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1. Parties: Identifies and defines all parties to the settlement agreement, including their legal capacities and contact details
2. Background: Outlines the dispute's history, any existing legal proceedings, and the parties' desire to settle without court intervention
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Settlement Terms: Details the core settlement provisions, including payment amounts, timing, and method of payment
5. Release: Comprehensive release of claims between the parties, including scope of release and exceptions if any
6. Confidentiality: Obligations regarding confidentiality of the settlement terms and dispute details
7. No Admission: Statement that the settlement does not constitute an admission of liability by any party
8. Tax Treatment: Clarifies responsibility for tax obligations arising from settlement payments
9. Entire Agreement: Confirms the agreement represents the complete understanding between parties and supersedes prior agreements
10. Governing Law: Specifies that Canadian law governs the agreement and identifies the applicable province/territory
11. Execution: Details about agreement signing, including counterparts and effective date
1. Non-Disparagement: Prohibits parties from making negative statements about each other, useful in high-profile or sensitive cases
2. Return of Property: Required when settlement involves return of documents, equipment, or other property
3. Future Cooperation: Includes when ongoing cooperation between parties is needed post-settlement
4. Insurance Coverage: Relevant when insurance companies are involved in funding the settlement
5. Dismissal of Proceedings: Required when there are active court proceedings that need to be discontinued
6. Publicity/Press Release: Needed for high-profile cases where public statements about settlement are anticipated
7. Indemnification: Used when one party needs to protect against third-party claims
8. Compliance with Court Orders: Necessary when settlement relates to existing court orders
9. Medical Confidentiality: Required in cases involving medical information or records
1. Schedule A - Payment Terms: Detailed breakdown of payment amounts, installments, and payment methods
2. Schedule B - Release Details: Comprehensive list of specific claims being released
3. Schedule C - Confidential Information: Detailed list of information deemed confidential under the agreement
4. Schedule D - Required Documentation: List of documents to be exchanged or executed as part of settlement
5. Appendix 1 - Court Proceedings: Details of any court proceedings to be discontinued
6. Appendix 2 - Property List: Itemized list of any property to be returned or transferred
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