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Mutual Release Of Claims
"Need a Mutual Release of Claims agreement under Hong Kong law for a settlement between my technology company and a former supplier regarding disputed software development services, with specific provisions for the return of source code and confidential information by March 2025."
1. Parties: Identifies all parties to the agreement, including their full legal names, addresses, and any relevant registration numbers
2. Background: Sets out the context of the dispute or circumstances leading to the release, including relevant dates and events
3. Definitions: Defines key terms used in the agreement, particularly the scope of 'Claims' being released
4. Mutual Release: The core provision where each party releases the other from claims, specifically describing the scope of claims being released
5. Consideration: States the consideration being provided by each party to make the release legally binding
6. Representations and Warranties: Each party's confirmations about their authority to enter into the agreement and that they have not already assigned any claims
7. Confidentiality: Obligations to keep the terms of the release and related matters confidential
8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
9. Execution: Formal execution block meeting Hong Kong legal requirements
1. Non-Admission of Liability: Optional clause stating that the release does not constitute an admission of liability by either party. Include when specifically requested by parties or in disputed matters
2. Return of Property: Include when there is physical or intellectual property that needs to be returned as part of the settlement
3. Non-Disparagement: Include when parties wish to prevent negative statements about each other after the release
4. Cooperation: Include when parties need to cooperate on specific matters after the release, such as public announcements
5. Tax Matters: Include when the release involves payments that may have tax implications
6. Insurance: Include when insurance policies or claims are relevant to the release
7. Future Claims: Optional provisions dealing with claims that may arise in the future. Include when parties want to address potential future claims
1. Schedule 1 - Specific Claims Being Released: Detailed list of specific claims, disputes, or matters being released, if any specific claims need to be enumerated
2. Schedule 2 - Excluded Claims: List of any specific claims or rights that are explicitly not being released
3. Schedule 3 - Related Entities: List of affiliated entities, subsidiaries, or other related parties covered by the release
4. Appendix A - Supporting Documents: Copies of any relevant documents referenced in the release or necessary for context
Authors
Claims
Effective Date
Released Claims
Released Parties
Releasing Parties
Affiliate
Associated Person
Business Day
Confidential Information
Dispute
Encumbrance
Group
Hong Kong
Liability
Loss
Material Adverse Effect
Party/Parties
Related Person
Representatives
Subsidiary
Third Party Rights
Unknown Claims
Working Hours
Definitions
Release of Claims
Mutual Releases
Consideration
No Admission of Liability
Confidentiality
Non-Disparagement
Representations and Warranties
Further Assurance
Return of Property
Cooperation
Unknown Claims
Tax Matters
Insurance
Third Party Rights
Severability
Entire Agreement
Amendment
Assignment
Notices
Costs
Waiver
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Financial Services
Real Estate
Manufacturing
Technology
Professional Services
Construction
Retail
Healthcare
Education
Transportation
Energy
Telecommunications
Legal
Compliance
Human Resources
Risk Management
Executive Leadership
Finance
Operations
Corporate Secretariat
Business Development
Procurement
Legal Counsel
Chief Legal Officer
Compliance Officer
Risk Manager
Human Resources Director
Chief Executive Officer
Chief Financial Officer
Commercial Director
Contract Manager
Corporate Secretary
Business Development Manager
Operations Manager
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