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Full Release Of All Claims With Indemnity

Full Release Of All Claims With Indemnity Template for Philippines

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Key Requirements PROMPT example:

Full Release Of All Claims With Indemnity

"I need a Full Release of All Claims With Indemnity agreement under Philippine law for settling an employment dispute with a former senior executive, including confidentiality and non-disparagement provisions, with the settlement to be completed by March 2025."

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Document background
The Full Release Of All Claims With Indemnity agreement is a crucial legal instrument used in the Philippines when parties seek to achieve a complete and final resolution of all existing and potential claims between them. This document is particularly valuable in situations involving complex disputes, employment terminations, business relationship conclusions, or settlement of multiple claims. It combines two powerful legal concepts: a comprehensive release that bars future claims and an indemnification provision that provides additional protection against third-party claims or violations of the release terms. The agreement must comply with Philippine Civil Code requirements regarding releases, waivers, and indemnification provisions, making it essential to have proper legal oversight in its preparation and execution. It's commonly used in corporate settlements, employment separations, and commercial dispute resolutions where parties seek a clean break while managing potential future legal risks.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including the releasing party and the released party

2. Background: Provides context for the agreement, including relevant history of the relationship between the parties and any disputes or claims that led to this release

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Released Parties', 'Effective Date', etc.

4. Consideration: Details the consideration being provided in exchange for the release

5. Release of Claims: Comprehensive description of all claims being released, including known and unknown claims

6. Indemnification: Sets forth the indemnification obligations of the releasing party

7. No Admission of Liability: Statement that the agreement does not constitute an admission of liability by any party

8. Confidentiality: Terms regarding the confidentiality of the agreement and its terms

9. Representations and Warranties: Statements of fact and promises made by the parties

10. Governing Law: Specifies Philippine law as governing law and jurisdiction

11. Entire Agreement: Merger clause stating this is the complete agreement between the parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Disparagement: Prohibits parties from making negative statements about each other; typically included when reputational concerns exist

2. Return of Property: Required when there is company property or confidential information to be returned

3. Future Cooperation: Used when ongoing cooperation between parties may be needed for certain matters

4. Tax Implications: Added when the settlement amount is significant and tax considerations need to be addressed

5. Revival Clause: Specifies conditions under which the release might be voided or claims revived

6. Severability: Added when there's concern about the enforceability of certain provisions

7. Assignment: Include when transfer of rights needs to be addressed

8. Attorneys' Fees: Added when there's a need to address payment of legal fees and enforcement costs

Suggested Schedules

1. Schedule A - Released Claims: Detailed list of all specific claims being released

2. Schedule B - Released Parties: Comprehensive list of all parties being released, including affiliated entities and individuals

3. Schedule C - Settlement Payment Details: Details of any settlement payments, including payment schedule if applicable

4. Appendix 1 - Related Agreements: List of any related agreements that are affected by or referenced in the release

5. Appendix 2 - Required Notices: Copies of any required notices or formal communications related to the release

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Manufacturing

Real Estate

Construction

Healthcare

Technology

Retail

Professional Services

Transportation

Energy

Mining

Telecommunications

Education

Hospitality

Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Finance

Executive Leadership

Corporate Affairs

Insurance

Operations

Administration

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Corporate Secretary

Human Resources Director

HR Manager

Risk Manager

Compliance Officer

Chief Financial Officer

Settlement Officer

Claims Manager

Corporate Counsel

Employment Lawyer

Litigation Manager

Business Unit Director

Chief Executive Officer

Chief Operating Officer

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and civil relationships in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and provisions on waivers and releases.
New Civil Code Article 1234: Governs the extinguishment of obligations, including release and waiver of claims
New Civil Code Article 2028-2036: Provisions specifically dealing with compromises and settlements between parties
New Civil Code Article 1311: Relates to the binding effect of contracts and their scope, important for release and indemnity provisions
Prescription Period Rules (Civil Code Articles 1139-1155): Governs the time limitations for filing different types of claims, which is crucial for understanding the scope of the release
Labor Code of the Philippines: If the release involves employment-related claims, provisions regarding quitclaims and waivers of labor rights must be considered
Civil Code Articles 2047-2054: Governs indemnity agreements and suretyship, relevant for the indemnification provisions
Rules of Court, Rule 130, Section 9: Deals with the parol evidence rule, which affects how the release agreement will be interpreted
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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