Settlement and Release - Litigation Ongoing (India)

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There are numerous occasions when a party will bring litigation against another but decide to settle the dispute before court proceedings are final. In this instance it is imperative that the parties to the litigation have a written release agreement. This Settlement and Release Agreement (Ongoing Litigation) will set forth the agreement and terms of the release of all claims between the parties. Having a written agreement will prove invaluable in the event of further misunderstandings or disputes.

Among others, this Settlement and Release Agreement contains the following provisions:
  • Parties to the Agreement: This provision contains the identity and names of the parties entering into the agreement;
  • Dispute: This provision sets out the description of the matter in litigation;
  • Settlement: This provision sets out the specific terms of settlement;
  • Dismissal of Actions and Proceedings: This provision sets out the specific timeframe for dismissal of the lawsuit.

Protect Yourself and Your Rights by using our professionally prepared up-to-date forms.

This lawyer-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Settlement and Release Agreement (Ongoing Litigation) for India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Settlement and Release Agreement
(Litigation Ongoing)
(India)









This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Settlement and Release Agreement (Litigation Ongoing)




General Information
Settlement and Release Agreement
(Litigation Ongoing)

Often someone will bring litigation against another and file a complaint with a court.  However, many disputes are settled before court proceedings have reached a final conclusion.  In this instance it is imperative that the parties to the litigation have a written agreement which sets forth the agreement and release of any claims between the parties.

This Settlement and Release Agreement sets forth the specific issues to be settled including description of the dispute itself, settlement terms and the release of any and all claims.  This legal document will prove invaluable in the event there are future misunderstandings or disagreements between the parties.  





Instructions and Checklist
Settlement and Release Agreement
(Litigation Ongoing)

  Both parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

     Both parties must sign the agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  

   











DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



SETTLEMENT AND RELEASE AGREEMENT


THIS SETTLEMENT & RELEASE AGREEMENT (hereinafter referred as the “Settlement Agreement'”) is entered on this ___ day of _______________________, 20____________ by and between _____________________________________________________________ of ________________________________________________ (hereinafter referred as the “Plaintiff'”), and ___________________________________________________________ of _________________________________________ (hereinafter referred as the “Defendant”).

RECITALS

WHEREAS, on ______________________the Plaintiff and Defendant have entered into the following agreement _______________________________ (the “Agreement”)

WHEREAS, certain disputes (defined below) have arisen between the Plaintiff and Defendant, which has resulted in both litigation and arbitration

WHEREAS, the parties desire to enter into this Settlement Agreement in order to settle and compromise their disputes, upon the terms and conditions of this Settlement Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Dispute

[Describe the dispute  payment, ownership issues, performance of obligations etc.]

2. Settlement

The parties agree to settle the dispute in the following manner:

[Enter the settlement terms  agreed upon payment, ownership or obligations etc]

3. Dismissal of Actions and Proceedings

Within seven (7) business days from the execution of this Agreement, the Plaintiff shall confirm in writing to Defendant that all actions, proceedings filed by the Plaintiff have been withdrawn and fully dismissed with prejudice.

4. Release and Discharge

The parties hereby agree to release and forever discharge each other, and their successors, affiliates, subsidiaries, officers, employees, assigns, agents from any and all past, present or future known and unknown claims, demands, disputes, obligations, actions, causes of action, rights, damages, expenses, debts, liabilities, related to the dispute and/or any of the matters which arise out of, from, asserted in, or which could have been asserted in connection with the dispute.


5. No Admission

The parties' execution of this Settlement Agreement is not an admission of any liability, fault or responsibility on the part of any released party. This Settlement Agreement is entered with the intention to avoid the expense, inconvenience and uncertainty of litigation.

6. Notices

All notices, demands, and requests which may be given or which are required to be given by either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in certified or registered mail, return receipt requested, postage prepaid, properly addressed as follows:

If to Plaintiff:

__________________________
__________________________
__________________________

If to Defendant:

___________________________
___________________________
___________________________

7. Entire Agreement and Successors in Interest

This Settlement Agreement contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.

8. Representation

The Parties acknowledge that in entering into this Settlement Agreement, they have been represented by counsel of their own choice and that they have read this Agreement and have had it fully explained to them by their counsel and that the terms contained in this Settlement Agreement are fully understood and voluntarily accepted by the Plaintiff.

9. Governing Law

This Settlement Agreement shall be construed and interpreted in accordance with the laws of India.





10. Additional Documents

The parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement.

11. Severability

The provisions of this Settlement Agreement are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain in full force and effect. This Agreement shall survive the termination of any arrangements contained herein.

12. Modification and Amendment

This Settlement Agreement may not be modified or amended in any way, except by a writing signed by the party to be charged therewith.


By: __________________________
       Plaintiff


By: _________________________
       Defendant


Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#36298
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Settlement and Release Agreement
(Litigation Ongoing)
(India)









This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Settlement and Release Agreement (Litigation Ongoing)




General Information
Settlement and Release Agreement
(Litigation Ongoing)

Often someone will bring litigation against another and file a complaint with a court.  However, many disputes are settled before court proceedings have reached a final conclusion.  In this instance it is imperative that the parties to the litigation have a written agreement which sets forth the agreement and release of any claims between the parties.

This Settlement and Release Agreement sets forth the specific issues to be settled including description of the dispute itself, settlement terms and the release of any and all claims.  This legal document will prove invaluable in the event there are future misunderstandings or disagreements between the parties.  





Instructions and Checklist
Settlement and Release Agreement
(Litigation Ongoing)

  Both parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

     Both parties must sign the agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  

   











DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



SETTLEMENT AND RELEASE AGREEMENT


THIS SETTLEMENT & RELEASE AGREEMENT (hereinafter referred as the “Settlement Agreement'”) is entered on this ___ day of _______________________, 20____________ by and between _____________________________________________________________ of ________________________________________________ (hereinafter referred as the “Plaintiff'”), and ___________________________________________________________ of _________________________________________ (hereinafter referred as the “Defendant”).

RECITALS

WHEREAS, on ______________________the Plaintiff and Defendant have entered into the following agreement _______________________________ (the “Agreement”)

WHEREAS, certain disputes (defined below) have arisen between the Plaintiff and Defendant, which has resulted in both litigation and arbitration

WHEREAS, the parties desire to enter into this Settlement Agreement in order to settle and compromise their disputes, upon the terms and conditions of this Settlement Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Dispute

[Describe the dispute  payment, ownership issues, performance of obligations etc.]

2. Settlement

The parties agree to settle the dispute in the following manner:

[Enter the settlement terms  agreed upon payment, ownership or obligations etc]

3. Dismissal of Actions and Proceedings

Within seven (7) business days from the execution of this Agreement, the Plaintiff shall confirm in writing to Defendant that all actions, proceedings filed by the Plaintiff have been withdrawn and fully dismissed with prejudice.

4. Release and Discharge

The parties hereby agree to release and forever discharge each other, and their successors, affiliates, subsidiaries, officers, employees, assigns, agents from any and all past, present or future known and unknown claims, demands, disputes, obligations, actions, causes of action, rights, damages, expenses, debts, liabilities, related to the dispute and/or any of the matters which arise out of, from, asserted in, or which could have been asserted in connection with the dispute.


5. No Admission

The parties' execution of this Settlement Agreement is not an admission of any liability, fault or responsibility on the part of any released party. This Settlement Agreement is entered with the intention to avoid the expense, inconvenience and uncertainty of litigation.

6. Notices

All notices, demands, and requests which may be given or which are required to be given by either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in certified or registered mail, return receipt requested, postage prepaid, properly addressed as follows:

If to Plaintiff:

__________________________
__________________________
__________________________

If to Defendant:

___________________________
___________________________
___________________________

7. Entire Agreement and Successors in Interest

This Settlement Agreement contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.

8. Representation

The Parties acknowledge that in entering into this Settlement Agreement, they have been represented by counsel of their own choice and that they have read this Agreement and have had it fully explained to them by their counsel and that the terms contained in this Settlement Agreement are fully understood and voluntarily accepted by the Plaintiff.

9. Governing Law

This Settlement Agreement shall be construed and interpreted in accordance with the laws of India.





10. Additional Documents

The parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement.

11. Severability

The provisions of this Settlement Agreement are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain in full force and effect. This Agreement shall survive the termination of any arrangements contained herein.

12. Modification and Amendment

This Settlement Agreement may not be modified or amended in any way, except by a writing signed by the party to be charged therewith.


By: __________________________
       Plaintiff


By: _________________________
       Defendant


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