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1. Parties: Identifies all parties to the agreement, including the releasor (injured party) and releasee (party being released from liability)
2. Background: Describes the accident, date, location, and general circumstances leading to the settlement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Settlement Amount: Specifies the total settlement amount and payment terms
5. Release and Discharge: Details the scope of the release of claims and discharge of liability
6. No Admission of Liability: States that the settlement does not constitute an admission of liability by the releasee
7. Representations and Warranties: Contains statements about the parties' authority to enter the agreement and understanding of its terms
8. Complete Agreement: Confirms this document represents the entire agreement between parties
9. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province
10. Execution: Signature blocks and execution requirements
1. Confidentiality: Required when parties wish to keep the settlement terms private
2. Structured Settlement Provisions: Used when the settlement involves periodic payments rather than a lump sum
3. Insurance Coverage Confirmation: Included when settlement payments will be made by an insurance company
4. Non-Disparagement: Added when parties agree not to make negative statements about each other
5. Future Medical Expenses: Required when settlement includes provisions for potential future medical costs
6. Tax Indemnification: Included when there are significant tax implications to the settlement
7. Return of Documents: Used when parties need to return or destroy accident-related documentation
8. Medicare/Healthcare Provider Liens: Required when there are outstanding medical liens to be addressed
1. Schedule A - Detailed Description of Accident: Comprehensive description of the accident, including police reports and witness statements
2. Schedule B - Medical Reports: Summary of medical reports and treatments related to the accident
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and schedule if not a lump sum
4. Schedule D - List of Released Claims: Specific enumeration of all claims being released
5. Appendix 1 - Supporting Documentation: Copies of relevant insurance policies, medical bills, or other supporting documents
6. Appendix 2 - Independent Medical Evaluation: If applicable, reports from independent medical evaluations
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