The Full And Final Agreement serves as a definitive resolution mechanism in various dispute scenarios across the United States. It is typically employed when parties wish to achieve complete closure of a dispute or claim, whether arising from employment, commercial, or personal matters. The agreement encompasses payment terms, comprehensive releases, confidentiality provisions, and other relevant terms that ensure all aspects of the dispute are addressed and concluded. This document must be carefully drafted to comply with both federal and state-specific requirements, particularly regarding the release of certain statutory rights.
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1. Parties: Identifies all parties to the agreement with full legal names and addresses
2. Background/Recitals: Explains the context and circumstances leading to the settlement
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Terms: Details the settlement amount and payment terms
5. Release of Claims: Specifies which claims are being released by the parties
6. Confidentiality: Sets forth confidentiality obligations regarding the settlement terms
7. Governing Law: Specifies which jurisdiction's laws govern the agreement
1. Non-Disparagement: Prohibits parties from making negative statements about each other - use when reputation protection is a concern
2. Return of Property: Requirements for returning company property - use when settlement involves employment matters
3. Non-Admission of Liability: Statement that settlement does not constitute admission of wrongdoing - use when liability is disputed
4. Tax Implications: Addresses tax treatment of settlement payments - use when settlement involves taxable payments
1. Schedule A - Payment Schedule: Detailed breakdown of payment terms and dates
2. Schedule B - Released Claims: Comprehensive list of claims being released
3. Schedule C - Non-Released Claims: List of claims specifically excluded from the release
4. Appendix 1 - Form of Release: Standard release form to be signed by parties
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