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1. Parties: Identifies and defines all parties to the agreement, including their legal status and addresses
2. Background: Recitals describing the dispute or claims and the parties' desire to settle
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Sum: Details the settlement amount and payment terms
5. Release of Claims: Comprehensive release provisions detailing the claims being settled and released
6. Warranties and Representations: Each party's warranties regarding their authority to settle and other key representations
7. Confidentiality: Obligations regarding confidentiality of the settlement terms and dispute
8. Non-Admission: Statement that the settlement does not constitute admission of liability
9. Entire Agreement: Confirms this document represents the entire agreement between parties
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction
11. Execution: Signature blocks and execution requirements
1. Non-Disparagement: Mutual obligations not to make negative statements about other parties, often used in high-profile or employment-related settlements
2. Continuing Obligations: Details any ongoing obligations that survive settlement, used when parties have continuing relationships
3. Tax Implications: Addresses responsibility for tax consequences of the settlement payment, important for large settlements
4. Return of Property: Provisions for returning documents or property, particularly relevant in employment or commercial disputes
5. Future Cooperation: Requirements for future cooperation between parties, used when ongoing matters require cooperation
6. Third Party Rights: Addresses rights of third parties under the Contracts (Rights of Third Parties) Ordinance
7. Resignation and References: Used in employment-related settlements to address employment termination and future references
8. Enforcement: Additional provisions regarding enforcement mechanisms, used in complex or high-value settlements
1. Schedule 1 - Payment Terms: Detailed payment schedule, installment terms, and payment mechanisms
2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Required Actions: List of specific actions parties must take to implement the settlement
4. Schedule 4 - Form of Announcement: Agreed form of any public announcement about the settlement
5. Schedule 5 - Related Proceedings: List of legal proceedings to be discontinued
6. Appendix A - Form of Release: Standard form release document if separate releases are required
7. Appendix B - Form of Resignation Letter: Template resignation letter for employment-related settlements
8. Appendix C - Settlement Sum Tax Allocation: Breakdown of settlement sum for tax purposes
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