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Waiver Agreement
"I need a Swiss law Waiver Agreement for an employee leaving our tech company, who will receive a severance package in exchange for waiving all claims related to their employment, including IP rights and potential disputes, effective March 1, 2025."
1. Parties: Identification of all parties involved in the waiver agreement, including full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the waiver, including the relationship between parties and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used throughout the agreement, particularly defining the rights or claims being waived
4. Scope of Waiver: Detailed description of exactly which rights, claims, or actions are being waived, with specific temporal and substantive boundaries
5. Consideration: Description of what is being given in exchange for the waiver (if applicable), as consideration is important for validity under Swiss law
6. Representations and Warranties: Statements by the waiving party confirming their understanding of the waiver and capacity to enter into it
7. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains enforceable
8. Governing Law and Jurisdiction: Explicit statement of Swiss law as governing law and designation of competent courts
9. Entire Agreement: Confirmation that the document represents the complete agreement regarding the waived rights
10. Execution: Signature blocks and execution requirements under Swiss law
1. Retained Rights: Section explicitly stating which rights are not being waived - used when there's a need to preserve specific rights within a broader waiver
2. Confidentiality: Include when the waiver relates to matters that should remain confidential or when the existence of the waiver itself should be kept private
3. Revocation Period: Used when applicable law or circumstances require a cooling-off period during which the waiver can be revoked
4. Third Party Rights: Include when the waiver affects rights of third parties or when third parties need to be explicitly excluded from benefiting from the waiver
5. Insurance and Indemnification: Relevant when the waiver relates to insurance claims or requires ongoing indemnification arrangements
6. Compliance with Laws: Include when the waiver touches upon regulated areas or requires specific compliance acknowledgments
7. Translation Clause: Required when the waiver is executed in multiple languages to establish which version prevails
1. Schedule of Waived Claims: Detailed list of specific claims, rights, or actions being waived, particularly useful for complex waivers
2. Related Agreements: Copies or summaries of agreements referenced in the waiver that are relevant to understanding its scope
3. Corporate Authorizations: If any party is a legal entity, documentation proving authority to execute the waiver
4. Proof of Independent Legal Advice: Documentation confirming that parties received independent legal advice before signing, if required
5. Form of Notice: Template for any notices required under the waiver agreement
Authors
Waiving Party
Receiving Party
Effective Date
Claims
Waived Rights
Retained Rights
Consideration
Parties
Related Entities
Affiliates
Confidential Information
Governing Law
Jurisdiction
Business Day
Force Majeure
Material Adverse Effect
Notice
Representatives
Signing Date
Subject Matter
Term
Third Party
Working Day
Recitals
Definitions
Scope of Waiver
Consideration
Representations and Warranties
Release of Claims
Retained Rights
Confidentiality
Non-Disparagement
Cooperation
Return of Property
Data Protection
Severability
Amendments
Assignment
Notices
Force Majeure
Third Party Rights
Entire Agreement
Good Faith
Costs
Language
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Financial Services
Insurance
Manufacturing
Technology
Healthcare
Real Estate
Construction
Professional Services
Retail
Energy
Telecommunications
Education
Transportation
Entertainment
Sports
Legal
Human Resources
Compliance
Risk Management
Corporate Affairs
Operations
Business Development
Employee Relations
Claims
Dispute Resolution
Legal Counsel
Corporate Lawyer
HR Director
Risk Manager
Compliance Officer
Contract Manager
General Counsel
Chief Legal Officer
HR Business Partner
Employment Lawyer
Company Secretary
Legal Operations Manager
Claims Manager
Settlement Officer
Business Development Director
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