The Global Resolution Agreement is utilized when parties seek to achieve a complete and final settlement of multiple disputes or potential disputes in a single comprehensive document. This type of agreement is particularly relevant in complex commercial relationships where parties wish to draw a line under all existing issues and start afresh. Under South African law, these agreements must comply with specific legal requirements including the Law of Contract Amendment Act, International Arbitration Act, and various regulatory frameworks. The document typically includes detailed settlement terms, releases, warranties, and implementation mechanisms, while addressing cross-border considerations, exchange control requirements, and competition law implications. It's particularly useful in scenarios involving multiple jurisdictions, complex corporate structures, or long-standing business relationships where multiple issues need resolution.
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1. Parties: Identification of all parties to the agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the disputes or matters being resolved, including history of the relationship and current status
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Settlement Terms: Core settlement provisions including payment terms, actions required, and timelines
5. Release and Discharge: Mutual releases and discharge of claims between the parties
6. Warranties and Representations: Warranties by each party regarding authority, capacity, and accuracy of information
7. Confidentiality: Obligations regarding confidentiality of the settlement and its terms
8. Tax Implications: Treatment of tax consequences and responsibilities
9. Governing Law and Jurisdiction: Confirmation of South African law as governing law and jurisdiction provisions
10. General Provisions: Standard boilerplate clauses including entire agreement, variation, and severability
11. Execution: Signature blocks and execution requirements
1. Non-Disparagement: Mutual obligations not to make negative statements about other parties - used in high-profile or contentious settlements
2. Continuing Obligations: Any ongoing obligations that survive settlement - used when parties have continuing business relationships
3. Implementation Steps: Detailed implementation procedure - used for complex settlements requiring multiple steps
4. Dispute Resolution: Specific dispute resolution mechanisms for future disputes - used when ongoing relationship exists
5. Press Releases: Provisions regarding public announcements - used for settlements involving public companies or high-profile matters
6. Competition Law Compliance: Specific provisions ensuring competition law compliance - used when settlement affects market conduct
7. Exchange Control: Provisions regarding exchange control approval - used for cross-border settlements involving currency exchange
1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement amounts, payment terms, and banking details
2. Schedule 2 - Released Claims: Comprehensive list of all claims being settled and released
3. Schedule 3 - Implementation Timeline: Detailed timeline for implementation of settlement terms
4. Schedule 4 - Related Entities: List of all related entities covered by the settlement
5. Appendix A - Form of Release: Standard form release document to be executed by parties
6. Appendix B - Required Regulatory Approvals: List of required regulatory approvals and status
7. Appendix C - Related Agreements: List of other agreements affected by or related to the settlement
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Business Day
Claims
Closing Date
Commencement Date
Confidential Information
Dispute
Effective Date
Encumbrance
Exchange Control Regulations
Existing Proceedings
Financial Year
Governmental Authority
Group
Implementation Date
Intellectual Property Rights
Losses
Material Adverse Effect
Parties
Related Persons
Release
Released Claims
Released Matters
Released Parties
Settlement Amount
Settlement Payment
Settlement Period
Signature Date
Surviving Provisions
Tax
Territory
Third Party
Transaction Documents
VAT
Warranties
Agreement
Applicable Law
Business Day
Claims
Closing Date
Commencement Date
Confidential Information
Dispute
Effective Date
Encumbrance
Exchange Control Regulations
Existing Proceedings
Financial Year
Governmental Authority
Group
Implementation Date
Intellectual Property Rights
Losses
Material Adverse Effect
Parties
Related Persons
Release
Released Claims
Released Matters
Released Parties
Settlement Amount
Settlement Payment
Settlement Period
Signature Date
Surviving Provisions
Tax
Territory
Third Party
Transaction Documents
VAT
Warranties
Clauses
Definitions and Interpretation
Settlement Terms
Payment Obligations
Release and Discharge
Confidentiality
Non-Disparagement
Warranties and Representations
Tax Matters
Exchange Control
Competition Law Compliance
Implementation
Further Assurance
Assignment
Costs
Notices
Breach
Dispute Resolution
Governing Law
Jurisdiction
Whole Agreement
No Variation
Severability
Waiver
Cession and Assignment
Force Majeure
Counterparts
Independent Legal Advice
Authority
Good Faith
Survival of Provisions
Settlement Terms
Payment Obligations
Release and Discharge
Confidentiality
Non-Disparagement
Warranties and Representations
Tax Matters
Exchange Control
Competition Law Compliance
Implementation
Further Assurance
Assignment
Costs
Notices
Breach
Dispute Resolution
Governing Law
Jurisdiction
Whole Agreement
No Variation
Severability
Waiver
Cession and Assignment
Force Majeure
Counterparts
Independent Legal Advice
Authority
Good Faith
Survival of Provisions
Relevant Industries
Financial Services
Mining
Manufacturing
Technology
Telecommunications
Real Estate
Construction
Energy
Healthcare
Retail
Agriculture
Transportation
Professional Services
Education
Insurance
Relevant Teams
Legal
Executive
Corporate Affairs
Finance
Risk Management
Compliance
Treasury
Operations
Commercial
Strategy
Corporate Development
Dispute Resolution
International Business
Corporate Governance
Relevant Roles
Chief Legal Officer
Legal Director
General Counsel
Senior Legal Counsel
Corporate Lawyer
Dispute Resolution Manager
Chief Executive Officer
Chief Financial Officer
Commercial Director
Risk Manager
Compliance Officer
Company Secretary
Managing Director
Settlement Officer
Corporate Affairs Director
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