Agreement Not To Sue for Germany

Agreement Not To Sue Template for Germany

An Agreement Not to Sue under German law (Klageverzichtsvereinbarung) is a legally binding document where one party agrees to waive their right to pursue legal action against another party regarding specific claims or disputes. The agreement must comply with German Civil Code (BGB) requirements and procedural law considerations. It typically includes detailed descriptions of the waived claims, any consideration given, temporal limitations, and specific conditions under which the agreement applies. This document is particularly important in commercial dispute resolution and risk management strategies within the German legal framework.

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What is a Agreement Not To Sue?

The Agreement Not to Sue serves as a crucial risk management and dispute resolution tool in the German legal system. It is commonly used when parties wish to prevent potential litigation while maintaining business relationships, following settlement negotiations, or as part of broader commercial arrangements. The document must be carefully drafted to comply with German Civil Code (BGB) requirements, particularly regarding the validity of waiving legal rights and the necessity for clear consideration. This type of agreement is especially relevant in scenarios involving commercial disputes, employment matters, intellectual property rights, or corporate transactions. The document typically specifies the scope of claims being waived, any compensation or consideration, duration of the agreement, and any exceptions to the waiver. Under German law, special attention must be paid to ensuring the agreement is not unconscionable and meets all formal requirements for enforceability.

What sections should be included in a Agreement Not To Sue?

1. Parties: Identification and details of all parties to the agreement, including their legal capacity and authority to enter into the agreement

2. Background: Context of the potential dispute or claim, including relevant facts and circumstances that led to this agreement

3. Definitions: Key terms used throughout the agreement, including specific definition of claims or matters covered

4. Scope of Agreement: Detailed description of what claims or legal actions are being waived, including temporal and subject matter scope

5. Consideration: Description of what each party is giving or receiving in exchange for the agreement not to sue

6. Duration: Time period for which the agreement remains in effect

7. Representations and Warranties: Statements by the parties regarding their capacity, authority, and understanding of the agreement

8. Governing Law: Explicit statement that German law governs the agreement

9. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains in force

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

What sections are optional to include in a Agreement Not To Sue?

1. Confidentiality: Terms regarding confidentiality of the agreement and underlying dispute, used when parties want to maintain privacy

2. Payment Terms: Details of any monetary compensation, including payment schedule and method, used when there is financial consideration

3. Future Cooperation: Terms regarding ongoing relationship between parties, used when parties will continue to interact

4. Dispute Resolution: Procedures for resolving disputes about the agreement itself, used when parties want to specify alternative dispute resolution methods

5. Third Party Rights: Provisions regarding rights of related parties not directly signing the agreement, used when other parties might be affected

6. Insurance and Indemnification: Terms regarding insurance coverage and indemnification obligations, used when relevant to the underlying dispute

7. Compliance with Laws: Specific provisions regarding regulatory compliance, used when the subject matter involves regulated activities

What schedules should be included in a Agreement Not To Sue?

1. Schedule A - Description of Claims: Detailed list and description of all claims or potential claims covered by the agreement

2. Schedule B - Related Parties: List of affiliated entities or individuals also covered by or affected by the agreement

3. Schedule C - Payment Schedule: Detailed payment terms and schedule if monetary consideration is involved

4. Appendix 1 - Supporting Documents: Copies of relevant documents referenced in the agreement

5. Appendix 2 - Power of Attorney: If applicable, documentation proving authority to enter into the agreement

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Manufacturing

Financial Services

Technology

Healthcare

Construction

Real Estate

Professional Services

Retail

Energy

Transportation

Media and Entertainment

Education

Telecommunications

Insurance

Pharmaceutical

Relevant Teams

Legal

Compliance

Risk Management

Executive Leadership

Human Resources

Corporate Affairs

Business Development

Operations

Finance

Commercial Operations

Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Business Development Director

Human Resources Director

Corporate Secretary

Commercial Director

Operations Manager

Contract Manager

Litigation Manager

Legal Operations Director

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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