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Mutual Waiver Of Claims
"I need a Mutual Waiver of Claims agreement between my construction company and a subcontractor following the completion of a major commercial project in Dubai, with specific focus on releasing both parties from any future claims related to construction defects and payment disputes."
1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details if corporate entities
2. Background: Context of the relationship between the parties and the circumstances leading to the mutual waiver
3. Definitions: Key terms used in the agreement, including definition of 'Claims' and scope of waiver
4. Mutual Waiver and Release: Core provision detailing the mutual waiver of claims, including scope and extent of claims being waived
5. Representations and Warranties: Statements by each party regarding their authority to enter into the waiver and ownership of the claims being waived
6. Consideration: Statement of consideration being provided by each party (usually the mutual promises to waive claims)
7. No Admission of Liability: Statement that the waiver does not constitute admission of liability by either party
8. Governing Law and Jurisdiction: Specification of UAE law as governing law and designation of competent courts
9. Execution: Signature blocks and execution formalities compliant with UAE requirements
1. Confidentiality: Required when parties wish to keep the existence and terms of the waiver confidential
2. Surviving Claims: Needed when certain claims or rights are specifically excluded from the waiver
3. Future Cooperation: Include when parties need to specify ongoing obligations or cooperation requirements
4. Tax Implications: Required when the waiver has significant tax implications that need to be addressed
5. Insurance: Include when insurance policies or rights need to be addressed
6. Dispute Resolution: Alternative dispute resolution provisions if parties prefer arbitration or mediation
7. Third Party Rights: Required when the waiver affects rights of third parties or group companies
8. Language: Required when dual language versions are needed, specifying which version prevails
1. Schedule 1 - Waived Claims: Detailed list and description of all claims being waived by each party
2. Schedule 2 - Excluded Claims: List of any claims specifically excluded from the waiver
3. Schedule 3 - Related Agreements: List of any related agreements affected by or relevant to the waiver
4. Schedule 4 - Corporate Authorizations: Copies of corporate authorizations and powers of attorney if required
5. Appendix A - Supporting Documents: Any relevant supporting documents or evidence related to the waived claims
Authors
Construction
Real Estate
Financial Services
Insurance
Manufacturing
Technology
Healthcare
Professional Services
Energy and Resources
Retail and Consumer
Transportation and Logistics
Telecommunications
Legal
Risk Management
Compliance
Human Resources
Executive Leadership
Finance
Operations
Commercial
Business Development
Claims
Corporate Governance
Legal Counsel
Chief Legal Officer
Risk Manager
Compliance Officer
Contract Manager
Project Manager
Human Resources Director
Chief Executive Officer
Chief Financial Officer
Operations Director
Commercial Director
Business Development Manager
Claims Manager
Settlement Officer
Corporate Secretary
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