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Release And Waiver Of Claims
"I need a Release and Waiver of Claims document under Austrian law for an employee leaving our tech company, which will cover all employment-related claims up to March 1, 2025, in exchange for a severance payment."
1. Parties: Identification and details of the releasing party (Releasor) and the party being released (Releasee)
2. Background: Context of the relationship between parties and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used in the document, including 'Claims', 'Released Parties', and scope of the release
4. Scope of Release: Detailed description of claims, rights, and causes of action being waived or released
5. Consideration: Statement of consideration provided in exchange for the release (if applicable)
6. Representations and Warranties: Statements by the Releasor confirming understanding of the waiver and authority to execute it
7. Acknowledgments: Explicit acknowledgments by the Releasor of understanding the rights being waived and the consequences
8. Governing Law: Specification of Austrian law as governing law and jurisdiction
9. Execution: Signature blocks and execution requirements
1. Confidentiality: Terms regarding confidentiality of the waiver and underlying dispute - include when sensitive matters are involved
2. Exceptions to Release: Specific claims or rights excluded from the waiver - include when certain rights need to be preserved
3. Future Claims: Provisions addressing unknown future claims - include when broad release of future claims is intended
4. Non-Disparagement: Provisions preventing parties from making negative statements - include in sensitive cases or employment-related releases
5. Return of Property: Requirements for returning documents or property - include when physical items or documents are involved
6. Severability: Provisions for maintaining validity if parts are found unenforceable - include in complex waivers
7. Consultation Acknowledgment: Acknowledgment of opportunity to consult legal counsel - include when dealing with significant rights or consumer protection concerns
1. Schedule of Released Claims: Detailed list of specific claims, causes of action, or rights being released
2. Schedule of Excluded Claims: List of specific claims or rights explicitly excluded from the release
3. Schedule of Consideration: Details of any consideration or payment being provided in exchange for the release
4. Evidence of Authority: Documentation proving authority to execute the release (if signed by representative)
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General Counsel
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Corporate Affairs Director
Chief Legal Officer
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