Legal Petition and Consent

LEGAL PETITION AND CONSENT

Petitioner Name: of Petitioner Address: (hereinafter "Petitioner"); and Respondent Name: of Respondent Address: (hereinafter "Respondent"). Petitioner hereby files this Petition and Respondent executes this Consent as set forth below.

RECITALS

WHEREAS, Petitioner has initiated a petition requesting relief described herein and seeks judicial or administrative action granting the specific remedies set forth in Section 1; and

WHEREAS, Respondent is a party whose consent is required under applicable law or procedural rules to effectuate the relief sought and has the authority to grant such consent; and

WHEREAS, the parties desire to set forth their agreement, consent, and stipulations in writing to facilitate entry of the requested relief and to memorialize certain mutual representations and commitments.

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

1. PETITION FOR RELIEF

Petitioner petitions the appropriate tribunal for the relief described below and requests that the tribunal issue all necessary orders to effectuate such relief. The specific relief sought is:

Petitioner certifies that the facts set forth in the petition are true and correct to the best of Petitioner’s knowledge, and that Petitioner will prosecute the petition in good faith and comply with applicable rules of procedure and evidence.

2. CONSENT

Respondent hereby knowingly and voluntarily consents to the filing and entry of the relief described in Section 1, subject to the terms and conditions set forth in this Agreement.

Respondent expressly acknowledges and agrees that by executing this Consent Respondent:

1. Consents to the entry of any order necessary to grant the relief described in this Petition and waives any procedural defects identified herein, except as limited by the explicit terms below.
2. Waives any claims, defenses, or objections that have been or could have been asserted with respect to the matters encompassed by this Petition, to the extent permitted by law and unless otherwise reserved in writing in the field below:

Please indicate consent to the relief described in Section 1: Respondent consents to entry of requested relief

3. JURISDICTION AND VENUE

The parties agree that the tribunal identified below has jurisdiction and proper venue to hear and determine the Petition and to enter any orders necessary to effectuate the parties’ agreement.

Tribunal Name: County/Division:

4. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that: (a) it has the full right, power, and authority to enter into and perform this Agreement; (b) the execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized by all necessary action; and (c) this Agreement is binding upon it and enforceable in accordance with its terms, except as limited by applicable bankruptcy, insolvency or similar laws.

5. COVENANTS

Each party covenants to cooperate in good faith, to execute such further documents and to take such additional actions as may be reasonably required to effectuate the purpose and intent of this Agreement and the requested relief.

6. NOTICES

All notices, demands, or other communications required or permitted under this Agreement shall be in writing and shall be delivered to the following addresses by hand delivery, certified mail, or other nationally recognized overnight carrier:

7. AMENDMENT; WAIVER

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any breach shall be effective unless in writing signed by the party granting the waiver, and no waiver of any breach shall operate as a waiver of any other or subsequent breach.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction selected below, without regard to its conflicts of law principles. Governing State:

9. ENTIRE AGREEMENT

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

10. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect and shall be construed so as to give effect to the parties’ intent as nearly as possible.

11. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement 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. A facsimile, digital image, or electronic signature shall be deemed an original signature for purposes of this Agreement.

12. MISCELLANEOUS

The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. Any ambiguity shall not be interpreted against either party as the drafter.

Sign Now