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Settlement Agreement And General Release
"I need a Settlement Agreement and General Release for an employment dispute with a former senior executive, including a settlement sum of RM 250,000, confidentiality provisions, and a non-disparagement clause, with payment to be completed by March 15, 2025."
1. Parties: Identifies and defines all parties to the agreement, including their full legal names, addresses, and any relevant registration numbers
2. Background: Recitals explaining the context of the dispute and the parties' desire to settle all claims
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Settlement Sum: Details the amount of settlement, payment terms, and payment method
5. Release and Discharge: Comprehensive release of claims by all parties
6. Non-Admission of Liability: Statement that the settlement does not constitute an admission of liability by any party
7. Confidentiality: Obligations to keep the terms of settlement confidential
8. Full and Final Settlement: Confirmation that this agreement represents a full and final settlement of all claims
9. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction
10. Entire Agreement: Confirms this document represents the entire agreement between parties
11. Execution: Signature blocks and execution formalities
1. Non-Disparagement: Mutual obligations not to make negative statements about other parties - typically used in high-profile or employment-related settlements
2. Return of Property: Requirements for returning company property or confidential information - relevant in employment or commercial disputes
3. Tax Implications: Addresses responsibility for tax liabilities arising from the settlement - important for large settlements or where tax implications are significant
4. Cooperation: Obligations to cooperate in related matters - useful when ongoing cooperation is needed post-settlement
5. Future Claims: Provisions addressing potential future claims - important in cases with possible latent issues
6. Warranties: Specific warranties by either party - relevant when certain assurances are crucial to the settlement
7. Insurance and Indemnity: Insurance-related provisions and indemnification obligations - used when ongoing risks need to be addressed
1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement sum, payment schedule, and banking information
2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Related Proceedings: List of any related legal proceedings to be discontinued
4. Appendix A - Supporting Documents: Copies of relevant documents referenced in the agreement
5. Appendix B - Form of Release: Template for any additional release documents required to be executed
Authors
Banking & Financial Services
Manufacturing
Construction
Real Estate
Technology
Healthcare
Retail & Consumer
Energy & Resources
Transportation & Logistics
Professional Services
Education
Telecommunications
Legal
Human Resources
Finance
Compliance
Risk Management
Corporate Affairs
Operations
Executive Leadership
Insurance
Corporate Secretariat
Legal Counsel
Chief Legal Officer
Risk Manager
Compliance Officer
Human Resources Director
Chief Financial Officer
Claims Manager
Corporate Secretary
Business Development Manager
Operations Director
General Manager
Chief Executive Officer
Settlement Officer
Dispute Resolution Specialist
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