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1. Parties: Identification of all parties to the settlement, including their legal status and contact details
2. Background: Description of the dispute, proceedings to date, and context of the settlement
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Settlement Terms: Core settlement provisions including payment terms, amounts, and timing
5. Release of Claims: Detailed scope of claims being released, including present and future claims
6. Dismissal Provisions: Terms and procedures for dismissing the legal proceedings
1. Confidentiality: Non-disclosure provisions to keep settlement terms private, including exceptions and duration
2. Non-Disparagement: Mutual agreements not to speak negatively about other parties, including scope and exceptions
3. Tax Treatment: Specific provisions about tax handling and allocation of settlement amounts
4. Medicare Compliance: Provisions ensuring compliance with Medicare Secondary Payer Act requirements
5. Enforcement: Provisions regarding breach of settlement terms and enforcement mechanisms
1. Payment Schedule: Detailed schedule of payment arrangements if not lump sum
2. Release Form: Form of release document to be executed by parties
3. Dismissal Documents: Court filing documents for dismissal of the case
4. Medicare Set-Aside Agreement: Documentation for Medicare compliance if medical expenses are involved
5. Confidentiality Agreement: Detailed non-disclosure agreement if required separately
Effective Date
Parties
Claim
Dispute
Settlement Amount
Settlement Payment
Released Claims
Released Parties
Releasing Parties
Court
Action
Proceedings
Confidential Information
Dismissal
Execution Date
Payment Date
Governing Law
Material Breach
Related Entities
Representatives
Affiliate
Business Day
Notice
Subject Matter
Underlying Action
Settlement Terms
Consideration
Medicare Beneficiary
Protected Health Information
Intellectual Property Rights
Products
Services
Territory
Class Members
Payment Terms
Release of Claims
Confidentiality
Non-Disparagement
Dismissal of Proceedings
Representations and Warranties
No Admission of Liability
Tax Treatment
Entire Agreement
Amendment and Modification
Governing Law
Jurisdiction
Notices
Severability
Assignment
Counterparts
Authority to Execute
Medicare Compliance
Non-Disclosure
Indemnification
Insurance
Return of Documents
Future Cooperation
Non-Publicity
Enforcement
Alternative Dispute Resolution
Class Action Waiver
COBRA Rights
Document Retention
Medicare Set-Aside
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