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Payment Waiver Template for India

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Key Requirements PROMPT example:

Payment Waiver

"I need a Payment Waiver agreement where ABC Technologies Ltd waives the outstanding software development fees of INR 5,000,000 owed by XYZ Solutions Pvt Ltd, with the waiver to take effect from March 1, 2025."

Document background
A Payment Waiver is a crucial legal instrument used in Indian business and financial transactions when a creditor decides to formally forgo their right to receive certain payments from a debtor. This document is particularly important in situations involving debt restructuring, settlement agreements, or business relationship modifications. The Payment Waiver must be drafted in compliance with Indian contract law, specifically the Indian Contract Act, 1872, and may require proper stamping under relevant state stamp acts. It's commonly used in scenarios such as debt settlements, corporate restructuring, or when parties wish to modify their financial obligations due to changed circumstances. The document should clearly specify the original payment obligation, the extent of waiver, any conditions attached, and include necessary authorizations, especially when corporate entities are involved. Given its legal implications, it often requires approval from senior management and may need registration depending on the value and nature of the waiver.
Suggested Sections

1. Parties: Identification of the party waiving the payment (Creditor) and the party being released from the payment obligation (Debtor)

2. Background: Recitals explaining the original payment obligation, its basis, and the circumstances leading to the waiver

3. Definitions: Definitions of key terms used in the agreement, including 'Original Agreement', 'Payment Obligation', 'Waiver Date', etc.

4. Waiver Declaration: Clear and unequivocal statement of the payment waiver, specifying the exact amount being waived

5. Scope of Waiver: Detailed description of what is covered under the waiver, including any specific payment components

6. Effective Date: Specification of when the waiver takes effect and any conditions precedent

7. Representations and Warranties: Statements by both parties regarding their authority to enter into the waiver agreement

8. Governing Law and Jurisdiction: Specification that Indian law governs the agreement and designation of jurisdiction for disputes

Optional Sections

1. Conditions: Include when the waiver is subject to specific conditions being met by either party

2. Partial Waiver Terms: Required when only a portion of the payment obligation is being waived

3. Surviving Obligations: Include when certain payment obligations or other contractual obligations remain in force

4. Tax Implications: Include when the waiver has significant tax consequences that need to be addressed

5. Confidentiality: Include when parties wish to keep the waiver terms confidential

6. Related Party Acknowledgments: Include when guarantors or other related parties need to acknowledge the waiver

7. Future Rights: Include when there's a need to address future payment obligations or rights

Suggested Schedules

1. Schedule 1 - Original Payment Details: Details of the original payment obligation being waived, including amounts, due dates, and basis

2. Schedule 2 - Original Agreement Extract: Relevant excerpts from the original agreement that created the payment obligation

3. Schedule 3 - Waiver Conditions: If applicable, detailed list of conditions that must be met for the waiver to be effective

4. Appendix A - Supporting Documents: Copies of relevant supporting documents, such as board resolutions authorizing the waiver

5. Appendix B - Payment History: If relevant, history of payments made under the original obligation

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

Relevant legal definitions




























Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Construction

Manufacturing

Information Technology

Retail & Commerce

Infrastructure

Healthcare

Education

Professional Services

Telecommunications

Relevant Teams

Legal

Finance

Accounts

Treasury

Corporate Secretarial

Risk Management

Credit Control

Corporate Affairs

Business Development

Senior Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Accounts Manager

Credit Controller

Treasury Manager

Financial Controller

Company Secretary

Risk Manager

Contract Manager

Business Development Manager

Managing Director

Chief Executive Officer

Debt Recovery Officer

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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