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Release And Settlement Of Claim
"I need a Release and Settlement of Claim agreement for a commercial dispute between my manufacturing company and a supplier in Penang, Malaysia, with a settlement sum of RM 500,000 to be paid in installments by March 2025."
1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Recitals explaining the context of the dispute and the parties' intention to settle
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Sum: Specifies the agreed settlement amount and payment terms
5. Release: Details the scope of claims being released and waived
6. Full and Final Settlement: Confirms that this settlement represents a complete resolution of all claims
7. Non-Admission of Liability: States that the settlement does not constitute an admission of liability by any party
8. Representations and Warranties: Parties' confirmations regarding their authority and understanding of the agreement
9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and determines jurisdiction for disputes
10. Execution: Formal signing requirements and execution provisions
1. Confidentiality: Terms requiring parties to keep the settlement and its terms confidential - used when privacy is important
2. Tax Implications: Addresses responsibility for taxes arising from the settlement payment - used when tax liability needs clarification
3. Insurance: Provisions relating to insurance coverage and insurers - used when insurance companies are involved in the settlement
4. Future Cooperation: Obligations for parties to cooperate in implementing the settlement - used in complex settlements requiring ongoing actions
5. Return of Property/Documents: Requirements for returning any relevant property or documents - used when physical items or documents need to be exchanged
6. Non-Disparagement: Prohibits parties from making negative statements about each other - used in sensitive or public cases
7. Severability: Provides for survival of agreement if certain provisions are found invalid - used in complex agreements
1. Schedule 1 - Claim Details: Detailed description of the original claim or dispute being settled
2. Schedule 2 - Payment Schedule: Detailed payment terms and installment schedule if applicable
3. Schedule 3 - Related Proceedings: List of any legal proceedings to be discontinued as part of the settlement
4. Schedule 4 - Released Parties: Comprehensive list of all parties receiving releases under the agreement
5. Appendix A - Supporting Documents: Copies of relevant documents referenced in the settlement
6. Appendix B - Form of Notice of Discontinuance: Template for formally discontinuing any legal proceedings
Authors
Consideration
Release
Settlement Payment
Payment Terms
Full and Final Settlement
Non-Admission of Liability
Confidentiality
Non-Disparagement
Warranties and Representations
Further Assurance
Costs
Tax
Assignment
Severability
Entire Agreement
Variation
Notices
Force Majeure
Waiver
Third Party Rights
Governing Law
Jurisdiction
Execution
Financial Services
Insurance
Construction
Manufacturing
Real Estate
Healthcare
Retail
Professional Services
Technology
Transportation and Logistics
Energy and Utilities
Telecommunications
Legal
Compliance
Risk Management
Corporate Affairs
Human Resources
Finance
Insurance
Operations
Corporate Secretariat
Dispute Resolution
Legal Counsel
Risk Manager
Compliance Officer
Chief Legal Officer
Claims Manager
Settlement Officer
Corporate Secretary
General Counsel
Litigation Manager
Business Development Manager
Contract Administrator
Human Resources Director
Chief Financial Officer
Insurance Claims Specialist
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