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Settlement Agreement Waiver Of Claims Template for Malaysia

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Key Requirements PROMPT example:

Settlement Agreement Waiver Of Claims

"I need a Settlement Agreement Waiver of Claims under Malaysian law for resolving an intellectual property dispute between my technology company and a former employee, with a settlement sum of RM 500,000 to be paid by March 15, 2025, including strict confidentiality and non-compete provisions."

Document background
The Settlement Agreement Waiver of Claims is a crucial legal instrument in Malaysian business and civil practice, designed to formally conclude disputes between parties while preventing future claims on the same matters. This document type is commonly used when parties wish to resolve existing or potential disputes without court intervention, or to conclude ongoing litigation. It must comply with Malaysian contract law requirements, including the Contracts Act 1950 and civil procedure rules. The agreement typically incorporates both settlement terms (such as payment arrangements and conditions) and comprehensive waivers of claims, ensuring that all parties have clarity on their rights, obligations, and the finality of the resolution. It's particularly valuable in commercial disputes, employment matters, and corporate transactions where parties seek to achieve certainty and closure while maintaining confidentiality.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, registration numbers (if companies), and addresses

2. Background: Outlines the context of the dispute or claims, relevant history, and circumstances leading to the settlement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Settlement Sum: Specifies the settlement amount, payment terms, method, and timing of payment

5. Payment Terms: Details the mechanics of payment, including bank details, installment schedule if applicable, and payment conditions

6. Waiver and Release: Comprehensive waiver of claims by relevant parties, specifically describing which claims are being waived

7. Confidentiality: Obligations regarding confidentiality of the settlement terms and underlying dispute

8. Full and Final Settlement: Confirmation that this settlement represents a full and final settlement of all claims

9. Non-Admission of Liability: Statement that the settlement does not constitute an admission of liability by any party

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and establishes jurisdiction for disputes

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Tax Implications: Include when settlement payment has tax implications that need to be addressed

2. Non-Disparagement: Include when parties wish to prevent negative statements about each other

3. Return of Property: Include when there is company property or documents to be returned

4. Future Cooperation: Include when ongoing cooperation between parties is required for certain matters

5. Legal Costs: Include when addressing payment of legal costs is necessary

6. Severability: Include when parties want to ensure remaining provisions survive if some are found invalid

7. Third Party Rights: Include when the settlement affects rights of third parties

8. Non-Competition/Non-Solicitation: Include in employment-related settlements where restrictive covenants are relevant

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment installments and dates if applicable

2. Schedule 2 - Specific Claims Being Waived: Comprehensive list of all specific claims being waived

3. Schedule 3 - Form of Announcement: Agreed form of any public or internal announcement regarding the settlement

4. Schedule 4 - List of Properties/Documents to be Returned: Detailed inventory of items to be returned if applicable

5. Appendix A - Form of Release Letter: Template of any additional release letters to be signed

6. Appendix B - Related Companies/Parties: List of related entities covered by the settlement and 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

Relevant legal definitions
























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Relevant Industries

Financial Services

Manufacturing

Construction

Technology

Healthcare

Real Estate

Retail

Professional Services

Education

Energy

Telecommunications

Transportation and Logistics

Mining and Resources

Agriculture

Relevant Teams

Legal

Human Resources

Compliance

Finance

Risk Management

Corporate Secretariat

Operations

Executive Leadership

Dispute Resolution

Treasury

Relevant Roles

Chief Executive Officer

Managing Director

Chief Legal Officer

General Counsel

Legal Director

Compliance Officer

Human Resources Director

Chief Financial Officer

Risk Manager

Company Secretary

Senior Legal Counsel

Operations Director

Contract Manager

Claims Manager

Dispute Resolution 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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