Legal Court Document Template

LEGAL COURT DOCUMENT TEMPLATE

This Stipulation and Agreement (the Agreement) is entered into on between Plaintiff Name: with principal address: , and Defendant Name: with principal address: .

Case Number: Court: Presiding Judge:

RECITALS

WHEREAS, Plaintiff and Defendant are parties to the litigation identified above and desire to resolve certain matters between them without further contested proceedings; and

WHEREAS, the parties have conferred and reached the material terms set forth in this Agreement and intend to submit this Stipulation to the Court for entry as an order; and

WHEREAS, the parties acknowledge that entry of an order by the Court is a prerequisite to the final resolution of the matters addressed herein.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

Unless otherwise defined herein, capitalized terms used in this Agreement shall have the meanings set forth in this Section. "Agreement" means this Stipulation and Agreement; "Parties" means Plaintiff and Defendant collectively; "Effective Date" means the date set forth above.

2. STIPULATED TERMS

2.1 Resolution: The parties agree to the material resolution described in the settlement summary below, subject to Court approval. The parties agree to cooperate in obtaining and implementing any order the Court may enter.

2.2 Payment Terms: If monetary payment is a component of the resolution, the party responsible for payment shall remit the agreed sum in accordance with the schedule below.

Total Amount: Payment Schedule:

3. COURT FILINGS AND ORDERS

3.1 Preparation and Filing: The parties shall prepare a joint proposed order and any necessary stipulations for submission to the Court. The parties agree to use their best efforts to secure entry of an order consistent with the terms of this Agreement.

3.2 Entry of Order: This Agreement is subject to the Court's approval. If the Court enters an order substantially in the form submitted, the parties shall treat this Agreement as final and binding.

4. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full right, power and authority to enter into this Agreement and to perform its obligations hereunder; that the person signing on its behalf is authorized to do so; and that execution and delivery of this Agreement will not violate any other agreement or legal obligation.

5. CONFIDENTIALITY

The parties agree that the terms of this Agreement shall be confidential not confidential as elected above, except to the extent disclosure is required by law or by the Court. If confidential, the parties shall not disclose the terms except to counsel, insurers, accountants or as required by court order.

6. ATTORNEYS' FEES AND COSTS

Unless otherwise agreed in writing below, each party shall bear its own attorneys' fees and costs incurred in connection with the litigation and the negotiation of this Agreement.

Agreed allocation of fees (if any):

7. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by hand, certified mail, or overnight courier, or by electronic mail with confirmed receipt.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of the state of , without regard to its choice-of-law principles.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

10. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the greatest extent permitted by law.

11. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought. This Agreement may be executed in counterparts, each of which shall be deemed an original, and electronic or facsimile signatures shall be binding.

12. SUBMISSION TO COURT

The parties shall submit this Agreement to the Court for approval and shall provide a proposed form of order reflecting the terms herein. This Agreement does not create any obligation on the part of the Court to enter the proposed order; if the Court declines to enter an order consistent with this Agreement, the parties shall confer and determine whether to proceed with the terms as agreed or to modify the Agreement for resubmission.

REPRESENTATIVE CONTACTS

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