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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details if applicable
2. Background: Context of the dispute or circumstances leading to the mutual release, including reference to any existing agreements or claims
3. Definitions: Key terms used throughout the agreement, including 'Claims', 'Effective Date', and any specific terms relevant to the releases
4. Mutual Release: Core provisions detailing the mutual releases, including scope of claims being released and effective date of releases
5. Representations and Warranties: Statements by each party regarding their authority to enter into the agreement and ownership of claims being released
6. No Admission of Liability: Statement that the agreement and releases do not constitute admission of liability by any party
7. Consideration: Description of the consideration being exchanged for the mutual releases
8. Future Conduct: Obligations regarding future actions, including non-pursuit of released claims
9. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts
10. Entire Agreement: Integration clause confirming this document represents the entire agreement regarding the releases
11. Execution: Signature blocks and execution requirements
1. Confidentiality: Provisions regarding confidentiality of the agreement and its terms, used when parties wish to keep the settlement private
2. Tax Matters: Provisions addressing tax implications of any payments or releases, included when there are significant tax considerations
3. Related Entities: Extension of releases to affiliated entities, subsidiaries, or related persons, used when releases should cover broader corporate groups
4. Surviving Obligations: Identification of any obligations that survive the releases, included when certain obligations should continue
5. Non-Disparagement: Mutual obligations not to make negative statements about other parties, included in sensitive or public-facing disputes
6. Return of Property: Provisions regarding return or destruction of documents or property, used when relevant to the dispute
7. Costs: Allocation of costs and expenses related to the agreement and dispute, included when cost allocation is relevant
8. Severability: Provisions addressing the survival of remaining terms if any provision is found invalid, included for additional legal certainty
1. Schedule of Released Claims: Detailed list of specific claims being released by each party
2. Schedule of Excluded Claims: List of any claims specifically excluded from the releases
3. Schedule of Related Proceedings: List of any legal proceedings to be discontinued as part of the release
4. Schedule of Payments: Details of any payments to be made as part of the settlement, if applicable
5. Power of Attorney: If signatories are acting under power of attorney, copies of relevant authorizations
Affiliate
Business Day
Claims
Confidential Information
Dispute
Effective Date
Excluded Claims
Group
Losses
Original Agreement
Parties
Related Entity
Released Claims
Released Matters
Released Parties
Representatives
Settlement Sum
Subsidiary
Third Party Rights
Vergleich (Settlement)
Working Hours
Mutual Release
Consideration
Representations and Warranties
No Admission of Liability
Confidentiality
Non-Disparagement
Future Conduct
Release Exceptions
Tax Matters
Costs
Further Assurance
Entire Agreement
Severability
Assignment
Notices
Third Party Rights
Amendment
Waiver
Force Majeure
Governing Law
Jurisdiction
Execution
Manufacturing
Technology
Financial Services
Professional Services
Healthcare
Real Estate
Construction
Retail
Energy
Telecommunications
Transportation
Education
Insurance
Media and Entertainment
Pharmaceuticals
Legal
Human Resources
Executive Leadership
Finance
Compliance
Risk Management
Operations
Corporate Governance
Business Development
Project Management
Chief Executive Officer
Managing Director
General Counsel
Legal Director
Chief Financial Officer
Human Resources Director
Compliance Officer
Risk Manager
Business Development Director
Operations Manager
Contract Manager
Corporate Secretary
Partnership Manager
Project Manager
Department Head
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