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Compromise And Settlement Agreement
"I need a Compromise and Settlement Agreement under Hong Kong law to resolve a commercial dispute between my technology company and a former supplier, including confidentiality provisions and a structured payment plan spread across three installments ending March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Recitals explaining the dispute or claims being settled and the parties' desire to resolve them
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Settlement Sum: Details of the settlement amount, payment terms, and payment mechanism
5. Settlement Terms: Core settlement obligations and any conditions precedent
6. Release and Waiver: Mutual releases of claims and waiver of rights related to the dispute
7. Warranties and Representations: Basic warranties about authority to enter agreement and understanding of terms
8. Confidentiality: Obligations to keep the settlement and its terms confidential
9. Tax and Costs: Responsibility for taxes and legal costs
10. General Provisions: Standard boilerplate clauses including entire agreement, severability, and governing law
1. Non-Disparagement: Used when parties wish to prevent negative statements about each other
2. Continuing Obligations: Include when certain obligations survive settlement (e.g., ongoing confidentiality duties)
3. Return of Property: Required when physical or intellectual property needs to be returned
4. Employment-Related Provisions: Used when settling employment disputes, including reference provisions
5. Resignation and Position Termination: Include when settlement involves departure from employment or board positions
6. Third Party Rights: Include when settlement affects rights of third parties under Contracts (Rights of Third Parties) Ordinance
7. Non-Admission of Liability: Optional clause stating settlement is not admission of liability
8. Future Cooperation: Used when parties need to cooperate on ongoing matters post-settlement
1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement sum and payment schedule
2. Schedule 2 - Form of Release: Formal release document if required separately
3. Schedule 3 - List of Related Proceedings: List of all legal proceedings being settled
4. Schedule 4 - Form of Announcement: Agreed form of any public announcement regarding settlement
5. Schedule 5 - Specific Claims Being Settled: Detailed list of all claims and disputes covered by settlement
6. Schedule 6 - Form of Resignation Letter: Template resignation letter if settlement involves resignation
7. Schedule 7 - Deed of Indemnity: Form of indemnity if part of settlement terms
Authors
Business Day
Claims
Completion
Confidential Information
Dispute
Effective Date
Group
Group Companies
Hong Kong
Legal Proceedings
Losses
Parent Company
Parties
Payment Date
Related Persons
Release
Released Claims
Released Parties
Settlement Sum
Settlement Payment
Subsidiary
Tax
Working Hours
Affiliates
Associated Company
Board
Claim Notice
Completion Date
Conditions Precedent
Costs
Court
Encumbrance
Event of Default
Government Authority
Intellectual Property Rights
Liability
Material Adverse Effect
Proceedings
Related Documents
Representatives
Security Interest
Settling Parties
Surviving Provisions
Third Party Rights
Transaction Documents
Warranties
Definitions
Settlement Payment
Payment Terms
Conditions Precedent
Release of Claims
Mutual Releases
Warranties
Representations
Confidentiality
Non-Disclosure
Non-Disparagement
Tax Provisions
Costs
Further Assurance
Entire Agreement
Severability
Variation
Assignment
Notices
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Third Party Rights
Waiver
Amendment
Counterparts
Non-Admission of Liability
Return of Property
Continuing Obligations
Indemnification
Time of Essence
Legal Advice
Authority to Execute
Binding Effect
Financial Services
Banking
Insurance
Real Estate
Construction
Manufacturing
Technology
Retail
Healthcare
Professional Services
Education
Telecommunications
Transportation
Energy
Mining
Legal
Compliance
Human Resources
Finance
Risk Management
Corporate Secretarial
Executive Management
Board of Directors
Dispute Resolution
Corporate Affairs
Treasury
Internal Audit
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Director
Compliance Officer
Human Resources Director
Chief Financial Officer
Risk Manager
Company Secretary
Managing Director
Board Director
Senior Legal Counsel
Litigation Manager
Settlement Officer
Claims Manager
Corporate Counsel
Employment Lawyer
Dispute Resolution Specialist
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