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1. Parties: Identification and details of all parties to the agreement, including their legal capacity and authority to enter into the agreement
2. Background: Context of the dispute or circumstances leading to the release agreement, including reference to any existing claims or proceedings
3. Definitions: Clear definitions of key terms used throughout the agreement, including the scope of 'Claims' being released
4. Release Provisions: Detailed description of the claims, rights, and obligations being released, including present and future claims
5. Consideration: Description of the payment or other consideration being provided in exchange for the release
6. Payment Terms: Specific details about how and when the consideration will be paid or delivered
7. Representations and Warranties: Statements by the parties regarding their authority, understanding, and voluntary execution of the agreement
8. Confidentiality: Obligations regarding the confidentiality of the agreement terms and any related information
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and severability
10. Execution: Formal requirements for signing and dating the agreement, including any witness or notarization requirements
1. Tax Implications: Include when the settlement payment has tax consequences that need to be addressed
2. Non-Disparagement: Include when parties wish to prevent negative statements about each other
3. Return of Property: Include when there is company property or confidential information to be returned
4. Cooperation: Include when ongoing cooperation is needed for implementing the agreement
5. Insurance Claims: Include when insurance claims or rights need to be specifically addressed
6. Employment References: Include in employment-related releases where future reference provisions are needed
7. Non-Admission of Liability: Include when parties want to explicitly state that the settlement does not constitute admission of liability
1. Schedule of Released Claims: Detailed list of all specific claims, proceedings, or disputes being released
2. Schedule of Payments: Breakdown of payment amounts, dates, and methods if the consideration involves multiple payments
3. Schedule of Returned Items: List of any physical or digital items to be returned as part of the agreement
4. Form of Release Announcement: Template for any agreed public statement about the resolution
5. Related Agreements: Copies of any related agreements referenced in the main agreement
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