The Non Disparagement Settlement Agreement is a crucial document used in Canadian business and employment contexts when parties wish to resolve disputes while protecting their respective reputations. This agreement type is commonly employed during executive departures, employment terminations, business partnership dissolutions, or the settlement of litigation matters. It combines elements of settlement terms with specific commitments regarding future communications and behavior. The document must comply with Canadian federal and provincial laws, including privacy legislation, human rights codes, and defamation laws. It typically includes detailed provisions about what constitutes disparagement, permitted exceptions (such as truthful statements required by law), and the consequences of breach. The agreement is particularly valuable in situations where protecting reputation and maintaining confidentiality are paramount concerns for all parties involved.
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1. Parties: Identifies and defines all parties to the agreement
2. Background: Provides context for the agreement and summarizes the dispute or circumstances leading to it
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Terms: Details the settlement amount and/or other consideration being provided
5. Non-Disparagement Obligations: Specifies the scope and nature of non-disparagement commitments
6. Confidentiality: Sets out confidentiality obligations regarding the settlement and related matters
7. Release: Mutual release of claims between the parties
8. Enforcement and Remedies: Specifies consequences of breach and available remedies
9. Governing Law: Specifies applicable law and jurisdiction
10. General Provisions: Standard contract clauses including severability, entire agreement, and amendments
11. Execution: Signature blocks and execution requirements
1. Discontinuance of Proceedings: Required when there are ongoing legal proceedings that need to be discontinued
2. Social Media Provisions: Specific provisions regarding social media behavior and content removal
3. Corporate Authority: Required when corporate entities are involved to confirm signing authority
4. Regulatory Compliance: Carve-outs for regulatory reporting or compliance requirements
5. Return of Property: Provisions regarding return of physical or digital assets
6. Future Cooperation: Terms regarding future interactions or required cooperation
7. Insurance and Benefits: Provisions regarding ongoing insurance or benefit arrangements
8. Tax Implications: Clarification of tax treatment and responsibilities
1. Schedule A - Settlement Payment Details: Details of payment amounts, timing, and method
2. Schedule B - Approved Public Statements: Pre-approved statements that parties may make about the settlement
3. Schedule C - Related Entities: List of affiliated entities covered by the agreement
4. Appendix 1 - Form of Release: Standard form of release to be signed
5. Appendix 2 - Notice of Discontinuance: Form of legal discontinuance if applicable
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Retail
Education
Media and Entertainment
Real Estate
Construction
Hospitality
Telecommunications
Energy
Non-Profit
Relevant Teams
Legal
Human Resources
Executive Leadership
Corporate Affairs
Compliance
Risk Management
Corporate Communications
Employee Relations
Board of Directors
Industrial Relations
Relevant Roles
Chief Executive Officer
Human Resources Director
Legal Counsel
Chief Financial Officer
Department Manager
Executive Director
Board Member
Senior Vice President
Managing Partner
Operations Director
Company Secretary
Compliance Officer
Human Resources Business Partner
Chief Operating Officer
General Manager
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