Mutual Waiver Of Claims Template for Austria

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Key Requirements PROMPT example:

Mutual Waiver Of Claims

"I need a Mutual Waiver of Claims agreement under Austrian law between my construction company and a subcontractor to resolve disputes arising from project delays and cost overruns, with the waiver to take effect from March 1, 2025."

Document background
The Mutual Waiver Of Claims agreement is a critical legal instrument used in Austrian business and civil contexts when parties wish to formally renounce their rights to pursue claims against each other. This document is particularly valuable following dispute resolutions, project completions, or business relationship terminations where parties seek to achieve a clean break and prevent future litigation. Governed by Austrian law, particularly the ABGB (Austrian Civil Code), the agreement must meet specific legal requirements regarding form, content, and execution. It typically includes detailed descriptions of the claims being waived, any considerations exchanged, and necessary representations to ensure enforceability. The document is commonly used in various scenarios, from construction project completions to business partnership dissolutions, where parties wish to achieve finality in their legal relationships.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the dispute or circumstances leading to the mutual waiver

3. Definitions: Key terms used throughout the agreement, including definition of 'Claims' being waived

4. Scope of Claims: Detailed description of claims covered by the waiver

5. Mutual Waiver: Core provision where parties mutually waive their rights to bring claims against each other

6. Representations and Warranties: Statements by each party regarding their authority to waive claims and understanding of the agreement

7. Release: Mutual release from future obligations related to the waived claims

8. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

9. Severability: Provision ensuring remainder of agreement remains valid if any part is found unenforceable

10. Entire Agreement: Confirmation that this document represents the complete understanding between parties

Optional Sections

1. Consideration: Details of any payment or value exchange (if applicable)

2. Exclusions: Specific claims or rights explicitly excluded from the waiver

3. Confidentiality: Provisions regarding confidentiality of the agreement and underlying disputes

4. Tax Implications: Addressing tax consequences of any payments or settlements

5. Insurance Claims: Provisions regarding insurance claims and rights

6. Future Cooperation: Terms for any ongoing relationship between the parties

7. Third Party Rights: Addressing impact on rights of third parties not party to the agreement

Suggested Schedules

1. Schedule 1 - Detailed List of Waived Claims: Comprehensive list and description of all claims being waived by each party

2. Schedule 2 - Related Agreements: List of any related agreements affected by or referenced in the waiver

3. Schedule 3 - Payment Details: Details of any financial settlements or payments (if applicable)

4. Appendix A - Supporting Documents: Copies of relevant supporting documentation referenced in the agreement

5. Appendix B - Corporate Authorizations: Copies of corporate resolutions or authorizations to enter into the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Manufacturing

Professional Services

Financial Services

Insurance

Real Estate

Technology

Healthcare

Retail

Transportation and Logistics

Energy

Telecommunications

Relevant Teams

Legal

Risk Management

Compliance

Executive Leadership

Finance

Operations

Project Management

Business Development

Claims Administration

Corporate Governance

Relevant Roles

Legal Counsel

Chief Legal Officer

Risk Manager

Contract Manager

Chief Executive Officer

Chief Financial Officer

Project Manager

Business Development Director

Operations Manager

Commercial Director

Compliance Officer

General Counsel

Claims Manager

Settlement Officer

Corporate Secretary

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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