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Covenant Not To Sue
This Agreement, effective the ________ day of _________, 20 __, is entered into between ________ [Name] of ________ [Address], hereinafter referred to as "First Party", and ________ [Name] of _______ [Address], hereinafter referred to as "Second Party."
Agreement is as follows:
01. First Party does hereby agree to forego any and all claims, demands and entitlements, and will cease all present or pending legal action against Second Party stemming from:
[outline in detail the motive for legal action against Second Party]
02. No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
03. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
04. Notices. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the [First Party]:
[city, state, zip]
If to the [Second Party]:
[city, state, zip]
All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; three (3) business days after deposit in any United States Post Office, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
05. Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or party's legal counsel) drafted the Agreement. The headings, captions, and titles in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
06. Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
07. Breach and Waiver. Should either party incur any expense or legal fees as a result of the breach of any portion of this Agreement by the other party, the Court shall award reasonable attorney's fees and suit expenses to the non-defaulting party which are reasonably incurred. No breach, waiver, or default of any of the terms of this agreement shall constitute a waiver of any subsequent breach or default of any of the terms of agreement.
08. Amendment of Agreement. While this agreement remains in effect the parties agree to settle any disputes which arise under it through resort to mediation before a professional mediator. Both parties are to pay half of the fee's unless it is clear to the mediator that one of the parties is requesting mediation only to incur costs the other party cannot reasonably be expected to pay. If mediation fails than the dispute is to go before a single arbitrator. The arbiter need not be a lawyer or professional adjudicator, but may be a person with professional experience and training in arbitration law applicable in the state of [---].
09. Governing Law. The parties hereby expressly acknowledge and agree that this Agreement is entered into in the State of [STATE] and, to the extent permitted by law, this Agreement shall be construed, and enforced in accordance with the laws of the State of [STATE].
10. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Executed on the day and date first above written, at City of ______________________ State of _________.
Signed in the presence of: