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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Outlines the dispute or circumstances leading to the settlement, including key dates and events
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation principles
4. Settlement Sum: Specifies the settlement amount, payment terms, method, and timing
5. Release and Discharge: Details the mutual releases and discharges from claims
6. Bar to Future Actions: Prevents parties from bringing future claims covered by the settlement
7. Confidentiality Obligations: Sets out the confidentiality requirements, including scope and duration
8. Non-Disparagement: Prohibits parties from making negative statements about each other
9. Warranties and Representations: Contains warranties about authority to settle and other key representations
10. Tax and Costs: Addresses tax implications and responsibility for legal costs
11. General Provisions: Includes standard boilerplate clauses like notices, governing law, and entire agreement
12. Execution: Contains execution blocks and attestation requirements
1. Acknowledgment of Independent Legal Advice: Required when there is significant power imbalance between parties or complex legal issues
2. Deed Structure: Used when consideration is not present or additional enforcement certainty is required
3. Non-Admission of Liability: Important when defendant wants to explicitly deny liability while settling
4. Return of Property/Documents: Include when settlement involves return of physical or digital assets
5. Employment-Related Provisions: Required for employment-related settlements, including restraints and references
6. Future Cooperation: Used when ongoing cooperation between parties is needed post-settlement
7. Insurance and Indemnity: Include when settlement involves insurance claims or ongoing indemnities
8. Variation of Existing Agreements: Required when settlement modifies existing contractual relationships
9. Third Party Rights: Include when settlement affects rights of third parties or requires their consent
10. Publicity and Announcements: Important for high-profile settlements requiring coordinated public statements
1. Settlement Payment Details: Details of bank accounts, payment instalments, and timing
2. Claims Being Released: Comprehensive list of specific claims covered by the release
3. Agreed Public Statement: Approved form of words for any public communications about the settlement
4. Related Entities: List of related parties covered by the release and confidentiality provisions
5. Required Deed of Release from Related Parties: Form of deed to be signed by related parties
6. Existing Agreements: List of agreements affected by or referenced in the settlement
7. Confidentiality Exceptions: Detailed list of permitted disclosures and circumstances
Business Day
Claims
Completion Date
Confidential Information
Dispute
Effective Date
Excluded Claims
Group
GST
Insurer
Legal Costs
Losses
Material Breach
Payment Date
Permitted Disclosure
Personnel
Proceedings
Related Bodies Corporate
Related Entities
Release
Released Claims
Released Parties
Representatives
Settlement Sum
Settlement Terms
Settled Matters
Tax
Third Party Claim
Warranties
Definitions
Settlement Payment
Release and Discharge
Confidentiality
Non-Disparagement
Tax
Legal Costs
Bar to Proceedings
Warranties
Indemnification
Non-Admission of Liability
Return of Property
Independent Legal Advice
Further Assurance
Severability
Assignment
Entire Agreement
Governing Law
Jurisdiction
Notices
Counterparts
Amendment
Waiver
Third Party Rights
Announcement
Force Majeure
Acknowledgment
Financial Services
Healthcare
Manufacturing
Construction
Professional Services
Technology
Retail
Mining and Resources
Education
Real Estate
Transport and Logistics
Agriculture
Media and Entertainment
Telecommunications
Energy
Legal
Human Resources
Finance
Compliance
Risk Management
Executive Leadership
Corporate Affairs
Operations
Commercial
Company Secretariat
Chief Executive Officer
General Counsel
Legal Counsel
Chief Financial Officer
Human Resources Director
Risk Manager
Compliance Officer
Commercial Director
Company Secretary
Operations Manager
Business Unit Manager
Claims Manager
Settlement Officer
Dispute Resolution Manager
Legal Operations Manager
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