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1. Parties: Identifies and defines the parties to the agreement, including full legal names and addresses of the employer and employee
2. Background: Recitals explaining the employment relationship, termination circumstances, and parties' desire to settle all claims
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Payment: Details the amount, timing, and method of settlement payment, including tax treatment
5. Release of Claims: Comprehensive release of all possible claims by the employee against the employer
6. Confidentiality: Obligations to keep the settlement terms and company information confidential
7. Non-Disparagement: Mutual obligations not to make negative statements about each other
8. Reference Letter: Terms regarding employment references and communication about the departure
9. Return of Property: Requirements for returning company property and documents
10. Continuing Obligations: Survival of relevant employment agreement terms (e.g., intellectual property, confidentiality)
11. Independent Legal Advice: Acknowledgment that parties had opportunity to seek independent legal advice
12. General Provisions: Standard contractual terms including governing law, entire agreement, and amendments
13. Execution: Signature blocks and date of agreement
1. Benefits Continuation: Terms for extending health benefits or other benefits coverage, used when benefit continuation is part of settlement
2. Equity Compensation: Treatment of stock options, RSUs, or other equity compensation, included when employee has equity interests
3. Non-Competition: Post-employment competitive restrictions, used when new non-compete terms are being established
4. Non-Solicitation: Restrictions on soliciting employees or customers, included when new terms are being established
5. Re-Employment: Terms regarding future employment possibilities, used when parties want to address potential future employment
6. Cooperation: Requirements for employee assistance in transition or future matters, included when ongoing cooperation is needed
7. Tax Indemnification: Specific tax-related provisions and indemnities, used for complex settlement structures
8. Immigration Matters: Provisions dealing with work permits or immigration status, included for foreign workers
9. Outplacement Services: Terms of career transition support, included when outplacement is part of settlement
1. Schedule A - Settlement Payment Breakdown: Detailed breakdown of settlement amounts by category (salary, benefits, damages, etc.)
2. Schedule B - Reference Letter: Agreed form of reference letter
3. Schedule C - Company Property Checklist: List of company property to be returned
4. Schedule D - Resignation Letter: Form of resignation letter if required
5. Schedule E - Release Certificate: Form of release to be signed upon payment receipt
6. Appendix 1 - Benefits Details: Details of any continued benefits coverage
7. Appendix 2 - Equity Award Treatment: Detailed treatment of outstanding equity compensation
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