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1. Parties: Identifies and defines all parties to the agreement, including their legal status and addresses
2. Background: Outlines the dispute or circumstances leading to the settlement, including relevant dates and key events
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Settlement Sum: Specifies the settlement amount, payment terms, and payment method
5. Release and Discharge: Details the scope of claims being released and discharged by all parties
6. Confidentiality: Sets out obligations regarding confidentiality of the settlement terms and dispute
7. Non-Admission of Liability: Clarifies that the settlement does not constitute an admission of liability by any party
8. Tax and Costs: Addresses responsibility for taxes and legal costs related to the settlement
9. Entire Agreement: Confirms the agreement represents the entire understanding between parties
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution formalities
1. Non-Disparagement: Used when parties agree not to make negative statements about each other
2. Return of Property: Required when physical or intellectual property needs to be returned
3. Future Cooperation: Included when parties need to cooperate on transition or implementation matters
4. Reference Provision: Used in employment-related settlements regarding future employment references
5. Continuing Obligations: Specifies any obligations that survive the settlement
6. Third Party Rights: Required when the settlement affects rights of third parties under the Contracts (Rights of Third Parties) Ordinance
7. Severability: Added when there's risk that certain provisions might be found invalid
8. Variation: Details how the agreement can be modified, if needed
1. Schedule 1 - Payment Schedule: Details of installment payments if settlement sum is not paid as lump sum
2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Announcement Template: Agreed form of any public or internal announcements about the settlement
4. Schedule 4 - Required Actions: List of specific actions to be taken by parties as part of settlement
5. Appendix A - Related Proceedings: List of all legal proceedings covered by the settlement
6. Appendix B - Form of Release: Standard form of release to be signed by related parties if applicable
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