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Pre Suit Settlement Agreement
"I need a Pre-Suit Settlement Agreement under Hong Kong law for a commercial dispute between my technology company and a software supplier, with a settlement sum of HKD 2.5 million to be paid in installments by March 2025, including strict confidentiality provisions and mutual non-disparagement clauses."
1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Describes the context of the dispute and the parties' desire to settle without litigation
3. Definitions: Defines key terms used throughout the agreement
4. The Dispute: Detailed description of the dispute or claim being settled
5. Settlement Sum: Specifies the amount to be paid and payment terms
6. Payment Terms: Details the mechanism, timing, and method of payment
7. Release: Mutual release of claims related to the dispute
8. Confidentiality: Obligations to keep the settlement and its terms confidential
9. Entire Agreement: Confirms this document represents the complete agreement between parties
10. Governing Law: Specifies Hong Kong law as governing law
11. Execution: Signature blocks and execution formalities
1. Non-Admission of Liability: Statement that settlement does not constitute admission of liability - used when specifically requested by settling party
2. Tax Implications: Addresses responsibility for tax arising from settlement payment - used when settlement sum is substantial
3. Non-Disparagement: Prevents parties from making negative statements about each other - used in sensitive or public-facing disputes
4. Return of Documents: Procedures for returning confidential documents - used when sensitive documents were exchanged
5. Future Cooperation: Obligations to cooperate in related matters - used when ongoing relationship exists
6. Insurance: Provisions relating to insurance claims - used when insurance is involved in settlement
7. Variation: Procedures for varying the agreement - used in complex settlements
1. Schedule 1 - Payment Schedule: Detailed payment timeline if settlement involves installments
2. Schedule 2 - Released Claims: Comprehensive list of claims being settled and released
3. Schedule 3 - Related Proceedings: List of any related legal proceedings affected by the settlement
4. Schedule 4 - Settlement Steps: Detailed steps and timeline for implementing settlement terms
5. Schedule 5 - Form of Release: Template of any additional release documents to be signed
6. Appendix A - Supporting Documents: List of key documents relevant to the settlement
Authors
Financial Services
Insurance
Banking
Real Estate
Construction
Manufacturing
Retail
Professional Services
Technology
Healthcare
Transportation
Energy
Telecommunications
Education
Hospitality
Legal
Compliance
Risk Management
Finance
Executive Management
Commercial Operations
Business Development
Company Secretariat
Corporate Affairs
Internal Audit
Legal Counsel
General Counsel
Chief Legal Officer
Risk Manager
Compliance Officer
Chief Executive Officer
Chief Financial Officer
Commercial Director
Business Development Manager
Contract Manager
Claims Manager
Dispute Resolution Officer
Company Secretary
Head of Legal
Senior Legal Manager
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