A Simple Settlement Agreement And Release is commonly used in England and Wales to document the resolution of disputes between parties without the need for litigation. This document is particularly valuable when parties wish to achieve a clean break and obtain certainty regarding their legal positions. It typically includes detailed settlement terms, releases from claims, confidentiality provisions, and tax considerations. The agreement must comply with English legal requirements, including consideration and capacity to contract, and may require independent legal advice in certain circumstances, particularly in employment-related settlements.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and circumstances leading to the settlement
3. Definitions: Key terms used throughout the agreement
4. Settlement Terms: Core settlement provisions including payment terms
5. Release: Mutual releases and waiver of claims
6. Confidentiality: Obligations regarding confidentiality of the settlement
7. Governing Law: Specification of applicable law and jurisdiction
1. Tax Indemnity: Used when tax implications need specific attention in employment-related settlements
2. Non-disparagement: Prevents parties from making negative statements, typically used in high-profile or sensitive settlements
3. Return of Property: Provisions for returning company property in employment-related settlements
4. Future Cooperation: Obligations for future assistance or testimony when ongoing matters require cooperation
1. Schedule of Claims: Lists all claims being settled
2. Payment Schedule: Details of payment amounts and timing
3. Independent Legal Advice Certificate: Confirmation of legal advice received
4. Agreed Reference: Format of employment reference if applicable
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