Settlement Agreement - General

Settlement Agreement - General

Before you use this: Identify every person and entity whose rights are affected. Confirm whether the dispute is pending in a court or agency, whether approval is required, and who can sign and release each claim. Complete the schedules and select the actual forum and law.

This Settlement Agreement (the “Agreement”) is made on [__/__/____] by:

The dispute being resolved is [PRECISE TRANSACTION OR EVENTS AND DATE RANGE] (the “Dispute”). The pending proceeding, if any, is [COURT OR AGENCY, CAPTION, CASE NUMBER, OR “NONE”] (the “Proceeding”). The parties exchange the promises in this Agreement to resolve the Dispute on the following terms.

1. Settlement performance

1.1. [PAYOR] shall pay [PAYEE] $[AMOUNT] by [METHOD] to payment instructions confirmed by [SECURE METHOD] no later than [DATE AND TIME]. The payment is allocated as agreed in Schedule A; any tax reporting, withholding, or allocation decision requiring professional review is [SPECIFIC AGREED TREATMENT AND RESPONSIBLE PARTY]. This Agreement does not declare a tax outcome.

1.2. [PARTY] shall also [SPECIFIC NONMONETARY PERFORMANCE, DELIVERABLE, STANDARD, AND DEADLINE / “NONE”]. Any property, account, credential, or document transfer is described in Schedule B. Each party will give the other a dated receipt for completed performance.

1.3. If an approval from [COURT, AGENCY, INSURER, LIENHOLDER, BOARD, GUARDIAN, OR OTHER PERSON] is required, the responsible party is [NAME]; the filing/request deadline is [DATE]; and this Agreement [DOES NOT BECOME EFFECTIVE / PERFORMANCE IS DEFERRED / OTHER SELECTED EFFECT] until [SPECIFIC APPROVAL EVENT]. The parties will exchange the approval record promptly.

2. Release

2.1. Subject to paragraph 2.3, Party A releases only the following claims owned by Party A against [EXACT NAMED RELEASED PERSONS]: [CLAIMS, TRANSACTIONS, AND DATE RANGE]. Party B releases only the following claims owned by Party B against [EXACT NAMED RELEASED PERSONS]: [CLAIMS, TRANSACTIONS, AND DATE RANGE]. Any known claim excluded from release is [LIST OR “NONE”]. Claims of nonparties are outside this Agreement unless an authorized person signs for them and the applicable law permits it.

2.2. Unknown claims, future events, government claims, liens, contribution or indemnity rights, and nonparty rights are [SPECIFICALLY INCLUDED WITH IDENTIFIED AUTHORITY AND INFORMED CONSENT / EXCLUDED]. No blanket unknown-claims waiver is supplied by this form.

2.3. Each release takes effect only when [CLEARED PAYMENT AND IDENTIFIED NONMONETARY PERFORMANCE / OTHER SPECIFIC TRIGGER] occurs. Until then, the released claims remain [STATUS AGREED BY PARTIES]; the parties' pending-case steps are governed by section 3. Performance after a release becomes effective remains enforceable as a separate obligation under this Agreement.

2.4. The parties make no admission of liability by settling. Each party confirms that it has disclosed to the other any prior assignment or encumbrance of the claims it purports to release: [DETAILS OR “NONE KNOWN”]. This confirmation is limited to that party's actual knowledge after [DESCRIBE REVIEW].

3. Proceeding and dismissal

3.1. Within [NUMBER] [CALENDAR/BUSINESS] days after [SPECIFIC RELEASE OR PAYMENT TRIGGER], [RESPONSIBLE PARTY OR COUNSEL] shall prepare and file [EXACT DISMISSAL, STIPULATION, SATISFACTION, OR OTHER PAPER] in the Proceeding, requesting [WITH PREJUDICE / WITHOUT PREJUDICE / SPECIFIED CLAIM-ONLY DISPOSITION] to the extent allowed by the tribunal's rules. The other party shall provide required signatures by [DATE]. The parties will confirm the actual docket entry or order. For a federal civil action, select the applicable route after review: ☐ Rule 41(a)(1)(A)(ii) stipulation signed by all parties who appeared ☐ Rule 41(a)(2) motion and order ☐ another controlling rule or order: [AUTHORITY].

3.2. Any request that the tribunal retain jurisdiction to enforce this Agreement is [NOT REQUESTED / REQUESTED IN THE ATTACHED PROPOSED ORDER UNDER IDENTIFIED AUTHORITY]. For a federal civil action, Kokkonen requires an independent federal jurisdictional basis or an actual dismissal order retaining jurisdiction or incorporating the settlement terms. The parties will rely on retained jurisdiction only after reviewing the actual order. Otherwise, enforcement forum and procedure are determined by section 5 and applicable law.

3.3. Each party shall bear its own costs and attorney fees in the Dispute unless Schedule C states an agreed allocation. Any lien, subrogation, benefit repayment, or third-party consent affecting payment or dismissal is [IDENTIFIED RESPONSIBLE PARTY, AMOUNT/PROCESS, AND DEADLINE].

4. Breach, notice, and cure

4.1. A party claiming a breach shall send written notice describing the exact obligation, facts, and requested correction to the notice recipient in section 7. The receiving party has [NUMBER] [CALENDAR/BUSINESS] days after [ACTUAL RECEIPT OR AGREED TRIGGER] to cure [IDENTIFIED CURABLE BREACH], if cure is permitted under the selected governing law and this Agreement. An uncured breach may be addressed through the process in section 5.

4.2. No automatic judgment, acceleration, forfeiture, penalty, fee, interest, termination, or liability cap is created by this Agreement. Any agreed and legally available consequence must be stated here with its amount and conditions: [PRECISE TERM OR “NONE”]. Each party may seek only relief authorized by this Agreement and applicable law after any required notice and procedure.

5. Law and dispute process

5.1. The parties select [STATE OR OTHER JURISDICTION] law for contractual questions, subject to mandatory law that applies to the Dispute or parties. The selected forum and procedure for a dispute about this Agreement are [COURT OR AGREED PROCESS AND LOCATION], subject to that forum's jurisdiction and any actual order in the Proceeding. No jury waiver or arbitration agreement is created unless separately stated and reviewed here: [SPECIFIC TERM OR “NONE”].

5.2. The parties may negotiate a dispute before filing. A proposed settlement discussion does not extend a court, statutory, or contractual deadline unless an effective written agreement or order does so.

6. Confidentiality and statements (optional)

Select one confidentiality scope: ☐ none ☐ settlement amount only ☐ terms and negotiations ☐ specifically described information: [DESCRIPTION]. If a scope is selected, each party agrees to keep that information confidential, except for disclosure to its counsel, tax or financial advisors, insurers, auditors, and persons necessary to perform the settlement, and for disclosure required or protected by law, court process, government reporting, or a regulator. Any additional permitted disclosure is [DESCRIPTION].

The agreed public statement is [TEXT / NONE]. Non-disparagement is [NOT INCLUDED / LIMITED TO KNOWINGLY FALSE STATEMENTS ABOUT SPECIFIED SUBJECTS / SEPARATELY REVIEWED TEXT]. This section does not restrict truthful testimony, a protected report, cooperation with an investigation, or a disclosure that applicable law requires or protects.

7. Notices and administration

Notices under this Agreement shall be sent to the following recipients by [AGREED METHOD], with copies to [PERSONS]. The effective time of delivery is [EXACT RULE OR AGREED EVENT SUBJECT TO MANDATORY LAW]. A party changing its notice address shall inform the other in writing by the same method.

This Agreement and its completed schedules are the parties' full settlement of the Dispute. A change must be in a writing signed by the affected parties. If a provision cannot be enforced, the remaining terms continue only to the extent the settlement's essential exchange remains workable under the governing law; the parties will confer about a lawful replacement. Each signer represents authority to bind only the party identified beside that signature.

The parties may sign counterparts and exchange signed copies by [PDF / AGREED PLATFORM / OTHER METHOD], if their selected method is valid under applicable law and any filing rules.

8. Signatures

Schedule A — Payment and allocation

Schedule B — Other performance

Schedule C — Costs, liens, and approvals