Legal Proposed Stipulation Agreement

LEGAL PROPOSED STIPULATION AGREEMENT

This Proposed Stipulation Agreement ("Stipulation") is entered into as of by and between Party A: , represented by ; and Party B: , represented by .

RECITALS

WHEREAS, Party A and Party B are parties to the matter described as: (the "Matter");

WHEREAS, the parties desire to resolve certain procedural and substantive disputes, establish agreed deadlines and procedures, and to provide the Court with a proposed stipulation and order setting forth those agreements;

WHEREAS, the parties acknowledge that this Stipulation sets forth the complete agreement between them with respect to the subject matter hereof and is offered for the purpose of submission to the presiding tribunal or filing between the parties.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein, and intending to be legally bound, the parties agree as follows:

1. DEFINITIONS

For purposes of this Stipulation, the following terms shall have the meanings set forth below: "Stipulating Parties" means Party A and Party B collectively; "Effective Date" means the date first written above.

2. AGREED FACTS AND SCOPE

The parties agree and stipulate that the following facts and scope shall govern the Matter unless and until this Court orders otherwise: the parties have agreed to the joint facts and stipulated evidentiary matters described in Section 3 below and to the procedures for discovery and briefing set forth herein.

3. STIPULATED TERMS

The parties propose and agree to the following specific stipulations. Unless otherwise indicated, all dates below are calculated from the Effective Date above.

4. DISPOSITION OF CLAIMS

The parties acknowledge that this Stipulation: This Stipulation resolves all claims between the parties; or This Stipulation resolves only the matters expressly enumerated in Section 3.

If the parties indicate that this Stipulation resolves claims in whole or in part, the parties agree that any dismissal or release described herein shall be with the terms set forth below and shall not constitute an admission of liability.

5. MUTUAL RELEASES

Except as otherwise provided in this Stipulation, and conditioned upon the Court's approval where necessary, the Stipulating Parties mutually release and forever discharge each other from any and all claims, demands, actions, causes of action, suits, liabilities, damages, costs and expenses, whether known or unknown, arising out of or related to the matters set forth in the Matter, to the extent indicated in Section 4 and release_terms.

6. CONFIDENTIALITY

The terms of this Stipulation and any settlement consideration shall be confidential between the Stipulating Parties except as required by law or as authorized in writing by the parties. The parties agree not to disclose the terms of this Stipulation to any third party except counsel, insurers, or as required by the tribunal.

7. COOPERATION; FURTHER DOCUMENTS

Each party agrees to cooperate in good faith to execute any additional documents and take such further actions as may be reasonably necessary to effectuate the terms of this Stipulation, including filing joint or unilateral submissions to the tribunal to implement the parties' agreement.

8. COSTS AND ATTORNEYS' FEES

Unless otherwise agreed in writing, each party shall bear its own costs and attorneys' fees incurred in connection with the Matter and the negotiation and execution of this Stipulation. Any agreed allocation of fees shall be set forth in the release_terms above.

9. NOTICES

All notices required or permitted under this Stipulation shall be in writing and delivered to the addresses set forth below by personal delivery, certified mail, or overnight courier, and shall be effective upon receipt.

10. GOVERNING LAW

This Stipulation shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

11. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER; COUNTERPARTS

This Stipulation constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, whether written or oral. If any provision of this Stipulation is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Stipulation may be amended or modified only by a writing executed by the Stipulating Parties. No waiver of any breach or default shall constitute a waiver of any other breach or default. This Stipulation 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.

12. MISCELLANEOUS

The headings in this Stipulation are for convenience only and shall not affect its interpretation. The obligations and rights set forth herein shall bind and inure to the benefit of the parties and their respective heirs, successors and permitted assigns.

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