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Case Settlement Agreement
"I need a Case Settlement Agreement under Hong Kong law for a commercial dispute between my technology company and a former supplier, with a settlement sum of HKD 2.5 million to be paid in installments by March 2025, including strict confidentiality provisions and mutual non-disparagement clauses."
1. Parties: Full legal names and details of all parties to the settlement
2. Background: Description of the dispute, reference to proceedings, and context of the settlement
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Sum: Details of the settlement amount and payment terms
5. Payment Terms: Specific details about how and when payments will be made
6. Release and Discharge: Mutual release of claims and discharge of liabilities
7. Confidentiality: Obligations regarding confidentiality of the settlement terms
8. Full and Final Settlement: Confirmation that this represents a full and final settlement of all claims
9. Costs: Treatment of legal costs and disbursements
10. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
11. Execution: Signature blocks and execution formalities
1. Tax Treatment: Include when settlement payments have tax implications that need to be addressed
2. Non-admission of Liability: Include when parties wish to explicitly state that settlement does not constitute admission of liability
3. Non-disparagement: Include when parties agree not to make negative statements about each other
4. Future Cooperation: Include when parties need to cooperate on implementation or related matters
5. Return of Documents: Include when confidential documents need to be returned or destroyed
6. Variation: Include when specific provisions for varying the agreement are required
7. Severability: Include when there's risk that certain provisions might be invalid
8. Third Party Rights: Include when rights of third parties need to be addressed under the Contracts (Rights of Third Parties) Ordinance
1. Schedule 1 - Payment Schedule: Detailed breakdown of payment installments and dates
2. Schedule 2 - Claims Being Settled: List of all claims and proceedings covered by the settlement
3. Schedule 3 - Required Actions: List of specific actions parties must take to implement the settlement
4. Appendix A - Court Order: Copy of relevant court order or judgment being settled
5. Appendix B - Settlement Calculations: Detailed calculations of settlement amounts
6. Appendix C - Form of Release: Template of any formal release documents to be executed
Authors
Financial Services
Insurance
Construction
Manufacturing
Real Estate
Technology
Healthcare
Retail
Professional Services
Transportation
Energy
Telecommunications
Education
Hospitality
Mining and Resources
Legal
Compliance
Risk Management
Finance
Corporate Secretariat
Insurance
Operations
Executive Management
Treasury
Regulatory Affairs
Legal Counsel
Chief Legal Officer
Litigation Manager
Risk Manager
Compliance Officer
Chief Financial Officer
Claims Manager
Company Secretary
General Counsel
Settlement Officer
Dispute Resolution Manager
Corporate Counsel
Legal Director
Chief Executive Officer
Chief Risk Officer
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