A Non Disclosure Settlement Agreement is used when parties wish to resolve a dispute while maintaining confidentiality about both the settlement terms and any sensitive information exchanged during the relationship. Under English and Welsh law, these agreements must meet specific statutory requirements, particularly when employment matters are involved. The document typically includes detailed provisions about settlement payments, confidentiality obligations, non-disparagement clauses, and warranties. It's particularly important in situations involving senior executives, intellectual property matters, or sensitive commercial information.
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1. Parties: Details of the parties entering into the agreement
2. Background: Context of the dispute and reason for settlement
3. Definitions: Key terms used throughout the agreement
4. Settlement Terms: Details of the settlement payment and other considerations
5. Confidentiality Obligations: Scope and duration of confidentiality requirements
6. Non-Disparagement: Mutual obligations regarding future communications
7. Release of Claims: Waiver of existing and potential claims
8. Governing Law: Jurisdiction and applicable law
1. Tax Indemnity: Provisions addressing tax implications of settlement payments
2. Return of Property: Provisions for returning company property and confidential information
3. Post-Settlement Obligations: Ongoing duties and responsibilities after settlement
4. Third Party Rights: Rights of group companies or related entities affected by the settlement
1. Schedule 1: Settlement Payment Details: Breakdown of payment amounts and timing
2. Schedule 2: Claims Being Settled: Specific list of claims being waived
3. Schedule 3: Adviser's Certificate: Confirmation of independent legal advice
4. Appendix A: Form of Announcement: Agreed public statement regarding the settlement if applicable
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
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