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Deed Of Mutual Release Template for Philippines

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Key Requirements PROMPT example:

Deed Of Mutual Release

"I need a Deed of Mutual Release between my technology company and a former software development contractor to settle intellectual property disputes and terminate our ongoing service agreement as of March 1, 2025, including provisions for the return of source code and confidential information."

Document background
The Deed of Mutual Release is a critical legal instrument used in the Philippines when parties wish to formally settle disputes and prevent future litigation. It is particularly valuable following the resolution of conflicts, completion of projects, termination of business relationships, or settlement of claims. The deed must comply with Philippine legal requirements, including the Civil Code and notarial regulations. It typically includes comprehensive details about the claims being released, any consideration being provided, confidentiality obligations, and warranties from all parties. This document is especially useful in commercial disputes, employment matters, partnership dissolutions, and contract terminations where parties seek a clean break and mutual discharge of obligations.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including their full legal names, addresses, and any relevant registration details

2. Background: Recitals explaining the context of the relationship between the parties and any disputes or circumstances leading to this mutual release

3. Definitions: Defines key terms used throughout the deed, including 'Claims', 'Released Matters', and any other relevant terminology

4. Mutual Release: Core provision where each party releases the other from all claims, demands, and causes of action related to the specified matters

5. Scope of Release: Detailed description of what is covered by the release, including temporal scope and subject matter

6. Warranties and Representations: Statements by each party confirming their authority to enter into the deed and that they have not already assigned any claims to third parties

7. Confidentiality: Obligations regarding confidentiality of the terms of the deed and any underlying disputes

8. No Admission of Liability: Statement that the deed and its execution do not constitute an admission of liability by any party

9. Execution: Formal requirements for signing, including notarization provisions as required under Philippine law

Optional Sections

1. Consideration: Details of any payment or other consideration being provided as part of the release - included when there is a financial or other settlement component

2. Return of Property: Provisions regarding the return of any physical or intellectual property - included when there are assets to be returned between parties

3. Non-Disparagement: Mutual agreements not to make negative statements about each other - included in high-profile or sensitive cases

4. Cooperation: Obligations to cooperate in implementing the release or related matters - included when future actions are needed

5. Tax Provisions: Allocation of tax responsibilities - included when there are significant tax implications

6. Insurance Claims: Provisions regarding any insurance claims or policies - included when insurance is relevant to the released matters

7. Third Party Rights: Provisions affecting or excluding rights of third parties - included when third party interests might be affected

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims, disputes, or matters being released

2. Schedule of Excluded Claims: List of any specific claims or matters explicitly excluded from the release

3. Schedule of Related Agreements: List of any other agreements between the parties that are affected by or relevant to the release

4. Schedule of Property: Inventory of any property to be returned or transferred between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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