The General Release and Waiver is a crucial legal instrument in Irish business and personal affairs, designed to provide finality and closure in various situations where parties seek to resolve disputes or potential claims. This document is commonly used in employment separations, settlement of disputes, personal injury resolutions, or business transaction closures. It requires careful drafting to ensure compliance with Irish law, including consideration of the Statute of Limitations Act, Civil Law (Miscellaneous Provisions) Act, and relevant common law principles. The document typically includes specific details about the claims being released, the consideration provided, and any exceptions to the release. It's essential to ensure that the waiver is voluntary, supported by adequate consideration, and that all parties understand their rights and obligations under Irish law.
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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 release, including any relevant history, disputes, or circumstances leading to the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Released Parties', and other relevant terms
4. Consideration: Specifies the consideration being provided in exchange for the release
5. Release and Waiver: Core section detailing the scope of claims being released and waived
6. Representations and Warranties: Statements by the releasing party regarding their authority, understanding, and capacity to enter into the agreement
7. No Admission of Liability: Statement that the agreement does not constitute an admission of liability by any party
8. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes
9. Entire Agreement: Confirms that the document represents the complete agreement between the parties
10. Severability: Provides that if any provision is found invalid, the remainder of the agreement remains in effect
11. Execution: Details how the agreement will be executed and when it becomes effective
1. Confidentiality: Include when the release involves confidential information or requires ongoing confidentiality obligations
2. Return of Property: Include when physical or intellectual property needs to be returned as part of the release
3. Non-Disparagement: Include when parties wish to prevent negative statements about each other
4. Future Cooperation: Include when ongoing cooperation between parties is required for certain matters
5. Tax Implications: Include when the release involves significant monetary consideration or tax-sensitive matters
6. Claims Excluded: Include when specific claims are to be excluded from the scope of the release
7. Revival of Claims: Include when specifying circumstances under which released claims might be revived
8. Independent Legal Advice: Include when documenting that parties had the opportunity to seek independent legal advice
1. Schedule of Released Claims: Detailed list of specific claims, disputes, or matters being released
2. Schedule of Released Parties: Comprehensive list of all parties benefiting from the release, including affiliated entities
3. Schedule of Consideration: Detailed breakdown of any monetary or non-monetary consideration being provided
4. Schedule of Excluded Claims: List of specific claims explicitly excluded from the release
5. Schedule of Required Actions: List of specific actions that must be taken by either party as part of the release
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