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1. Parties: Identification and details of all parties entering into the agreement, including their legal capacity and authority to contract
2. Background: Context of the relationship between the parties and circumstances leading to this agreement
3. Definitions: Key terms used throughout the agreement, including 'Disparagement', 'Released Claims', and 'Effective Date'
4. Mutual Release: Comprehensive terms of the mutual release, including scope of claims being released and any exceptions
5. Non-Disparagement Obligations: Detailed provisions prohibiting parties from making disparaging statements, including scope and specific prohibited actions
6. Confidentiality: Obligations regarding the confidentiality of the agreement terms and any related information
7. Representations and Warranties: Statements of fact and guarantees made by each party
8. Duration: Term of the agreement, particularly for non-disparagement obligations
9. Enforcement and Remedies: Consequences of breach and available remedies under German law
10. General Provisions: Standard clauses including governing law, jurisdiction, severability, and entire agreement
1. Return of Property: Required when parties need to exchange or return physical or digital assets
2. Social Media Provisions: Specific obligations regarding social media behavior and content
3. Reference Provisions: Terms regarding future employment references, typically used in employment-related agreements
4. Cooperation in Legal Proceedings: Required when ongoing legal matters necessitate future cooperation
5. Payment Terms: Include when the release involves financial consideration
6. Tax Implications: Required when significant financial considerations are involved
7. Insurance Claims: Include when insurance policies or claims are relevant to the release
8. Third Party Rights: Required when the agreement affects rights of third parties under German law
1. Schedule of Released Claims: Detailed list of specific claims, disputes, or incidents being released
2. Prohibited Statements: Specific examples of prohibited disparaging statements or actions
3. Form of Public Statement: Agreed template for any public statements regarding the resolution
4. List of Confidential Information: Detailed inventory of information deemed confidential under the agreement
5. Payment Schedule: If applicable, details of any financial settlements and payment terms
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