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Deed Of Mutual Release
"I need a Deed of Mutual Release for dissolving a business partnership between two technology companies in New Zealand, including provisions for a settlement payment of $250,000 to be paid by March 2025 and the return of intellectual property."
1. Parties: Identifies all parties to the deed, including full legal names, addresses, and any relevant registration numbers for companies
2. Background: Sets out the context and circumstances leading to the mutual release, including reference to any existing disputes or agreements
3. Definitions: Defines key terms used throughout the deed, including the scope of 'Claims' being released
4. Mutual Release: Core provision where each party releases the other from all claims within the scope of the release
5. Acknowledgments: Parties' acknowledgments regarding the finality of the release and understanding of their rights
6. Warranties: Representations and warranties about the parties' authority to enter into the deed and that they have not assigned any claims to third parties
7. Bar to Future Actions: Provision preventing parties from bringing future legal actions regarding the released matters
8. Execution: Formal execution block meeting the requirements for a deed under New Zealand law
1. Confidentiality: Include when parties wish to keep the terms of the release and/or the underlying dispute confidential
2. Non-Disparagement: Include when parties agree not to make negative statements about each other after the release
3. Surviving Obligations: Include when certain obligations from previous agreements should survive the release
4. Payment Provisions: Include when the release is conditional upon or includes a settlement payment
5. Partial Release: Include when certain claims or rights are specifically excluded from the release
6. Return of Property: Include when parties need to return documents, materials, or other property
7. Tax Provisions: Include when there are tax implications that need to be addressed
8. Deed Not an Admission: Include when parties want to explicitly state that the release does not constitute an admission of liability
1. Schedule 1 - Released Claims: Detailed list of specific claims, disputes, or matters being released
2. Schedule 2 - Related Agreements: List of any agreements that are being terminated or affected by the release
3. Schedule 3 - Payment Terms: Details of any settlement payments, including amounts, timing, and payment methods
4. Schedule 4 - Excluded Claims: List of any specific claims or rights that are excluded from the release
5. Appendix A - Related Proceedings: Details of any legal proceedings that are to be discontinued
6. Appendix B - Form of Notice of Discontinuance: Template for formal discontinuance of any legal proceedings
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