Free Legal Case Resolution Agreement Template
Legal Case Resolution Agreement
This Legal Case Resolution Agreement (the "Agreement") is entered into as of [Date], by and between [Your Company Name] (hereinafter "Party One"), and [Party Two] (hereinafter "Party Two"), collectively referred to as the "Parties."
WHEREAS, Party One and Party Two have been involved in a legal dispute described as [Brief Description of the Dispute] (the "Dispute");
WHEREAS, the Parties wish to resolve the Dispute without further litigation;
WHEREAS, after negotiations, the Parties have reached an agreement to settle the Dispute on the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Party One and Party Two agree as follows:
I. Definitions
A. "Dispute" refers to the legal disagreement or conflict that arose between Party One and Party Two, specifically involving [Brief Description of the Dispute].
B. "Settlement Amount" means the total monetary compensation agreed upon by Party One and Party Two to resolve the Dispute, as detailed in Section II of this Agreement.
C. "Effective Date" refers to the date on which this Agreement is executed by both parties, which is [Date].
D. "Confidential Information" includes, but is not limited to, the terms of this Agreement, any information exchanged during the negotiations of this Agreement, and any other proprietary or sensitive information disclosed by either party in connection with the Dispute.
II. Settlement Amount and Terms
A. Party One agrees to pay Party Two a total Settlement Amount of $[Specify Amount], in full satisfaction of any and all claims arising out of the Dispute.
B. The Settlement Amount shall be paid by Party One to Party Two in three (3) equal installments. The first installment is due within thirty (30) days of the Effective Date, with subsequent installments due every thirty (30) days thereafter until the full Settlement Amount is paid. Payments shall be made via bank transfer to an account designated by Party Two.
III. Release of Claims
A. In consideration of the Settlement Amount, Party Two hereby releases and forever discharges Party One from any and all claims, demands, liabilities, actions, and causes of action, whether known or unknown, arising out of or in any way related to the Dispute, up to the Effective Date of this Agreement.
B. Party One similarly releases and forever discharges Party Two from any and all claims, demands, liabilities, actions, and causes of action, whether known or unknown, arising out of or in any way related to the Dispute, up to the Effective Date of this Agreement.
C. The Parties acknowledge that this release covers all claims, known and unknown, arising from the Dispute. The Parties expressly waive all rights under any law or statute that purports to preserve unknown claims.
IV. Confidentiality
A. Both Party One and Party Two agree to maintain the confidentiality of the terms of this Agreement, the Settlement Amount, and all discussions, negotiations, and documents related to the Dispute and this Agreement.
B. Notwithstanding the above, the Parties may disclose this information to their respective attorneys, accountants, and financial advisors, as necessary, provided that such parties agree to maintain the confidentiality of the information.
C. Disclosure is also permitted where required by law; however, the disclosing Party must provide the other Party with prompt written notice of such requirement, to allow the other Party to contest the disclosure or seek a protective order.
V. No Admission of Liability
It is agreed that the payment of the Settlement Amount by Party One and the acceptance of the Settlement Amount by Party Two are not to be construed as an admission of liability on the part of Party One. Both Parties expressly deny any liability in connection with the Dispute and intend this Agreement to be a compromise of disputed claims and not an admission of liability or wrongdoing of any kind.
VI. Dispute Resolution
A. In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement's interpretation or the breach thereof, the Parties shall use their best efforts to settle such disputes, claims, questions, or disagreements. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
B. If the Parties do not reach such solution within a period of sixty (60) days, then, upon notice by either Party to the other, disputes, claims, questions, or disagreements shall be submitted to non-binding mediation. The Parties shall share the cost of mediation equally.
C. If mediation does not resolve the dispute, claim, question, or disagreement, it shall be resolved by arbitration administered by [Specify Arbitration Body], in accordance with its rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of the arbitration shall be [Specify Location]. The cost of arbitration shall be shared equally by the Parties unless the arbitrator(s) decide otherwise. The arbitrator(s) shall have the authority to award attorneys' fees and costs to the prevailing party, as determined by the arbitrator(s).
VII. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Specify State], without regard to its conflict of laws principles.
VIII. Entire Agreement
This Agreement constitutes the full and entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, inducements, or conditions, express or implied, oral or written, except as herein contained.
IX. Miscellaneous Provisions
A. This Agreement may only be amended or modified by a written document executed by both Party One and Party Two.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the extent necessary to make it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the other provisions of this Agreement shall remain in full force and effect.
C. The waiver by either Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Failure by any Party to insist on strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
D. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given: (i) when delivered in person; (ii) when sent by email (with confirmation of receipt), provided that a copy is mailed by registered mail, return receipt requested; or (iii) one day after being sent by a commercial overnight carrier with written verification of receipt, to the addresses specified by each Party.
Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
Party One
[Signature]
[Your Name]
[Title]
[Date]
Party Two
[Signature]
[Your Name]
[Title]
[Date]
