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Confidential Settlement Agreement And Release
"I need a Confidential Settlement Agreement and Release under New Zealand law to resolve an employment dispute with a former senior executive, including a settlement payment of NZD 250,000, strong non-disparagement clauses, and agreed reference letter provisions, with completion targeted for March 2025."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context of the dispute or circumstances leading to the settlement
3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation rules
4. Settlement Terms: Details the core settlement provisions including payment amounts, timing, and any other actions required
5. Confidentiality Obligations: Comprehensive confidentiality provisions including scope, duration, and permitted disclosures
6. Release and Discharge: Mutual releases and waivers of claims between the parties
7. Tax Treatment: Addresses the tax implications of the settlement payment and allocates tax responsibilities
8. Non-Disparagement: Mutual obligations not to make negative statements about other parties
9. Enforcement: Provisions regarding breach of agreement and enforcement mechanisms
10. General Provisions: Standard boilerplate clauses including entire agreement, severability, governing law, and execution
1. Ongoing Obligations: Used when parties have continuing obligations post-settlement
2. Return of Property: Required when physical or intellectual property needs to be returned or transferred
3. Non-Competition/Non-Solicitation: Include when restricting future business activities is part of the settlement
4. Regulatory Compliance: Required when settlement must comply with specific regulatory requirements
5. Third Party Rights: Needed when settlement affects rights of parties not signing the agreement
6. Employment-Related Provisions: Include for settlements of employment disputes, addressing references and future employment
7. Intellectual Property Rights: Used when IP ownership or licenses need to be addressed
8. Insurance and Indemnification: Include when dealing with insurance claims or ongoing indemnification obligations
1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement amounts, payment schedule, and payment methods
2. Schedule 2 - Form of Release: Formal release document to be executed by parties
3. Schedule 3 - Agreed Public Statement: Pre-approved statement for public communications about the settlement
4. Schedule 4 - Deed of Undertaking: Additional undertakings required from specific parties
5. Schedule 5 - List of Excluded Claims: Details any claims specifically excluded from the settlement
6. Appendix A - Related Entities: List of affiliated entities covered by the settlement
7. Appendix B - Confidential Information: Detailed description of what constitutes confidential information
Authors
Affiliate
Background
Business Day
Claim
Commencement Date
Confidential Information
Dispute
Effective Date
Excluded Claims
GST
Law
Losses
Material Breach
Parties
Payment Date
Permitted Disclosure
Related Entity
Release
Released Claims
Released Parties
Representative
Settlement Amount
Settlement Payment
Settlement Terms
Settling Parties
Subject Matter
Tax
Term
Third Party
Working Day
Definitions
Confidentiality
Release
Settlement Payment
Tax
Non-Disparagement
Warranties
Further Assurance
Assignment
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Notices
Costs
Execution
Counterparts
Authority
Binding Effect
No Admission
Waiver
Return of Property
Enforcement
Indemnification
Third Party Rights
Survival
Force Majeure
Dispute Resolution
Legal Services
Financial Services
Healthcare
Technology
Manufacturing
Professional Services
Education
Construction
Retail
Insurance
Real Estate
Mining and Resources
Transport and Logistics
Media and Entertainment
Legal
Human Resources
Executive Leadership
Finance
Risk and Compliance
Corporate Governance
Operations
Administration
Internal Audit
Corporate Communications
Legal Counsel
General Counsel
Chief Legal Officer
Human Resources Director
HR Manager
Chief Executive Officer
Chief Financial Officer
Risk Manager
Compliance Officer
Corporate Secretary
Managing Director
Settlement Administrator
Litigation Manager
Employment Relations Manager
Business Unit Manager
Operations Director
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