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Waiver Of Claims Agreement Template for Switzerland

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Key Requirements PROMPT example:

Waiver Of Claims Agreement

"I need a Waiver of Claims Agreement under Swiss law for a tech company acquisition where the selling shareholders need to waive all current and future claims against the acquiring company, with completion scheduled for March 2025."

Document background
The Waiver of Claims Agreement serves as a critical legal instrument in Swiss business and civil matters, commonly utilized when parties seek to resolve disputes, conclude settlements, or formally relinquish legal rights. This document type is particularly relevant in scenarios involving corporate transactions, employment terminations, insurance settlements, or general commercial dispute resolutions. Under Swiss law, such agreements must comply with the Swiss Code of Obligations and related federal legislation, ensuring proper consideration, capacity, and consent of all parties involved. The Waiver of Claims Agreement typically includes detailed descriptions of the claims being waived, any exceptions, and relevant consideration, making it essential for risk management and dispute resolution processes. It's particularly valuable in situations where parties seek to achieve finality in their legal relationships and prevent future litigation.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the relationship between parties and circumstances leading to the waiver

3. Definitions: Clear definitions of key terms, particularly 'Claims' and other relevant terminology

4. Scope of Waiver: Detailed description of claims being waived, including temporal scope

5. Consideration: Description of consideration provided in exchange for the waiver

6. Representations and Warranties: Statements by parties regarding their capacity and authority to enter into the waiver

7. Release: Formal release language and specifics of what is being waived

8. Exceptions to Waiver: Any claims or rights specifically excluded from the waiver

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

10. Entire Agreement: Integration clause confirming the agreement represents the complete understanding between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Confidentiality: Required when the waiver involves sensitive information or confidential matters

2. Future Claims: Needed when addressing potential future claims that may arise

3. Surviving Obligations: Used when certain obligations should survive the waiver

4. Third Party Rights: Required when the waiver affects rights of third parties or related entities

5. Insurance and Indemnification: Needed when insurance matters or ongoing indemnification obligations are relevant

6. Severability: Optional clause for preserving remainder of agreement if parts are found invalid

7. Amendment Provisions: Required for complex waivers where future modifications might be needed

8. Notice Provisions: Needed when ongoing obligations require formal communication between parties

Suggested Schedules

1. Schedule of Claims: Detailed list of specific claims being waived

2. Related Agreements: List of agreements affected by or related to the waiver

3. Supporting Documents: Copies of relevant documents referenced in the waiver

4. Payment Schedule: If consideration involves payments, schedule of payment terms and conditions

5. Corporate Authorizations: Required corporate approvals or resolutions authorizing the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Insurance

Manufacturing

Construction

Real Estate

Professional Services

Healthcare

Technology

Energy

Retail

Transportation

Education

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Human Resources

Finance

Operations

Insurance

Corporate Affairs

Executive Leadership

Administrative Services

Dispute Resolution

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Human Resources Director

Chief Financial Officer

Contract Manager

Claims Administrator

Settlement Officer

Corporate Secretary

General Counsel

Chief Executive Officer

Insurance Manager

Litigation Manager

Business Development Director

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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