snag Resolutions on an expedited basis, may provisionally refund Sublessee and withhold or offset Sublessor’s payouts pending that determination, and may direct that amounts determined to be owed by Sublessor under this Section 13 be recovered as provided in Section 3(g), Section 5(k), and Section 6(c). The Sublessor cancellation fee under Section 6(c) also applies where this Agreement is treated as cancelled by Sublessor under this Section 13. If the Access Failure or Unavailable Premises results from an excused reason described in the Fees Policy, no cancellation fee or substitute lodging obligation applies to Sublessor, but Sublessee still receives the refund described in Section 6(c).

14. REPAIRS AND MAINTENANCE

Sublessee shall keep the Premises clean, avoid waste, promptly report damage, and refrain from all acts and omissions that would foreseeably harm structural and major systems, and should Sublessee fail to do so, Sublessee shall be solely and exclusively responsible for all resulting harms, liabilities, and damages, including reasonable attorneys’ fees, and shall fully indemnify Sublessor and Snag from and against same. Sublessee shall not alter the Premises without Sublessor’s prior, express, written consent. Any fixtures, appurtenances, or alterations made by Sublessee with such consent shall be deemed Sublessor’s exclusive property upon installation, but where installed without consent must be removed upon demand by Sublessor at Sublessee’s sole expense to restore the Premises to its prior condition.

15. QUIET ENJOYMENT AND WARRANTY OF HABITABILITY

So long as Sublessee performs obligations hereunder, Sublessee shall peaceably enjoy the Premises without interference. Except in an emergency or with Sublessee’s consent, Sublessor shall give Sublessee at least twenty-four (24) hours’ notice through the Snag App before entering the Premises (or, where Sublessor shares the unit with Sublessee, before entering Sublessee’s private room/space), and Sublessor shall promptly pass along to Sublessee through the Snag App, any notice from the building owner, management, or maintenance that Sublessor reasonably believes is likely to affect Sublessee’s use of the Premises. Sublessor warrants the Premises are, and shall remain, fit for human habitation in accordance with applicable law.

16. UTILITIES AND SERVICES

Excessive utility usage (see Section 8(b)(v)) resulting in charges beyond normal consumption shall constitute Additional Rent as set forth herein, otherwise utilities are included as set forth, and at the price noted, in Sublessor’s Listing. A utility charge stated in the Listing shall recur monthly as Additional Rent only if the Listing expressly states that such charge is monthly or per month; a utility charge whose frequency is not stated in the Listing shall be a one-time charge for the entire Term.

17. TAXES AND GOVERNMENTAL CHARGES

Sublessee agrees to pay to Sublessor and to be solely and exclusively responsible for any lodging, occupancy, or use tax or similar fees, levies, or charges arising out of, in connection with, or pertaining to this Agreement, which Sublessee agrees to pay or reimburse upon demand by Sublessor. Such taxes, fees, or charges shall constitute Additional Rent.

18. SUBORDINATION AND AUTHORITY TO SUBLET

This Agreement is subordinate to any superior lease, condominium/co-op documents, or similar controlling document or agreement binding on Sublessor and/or the Premises. Sublessor represents that it has lawful possession and authority to enter this sublease. If landlord or board consent or similar is required, this Agreement is conditional upon obtaining such consent within the period prescribed by law; failure to obtain consent renders the Agreement voidable.

19. DEFAULT AND REMEDIES

a. Events of Default by Sublessee include:

i. Failure to pay Rent or Additional Rent when due;

ii. Violation of any covenant or law affecting the Premises;

iii. Unauthorized occupants or assignment;

iv. Damage or nuisance; or

v. Misrepresentation of identity or authority.

b. Upon Default by Sublessee, Sublessor may terminate this Agreement, recover possession, retain or apply the Security Deposit, and recover all damages, including reasonable attorneys’ fees, as Additional Rent. For the avoidance of doubt, Snag cannot, and will not, assist with recovery of possession, cannot provide legal, tax, or accounting advice, and is not a legal representative for any Party hereto.

20. HOLDOVER AND SQUATTING DAMAGES

If Sublessee fails to vacate upon expiration or termination, Sublessee shall pay Holdover Rent as defined in Section 2 along with consequential damages, costs of repossession, and reasonable attorney’s fees, collectively as liquidated damages and further agrees that continued occupancy constitutes unlawful possession. The liquidated damages set forth are agreed to be a fair estimate of losses, not a penalty. Sublessor may seek immediate judicial possession and removal at Sublessee’s expense. Nothing in this Section 20 shall limit any right or remedy available to Sublessor, including the right to pursue recovery of additional damages.

21. FIRE, CASUALTY, OR CONDEMNATION

If the Premises are damaged or condemned so as to be uninhabitable, either Party may terminate this Agreement with immediate effect or effective as of the date the Premises first became uninhabitable and remained that way thereafter. In such case, any unused Rent and the Security Deposit shall be returned.

22. LIABILITY AND INDEMNIFICATION

Each Party shall be liable for injury or damage caused by its negligence, recklessness, or willful misconduct and shall indemnify and hold harmless the other Party and Snag from all claims, damages, and expenses (including reasonable attorneys’ fees) arising therefrom. Neither Party nor Snag shall be liable for consequential or punitive damages except as required by law or except as expressly set forth elsewhere herein.

23. INSURANCE

Sublessee shall maintain renter’s insurance covering personal property and liability for the Term. Sublessor shall maintain any insurance required under the master lease. Snag provides no insurance.

24. MILITARY STATUS

If Sublessee enters active military service after signing this Agreement, Sublessee may terminate in accordance with the Servicemembers Civil Relief Act (50 U.S.C. § 3955) by delivering written notice and official orders. Rent shall be prorated to the effective termination date.

25. SNAG DISCLAIMER AND CHARGEBACK WAIVER

Snag facilitates payments only. Snag does not own or manage property or guarantee performance. Each Party agrees to use the billing-error process described in Section 4 and the claims processes described in Snag’s Terms of Use and Dispute Resolution Policy before initiating any payment reversal or chargeback, except in the case of bona fide fraud on that Party’s own account, and agrees that Snag may furnish this Agreement, the applicable Cancellation Policy, and records of acceptance and of the underlying transaction to payment card networks and financial institutions in response to any payment dispute. If a chargeback occurs, the disputing/chargeback-initiating Party shall reimburse Snag and the other Party for all resulting losses and fees. Snag may debit the responsible user’s account or offset future payouts. For the avoidance of doubt, nothing in this section shall serve to limit any other right or remedy available under this Agreement, including the holding over amounts payable under Section 2 hereof.

26. FORCE MAJEURE

Neither Party shall be liable for failure to perform caused by events beyond reasonable control (including, without limitation, acts of God, war, pandemic, governmental order). Performance shall resume promptly once possible and rent abatement shall follow governing law. Should any force majeure event last more than seven (7) consecutive days, either Party hereto may terminate this Agreement thereafter by providing written notice of termination to the other Party specifying the force majeure event and duration in such notice.

27. LEGAL FEES AND COSTS

In any action between the Parties to this Agreement, arising out of, in connection with, or pertaining to this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs, disbursements, and expenses.

28. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the state and locality in which the Premises are situated without regard to conflicts of law principles. All disputes shall be brought in that jurisdiction or, to the extent to which Snag is named as a party, the Parties hereto agree to resolve any such dispute by binding arbitration pursuant to Snag’s Dispute Resolution Policy. The Parties consent to the exclusive jurisdiction of the state and federal courts located in that jurisdiction, unless arbitration is required under Snag’s Dispute Resolution Policy. Each Party waives any objection to venue or jurisdiction on grounds of inconvenient forum.

29. NOTICES

All notices in connection with this Agreement must be in writing and delivered through Snag’s platform, by email, or, where required by law, by certified mail to the addresses furnished by each Party on this Agreement. Electronic delivery is deemed received upon transmission when sent via Snag or to/from the email address specified for each Party on this Agreement.

30. LEGAL CAPACITY AND AGE REQUIREMENT

Each Party represents and warrants that they are of legal age (at least eighteen (18) years old) and has full legal capacity, authority, and mental competence to enter into and perform this Agreement.

31. WAIVER

Failure by either Party to strictly enforce any provision hereof is not, and shall not be deemed, a waiver, shall not be deemed to interfere with future enforcement, and may not be construed as a modification of this Agreement even by continuous course of performance.

32. SEVERABILITY

If any provision of this Agreement, or the application of any provision to any person or circumstance, is held invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to give maximum lawful effect to the original intent of the Parties as set forth in this Agreement, as originally drafted. Without limiting the foregoing:

a. Judicial Modification. Each Party expressly agrees that, if any monetary amount, interest rate, fee, or remedy stated in this Agreement (including, without limitation, Holdover Rent, late fees, liquidated damages, or attorneys’ fees) is determined to be excessive, unreasonable, or unenforceable under applicable law, the court or tribunal shall reduce or modify such amount to the maximum extent permitted by law rather than invalidate the provision entirely.

b. Survival of Intent. The Parties acknowledge that provisions such as Holdover Rent, Additional Rent, and other damage clauses are integral to the risk allocation of this Agreement, and they intend that each remain enforceable to the fullest lawful extent.

c. No Waiver of Remaining Terms. The invalidity or limitation of any one term shall not affect or impair the validity or enforceability of any other term, which shall continue in full force and effect as though the invalid portion had been omitted or conformed.

d. Construction Favoring Enforceability. The Parties agree that this Agreement shall be interpreted and reformed, if necessary, to preserve the Parties’ original intent and to ensure that all provisions are enforceable within the bounds of applicable law.

33. SUCCESSORS AND ASSIGNS

This Agreement binds and benefits the Parties and their lawful successors and assigns. Unauthorized assignment by Sublessee is void.

34. ACKNOWLEDGEMENTS

Each Party hereto acknowledges that:

a. They have carefully read and fully understand this Agreement;

b. They have availed themself of their right to seek independent legal counsel of their choice before executing this Agreement and have either consulted with such counsel or voluntarily elected not to do so;

c. They are entering into this Agreement knowingly, voluntarily, and without duress, coercion, or undue influence; and

d. The terms are fair, reasonable, and represent the Parties’ free act and deed.

35. WAIVER OF JURY TRIAL

To the fullest extent permitted by law, the Parties waive the right to a trial by jury in any action or proceeding arising out of or relating to this Agreement, the Premises, or the tenancy created hereby. This waiver is knowingly and voluntarily made after consultation with counsel (or the opportunity to consult counsel) and is a material inducement to the execution of this Agreement.

36. NO THIRD-PARTY BENEFICIARIES

Except for Snag’s rights noted herein (including indemnities and limitations of liability), this Agreement creates no rights in any third party, and no person other than the Parties may enforce or rely upon its terms.

37. BINDING EFFECT

This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Any attempted transfer or delegation in violation of this Agreement is void.

38. HEADINGS

Section titles and headings are for convenience only and shall not affect the interpretation or construction of this Agreement.

39. INTERPRETATION; TIME OF ESSENCE

Time is of the essence with respect to all obligations under this Agreement. Words of any gender shall include all genders; singular shall include plural; and the term “including” means “including without limitation.”

40. FURTHER ASSURANCES

Each Party shall execute and deliver any further instruments and take such further actions as may be reasonably necessary to carry out the intent and purpose of this Agreement.

41. SURVIVAL

All representations, warranties, indemnities, payment obligations (including Additional Rent), and provisions that by their nature can survive termination or expiration shall survive after the end of the Term or earlier termination.

42. NO WAIVER OF RIGHTS

The failure of either Party to insist upon strict performance or to enforce any right or remedy shall not be deemed a waiver of such right or remedy or of any subsequent default.

43. ENTIRE AGREEMENT; NO ORAL MODIFICATION

This Agreement, including all riders, addenda, and exhibits incorporated by reference, together with the Snag Terms of Use, Privacy Policy, Fees, Payments, and Cancellation Policy, and Dispute Resolution Policy, constitutes the entire agreement between the Parties regarding the Premises and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

44. EXECUTION AND ELECTRONIC SIGNATURES

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Electronic signatures and acceptances executed through the Snag App or by digital means (including “click-to-agree”) are deemed original signatures and create a binding contract under ESIGN, UETA, under the federal Electronic Signatures in Global and National Commerce Act and applicable state law, including, without limitation, New York’s Electronic Signatures and Records Act. Each Party’s electronic acceptance through the Snag App, including Sublessor’s pre-approval of Sublessee’s application or approval of Sublessee’s request to book, and Sublessee’s confirmation of the booking, constitutes that Party’s execution of this Agreement, and Snag shall make an executed copy of this Agreement available to each Party through the Snag App and/or by email following confirmation.

45. RIDERS

Any state-specific or property-specific rider attached hereto (e.g. a New York Rider, California Rider, Co-op Rider, or Short-Term Rental Rider) forms part of this Agreement and shall prevail in case of conflict.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date hereof set forth above.