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1. Parties: Identification and details of all parties to the agreement, including their legal capacity and authority to enter into the agreement
2. Background (Präambel): Context of the dispute or circumstances leading to the settlement, including relevant dates and key events
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Sum: Details of the settlement amount, payment terms, and payment method
5. Release and Waiver: Comprehensive release of claims and waiver of rights, specifically detailing what claims are being settled
6. Tax Treatment: Clarification of tax implications and responsibilities for the settlement payment
7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority to enter into the agreement
8. Acknowledgments: Parties' confirmation of understanding the agreement's terms and having received independent legal advice
9. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts
10. Entire Agreement: Confirmation that this document represents the complete agreement between the parties
11. Execution: Signature blocks and execution requirements
1. Confidentiality: Terms regarding confidentiality of the settlement and its terms, used when parties wish to keep the settlement private
2. Non-Disparagement: Mutual obligations not to make negative statements about other parties, included when reputation protection is important
3. Ongoing Obligations: Any continuing duties or responsibilities of the parties, included when the settlement requires future actions
4. Return of Property: Provisions for returning documents or property, relevant in employment or business relationship settlements
5. Severability: Clause ensuring survival of agreement if certain provisions are found invalid, used in complex settlements
6. Amendment Procedure: Process for making changes to the agreement, included in complex settlements or those with ongoing obligations
7. Costs: Allocation of legal and other costs, included when cost distribution needs to be specified
1. Payment Schedule: Detailed breakdown of payment amounts and dates if payment is to be made in installments
2. List of Released Claims: Comprehensive list of specific claims being settled and released
3. List of Excluded Claims: Specification of any claims explicitly not covered by the settlement
4. Related Agreements: Copies or references to other relevant agreements affected by the settlement
5. Corporate Authorizations: Copies of corporate resolutions or authorizations if parties are corporate entities
Effective Date
Settlement Sum
Settlement Payment
Claim
Dispute
Released Claims
Released Parties
Releasing Parties
Confidential Information
Parties
Related Entities
Business Day
Governing Law
Claims Period
Execution Date
Payment Date
Release
Settlement Period
Subject Matter
Underlying Agreement
Relevant Period
Material Breach
Professional Advisers
Permitted Disclosures
Excluded Claims
Associated Companies
Representatives
Consideration
Force Majeure Events
Recitals
Definitions
Settlement Payment
Release
Waiver
Payment Terms
Tax Provisions
Confidentiality
Non-Disparagement
Representations and Warranties
Acknowledgments
Further Assurance
Severability
Assignment
Notices
Amendment
Counterparts
Costs
Entire Agreement
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Execution
Return of Property
Non-Admission of Liability
Authority to Execute
Survival
Interpretation
Financial Services
Manufacturing
Technology
Professional Services
Healthcare
Real Estate
Construction
Retail
Education
Transportation
Energy
Telecommunications
Legal
Human Resources
Finance
Compliance
Risk Management
Operations
Executive Leadership
Administrative
Corporate Affairs
Business Development
Legal Counsel
General Counsel
Corporate Lawyer
HR Director
HR Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Business Unit Director
Operations Manager
Claims Manager
Settlement Administrator
Mediation Specialist
Contract Manager
Chief Executive Officer
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