Legal Statement Template

LEGAL STATEMENT TEMPLATE

This Legal Statement ("Statement") is made on this day of , by and between Declarant Name: of and Recipient Name: of (each a "Party" and together the "Parties").

RECITALS

WHEREAS, Declarant possesses firsthand knowledge of certain facts and circumstances described herein and is willing to provide a written statement of those facts to Recipient for the purposes described below;

WHEREAS, Recipient has requested that Declarant set forth, in writing, the facts, observations and relevant materials within Declarant's knowledge for the matter identified as: ;

WHEREAS, the Parties desire to establish the terms under which the written statement is prepared, provided, used and relied upon.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, the Parties agree as follows:

1. DEFINITIONS

1.1 "Statement" means this Legal Statement and all exhibits, schedules, attachments and written factual narratives delivered by Declarant to Recipient under this Statement.

1.2 "Confidential Information" means non-public information disclosed in connection with this Statement that is identified in writing as confidential at the time of disclosure or that, by its nature, should reasonably be understood to be confidential.

2. STATEMENT OF FACTS

2.1 Declarant hereby sets forth the following factual statement. Declarant affirms that the facts described are within Declarant's personal knowledge, are true and correct to the best of Declarant's knowledge, and that Declarant is competent to testify regarding such facts.

3. REPRESENTATIONS AND WARRANTIES

3.1 Declarant represents and warrants that: (a) the Statement is based upon Declarant's personal knowledge or a review of records maintained in the ordinary course of business; (b) Declarant has no reason to believe any portion of the Statement is intentionally false or misleading; and (c) Declarant will supplement or correct the Statement promptly upon learning of any material inaccuracy.

3.2 Recipient represents that it will use the Statement only for the purpose disclosed to Declarant and will not knowingly rely on the Statement for any other purpose without prior written consent from Declarant.

4. CONFIDENTIALITY AND USE

4.1 Unless otherwise agreed in writing, Recipient shall treat the Statement as Confidential Information and shall not disclose the Statement to any third party except (a) as compelled by law, regulation or court order, or (b) to its attorneys, accountants or advisors who have a bona fide need to know and who are bound by confidentiality obligations no less protective than those set forth herein.

4.2 If Recipient is required to disclose the Statement by law or order, Recipient shall provide Declarant with prompt written notice of such requirement to the extent legally permitted and shall cooperate with Declarant's reasonable efforts to seek a protective order or other relief.

5. VERIFICATION; OATH; PENALTY

5.1 Declarant acknowledges and agrees that the making of a false statement in this Statement with intent to mislead or deceive may subject Declarant to civil liability and, where applicable, criminal penalties under the laws of the jurisdiction identified below.

5.2 By signing below, Declarant verifies under penalty of perjury that the facts set forth in the Statement are true and correct to the best of Declarant's knowledge.

6. INDEMNIFICATION

6.1 Each Party shall indemnify, defend and hold harmless the other Party and its officers, directors, employees and agents from and against any losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach of a representation, warranty or covenant contained in this Statement or arising from the negligent or willful acts or omissions of the indemnifying Party in connection with this Statement.

7. NOTICES

7.1 All notices required or permitted under this Statement shall be in writing and shall be delivered to the addresses set forth below by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier.

8. AMENDMENT; WAIVER; COUNTERPARTS

8.1 This Statement may be amended or modified only by a written instrument signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party granting the waiver.

8.2 This Statement 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. Signatures delivered by electronic or facsimile transmission shall be effective as originals.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 Governing Law. This Statement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

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

9.3 Severability. If any provision of this Statement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

10. MISCELLANEOUS

10.1 Remedies. The Parties agree that monetary damages may be an inadequate remedy for breach of confidentiality or other material provisions of this Statement and that the non-breaching Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

10.2 Interpretation. Headings are for convenience only and shall not affect interpretation. All references to days are calendar days unless otherwise specified. Terms defined in the singular shall include the plural and vice versa where the context requires.

Sign Now