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Deed Of Settlement And Release
"I need a Deed of Settlement and Release for resolving an intellectual property dispute between my software company and a former contractor, with settlement payment of $150,000 to be paid by March 15, 2025, including strict confidentiality provisions and ongoing obligations regarding the usage of disputed code."
1. Parties: Identifies and defines all parties to the deed, including their legal capacity and contact details
2. Background: Recitals setting out the context of the dispute or circumstances leading to the settlement
3. Definitions and Interpretation: Defines key terms used in the deed and sets out interpretation principles
4. Settlement Sum: Details the settlement amount, payment terms, and payment method
5. Release and Discharge: Comprehensive release provisions specifying what claims are being released
6. Bar to Future Actions: Clause preventing parties from bringing future claims covered by the release
7. Acknowledgments: Parties' acknowledgments regarding the settlement and their understanding of its effect
8. No Admission of Liability: Statement that the settlement does not constitute an admission of liability
9. GST: Treatment of GST in relation to the settlement sum and other payments
10. Costs: Each party's responsibility for legal and other costs
11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severance
12. Execution: Formal execution blocks for all parties
1. Confidentiality: Required when parties wish to keep the settlement terms confidential
2. Non-Disparagement: Used when parties agree not to make negative statements about each other
3. Ongoing Obligations: Needed when the settlement includes continuing obligations between the parties
4. Return of Property: Required when settlement involves return of documents or property
5. Indemnities: Used when one party agrees to indemnify the other against specific risks or claims
6. Tax Indemnity: Required when tax implications of the settlement need specific treatment
7. Further Assurance: Used when additional actions may be needed to give effect to the settlement
8. Third Party Rights: Required when the release affects rights of third parties or related entities
1. Settlement Payment Details: Schedule detailing payment amounts, installments, and banking details
2. Released Claims: Detailed list of specific claims being released
3. Related Proceedings: List of legal proceedings to be discontinued
4. Required Actions: Specific actions required to implement the settlement
5. Property Schedule: Details of any property to be transferred or returned
6. Deed of Release by Related Entities: Additional release deeds by related parties if required
7. Form of Notice of Discontinuance: Template notice for discontinuing legal proceedings
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