This is a template that can be used to foster the terms of a settlement when a
settlement has been reached by the parties of a lawsuit. This template includes the
settlement amount, a release providing that the settling party will be discharged and
acquitted, and which state law will govern. Additionally, this document provides that the
settlement terms will remain confidential. This template should be used by individuals
or entities that have reached a settlement to a claim or pending lawsuit to memorialize
the terms and maintain confidentiality.
CONFIDENTIAL SETTLEMENT AGREEMENT
This Confidential Settlement Agreement (hereinafter referred to for convenience as the
“Agreement”) is made ______________ [Instruction: insert date] (hereafter, the “Effective
Date”) by and between ______________ [Instruction: insert name of first party], (“PARTY
1”), located at ______________ [Instruction: insert location] and ______________
[Instruction: insert name of second party] (“PARTY 2”), located at ______________
[Instruction: insert location]. PARTY 1 and PARTY 2 are collectively referred to herein as the
“Parties”.
RECITALS
Whereas: PARTY 1 and PARTY 2 previously entered into an arrangement, whereby located
at ______________ [Instruction: Set forth terms of arrangement. If a court
case has been filed, cite to the court case].
Whereas: A dispute arose between the Parties in connection the terms of such arrangement
(the “Dispute”)
Whereas: The Parties desire to settle the Dispute in accordance with the terms of this
Agreement.
Now Therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as
follows:
1. Payment of Settlement Amount: PARTY 1 agrees to pay PARTY 2 the following as a
full and complete settlement and compromise of the Dispute:
a. ______________ [Instruction: Insert terms for payment, including timing]
2. Release:
a. In exchange for the promises and covenants set forth herein, PARTY 2 for itself
and its successors, predecessors, related companies, leasing agents, executors,
administrators, representatives, insurers, attorneys, agents and assigns, forever
releases, acquits and discharges PARTY 1 (including, but not limited to, its
respective departments, divisions, subsidiaries, corporate affiliates, trustees,
directors, officers, insurers, employees, servants, attorneys, shareholders, partners,
successors, assigns, customers, clients and agents [present and former]) from any
and all claims, liabilities, demands, costs, expenses, attorneys’ fees, damages,
indemnities, obligations, causes of action of any kind whatsoever (whether based
upon any legal or equitable theory whether contractual, based on any tort,
common law, statutory, Federal , State or otherwise), known and unknown,
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suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to the Dispute.
b. PARTY 2 acknowledges and represents that it may have claims against PARTY
1, of which at the time of execution of this Agreement it has no knowledge or
suspicion. PARTY 2 agrees and represents that this release is specifically
intended to and does extend to any and all such claims in any way based upon or
connected with or related to agreements, actions events or conduct occurring or
existing at any time prior to the Effective Date which relate, directly or indirectly,
to the provision consulting and marketing services by PARTY 2 to PARTY 1
and/or the Dispute, whether or not now known, claimed or suspected by it.
[Comment: If the User is in California, the User will want to set forth that
“PARTY 2 expressly waives the benefit of Section 1542 of the California Civil
Code, which provides: A general release does not extend to claims which
creditor does not know or suspect to exist in his favor at the time of executing the
release, which if known to him must have materially affected his settlement with
the debtor. PARTY 2 expressly waives and relinquishes any and all rights and
benefits which it may have under, or which may be conferred upon it by the
provisions of Section 1542 of the California Civil Code, as well as under any
other similar state or federal statute or common law principle, to the fullest
extent that they may lawfully waive such rights or benefits. The parties hereto
acknowledge that the foregoing waiver of California Civil Code Section 1542 was
separately bargained for and is a key element of the Agreement.]
3. Termination of Agreement: The Parties agree that upon the date of this Agreement, all
prior agreements between PARTY 1 and PARTY 2 shall be terminated in their entirety
and shall be of no further force or effect.
4. Applicable law: This agreement is governed by, and construed in accordance with, the
laws of the state of _______________ [Instruction: Insert applicable state].
5. Authority to Execute: Each person executing this Settlement Agreement represents that it
is authorized to execute this Settlement Agreement. Each person executing this
Settlement Agreement on behalf of an entity, other than an individual executing this
Settlement Agreement on his or her own represents that it is authorized to execute this
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