Legal Final Declaration

LEGAL FINAL DECLARATION

This Legal Final Declaration (the "Declaration") is made as of Effective Date: by and between Declarant Name: and Respondent Name: .

RECITALS

WHEREAS, Declarant has asserted certain claims, rights, causes of action, or obligations relating to the matter described as: (the "Matter");

WHEREAS, the parties have engaged in negotiations and have resolved all disputes, liabilities, demands and any potential future claims arising out of or relating to the Matter, including but not limited to the matters described in Case/Reference No.: ;

WHEREAS, the parties desire to reduce to writing their final mutual declarations, representations, releases, and the terms that shall govern the final disposition of all matters between them.

NOW, THEREFORE, in consideration of the mutual covenants, releases and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Declaration, capitalized terms not otherwise defined herein shall have the following meanings: "Claims" means any and all actions, suits, causes of action, demands, liabilities, obligations, debts, accounts, bonds, covenants, contracts, breaches, costs and expenses, losses, and damages of every nature and description, whether known or unknown, suspected or unsuspected, asserted or unasserted, at law or in equity, whether fixed or contingent.

2. FINAL DECLARATION

Declarant hereby declares and acknowledges that all Claims arising from or relating to the Matter have been finally resolved in accordance with the terms set forth in this Declaration. Declarant affirms and represents that, except as expressly reserved in this Declaration, all rights to pursue or obtain damages, injunctive relief, restitution, or other remedies against Respondent arising from the Matter are forever released and extinguished.

3. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that: (a) it has full power, authority, and legal right to enter into this Declaration and to perform its obligations hereunder; (b) the execution and delivery of this Declaration has been duly authorized by all necessary action; and (c) this Declaration constitutes a legal, valid and binding obligation enforceable against it in accordance with its terms.

4. RELEASE AND DISCHARGE

Subject to the express limitations and reservations set forth herein, Declarant hereby fully and finally releases and forever discharges Respondent, and each of their respective agents, representatives, successors and assigns, from any and all Claims, demands, causes of action, suits, debts, liabilities, obligations, damages, losses, costs and expenses of any nature whatsoever, whether known or unknown, that Declarant has ever had or may hereafter have against Respondent arising out of or relating to the Matter.

5. CONFIDENTIALITY

Except as required by law, each party shall keep the terms, amount of any settlement consideration, and existence of this Declaration confidential and shall not disclose such information to any third party without the prior written consent of the other party. Disclosure to legal counsel, insurers, accountants or as required by statutory obligation shall not constitute a breach of this provision provided the recipient is bound to confidentiality obligations no less restrictive than those set forth herein.

6. NO FURTHER CLAIMS

Each party covenants and agrees that it shall not institute, maintain, or prosecute against the other party any action or proceeding based upon any Claim released by this Declaration. Any party violating this covenant shall be liable for the other party's attorneys' fees and costs incurred in defending such action.

7. SURVIVAL

All representations, warranties, indemnities, confidentiality obligations, and provisions that by their nature should survive termination or expiration of this Declaration shall survive and remain enforceable.

8. NOTICES

Notices to Declarant

Notices to Respondent

9. AMENDMENT

This Declaration may be amended, modified or supplemented only by a written instrument executed by both parties expressly referencing this Declaration and identifying the specific amendment.

10. WAIVER

No waiver by any party of any default, breach or right under this Declaration shall be deemed a waiver of any other right or of any subsequent default or breach. Any waiver must be in a written instrument signed by the party granting the waiver.

11. COUNTERPARTS

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

12. GOVERNING LAW

This Declaration shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

13. ENTIRE AGREEMENT

This Declaration constitutes the entire agreement and final expression of the parties with respect to the Matters addressed herein and supersedes all prior negotiations, understandings, representations and agreements, whether written or oral, relating thereto.

14. SEVERABILITY

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

ADDITIONAL STATEMENT

Supplemental Declaration (if any)

CERTIFICATION

Declarant certifies under penalty of perjury under the laws of the governing jurisdiction that the statements contained in this Declaration are true and correct to the best of Declarant's knowledge, information and belief, and that Declarant has not omitted any material fact that would render the representations herein misleading.

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