Legal Dismissed Petition

LEGAL DISMISSED PETITION

This Joint Petition for Dismissal is entered into by and between Petitioner Name: and Respondent Name: (collectively, the Parties) in the matter styled Case Number: filed in . The original petition was filed on before Judge .

RECITALS

WHEREAS, Petitioner initiated the above-captioned action asserting claims arising from the facts and circumstances described in the pleadings; and

WHEREAS, the Parties have engaged in discussions and have agreed upon terms under which the Petition may be dismissed, and desire to set forth those terms in writing; and

WHEREAS, the Parties intend that the dismissal effected by this Petition shall fully implement their mutual agreement and, where required, be presented to the court for entry of an order dismissing the action on the terms set forth below.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained in this Petition, and other good and valuable consideration, the Parties agree as follows:

1. DISMISSAL

1.1 The Parties jointly petition the Court to dismiss the above-captioned action: Select one: With prejudice Without prejudice

1.2 The Parties request that the dismissal be effective as of . If the Court requires a proposed order, the Parties will jointly submit a proposed form of order within days of the Court's request.

2. MUTUAL RELEASE

2.1 Except as otherwise set forth in this Petition, upon the effective date of dismissal, each Party hereby irrevocably and unconditionally releases and forever discharges the other Party, and its affiliates, officers, directors, employees, agents, successors and assigns, from any and all claims, demands, liabilities, actions, causes of action, suits, debts, accounts, contracts, agreements, obligations, costs, expenses, attorneys' fees, and damages of any nature whatsoever, whether known or unknown, suspected or unsuspected, arising prior to the effective date, arising out of or relating to the matters alleged in the action.

2.2 Each Party expressly acknowledges that this release is a full and final settlement and is not intended to release any claims arising after the effective date or claims that cannot be released as a matter of law.

3. PAYMENT OF COSTS AND FEES

3.1 Except as specifically provided herein, each Party shall bear its own costs, expenses and attorneys' fees incurred in connection with the action and with negotiating and executing this Petition.

3.2 If a monetary payment is part of this agreement, the amount to be paid by the Paying Party shall be and shall be paid on or before by the method agreed between the Parties. Failure to make payment shall constitute a material breach of this Petition.

4. NO ADMISSION OF LIABILITY

4.1 This Petition and any actions taken pursuant to it are intended to compromise and settle disputed claims and shall not be construed as an admission of liability, fault, or wrongdoing by any Party. No Party admits liability by entering into this Petition or by complying with its terms.

5. REPRESENTATIONS AND WARRANTIES

5.1 Each Party represents and warrants that it has the full right, power and authority to execute and deliver this Petition and to perform its obligations hereunder; that the execution and delivery of this Petition and the performance of its terms have been duly authorized by all requisite action; and that this Petition constitutes a legal, valid and binding obligation enforceable against such Party in accordance with its terms.

6. CONFIDENTIALITY

6.1 The Parties agree that the terms of this Petition, and any related settlement payments, shall be kept confidential and shall not be disclosed to any third party except as required by law or to the extent necessary to enforce this Petition. Confidentiality agreed

6.2 If confidentiality is agreed, it shall remain in effect for months from the effective date, except as otherwise required by law.

7. NOTICES

7.1 All notices required or permitted under this Petition shall be in writing and shall be deemed given when delivered personally, sent by certified mail, or sent by nationally recognized overnight courier to the addresses provided above, or to such other address as either Party may designate in writing in accordance with this section.

8. AMENDMENT; WAIVER

8.1 This Petition may be amended only by a written instrument signed by both Parties. No waiver of any provision of this Petition shall be effective unless made in writing and signed by the Party against whom enforcement of the waiver is sought.

9. GOVERNING LAW; ENFORCEMENT

9.1 This Petition shall be governed by and construed in accordance with the laws of the state in which the Court is located, without regard to its conflicts of laws principles. The Parties submit to the jurisdiction of the Court for any enforcement proceedings relating to this Petition.

10. ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

10.1 This Petition constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral.

10.2 If any provision of this Petition is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

10.3 This Petition may be executed in counterparts, each of which shall be deemed an original, and all counterparts together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed original signatures for all purposes.

ADDITIONAL TERMS

Sign Now