The Agreement And General Release is a vital legal instrument used in the United Arab Emirates when parties seek to formally resolve disputes, settle claims, or provide mutual releases of obligations. This document is commonly employed in various contexts, including employment separations, commercial dispute resolutions, or settlement of potential litigation. It must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and consider Islamic Sharia principles, which are fundamental to UAE's legal framework. The agreement typically includes specific consideration, comprehensive release provisions, and necessary safeguards for both parties, while ensuring enforceability under UAE jurisdiction. It's particularly important in the UAE business environment where formal documentation of settlements and releases is crucial for legal certainty.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Recitals explaining the context, relationship between parties, and circumstances leading to the release
3. Definitions: Defines key terms used throughout the agreement
4. Consideration: Details the consideration being provided in exchange for the release
5. Release Provisions: Comprehensive description of claims, rights, and obligations being released
6. Representations and Warranties: Statements of fact and guarantees by the parties
7. Confidentiality: Obligations regarding confidentiality of the agreement and underlying dispute
8. Non-Disparagement: Mutual agreements not to make negative statements about other parties
9. Governing Law and Jurisdiction: Specifies UAE law as governing law and establishes jurisdiction
10. Execution: Signature blocks and execution requirements
1. Return of Property: Used when physical or intellectual property needs to be returned between parties
2. Non-Admission of Liability: Optional clause stating that the agreement does not constitute admission of wrongdoing
3. Future Cooperation: Include when parties need to cooperate on ongoing matters post-release
4. Tax Implications: Include when the settlement has significant tax consequences
5. Reference Provision: Used in employment-related releases regarding future employment references
6. Reaffirmation of Existing Obligations: Include when certain existing obligations should survive the release
7. Islamic Law Compliance: Specific provisions ensuring compliance with Sharia principles when relevant
8. Language Preference: Include when agreement needs to be in both Arabic and English
1. Schedule 1 - Released Claims: Detailed list of specific claims being released
2. Schedule 2 - Payment Terms: Details of any payment arrangements, including timing and method
3. Schedule 3 - Returned Items: Inventory of any property or materials to be returned
4. Appendix A - Related Agreements: List of any related agreements affected by or referenced in the release
5. Appendix B - Form of Public Statement: Agreed form of any public statements regarding the settlement
6. Appendix C - Surviving Obligations: List of obligations that survive the release
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