The Contract And Release agreement is a specialized legal instrument used in the Netherlands when parties need to simultaneously establish new obligations while settling existing claims or disputes. This document type is particularly valuable in scenarios such as employment terminations, business relationship conclusions, or dispute resolutions where parties wish to create clarity about future obligations while achieving closure on past matters. The agreement must comply with Dutch law requirements, particularly the Dutch Civil Code provisions regarding contract formation and release of claims. It typically includes detailed terms about consideration, confidentiality, non-disparagement, and specific release provisions, often accompanied by schedules detailing payment terms or released claims. This document type is especially relevant in situations requiring a clean break while maintaining certain ongoing obligations between parties.
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1. Parties: Identification and details of all parties entering into the contract and release agreement
2. Background: Context of the relationship between parties and circumstances leading to this agreement
3. Definitions: Defined terms used throughout the agreement for clarity and consistency
4. Consideration: Details of the consideration being provided in exchange for the release
5. Release Provisions: Specific terms of the release, including scope of claims being released and any excluded claims
6. Confidentiality: Obligations regarding confidentiality of the agreement terms and any related information
7. Non-Disparagement: Mutual obligations not to make negative statements about other parties
8. Return of Property: Requirements for returning any property, documents, or materials belonging to other parties
9. Tax Implications: Acknowledgment of tax responsibilities and implications
10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
12. Execution: Signing requirements and effective date of the agreement
1. Employment-Specific Provisions: Used when the release relates to employment termination, including specific provisions required under Dutch employment law
2. Intellectual Property Rights: Used when IP rights need to be addressed in the release
3. Non-Competition and Non-Solicitation: Used when restrictions on future business activities or employee solicitation are required
4. Insurance and Indemnification: Used when specific insurance obligations or indemnification provisions are necessary
5. Data Protection: Used when personal data processing is involved, including GDPR compliance provisions
6. Future Cooperation: Used when parties need to specify terms for future cooperation or assistance
7. Surviving Obligations: Used when certain obligations need to survive the release
1. Schedule 1 - Payment Terms: Detailed breakdown of any payments, including amounts, timing, and method
2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Retained Claims: List of any claims specifically excluded from the release
4. Schedule 4 - Property Register: Inventory of property to be returned or transferred
5. Appendix A - Form of Announcement: Template for any agreed public or internal announcements regarding the agreement
6. Appendix B - Data Processing Terms: GDPR-compliant data processing terms if applicable
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Risk Manager
Compliance Officer
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