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Settlement Agreement And Release
"I need a Settlement Agreement and Release under Hong Kong law for resolving an employment dispute with a senior executive who is leaving our technology company, including provisions for a HKD 2.5 million settlement payment, confidentiality obligations, and non-disparagement clauses, with the agreement to be effective from March 1, 2025."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and addresses
2. Background: Outlines the dispute or circumstances leading to the settlement, including relevant dates and key events
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Settlement Sum: Specifies the settlement amount, payment terms, and payment method
5. Release and Discharge: Details the scope of claims being released and discharged by all parties
6. Confidentiality: Sets out obligations regarding confidentiality of the settlement terms and dispute
7. Non-Admission of Liability: Clarifies that the settlement does not constitute an admission of liability by any party
8. Tax and Costs: Addresses responsibility for taxes and legal costs related to the settlement
9. Entire Agreement: Confirms the agreement represents the entire understanding between parties
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution formalities
1. Non-Disparagement: Used when parties agree not to make negative statements about each other
2. Return of Property: Required when physical or intellectual property needs to be returned
3. Future Cooperation: Included when parties need to cooperate on transition or implementation matters
4. Reference Provision: Used in employment-related settlements regarding future employment references
5. Continuing Obligations: Specifies any obligations that survive the settlement
6. Third Party Rights: Required when the settlement affects rights of third parties under the Contracts (Rights of Third Parties) Ordinance
7. Severability: Added when there's risk that certain provisions might be found invalid
8. Variation: Details how the agreement can be modified, if needed
1. Schedule 1 - Payment Schedule: Details of installment payments if settlement sum is not paid as lump sum
2. Schedule 2 - Released Claims: Comprehensive list of specific claims being released
3. Schedule 3 - Announcement Template: Agreed form of any public or internal announcements about the settlement
4. Schedule 4 - Required Actions: List of specific actions to be taken by parties as part of settlement
5. Appendix A - Related Proceedings: List of all legal proceedings covered by the settlement
6. Appendix B - Form of Release: Standard form of release to be signed by related parties if applicable
Authors
Financial Services
Manufacturing
Technology
Professional Services
Retail
Healthcare
Construction
Education
Real Estate
Insurance
Telecommunications
Transportation and Logistics
Legal
Human Resources
Executive Management
Risk Management
Compliance
Finance
Operations
Company Secretarial
Internal Audit
Corporate Affairs
Legal Counsel
HR Director
Chief Executive Officer
Chief Financial Officer
Risk Manager
Compliance Officer
General Manager
Department Head
Human Resources Manager
Operations Director
Company Secretary
Chief Legal Officer
Claims Manager
Settlement Officer
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