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1. Parties: Identifies and defines all parties to the agreement, including the releasing party and the released party
2. Background: Provides context for the agreement, including any relevant history of the dispute or claims
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Released Matters', and other relevant terms
4. Consideration: States the consideration being provided in exchange for the release
5. Release: Contains the core release language, specifying what claims are being released and the scope of the release
6. Representations and Warranties: Standard representations about understanding of the agreement, authority to enter into it, and advice received
7. Confidentiality: Obligations regarding confidentiality of the agreement and its terms
8. Non-Admission of Liability: Statement that the agreement does not constitute an admission of liability
9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
10. General Provisions: Standard boilerplate provisions including entire agreement, amendments, severability, etc.
1. Non-Disparagement: Used when parties wish to include mutual obligations not to make negative statements about each other
2. Return of Property: Include when there is company property or confidential information to be returned
3. Future Cooperation: Used when ongoing cooperation may be needed for certain matters
4. Tax Indemnity: Include when the settlement payment has tax implications that need to be addressed
5. Surviving Claims: Used when certain claims or rights need to be explicitly preserved
6. Reference Provision: Include in employment-related releases when dealing with future reference requests
7. Reinstatement Waiver: Used in employment contexts to waive rights to reinstatement or re-employment
1. Schedule of Released Claims: Detailed list of specific claims being released
2. Schedule of Excluded Claims: List of claims specifically excluded from the release
3. Schedule of Settlement Payment Terms: Details of any settlement payments, including amount, timing, and method
4. Schedule of Related Entities: List of affiliated entities covered by the release
5. Form of Announcement: If applicable, agreed form of any public or internal announcement regarding the settlement
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